KennethRCarter
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Biographical Sketch


Kenneth Carter is Senior Consultant at WIK-Consult GmbH, located in Bad Honnef, Germany. Mr. Carter advises both private and public clients on matters concerning economics, business strategy, and regulatory policy for network industries.  As a lawyer-turned-MBA, his work has sought to apply the principles and tools of Management Science to the process of regulation and rulemaking.  WIK-Consult GmbH is the for-profit consulting arm of the Wissenschaftliches Institut für Infrastruktur und Kommunikationsdienste (Scientific Institute for Infrastructure and Communication Services) which has become Germany's leading research and advisory institute for communication services.

Previously, Mr. Carter was Senior Counsel for Business and Economics in the Office of Strategic Planning and Policy Analysis (OSP) at the Federal Communications Commission (FCC). OSP, in concert with the Chairman, Commissioners, Bureaus, and other Offices, works to develop a strategic plan identifying short- and long-term policy objectives for the Commission. OSP is responsible for monitoring the state of the communications industry to identify trends, emerging issues, and overall industry health. Mr. Carter served as an internal consultant to the Commission, focusing on three major areas: industry intelligence, agency planning, and spectrum policy. His role was to provide financial, business, and market analysis to assist the Commission in understanding the future implications of current issues, particularly those which cross traditional industry and institutional boundaries. He is a coauthor of the widely-cited OSP Working Paper #39, Unlicensed and Unshackled.  At the FCC, he also served on several working groups, including the IT Steering Committee, and was the Legal Co-Chair of Research and Development Subcommittee of the Spectrum PolicyTask Force. Mr. Carter serves as the Vice Chairman of the Program Committeeof the Thirty Fourth and Thirty Fifth Annual Telecommunications Policy Research Conferences (TPRC).

Prior to joining the FCC in the fall of 2002, Mr. Carter was Deputy Director of the Columbia Institute for Tele-Information (CITI) at Columbia University, the leading academic research institute focusing on telecommunications economics and policy and an Alfred P. Sloan Foundation center. The Institute is closely monitored as a barometer for emerging trends within the industry. Mr. Carter served as the Institute's liaison to corporations, policy-makers, and the press in the U.S., Europe, and Asia, providing analysis on topical issues. At CITI, he managed CITI’s various research projects, including the development of the first web-based graduate-level distance education course for business students. He was a Director of the Virtual Institute of Information, CITI’s on-line research platform, and was also responsible for the coordination of the MBA concentration in the Management of Entertainment, Communications, and Media at Columbia Business School. He was appointed Associate Director of CITI in June 1998 after having been a legal research assistant as a law student.

Mr. Carter has worked for the Federal Trade Commission on such issues as the FTC's jurisdiction over resellers of prepaid telecommunication services and the deceptive advertising of tariff rates. He began his career in media and communications, having worked for MTV Networks, Island Records, and the international television syndication firm, D.L. Taffner.

Mr. Carter earned an Executive MBA from Columbia Business School (Dean's List) while working full-time as the Deputy Director of CITI. Mr. Carter received his JD from the Benjamin N. Cardozo School of Law. While in law school, he was a member of the Cardozo Arts Entertainment Law Journal and President of the Cardozo Asian and Pacific Law Students Association. Mr. Carter was awarded an Alexander Judicial Fellowship, serving as a full-time junior clerk in the chambers of Hon. John C. Lifland, U.S.D.J. He was graduated from Colgate University with a BA in Economics and East Asian Studies after studying abroad in England and Japan. Mr. Carter grew up in New York, where he attended Horace Mann School.

Mr. Carter is an avid scuba diver and has a certification of Divemaster. He is proficient in Japanese and studies Japanese archery, called “Kyudo”. Mr. Carter lives in Bonn, Germany with his wife, Elizabeth, and their son, Jaydon.


Professional Experience

WIK-Consult GmbH, Bad Honnef, Germany
Senior Consultant, April 2007 - Present
The Wissenschaftliches Institut für Infrastruktur und Kommunikationsdienste (Scientific Institute for Infrastructure and Communication Services) is Germany's leading research and advisory organization for communication services. Advise both private and public clients on matters concerning economics, business strategy, and regulatory policy for network industries. Areas of specialization include:
  • Network carrier business strategies
  • Network interconnection (including PSTN, NGN, and Internet)
  • Next-generation spectrum policy
  • Regulation under convergence
  • International comparative markets analysis (Europe, Japan, and the U.S.)
  • International comparative legal and regulatory analysis (Europe, Japan, and the U.S.)
Federal Communications Commission, Office of Strategic Planning,Washington, DC
Senior Counsel for Business and Economics, (promoted to Senior Counsel) September 2002 - April 2007
The Office, in concert with the Chairman, Commissioners, Bureaus, and other Offices, works to develop a strategic plan identifying short- and long-term policy objectives.

Spectrum Policy
  • Co-authored Unlicensed and Unshackled, a comprehensive white paper on the technology, value chain, and regulatory issues of Part 15 unlicensed wireless devices. This publication assists FCC policy development and is widely cited in FCC Reports and Orders, as well as in the trade and popular press, academic periodicals, equity research, and by other nation’s telecommunications regulators.
  • Conducted a first of its kind legal analysis of how the assignment of spectrum usage rights determines the wireless Personal Communications Service (PCS) market structure.
  • Conducted a policy analysis of the potential licensing regimes for the emerging WiMAX (IEEE 802.16) wireless networking standard.
Financial Analysis
  • Built a comprehensive financial model and business plan of a hypothetical competitive local exchange carrier (CLEC), projecting: capital/operational expenditures; retail revenues; interconnection costs/revenues; network scale; and entry/exit decisions to derive a net present value.  This model tested the effects of alternative policies on the business case and valuation.
  • Formulated a statistical benchmarking study using a linear programming model to make international comparisons of telecommunications carriers’ productivity.
  • Conducted periodic analysis of financial statements of selected communications companies to determine overall industry health.
Market Analysis
  • Analyzed differing business case options for municipal broadband networks and formulated recommendations for national policy best practices.
  • Conducted market research for: Annual Commercial Mobile Radio Service (CMRS) Competition Reports; quarterly Internet Statistics Factbook; quarterly Telecom Financial Weather Report; FCC Rural Wireless Internet Service Provider (WISP) Showcase and Workshop; VoIP Forum; Wireless Broadband Access Task Force; U.S. broadband Internet adoption studies; and senior staff speeches and presentations.
  • Authored biweekly columns on emerging technologies and business trends to anticipate disruptive technologies which may impact future Commission decision making.
Homeland Security
  • Served as a key member on the FCC's Hurricane Katrina relief team. Designed and implemented a system to collect data concerning status national communications networks to be included in situational awareness reports for the FCC Chairman, FCC Director of the Office of Homeland Security, and Whitehouse Office of Science and Telecommunications Policy.
  • Served as OSP member on the FCC's Continuity of Operations Crisis Team.
Columbia Institute for Tele-Information, Columbia Business School, New York, NY
Deputy Director, (promoted from Associate Director) June 1998 – August 2002
The Columbia Institute for Tele-Information (CITI) is a university-based research center focusing on economic, strategy, management, and policy issues in telecommunications, computing, and electronic mass media industries.
  • Responsible for all aspects of operations and development, including implementing a $1.2 million grant from the Alfred P. Sloan Foundation. Managed a staff of 20+ full-time and part-time employees and oversaw annual budget in excess of $600,000.
  • Developed and maintained corporate sponsorships with over 60 companies in 13 countries. Designed collaborative research projects which brought in more than 10 new corporate affiliates. Organized annual road show to Japan.
  • Designed, managed, and produced more than 35 forward-looking studies and conference events examining fundamental changes in policy, economics, and technology.  Selected projects include:
- The Broadband Economy and Emerging Markets in Bandwidth
- Mass Media Content for Mobile Wireless Communications
- Television Over the Internet
- The Telecommunications Industry and Financial Markets
- Resilience of Communications Networks in Times of Disaster
  • Completed a strategic planning analysis for a major equipment manufacturer, identifying market indicators for executives to make near-term tactical decisions.
  • Published a case study examining NTT DoCoMo’s business venture into the U.S. telecommunications market, analyzing the transferability of competitive advantages and choice of strategic partner and assessing its strategic options.
  • Developed the first web-based course for MBA graduate students in communications and media management.
  • Improved productivity and reduced data loss through multi-year technology upgrade initiative.
  • Served as legal counsel for intellectual property, contract, and employment law.
Federal Trade Commission, New York, NY
Legal Intern, Summer 1997
Wrote legal memoranda on the FTC's jurisdiction over vendors of prepaid telephone calling cards and obtained a preliminary injunction. Wrote and presented a legal memorandum advising FTC attorneys of the Fed. R. Evid. 702 standards to admit scientific evidence under Daubert v. Dow Merrell Pharmaceuticals.

Honorable John C. Lifland, U.S. District Court for the District of New Jersey
Alexander Judicial Fellow, Spring 1997
Competitively selected by a faculty committee to serve as a full-time junior clerk in a federal judge's chambers for academic credit. Researched and wrote memoranda and draft opinions on a broad range of civil legal issues. Assisted Judge in matters before the Court.

Island Records, Inc., New York, NY
Law Clerk, Summer 1996
Performed due diligence to determine Island’s copyrights and contractual obligations affecting business transactions. Created deal memoranda abstracting recording contracts.

DLT Entertainment, Ltd., New York, NY
Sales and Research Assistant, 1993 - 1995
Created contracts and sales reports for international and domestic television program sales. Evaluated business requirements and implemented software to catalogue program titles for license. Tracked performance of syndicated television programs in Nielsen metered markets.

Allegiance Group, New York, NY
Computer Consultant to MTV Networks, 1992 - 1993
Served as liaison between IS and accounting departments for the analysis and development of software for accounts payable, needed to accommodate rapid growth in MTV's business.

Education

Columbia Business School, New York, NY
Executive M.B.A., August 2002.
Honors:    Dean's List

Benjamin N. Cardozo School of Law, New York, NY
J.D., January 1998. Accelerated Entry
Honors:    Arts & Entertainment Law Journal
                Alexander Judicial Fellow

Colgate University, Hamilton, NY
B.A., May 1992.
Concentrations:     Economics and Asian Studies - Japan
Honors:                 Colgate University London Economics Study Group, Fall 1991
                              Religious Heritage of Japan Study Group, Summer 1991
                              College Semester Abroad, Tokyo, Spring 1991

Bar Admission

Supreme Court of the United States (April 24, 2006).

District of Columbia (September 11, 2000).

New York State, First Department (October 26, 1998).

Professional Associations

Federal Communications Bar Association

New York Bar Association

Japan-America Society of Washington, DC

American Radio Relay League, Inc.

Publications

Kenneth R. Carter and William Lehr, eds., Conference Proceedings of the Thirty Fifth  Annual Telecommunications Policy Research Conference (forthcoming, 2007).

Kenneth R. Carter, Policy Lessons from Personal Communications Services: Licensed vs. Unlicensed Spectrum Access, 15 CommLaw Conspectus 93 (2007).

Kenneth R. Carter, Technical Note: WiMax Licensing Regimes (June 2005).
 
Kenneth R. Carter, Searching for Kenneth R. Carter, Cacti Times, 35th Infantry Regiment Associations (Spring 2005).

Kenneth R. Carter, Policy Lessons from Personal Communications Services: A Hohfeldian Analysis of Licensed vs. Unlicensed Spectrum Access, Telecommunications Policy Research Conference (October 2004).

Kenneth R. Carter, 3G or Not 3G: Building the Wi-Fi Walled Garden, in Mass Media Content for Mobile Wireless (V. Feldmann, et al, eds. 2005).

Kenneth R. Carter, et al., White Paper on Unlicensed Devices and Their Regulatory Issues, Translation into Japanese, Overseas Telecommunications Journal, Research Institute of Telecommunication Economics, Japan (RITE) (Spring 2003).

Kenneth R. Carter, Some Thoughts on Intellectual Property and Internet TV Syndication, in TV Over the Internet: Implications for Infrastructure, Content, Policy and Strategy (D. Gerbarg, ed. 2003).

Kenneth R. Carter, et al., Unlicensed and Unshackled: A Joint OSP-OET White Paper on Unlicensed Devices and Their Regulatory Issues, FCC OSP Working Paper Series   (Citations and Filed Comments) (May 2003).

Kenneth R. Carter, et al., NTT DoCoMo, USA: Can It Bring the Wireless Internet to America?, Chazen Web J. of Intl. Bus., Issue II (April 15, 2003).

Kenneth R. Carter, et al., Spectrum Licenses as Sunk Costs: A Critique of an FCC Working Paper, CITI Working Paper Series (May 2001).

Kenneth R. Carter, Spectrum Licenses as Long-Lived Assets, CITI Working Paper Series (April 2001).

Production Manager, Eli M. Noam, Interconnecting the Network of Networks (MIT Press, 2001).

Kenneth R. Carter and Ivana Kriznic, Internet Services and New Regulations in Argentina, 8 Latin Am. Law & Bus. Rep. 2 (August 2000) (cited in Luz E. Nagle, E-Commerce in Latin America: Legal and Business Challenges for Developing Enterprise, 50 Am. Univ. L. Rev. 859, at 888 (October 2001)).
 
Production Manager, Eli M. Noam, Ownership and Concentration in the U.S. Communications Industry (forthcoming).

Kenneth R. Carter, Admission by Party Proponent: Polygraph Evidence under the Federal Rules of Evidence and the Fifth Amendment, 71 pages (1997) (unpublished, on file with the author).

Kenneth R. Carter, The Virtual Article of Manufacture: The Design Patentability of Computer-Generated Icons, 55 pages (1996) (CITI Working Paper 919).

 

Conferences

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GPON Deployment Forum, Presenter, IIR Telecoms, Amsterdam, Netherlands (December 3-6, 2007).

Network Neutrality: Implications for Europe, Organizer, WIK, Bonn, Germany (December 3-4, 2007).

DigiWorld Summit, Transaltantic Forum, Net Neutrality vs. separation, Presenter, IDATE, Montepellier, France (November 14-15, 2007).

Plenary Panel: Technology Roadmap: Wi-Fi, WiMAX, and Cellular Networks, North America W2i Digital Cities Convention (East), Wireless Internet Institute, Philadelphia, PA (December 5-6, 2006).
<>Annual CITI-Nippon Keidanren Research Conference, Panelist, Tokyo, Japan, (closed door, September 21, 2006).

Telecommunications Policy Research Conference, Program Committee Vice Chair and Presenter, Washington, DC (September 29 - October 1, 2006).

Telecommunications Policy Research Conference, Program Committee Member, Washington, DC (September 23-25, 2005).

FCC Policy Issues, Camp NARUC 2005, Michigan State University, Lansing, MI (August 10, 2005).

Broadband Wireless: WiMax Licensing Regimes and Municipal Wireless Networks in the United States, Keynote, KITI and The Broadband Association, Tokyo, Japan (English version) (June 6, 2005).

MobiHoc, Plenary Session Moderator and Presenter, University of Illinois Champaign-Urbana (May 26, 2005).

Technology Roadmap, North America W2i Digital Cities Convention (East), Wireless Internet Institute, Philadelphia, PA (May 2-4, 2005).

WiMax and the Last Mile, Presenter, Columbia University (November 19, 2004).

Telecommunications Policy Research Conference, Program Committee Member and Presenter, Washington, DC (October 1-4, 2004).

After the Closing of the Spectrum Frontier: What spectrum allocation models work best, when and where?, Presenter, Columbia University (September 27, 2004).

International Telecommunications Society 15th Biennial Conference, Presenter, Berlin, Germany (September 5-7, 2004).

Wi-Fi Implementation and Deal Making, Presenter, Law Seminars International, Reston, VA (June 7-8, 2004).

Migration Trends in Spectrum Use and Regulation, Presenter, Federal Communications Bar Association, Washington, DC (June 22, 2004).

Pervasive Connectivity: How Unlicensed Spectrum Will Help The World Go Wireless, Speaker, New America Foundation, Washington, DC (Presentation) (April 16, 2004).

Latest Coolest Newest: Top 4 Technologies for '04, Organizer and Moderator, Federal Communications Bar Association (March 26, 2004).

Digital Migration Symposium, Co-organizer, Catholic University, Washington, DC (Video) (January 22, 2004).

VoIP Forum, Co-organizer, Federal Communications Commission, Washington, DC (December 1, 2003).

Rural WISP Showcase and Workshop, Co-organizer, Federal Communications Commission, Washington, DC (November 4, 2003).

Telecommunications Policy Research Conference, Panelist Wireless ISP Panel, Washington, DC (September 19-22, 2003).

Power Line Communications II: More Than a Scientific Curiosity But Is It (Finally) the Long-Awaited "Third Wire" to Every Home?, Columbia University (July 16, 2002).

The New Telecommunications Industry and Financial Markets: From Utility to Volatility, Co-organizer, Columbia University (April 30, 2002).

Discussion of the Book "Tech for Non-Techies: Principles of Modern Communications Technology" by A. Michael Noll, Columbia University (April 23, 2002).

The Future of Telecommunications in Europe, Columbia University (April 12, 2002).

Mass Media Content for Mobile Wireless, Co-organizer and Presenter, Columbia University (April 5, 2002).

Media Usage: Some Intriguing Facts, Columbia University (April 2, 2002).

Modified Lease Spectrum Auctions: A Controlled Market System, Columbia University (March 20, 2002).

An Electronic Public Transmission Act of 2002 for the Minimum Regulation of Content on the Internet, Prof. Koichiro Hayashi, Columbia University (February 11, 2002).

Power Line Communications: More Than a Scientific Curiosity…But Is It (Finally) the Long-Awaited "Third Wire" to Every Home?, Columbia University (February 7, 2002).

The Broadband Economy: The Emerging Market System in Bandwidth, Co-organizer and Moderator, Columbia University (October 26, 2001).

Key Drivers For 3G Wireless: Will 3G Deliver Its Promise? Or Is It Just Hype?, Co-organizer, Columbia University (October 25, 2001).

Disaster Recovery: Communications and Information Systems in the Financial Industry: Lessons from the World Trade Center and City of London Attacks, Columbia University (October 17, 2001).

The Digital Divide: An Inhibitor of Growth?, Columbia University (June 11, 2001).

Demand for Bandwidth: Preliminary Models and Results, Columbia University (May 3, 2001).

Three Years On: Evaluating the Impact of the WTO's Basic Telecommunications Agreement: A Focus on Mexico and South Africa, Columbia University (April 30, 2001).

Iridium: Infrastructure for the Developing World, Columbia University (April 25, 2001).

Assault On Privacy: Can Encryption Safeguard the Internet?, Columbia University (April 24, 2001).

Reforming the German Communications Market, Columbia University (April 13, 2001).

Exploring Media Content Strategies in Mobile Communication Markets, Columbia University (March 28, 2001).

Mobile Media Marketing: Translating Consumer Behavior Into Business Strategy, Columbia University (March 20, 2001).

Invitation-only Workshop on Interconnection Pricing, CITI and USC Annenberg, Washington, DC (December 13, 2000).

TV Over the Internet: Implications for Infrastructure, Content, Policy and Strategy, Co-organizer, CITI, European Institute for the Media, and GLOCOM,  (New York, November 10, 2000;  Düsseldorf, December 8, 2000; and Tokyo February, 2001).

Setting the Telecommunications Policy Agenda, Columbia University (November 3, 2000).

Contracting for Credibility, Columbia University (October 6, 2000).

Evaluating the Deployment of Broadband Connectivity, Organizer and Moderator, Columbia University (September 12, 2000).

CALLS Telecom Rates: Reform or Ruse, Co-organizer, Keynote: Harold W. Furchtgott-Roth, Commissioner FCC, CITI, USC Annenberg, and New York Law School (August 3, 2000).

Venture Capital in New Media, Co-organizer, Columbia University (December 10, 1999).

Competition in the Cyber-World, Co-organizer, Columbia University (November 18-19, 1999).

All on One Wire: Cable Telephony, Panelist, CITI and New York Law School (July 14, 1999).

Emitai Etzoni: New Proposals to Bridge the Encryption Debate, Co-organizer, Columbia University (April 14, 1999).

European Lessons in Liberalization: The German Experience in Telecommunications & Internet Applications,  Moderator, Columbia University CITI (February 14, 1999).

Cable TV as Internet Provider: From Business Convergence to a Convergence of Regulation?, Co-organizer, Columbia University (January 26, 1999).

Developments in the US Telecommunications Industry: Regulatory Convergence and Internet Telephony,  Co-chair and Moderator, CITI, Tokyo, Japan (December 9, 1998).

The New Investment Theory of Real Options and Its Implications For The Cost Models in Telecommunications, Co-organizer, Columbia University (October 2, 1998).

Telecommunications Policy Research Conference, Discussant, Intellectual Property Panel, Washington, DC (October 3-5, 1998).

New Approaches to Minority Media Ownership, Moderator, Debt Models Panel, Columbia University (July 27-28, 1998).

Has Privatization Worked? The International Experience, Columbia University (June 12, 1998).


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