HOME

TheInfoList



OR:

Robert Malcolm McDowell (born June 13, 1963) is a lawyer and
lobbyist Lobbying is a form of advocacy, which lawfully attempts to directly influence legislators or government officials, such as regulatory agencies or judiciary. Lobbying involves direct, face-to-face contact and is carried out by various entities, in ...
who served as a commissioner of the
Federal Communications Commission The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, internet, wi-fi, satellite, and cable across the United States. The FCC maintains j ...
from June 1, 2006, to May 17, 2013. He is currently a partner in the law firm
Cooley LLP Cooley LLP is an American international law firm, headquartered in Palo Alto, California, with offices worldwide. The firm's practice areas include corporate, litigation, intellectual property, fund formation, public markets, employment, life ...
.


Early career

McDowell is a former lobbyist for telecommunications companies that compete against the Baby Bells. Immediately before his confirmation to the FCC, he was senior
vice president A vice president or vice-president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vi ...
and assistant
general counsel A general counsel, also known as chief counsel or chief legal officer (CLO), is the chief in-house lawyer for a company or a governmental department. In a company, the person holding the position typically reports directly to the CEO, and their ...
of COMPTEL (Competitive Telecommunications Association), an
industry trade group A trade association, also known as an industry trade group, business association, sector association or industry body, is an organization founded and funded by businesses that operate in a specific industry. Through collaboration between compani ...
of competitive (non-
RBOC A Regional Bell Operating Company (RBOC) was a corporate entity created as result of the antitrust lawsuit by the United States Department of Justice against the Western Electric Company and American Telephone and Telegraph Company (AT&T) in 1 ...
) telephone companies. Prior to joining CompTel in February 1999, McDowell served as the executive vice president and general counsel of America's Carriers Telecommunications Association (ACTA), which merged with CompTel at that time. McDowell was graduated cum laude from
Duke University Duke University is a Private university, private research university in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present-day city of Trinity, North Carolina, Trinity in 1838, the school moved to Durham in 1 ...
in 1985. After serving as chief legislative aide to Virginia Delegate Robert T. Andrews (R- McLean), he attended the Marshall-Wythe School of Law at the
College of William and Mary The College of William & Mary (abbreviated as W&M) is a public research university in Williamsburg, Virginia, United States. Founded in 1693 under a royal charter issued by King William III and Queen Mary II, it is the second-oldest instit ...
. Upon his graduation from law school in 1990, McDowell joined the Washington, D.C., office of the national law firm of Arter & Hadden where he focused on communications law. He was appointed by Virginia Governor George Allen to the Governor's advisory board for a Safe and Drug-Free Virginia, and to the Virginia Board for Contractors where he served for eight years. A veteran of several presidential campaigns, his work during the 1992 presidential campaign is cited in the ''
Almanac of American Politics ''The Almanac of American Politics'' is a reference work published biennially by Columbia Books & Information Services. It aims to provide a detailed look at the politics of the United States through an approach of profiling individual leaders a ...
'', 1994. In 2000, he served as a member of the Bush-Cheney Florida recount team. McDowell was a candidate for the
Virginia General Assembly The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, the oldest continuous law-making body in the Western Hemisphere, and the first elected legislative assembly in the New World. It was established on July 30, ...
, running in 2003 to represent the 35th District in the House of Delegates; he lost to Steve Shannon.


FCC commissioner

McDowell was first appointed to a seat on the Federal Communications Commission by
U.S. President The president of the United States (POTUS) is the head of state and head of government of the United States. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
George W. Bush George Walker Bush (born July 6, 1946) is an American politician and businessman who was the 43rd president of the United States from 2001 to 2009. A member of the Bush family and the Republican Party (United States), Republican Party, he i ...
and unanimously confirmed by the Senate in 2006. When he was reappointed to the Commission on June 2, 2009, McDowell became the first Republican to be appointed to an independent agency by President
Barack Obama Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. O ...
. The
U.S. Senate The United States Senate is a chamber of the bicameral United States Congress; it is the upper house, with the U.S. House of Representatives being the lower house. Together, the Senate and House have the authority under Article One of the ...
confirmed him
unanimous Unanimity is agreement by all people in a given situation. Groups may consider unanimous decisions as a sign of social, political or procedural agreement, solidarity, and unity. Unanimity may be assumed explicitly after a unanimous vote or impl ...
ly on June 25, 2009. McDowell's second term was set to end in June 2014, but he announced on March 20, 2013, his plans to step down early. McDowell was widely perceived to be a front-runner for chairman of the FCC had Mitt Romney won the 2012 presidential election. On May 17, 2013, McDowell stepped down from the commission to join the Hudson Institute's Center for Economics of the Internet as a visiting fellow.


Net neutrality

McDowell has been an outspoken critic of net neutrality rules. McDowell, along with Meredith Attwell Baker, dissented from the FCC Open Internet Order 2010. In the D.C. Circuit's 2014 decision in '' Verizon Communications Inc. v. FCC'', the majority on the court panel vacated part of the FCC Open Internet Order 2010, holding that, because the FCC had previously classified broadband providers under Title I of the
Communications Act of 1934 The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934, and codified as Chapter 5 of Title 47 of the United States Code, et seq. The act replaced the Federal Radio Commission w ...
, the FCC could not regulate broadband providers as
common carrier A common carrier in common law countries (corresponding to a public carrier in some civil law (legal system), civil law systems,Encyclopædia Britannica CD 2000 "Civil-law public carrier" from "carriage of goods" usually called simply a ''carrier ...
s. In a ''Wall Street Journal'' op-ed the following day, McDowell called upon the FCC to abandon efforts to adopt net neutrality and contended that the adoption of net neutrality by the FCC would "trigger global regulation of the Internet by the International Telecommunication Union." McDowell also opposed classifying Internet services as telecommunications services under Title II of the Communications Act of 1934; in congressional testimony, op-eds, and articles, McDowell argued that adopting net neutrality regulations would be an "FCC power grab" and could "morph into a regulatory regime for the entire Internet ecosystem, affecting far more than ISPs."


Other issues

He opposed proposals to make Digital Object Architecture "the singular and mandatory addressing system for the Internet of Things," writing that this would be "authoritarian internet power grab." In 2007, McDowell led an effort with then-FCC Commissioner Jonathan Adelstein to adopt a proposal first made in 1984 by the National Association of Black Owned Broadcasters (NABOB) to ban the use of racially discriminatory so-called "no urban, no Hispanic dictates" in broadcast advertising. This anti-discrimination rule became the first new federal civil rights rule adopted in a generation.Remarks of commissioner Robert M. McDowell
fcc.gov
On the FCC, McDowell worked to reform the Universal Service Fund, and argued for limiting the Fund's size.Statement
fcc.gov
> He has continued to call for reform of the universal service "taxing" mechanism. McDowell has been a long-standing critic of the Fairness Doctrine and has repeatedly called for the FCC to repeal the remnants of the Fairness Doctrine from its books.Statement
fcc.gov
In August 2011 the FCC's Media Bureau issued an order removing all references to the Fairness Doctrine from the Code of Federal Regulations. On the FCC, McDowell supported unlicensed uses of vacant TV broadcast channels known as "white spaces" and supported rule, adopted in November 2008 rules to open up white spaces for unlicensed use stating, that the rule change would increase innovation and competition. McDowell dissented in part to the commission's July 2007 rules governing the 700 MHz spectrum auction, arguing that the open access requirement and other rules were overly proscriptive would discourage some bidders and ultimately decrease the proceeds from the auction. McDowell advocated for consideration of restructuring the FCC's structure and changing its operations. McDowell proposed changes and deregulation in a May 2011 speech at TIA, and in congressional testimony in July 2011. McDowell made a number of calls for a fundamental rewrite of federal communications laws calling them "outdated.FCC statement
July 10, 2012.
McDowell recused himself from a vote on an $86 billion merger between AT&T and BellSouth citing his 2006 ethics agreement with the Senate Commerce Committee. AT&T then allegedly campaigned against McDowell's renomination to the Commission in 2009. Endorsed by Senate Republican Leader,
Mitch McConnell Addison Mitchell McConnell III (; born February 20, 1942) is an American politician and attorney serving as the senior United States senator from Kentucky, a seat he has held since 1985. McConnell is in his seventh Senate term and is the long ...
, AT&T's efforts to block McDowell's renomination were unsuccessful, as McDowell was reconfirmed June 2009. McDowell sought to raise awareness about the
digital television transition The digital television transition, also called the digital switchover (DSO), the analogue switch/sign-off (ASO), the digital migration, or the analogue shutdown, is the process in which older analogue television broadcasting technology is con ...
and wrote op-eds on the topic. He believed the FCC was insufficiently prepared for the transition. The DTV transition deadline was later extended by Congress to June 12, 2009. In early 2009, McDowell initiated an effort with then-Acting FCC Chairman Michael Copps to resurrect long-pending proceedings to provide spectrum for low-power medical wireless medical technologies called Medical Body Area Networks (mBANs).Archived copy


Career after FCC

In November 2013, McDowell was appointed to the Panel on the Future of Global Internet Cooperation and Governance Mechanisms. The Panel released its report containing ideas regarding the future of Internet governance. McDowell issued a separate statement expressing his concern that the report did not go far enough to propose presumption against intergovernmental encroachment on internet governance. McDowell joined the
Hudson Institute Hudson Institute is an American Conservatism in the United States, conservative think tank based in Washington, D.C. It was founded in 1961 in Croton-on-Hudson, New York, by futurist Herman Kahn and his colleagues at the RAND Corporation. Kahn ...
as a visiting fellow in 2013. In 2014, he became a partner at Wiley Rein LLP. He left in 2016 to join
Cooley LLP Cooley LLP is an American international law firm, headquartered in Palo Alto, California, with offices worldwide. The firm's practice areas include corporate, litigation, intellectual property, fund formation, public markets, employment, life ...
.


Personal life

He is the son of the Hobart K. McDowell Jr., a former senior editor of ''National Geographic'' magazine, and the Martha Louise Shea McDowell, a former journalist and public relations executive. He resides on the farm where he grew up near
Vienna, Virginia Vienna () is a town in Fairfax County, Virginia, United States. As of the 2020 United States census, 2020 U.S. census, Vienna has a population of 16,473. Significantly more people live in ZIP codes with the Vienna postal addresses (22180, 22181, ...
with his wife, the former Jennifer Griffin, and their three children. McDowell is a former chairman of the Board of the McLean Project for the Arts and a member of the board of Potomac School in
McLean, Virginia McLean ( ) is an Unincorporated area#United States, unincorporated community and census-designated place in Fairfax County, Virginia, United States. The population of the community was 50,773 at the 2020 United States census, 2020 census. It is ...
.


References


External links


Official biography
from Cooley LLP
Robert M. McDowell: Portrait of an FCC lobbyist – LLFCC.NET
(accessed 2007-12-06)

(accessed 2007-12-06) * {{DEFAULTSORT:McDowell, Robert M. Living people Duke University alumni William & Mary Law School alumni People from Vienna, Virginia Virginia Republicans Deerfield Academy alumni Lawyers from Washington, D.C. Virginia lawyers Members of the Federal Communications Commission American lobbyists 1963 births Hudson Institute