Kirsten R. Embree LL.B., M.A. (Communications Management), B.A. (Communications), Partner

Kirsten is a partner in FMC’s Ottawa office and the head of FMC’s Communications Law Practice Group. Kirsten maintains an extensive practice in telecommunications, broadcasting, international trade and competition law. She has worked in both the telecommunications and broadcasting industries for over 20 years and was formerly Director of Regulatory Matters and Legal Counsel at AT&T Canada Corp. Kirsten has also held positions at the former federal Department of Communications, Telesat Canada, the Canadian Independent Telephone Association and the Canadian Film Institute.

Kirsten represents a number of major domestic and international telecommunications and broadcasting clients, including local and long distance carriers, resellers, Internet service providers, wireless carriers, broadcasters, cable and satellite companies, content providers, telecommunications equipment manufacturers and several Canadian industry associations. Kirsten has also been involved in a number of major Canadian telecommunications industry transactions, including mergers, acquisitions, IPOs and other debt and equity financings.

Kirsten is the Past-Chair of the Canadian Bar Association’s Media and Communications Law Section, and a member of the Government of Canada’s Sectoral Advisory Group on International Trade (SAGIT) for the Information and Communications Technologies sectors. She is an active member of the National Capital Association of Communications Lawyers, and the Steering Committee of the biennial conference on Communications Law sponsored by the Law Society of Upper Canada and the Canadian Bar Association. Kirsten is an adjunct professor in the Faculty of Law at the University of Ottawa and the University of Windsor. She is a frequent speaker at Canadian and international industry seminars on a variety of telecommunications and broadcasting regulatory issues.

Kirsten is a recipient of the Jeanne Sauvé Award in Communications and she is listed among the experts for Communications law referenced in a number of publications, including the Chambers Global: The Guide to the World’s Leading Lawyers for Business, LEXPERT Canada, The Best Lawyers in Canada, Euromoney’s Guide to the World’s Leading Telecommunications Lawyers, Guide to the World’s Leading Technology, Media & Telecommunications Lawyers, PLC’s Cross-border Communications and IT Handbook and the International Who’s Who of Business Lawyers.

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Kirsten represents clients before the Canadian Radio-television and Telecommunications Commission (“CRTC”) and Industry Canada on virtually all regulatory matters affecting the Canadian telecommunications and broadcasting industries.

Kirsten provides in-depth, strategic regulatory advice on CRTC and Industry Canada licensing rules, Canada’s universal service funding regime, the CRTC’s Canadian content rules, the market entry and licensing requirements for CLECs, ISPs, VoIP providers, international carriers and other new entrants in Canada’s telecommunications market, as well as Canada’s telecom and broadcasting foreign ownership rules.

Kirsten is regularly involved in Industry Canada spectrum auctions and licensing proceedings, providing advice to a number of clients on the regulatory framework applicable to a variety of different fixed and mobile wireless bands, including, cellular, PCS, FWS, WCS, MCS, LMCS/LMDS, MMDS, FSS, MSS and BSS to name a few. 

Kirsten has been involved in several high profile telecommunications and broadcasting industry transactions, and she is regularly called upon to advise clients on the financing and structuring of businesses that are subject to Canada’s telecom and broadcasting foreign ownership rules.

Kirsten provides specialized advice and assistance to ISPs and Internet portals on laws relating to web site content, Canada’s lawful intercept or “wiretap” rules, as well as advice on the regulatory rules that apply to certain types of IP products and services.

Kirsten also provides advice to broadcasting clients on the rules relating to the carriage of U.S. satellite-to-cable specialty and pay-per-view channels. She regularly assists clients in the preparation of applications to the CRTC for inclusion of these channels on the CRTC’s lists of “Eligible Satellite Services.”

Kirsten regularly advises telecommunications and broadcasting industry clients on Canada’s commitments under the General Agreement on Trade in Services (GATS) and is frequently asked to prepare legal opinions on compliance and commitment related matters.

Representative Work
Regularly involved in Industry Canada spectrum auctions and licensing proceedings, providing advice to a number of clients on the regulatory framework applicable to variety different fixed and mobile wireless bands, including, cellular, PCS, FWS, WCS, MCS, LMCS/LMDS, MMDS, FSS, MSS and BSS to name a few
Has been involved in several high profile telecommunications and broadcasting industry transactions. She is regularly called upon to advise clients on the financing and structuring of businesses that are subject to Canada’s telecom and broadcasting foreign ownership rules
Provides in-depth, strategic regulatory advice on CRTC and Industry Canada licensing rules, Canada’s universal service funding regime, the CRTC’s Canadian content rules, the market entry and licensing requirements for CLECs, ISPs, VoIP providers, international carriers and other new entrants in Canada’s telecommunications market, as well as Canada’s telecom and broadcasting foreign ownership rules
Regularly advises telecommunications and broadcasting industry clients on Canada’s commitments under the General Agreement on Trade in Services (GATS) and is frequently asked to prepare legal opinions on compliance and commitment related matters
Represents clients before the Canadian Radio-television and Telecommunications Commission (“CRTC”) and Industry Canada on virtually all regulatory matters affecting the Canadian telecommunications and broadcasting industries
Publications
Teaching Roles
Adjunct Professor in the Faculty of Law at the University of Ottawa
Prior Speaking Engagements
Illegal Content and the Socially Responsible ISP, presented to The 2006 Canadian Telecom Summit, June 2006
IP Over Everything!, presented to The 2006 CITA Showcase, February 2006
The Regulatory Framework for VoIP Services in Canada, presented to The Ninth Annual Canadian IT Law Association Conference, October 2005
Partners in Crime: The Impact of Proposed Wiretapping Legislation on the Canadian Telecom Industry, presented to OCRI 45th Circuit, February 1, 2005
Shades of Black and Grey: A Snapshot of the Canadian DTH Debate, prepared for the Law Society of Upper Canada/Canadian Bar Association Media & Communications Law Conference, Ottawa, April 26, 2002
Contact Information
Ottawa
+1 613 783 9616
kirsten.embree@fmc-law.com
Year of Call
1991 (Ontario)
Education
University of Southern California, M.A. (Communications Management), 1992
McGill University, LL.B, 1989
Carleton University, B.A. (Communications), 1986
Languages Spoken
English