Jonathan Marashlian

Jonathan Marashlian

Washington DC-Baltimore Area
14K followers 500+ connections

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I am a Managing Partner at The CommLaw Group, a full-service law firm that provides legal…

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Publications

  • Confusion, Uncertainty, and Fear: How the FCC’s Increased Reliance on Adjudication Is Harming Carriers, Competition, Consumers, and Investment

    Federal Communications Law Journal, Volume 68, Issue 2, August 2016

    In recent years, the FCC has increasingly relied on informal adjudications to craft industry-wide regulatory policies, arguably creating new regulations in the process. This trend is particularly noticeable in the context of the USF contribution duties imposed on both interstate and international communications service providers. By legislating through informal adjudication, the FCC created a litany of challenges for the industry it regulates, including increased uncertainty, fear, and a slew…

    In recent years, the FCC has increasingly relied on informal adjudications to craft industry-wide regulatory policies, arguably creating new regulations in the process. This trend is particularly noticeable in the context of the USF contribution duties imposed on both interstate and international communications service providers. By legislating through informal adjudication, the FCC created a litany of challenges for the industry it regulates, including increased uncertainty, fear, and a slew of competitive harms caused by inconsistent and shifting regulatory positions adopted in ad hoc adjudications. In addition, the courts, which should otherwise operate as a “check” on the scope of the FCC’s authority, have increasingly become ineffective by dismissing appeals of agency adjudicatory decisions having industry-wide impact on standing and procedural grounds. This has effectively given the FCC unbridled authority to utilize the informal adjudicatory process in a manner that leaves many regulated entities with little opportunity to participate in the process.

    This Article explores the phenomenon by tracing the slow, but steady erosion of the “contamination theory” from the Computer II decision to Pulver.com, Brand X, InterCall, WebEx, and beyond. Recognizing the broad discretion enjoyed by the FCC in deciding whether to develop USF contribution policies via rulemaking or adjudication, this Article culminates in the conclusion that the industry and consumers it serves would greatly benefit from shifting the FCC’s current predisposition towards adjudications in favor of increased use of the rulemaking process. Whether through increased judicial oversight or the implementation of new policymaking procedures, change is long overdue. A shift back to rulemaking or, minimally, opening the courtroom doors to a larger swath of aggrieved parties, would serve the public interest by promoting transparency, predictability, and participation in the regulatory process.

    Other authors
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  • Analyzing SIPs Role in Regulatory and Tax Structures

    Internet Telephony

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  • THE MIS-ADMINISTRATION AND MISADVENTURES OF THE UNIVERSAL SERVICE FUND: A STUDY IN THE IMPORTANCE OF THE ADMINISTRATIVE PROCEDURE ACT TO GOVERNMENT AGENCY RULEMAKING

    CommLaw Conspectus - Journal of Communications Law and Policy

    Confronted with the dilemma of either clarifying its existing rules to capture a broader audience of contributors and face accusations of "regulating the Internet"; or standing idle as the USF contribution base continued to shrink—the FCC responded only by authorizing increases to the USF contribution factor.

    In a classic "non-decision," the FCC found another "solution" to the dilemma. It found a way to avoid protests to expanding the enhanced communication services subject to USF…

    Confronted with the dilemma of either clarifying its existing rules to capture a broader audience of contributors and face accusations of "regulating the Internet"; or standing idle as the USF contribution base continued to shrink—the FCC responded only by authorizing increases to the USF contribution factor.

    In a classic "non-decision," the FCC found another "solution" to the dilemma. It found a way to avoid protests to expanding the enhanced communication services subject to USF while abating the shrinkage in the USF. It did so essentially by "passing the buck" to USAC. Without public notice or awareness and without legal authority, the Commission abandoned its congressionally-delegated authority to adopt, interpret, modify and enforce properly adopted rules, and allowed USAC to create and enforce substantive measures resulting in multiple violations of its own statute, as well as the Administrative Procedure Act ("APA"). Not only did the FCC’s clandestine delegation of substantive rulemaking and decision-making to USAC violate the APA; but so too did USAC’s implementations of that illegitimately delegated authority by its adopting, announcing and enforcing rules and decisions for which it had no legal authority.

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  • WHITE PAPER: VoIP Service Provider Compliance with Communications Taxes and Regulatory Fees

    The Commpliance Group

    The legal, regulatory and tax landscape applicable to VoIP
    communications services is uncertain, conflicted and changing rapidly.

    At the end of the day, regardless of the questionable nature of a particular governmental agency’s legal authority to impose tax or regulatory burdens on certain providers, what all too many companies are finding out is that what often times matters most is not what the law says, but what their telecom suppliers tell them they must do.

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  • Detariffing and the Death of the Filed Tariff Doctrine: De-Regulation in the "Self" Interest

    Federal Communications Law Journal, Volume 54

    This Article reviews the history of the FCC's detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC's view of detariffing orders impact on the Filed Tariff Doctrine. Notwithstanding the existence of the Doctrine for nearly a century, the FCC, through detariffing, has declared the Doctrine dead. This Article formally opposes the FCC's declaration and suggests that the FCC's motivations behind detariffing have failed to consider, much less…

    This Article reviews the history of the FCC's detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC's view of detariffing orders impact on the Filed Tariff Doctrine. Notwithstanding the existence of the Doctrine for nearly a century, the FCC, through detariffing, has declared the Doctrine dead. This Article formally opposes the FCC's declaration and suggests that the FCC's motivations behind detariffing have failed to consider, much less attempted to properly balance, the conflicting public interests involved. Comparing and contrasting the legal rights enjoyed by long-distance carriers under the Filed Tariff Doctrine to the rights and potential liabilities of carriers in its absence, this Article discusses the actions several states have taken immediately following the July 31, 2001 effective date of the FCC's mass-market detariffing order. The Article concludes that the FCC's action is a manifest injustice to both carriers and consumers alike, and is a prime example of irresponsible agency regulation.

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Projects

  • Virtual Law Firm Platform -- Job Announcement

    The CommLaw Group, recently recognized as one of the region's Premier Law Firms in The Wall Street Journal, is now accepting qualified candidates to staff its Virtual Law Firm platform.

    Our revolutionary platform creates the opportunity for solo practitioners and other experienced counsel (with portable books of business) to meet the demands of the radically transformed legal marketplace, deliver exceptional service and value to their clients, and grow their business -- all while…

    The CommLaw Group, recently recognized as one of the region's Premier Law Firms in The Wall Street Journal, is now accepting qualified candidates to staff its Virtual Law Firm platform.

    Our revolutionary platform creates the opportunity for solo practitioners and other experienced counsel (with portable books of business) to meet the demands of the radically transformed legal marketplace, deliver exceptional service and value to their clients, and grow their business -- all while retaining absolute control over their work-life balance and level of compensation.

    See project

Honors & Awards

  • 2024 Visionary Spotlight Award for Telecom Legal/Regulatory

    ChannelVision Magazine

    ChannelVision’s annual Visionary Spotlight Awards competition was created to highlight channel and service provider innovation in communications. The awards honor outstanding products, services, and deployments across numerous technology categories. Visionary Spotlight Award winners exemplify this goal, showcasing the communications industry’s overall innovation, capacity for future-thinking execution, creativity, and feature set differentiation; and offering channel partners a cornucopia of…

    ChannelVision’s annual Visionary Spotlight Awards competition was created to highlight channel and service provider innovation in communications. The awards honor outstanding products, services, and deployments across numerous technology categories. Visionary Spotlight Award winners exemplify this goal, showcasing the communications industry’s overall innovation, capacity for future-thinking execution, creativity, and feature set differentiation; and offering channel partners a cornucopia of opportunities to boost their roles as trusted providers.

  • Thomson Reuters Stand-out Lawyer - 2024

    Thomson Reuters

    Each year, Thomson Reuters surveys more than 2,000 senior legal buyers around the world in building its list of Stand-out Lawyers. Those recognized are noted for their ability to improve client satisfaction, increase client advocacy, grow share of wallet, strengthen brands, enhance people engagement, and increase profits per partner. Thomson Reuters’ Stand-out Lawyers database features more than 18,000 client-nominated, stand-out lawyers in private practice. Those included are identified as…

    Each year, Thomson Reuters surveys more than 2,000 senior legal buyers around the world in building its list of Stand-out Lawyers. Those recognized are noted for their ability to improve client satisfaction, increase client advocacy, grow share of wallet, strengthen brands, enhance people engagement, and increase profits per partner. Thomson Reuters’ Stand-out Lawyers database features more than 18,000 client-nominated, stand-out lawyers in private practice. Those included are identified as stand-outs by senior in-house counsel in large organizations. The database is entirely free from law firm influence.

  • Top Communications Attorney of the Year

    International Association of Top Professionals

    The International Association of Top Professionals (IAOTP) is an international boutique networking organization who handpicks the worlds finest, most prestigious top professionals from different industries.

  • Top 20 Most Promising Telecom Service/Consulting Firms

    CIO Review

  • Top 50 Attorneys of 2019

    The Top 100 Magazine

  • Expert Network Distinguished Professional

    The Expert Network

    http://expertnetwork.co/members/jonathan-s-marashlian/07d63a790ebe25b5

  • The Wall Street Journal -- Capital Region's Premier Law Firm

    The Wall Street Journal Supplement

    The August 3, 2015 edition of The Wall Street Journal highlighted the accomplishments of fifteen of the DC area's leading law firms. Among them is industry veteran and legal expert Jonathan Marashlian with Marashlian & Donahue, LLC. Marashlian caught the attention of the publishers of Capital Region's Premier Lawyers because of his extensive experience in the legal industry, over 17 years, and his reputation for excellence in the area of telecommunications and information technology…

    The August 3, 2015 edition of The Wall Street Journal highlighted the accomplishments of fifteen of the DC area's leading law firms. Among them is industry veteran and legal expert Jonathan Marashlian with Marashlian & Donahue, LLC. Marashlian caught the attention of the publishers of Capital Region's Premier Lawyers because of his extensive experience in the legal industry, over 17 years, and his reputation for excellence in the area of telecommunications and information technology law.

    https://files.commtracks.com/resources/WALL_STREET_JOURNAL_PREMIER_LAWYER_SUP_.PDF

  • Client Choice Award - Telecommunications - USA and Canada

    Lexology-International Law Office

    Consecutive year winner of Client Choice Award - http://www.clientchoice.com/

  • Customer Service Law Firm of the Year

    Lawyer's World Magazine

  • Customer Service Law Firm of the Year

    InterContinental Finance

  • Best Communications Law Firm in the U.S.

    ACQ Law Awards

    Since 2008, the ACQ LAW Awards have been celebrating achievement, innovation and brilliance in their annual awards. Anybody can make that claim, but ACQ really is different. We boast a legitimately independent nomination process, most importantly, our award winners, are chosen by the industry itself.

    Every year, we seek their assistance in recognising industry leaders, eminent individuals, exemplary teams and distinguished firms, which we believe represent the benchmark of achievement…

    Since 2008, the ACQ LAW Awards have been celebrating achievement, innovation and brilliance in their annual awards. Anybody can make that claim, but ACQ really is different. We boast a legitimately independent nomination process, most importantly, our award winners, are chosen by the industry itself.

    Every year, we seek their assistance in recognising industry leaders, eminent individuals, exemplary teams and distinguished firms, which we believe represent the benchmark of achievement and best practice in a variety of fields – and every year, we turn to our readers to help as we strive to recognise an ever-widening spectrum of services, markets, industries and organisations that the legal fraternity serve.

    ACQ Law Awards’ Objective: To gather quantitative and qualitative information from and about the legal sector to be able to give a set of “Best of” awards.

    The legal marketplace is changing quickly, with greater external pressure and competition, so ACQ is keen to see if firms are showing any signs of complacency. Merger activity remains high and alliances continue to be announced bringing together skills and a wider geographical presence that can only benefit service provision.

    The poll was not only designed to reflect actual performance in any particular area of expertise, it was also aimed to reflect direct market share based on a number of criteria and voters were encouraged to base their decisions on addressing expertise, responsiveness, understanding of a business and its needs, cost-effectiveness, civility, customer service, reliability, experience and knowledge, integrity, firm capabilities, transaction performance and even law firms they’ve worked with on other matters and within practice areas beyond those they were asked to comment on. In that sense, this poll should be considered a reflection of how professionals view any legal practice, individual or related sector supplier in terms of overall quality of service.

  • AV Preeminent Rated by Martindale-Hubbell (4.9/5.0)

    Martindale-Hubbell

    AV Preeminent® is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence.

  • Preeminent Client Rating (5.0/5.0)

    Martindale-Hubbell

  • Customer Service Law Firm of the Year - United States

    ACQ Global Awards

    Since 2005, the ACQ Global Awards have been celebrating achievement, innovation and brilliance in their annual awards. Every year, ACQ seeks its readership's assistance in recognizing industry leaders, eminent individuals, exemplary teams and distinguished firms, which it believes represent the benchmark of achievement and best practice in a variety of fields.

    Exceptional individuals, teams and firms across the marketplace represent the very best in their field from around the world and…

    Since 2005, the ACQ Global Awards have been celebrating achievement, innovation and brilliance in their annual awards. Every year, ACQ seeks its readership's assistance in recognizing industry leaders, eminent individuals, exemplary teams and distinguished firms, which it believes represent the benchmark of achievement and best practice in a variety of fields.

    Exceptional individuals, teams and firms across the marketplace represent the very best in their field from around the world and truly deserve the accolade of being an ACQ Award winner.” said Jake Robson, Editor in Chief of ACQ. “All category winners are in effect, a brand. In one sense, perhaps the most important sense, a brand is a promise. You know what you’re going to get with a well-branded product or service. It takes a lot of time, money and very hard work to build and maintain great brands, brands that can speak volumes in just a few syllables. It’s shorthand for what you are.

    All category winners in the ACQ Global Awards 2013 represent this ethos and this year, our dedicated subscribers have once again recognized the genuine leaders in the market. The quality of this year's entries is astonishingly high and a testament to the fact that the profession continues to innovate and deliver high-quality services even in economically challenging times”

  • Client Choice Award - Telecommunications - Overall Winner for United States

    Lexology-International Law Office

    Our research begins with a readership survey of International Law Office and Lexology in-house counsel subscribers. Clients are asked to rate individual lawyers and law firms on the following client service criteria: quality of legal advice, value for money, commercial awareness, effective communication, billing transparency, tailored fee structures, response time, sharing of expertise and use of technology.

    http://www.clientchoiceawards.com/digitaled/CCGINT/2013/edition.htm

  • Client Choice Award - Telecommunications - USA and Canada

    Lexology-International Law Office

    Established in 2005, the Client Choice Awards recognize those law firms and partners around the world that stand apart for the excellent client care they provide and the quality of their service. The criteria for the awards focus on an ability to add real value to clients' business above and beyond the other players in the market. Uniquely, law firms and partners can only be nominated for these awards by corporate counsel.

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