Robert G. Scott Jr.

Partner

I help broadband companies reach new markets.

Bob Scott helps broadband cable, telecommunications, wireless, and internet service providers secure rights to construct and maintain their networks over public and private rights of way and multi-tenant properties. He further assists clients with transactions affecting their communications networks, including regulatory approvals (franchises, licenses, and permits), programming agreements, pole attachments, agreements for servicing commercial and private real estate interests, and consumer notices and disclosures. Bob also advises clients on the myriad federal and state regulations affecting providers of internet access, cable, and telecommunications services.

Bob has deep experience as lead counsel in disputes across the country involving cable and telecommunications franchising, government fees on internet services, federal preemption of state and local laws, competitive pricing and antitrust, First Amendment rights, access to public and private rights of way, and pole attachments. He likewise helps clients resolve disputes involving cable system must-carry, copyright, unfair competition, trade secrets, real estate, and corporate and partnership contract disputes.

Counseling & Transactional

Communications

Cable, telecommunications and ISP local franchising, state and local review of system sales and acquisitions, competitive pricing and discounts, open access and net neutrality, franchise fees, utility taxes, and network use of utility and railroad rights-of-way
Cable, telecommunications and technology agreements, including broadband service to multi-tenant residential (MDU/MTE) and commercial properties, interconnection, wireless tower siting, easements and utility rights of way, pole attachments, video program carriage, last mile data transport

Media and First Amendment

First Amendment, defamation, FOIA, copyright, DMCA, VPPA, TCPA

Litigation

Verizon v. XO Communications

Co-lead counsel defending XO against claims for payment under multiple interconnection agreements and tariffs, and prosecuting claims challenging Verizon's billing practices. (E.D. Va. 2015)

Defend broadband services provider against claims of breach of contract for service to planned community

Lead counsel defending claims that broadband service provider failed to make payments required under long term agreements for the delivery of video, Internet, and voice services to planned community. (2015, arbitration)

Defend broadband services provider against claims of breach of contract and federal preemption

Lead counsel defending claims that broadband services provider violated municipal contract and federal communications law through its compliance with new pro-competitive state video franchise laws. (E.D. Mich. 2010, 6th Cir. 2014)

Defend national ISP against claims for Internet access service fees

Lead counsel for national provider of broadband services against claims of cities seeking payment of local franchise fees on revenue received by the cable provider from its provision of broadband Internet access service. (2008-2010)

Competitive pricing litigation

Represented national provider of cable television, Internet, and telephone services defending claims of improper price competition and business torts in multi-forum litigation brought by competitor. (Cir. Ct., Wood Cnty, (W. Va.) 2007, S. Ct. (W. Va.) 2011, W. Va. PSC 2013)

Admitted to Practice

U.S. Supreme Court, 1991
District of Columbia, 1989
Virginia, 1987
U.S. Court of Appeals, D.C. Circuit, 1993
U.S. Court of Appeals, 2nd Circuit, 2005
U.S. Court of Appeals, 4th Circuit, 1987
U.S. Court of Appeals, 7th Circuit, 2003
U.S. District Court, District of Arizona, 1997
U.S. District Court, District of Columbia, 2010
U.S. District Court, Northern District of Illinois, 2002
U.S. District Court, District of Maryland, 2002
U.S. District Court, Eastern District of Michigan, 2008
U.S. District Court, Eastern District of Virginia, 1989
U.S. District Court, Western District of Virginia, 2006

Education

J.D., William & Mary School of Law, 1987
B.A., James Madison University, 1983, with honors

Memberships & Affiliations

- American Bar Association
- Federal Communications Bar Association

Professional Recognition

- Named one of the "Best Lawyers in America" in Communications Law by Best Lawyers, 2021-present
- Named to "Capital Pro Bono Honor Roll" by the D.C. Court of Appeals and the D.C. Superior Court, 2017-2020; High Honors 2017