Kristin Berkland

Kristin’s unique and extensive telecommunications experience allows her to offer unparalleled federal universal service, telecommunications licensing and regulatory, and enforcement counsel to her clients.

Kristin Berkland, a Partner with Bradley Berkland Hagen & Herbst, LLC, focuses her practice on federal telecommunications matters with a particular emphasis on federal universal service and domestic and international Section 214 authorizations.  In her telecommunications practice, Kristin helps telecommunications companies comply with federal licensing, privacy, environmental, and other regulatory requirements. Kristin assists telecommunications companies with the identification and use of protected customer information in compliance with the telecommunications laws. Kristin analyzes new telecommunications product offerings and determines the potential impact of the telecommunications laws on such product offerings.

Kristin uses her prior experience as an Assistant General Counsel with the Universal Service Administrative Company (USAC) to help telecommunications providers understand and comply with their FCC-mandated federal universal service reporting and contribution requirements. Kristin also helps federal universal service beneficiaries navigate the High Cost, E-Rate, and Lifeline programs. Kristin specializes in shepherding federal universal service contributors and beneficiaries through the complex federal universal service audit processes. Kristin’s expertise allows her to help federal universal service contributors come into compliance with their regulatory filing requirements while minimizing potential sanctions. Kristin has helped federal universal service contributors and beneficiaries negotiate compliance plans and settlement agreements with the Department of Justice, FCC, and USAC.

Kristin has experience handling complex federal Telephone Consumer Protection Act (TCPA) regulatory compliance matters.  This experience includes advising major financial institutions on TCPA compliance issues related to authentication and customer verification services, counseling an electric cooperative and its members on TCPA requirements related to informational and telemarketing calls, and regularly reviewing and providing advice regarding the applicability of the TCPA to new and emerging products and services.

Kristin helps domestic and foreign telecommunications companies navigate the complex Section 214 authorization process.  Kristin regularly files applications for domestic and international transfers of control, as well as requests for Special Temporary Authority (STA).  Kristin is particularly adept at the Team Telecom review process, and has extensive experience preparing responses to the Team Telecom triage questionnaire.

Kristin has considerable rate case experience and state regulatory experience, including regular appearances before the Minnesota Public Utilities Commission and Wisconsin Public Service Commission. Kristin is familiar with the various aspects of telecommunications and energy utility regulation and regularly advises clients on regulatory compliance. Kristin uses her knowledge of the utility regulation process to assist clients with various state telecommunications and energy regulatory filings.

Publications

  • FCC Enters into First Consent Decree with a Cable Operator Over Privacy Breach, November 9, 2015
  • efaxers Beware! FCC Finds efaxes Subject to Consumer Protections of TCPA and JFPA, September 4, 2015
  • FCC Open Internet Advisory Procedures – Possibilities and Potential Pitfalls, July 2, 2015
  • Companies at New Risk from Tighter FCC Robocall Regulations, June 19, 2015
  • Six Important Things for Telecommunications Providers to Know When Filing the 2015 FCC Form 499-A, March 12, 2015
  • Lower Burden for Wholesalers to Prove Revenue from Resellers, July 29, 2014
  • Dorsey Associate Kristin Berkland Remarks on Barash’s Departure from USAC in Broadbandandbreakfast.com, February 10, 2014
  • FCC Releases 2014 FCC Forms 499-A and 499-Q and Accompanying Instructions, February 4, 2014
  • FCC Sets Comment Deadlines for Notice of Proposed Rulemaking on Environmental and Historic Review Processes for Small Cell and Distributed Antenna Systems, January 15, 2014

Education

  • Catholic University of America, Columbus School of Law (J.D., 2005), magna cum laude; Journal of Contemporary Health Law and Policy
  • University of North Carolina at Chapel Hill (B.A., International Studies, 1998), Honors Graduate

Admissions

  • Minnesota
  • Maryland
  • District of Columbia

Representative Matters

Telecommunications

  • Represented a major school district in an FCC enforcement investigation. As part of the investigation, negotiated a consent decree and settlement agreement with the DOJ, FCC, and Universal Administrative Company (USAC), while mitigating sanctions for alleged E-Rate program violations.
  • Represented major school districts in and guided multiple telecommunications companies through FCC Office of Inspector General (FCC OIG), and USAC Beneficiary and Contributor Audit Process and Payment Quality Assurance audits.
  • Helped multiple telecommunications companies come into compliance with their federal universal service reporting and contribution requirements, including back-filing past due FCC Forms 499, while minimizing potential sanctions.
  • Assisted multiple telecommunications companies complete and file their annual and quarterly FCC Forms 499.
  • Assisted domestic and foreign companies with the domestic and international Section 214 authorization process, including helping them navigate the complex Team Telecom review process.
  • Member of a team that represented a major telecommunications company in a complex proceeding before the Minnesota Public Utilities Commission seeking the transfer of assets and customers, and certification to operate as a CLEC in the state of Minnesota.
  • Member of a team that represented a major telecommunications company in a complex proceeding before the Wisconsin Public Service Commission seeking authorization to provide competitive telecommunications services throughout the state of Wisconsin.
  • Provided counsel to a start-up data services company regarding the applicability of the Communications Assistance for Law Enforcement Act (CALEA) to the cloud.
  • Worked with a mobile authentication and verification company to collect, synthesize, and utilize consumer information obtained from third party mobile network operators and data collectors to ensure compliance with telecommunications regulatory and privacy laws.
  • Defended a major telecommunications company in a Minnesota Data Practices Act request and secured protection for its confidential and trade secret data.
  • Assisted well known Minnesota health clinic prepare and file its FCC Form 320 flyover study.

 Energy

  • Represented a natural gas corporation in complex rate case proceeding before the Minnesota Public Utilities Commission.
  • Represented a large corporation in a rate increase complaint proceeding before the Iowa Utilities Board.
  • Assisted an energy cooperative with identification of various final regulatory approval standards for use as milestones in complex energy contract negotiations.

Professional & Civic

  • Minnesota State Bar Association, Council Member, Communications (Section 2016)
  • Minnesota State Bar Association, Secretary, Communications Section (2015)
  • MSBA North Star Lawyer (2014)

Ratings and Reviews