Eduardo R. Guzmán

eduardo.guzman dbr.com
Phone: (202) 354-1373
Fax: (202) 842-8465

About

Eduardo R. Guzmán represents telecommunications, media and technology (TMT) companies on regulatory and dispute resolution issues in the United States and Latin America. He regularly helps telecommunications carriers navigate and adapt to a changing regulatory landscape on matters such as traditional common carrier regulation, the transition to IP-networks, interconnection, the regulation of broadband internet service, and the FCC’s recent expansion into consumer privacy. He also partners with companies across several industries to develop internal programs and policies for compliance with federal laws regulating telemarketing and other communications with customers, including the Telephone Consumer Protection Act (TCPA) and similar statutes and regulations at the state level.

Eduardo also dedicates a significant part of his practice to representing TMT companies in administrative proceedings, litigation matters, and dispute resolution proceedings. He has particular experience litigating complex jurisdictional and regulatory issues before regulatory agencies at the state level, federal district courts, and federal appellate courts, and has represented clients in domestic and international arbitration proceedings before the American Arbitration Association (AAA), the International Centre for Dispute Resolution (ICDR), and the International Centre for the Settlement of Investment Disputes (ICSID).

Eduardo has particular experience in the Caribbean, having represented telecommunications carriers in Puerto Rico in regulatory, litigation, and dispute resolution matters for more than a decade. With the recent changes in U.S. policy towards Cuba, he has published articles and is frequently invited to speak on the Cuban telecommunications sector, the history of foreign investment in that sector, and the risks and opportunities for U.S. investors looking at Cuba.

Eduardo serves as a member of the firm’s Diversity and Inclusion Committee.

Experience

  • Negotiates complex agreements related to the interconnection of telephone and internet networks.
  • Represents carriers in disputes arising under tariffs, interconnection agreements, and commercial agreements.
  • Counsels carriers on interpreting and complying with the federal and state rules regulating landline and mobile telecommunications services and broadband internet services, particularly the FCC’s Open Internet rules, common carrier regulations, universal service regulations, and rate regulations.
  • Lead trial counsel on behalf of incumbent local exchange carrier in first interconnection arbitration proceeding before the Telecommunications Regulatory Board of Puerto Rico involving an incumbent cable television service provider.
  • Lead trial counsel in administrative proceedings before the Telecommunications Regulatory Board of Puerto Rico that led to concession of first franchise for the offering of IP-based video service in Puerto Rico.
  • Counsels national retailers, telecommunications providers, insurance companies, financial institutions and media companies on compliance with federal and state rules regulating outbound communications with customers, including the TCPA, the Telemarketing Sales Rules (TSR), the CAN-SPAM Act and the Fair Debt Collection Practices Act (FDCPA).
  • Conducts compliance audits, reviews internal policies and practices and makes practical recommendations to clients aimed at reducing exposure and potential liability.
  • Counsels telecommunications carriers on compliance with Customer Proprietary Network Information (CPNI) rules and the FCC’s new privacy framework for broadband internet service providers.
  • Counsels and represents the interest of private corporations and industry groups in matters before administrative agencies and other government entities in Puerto Rico, and advises on legal, business, regulatory and political issues in connection with their plans to establish new operations in Puerto Rico and/or their existing operations in Puerto Rico.
  • Advises U.S. companies interested in the Cuban market and works with Cuban practitioners to guide them in the process of exploring doing business in Cuba.
  • Lead counsel for Puerto Rico telecommunications carrier in arbitration proceedings before the International Centre for Dispute Resolution.
  • Advises companies involved in cross-border transactions on how to use international arbitration clauses as tools to manage political risk and secure an impartial forum in the event that dispute resolution becomes necessary.
  • Inceysa Vallisoletana S.L. v. República de El Salvador, ICSID Case No. ARB/03/26: One of four attorneys for the Republic of El Salvador in an international arbitration proceeding before the International Centre for Settlement of Investment Disputes (“ICSID”) filed by a Spanish company. Obtained a dismissal of this case on jurisdictional grounds based because the investment had been procured through fraud.
  • As a native speaker of Spanish, he represents companies in arbitration proceedings being conducted entirely or partly in Spanish and/or requiring conducting significant due diligence and discovery in Latin America.
  • Puerto Rico Telephone Co. v. Telecommunications Regulatory Board of P.R., Case No. 11-1152, 11-1202 (Mar. 31, 2014): Denying competitive local exchange carrier’s request for judicial review of certain determinations by the state regulatory agency, including those related to the rates for unbundled network elements, and granting in part cross-request for judicial review.
  • San Juan Cable LLC v. Telecommunications Regulatory Board of P.R., 2012 WL 359464 (D.P.R. 2012): Lead counsel in defense of complaint filed by incumbent cable television companies challenging concession of the first IPTV franchise in Puerto Rico. Obtained dismissal on jurisdictional and abstention grounds.
  • San Juan Cable LLC v. Junta Reglamentadora de Telecomunicaciones, No. KLRA201200536 (P.R. Ct. App. Aug. 30, 2012): Co-counsel for the appellee in appeal by incumbent cable television service provider of administrative agency's denial of motion to set aside concession of IPTV franchise. Obtained dismissal of appeal.
  • San Juan Cable LLC v. Junta Reglamentadora de Telecomunicaciones, No. KLRA201200536 (P.R. Ct. App. Aug. 30, 2012): Co-counsel for the appellee in appeal by incumbent cable television service provider of administrative agency's denial of motion to set aside concession of IPTV franchise. Obtained dismissal of appeal.
  • Centennial Puerto Rico License Corp. v. Telecommunications Regulatory Board of P.R., 634 F.3d 17 (1st Cir. 2011): Lead counsel in appeal of administrative agency decisions in interconnection arbitration proceeding. Obtained reversal of district court’s decision that failing to enumerate VoIP traffic in interconnection agreement was arbitrary and capricious.
  • San Juan Cable LLC v. Puerto Rico Telephone Co., 623 F. Supp. 2d 189 (D.P.R. 2009): Lead counsel in defense of complaint by incumbent cable television company seeking to enjoin construction activities by Puerto Rico telecommunications carrier aimed at upgrading its telephone network to provide a variety of telecommunications and non-telecommunications services. Obtained dismissal for lack of standing under the Communications Act.
  • Puerto Rico Telephone Co. v. Junta Reglamentadora de Telecomunicaciones, KLRA200900260 (P.R. Ct. App. March 31, 2009): Lead counsel for the appellee and one of two attorneys who handled rare oral arguments before the Puerto Rico Court of Appeals. Appeal sought to vacate order by administrative agency denying incumbent cable television service provider’s attempt to intervene in proceeding for concession of IPTV franchise to a competitor telecommunications carrier. Obtained denial of appeal.

Recognitions

Chambers Global Foreign Expert Based in the United States, Dispute Resolution in Puerto Rico (2014)
Chambers Global Foreign Expert for Puerto Rico, Litigation in the United States (2014)
Law360
Telecommunications Rising Stars (2016)

Awards Methodology (www.drinkerbiddle.com/content/awards)

If you are serious about the question of telephone regulation between the United States and Cuba, you need to follow the writing of Eduardo Guzman.

Professor Larry Press, California State University, The Internet in Cuba

Testified before the International Trade Commission as part of Investigation No. 332-552: Overview of Cuban Imports of Goods and Services and Effects of U.S. Restrictions

Credentials

Bar Admissions

  • District of Columbia
  • New York
  • Puerto Rico

Education

  • University of Pennsylvania Law School, J.D., 2002
  • Georgetown University, B.S., Edmund A. Walsh School of Foreign Service, 1999

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals, First Circuit
  • U.S. District Court, District of Puerto Rico

Organizations

  • Federal Communications Bar Association
  • Hispanic National Bar Association
  • International Bar Association, Latin America Forum and Arbitration Committee 
  • Puerto Rico Federal Bar Association