Communications Litigation Today was a service of Warren Communications News.

POWELL NAMES FERREE AS CABLE BUREAU CHIEF TO REPLACE LATHEN

Making his first bureau chief appointment, FCC Chmn. Powell named Washington telecom attorney Kenneth Ferree as head of Cable Bureau, replacing departing chief Deborah Lathen (CD May 10 p8). Powell announced Thurs. that Ferree, partner in Goldberg, Godles, Wiener & Wright and adjunct law prof. at Georgetown U. Law Center, would take over post May 21, right after Lathen left. Move comes as industry observers speculate that Commission may combine cable, broadcasting and satellite TV regulation in one overall TV bureau, instead of current split of responsibilities among 3 separate bureaus.

Ferree, 40, attended Georgetown Law with Powell, graduating year ahead of chmn. Both also clerked for U.S. Appeals Court, D.C., Chief Judge Harry Edwards, also one year apart. “We've remained in touch ever since then,” said Ferree, who earlier earned MBA from San Jose State U. and B.A. in English from Dartmouth College. “I know him well.”

In brief phone interview after announcement, Ferree told us he had represented clients before every bureau, including Cable Bureau. He said he had worked on regulatory issues for both franchised cable operators and “new entities,” including private cable operators and electric utilities. Most notably, he represented TXU Electric in controversial pole attachment case now heading to U.S. Supreme Court. In that case, TXU and other utilities have won rulings in 2 lower courts that overturned FCC’s authority to regulate pole attachment rates for cable-delivered and wireless Internet service. “I'm not a full-time cable lawyer by any means,” Ferree said.

Calling himself “extremely delighted that someone with the depth of understanding of telecommunications issues as Ken Ferree is willing to join our team at the FCC,” Powell said Ferree “has had a remarkable breadth of experience with the many issues and industries that will be facing the Cable Services Bureau and the Commission. He will be a valuable asset at the FCC as we grapple with complex issues, such as convergence, digital conversion, open access and many others, in the months and years ahead.”

Ferree, who also will inherit Lathen’s oversight of digital cable must-carry rulemaking, interactive TV inquiry, DBS must- carry rules and program access mandates, said he was familiar with many cable issues from his private practice. But he declined to spell out his priorities for Cable Bureau before assuming office. “I want to get myself settled and see the lay of the land,” he said. “I've got to sort of figure out where everything is at this point.”

Sources said Ferree may wind up in charge of much bigger TV division if smallish Cable Bureau, which now has fewer than 100 staffers, is recombined with Mass Media Bureau and satellite unit of International Bureau, as has been suggested. Powell has supported idea as part of broader reorganization of FCC. Cable Bureau spokeswoman declined comment Thurs. on possible reorganization.

Lathen, who announced her resignation Wed., was out of office Thurs. and couldn’t be reached for comment. “Deborah Lathen has done a first-rate job,” NCTA spokesman said. “We wish her well.” He said group also “looked forward to working” with Ferree. American Cable Assn. and NAB declined comment on Ferree’s appointment.