Kirsten R. Embree | Fraser Milner Casgrain LLP

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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 the firm's Communications Law Practice Group. Kirsten maintains an extensive practice in telecommunications, broadcasting, digital media and privacy law. She has worked in the Canadian communications industry 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 communications industry clients, including local and long distance carriers, resellers, Internet service providers, wireless carriers, broadcasters, digital media providers, cable and satellite companies, telecommunications equipment manufacturers and several Canadian industry associations. Kirsten has also been involved in a number of major communications industry transactions, including mergers, acquisitions, restructurings, IPOs and other debt and equity financings of communications industry clients.

Kirsten is the Past-Chair of the Canadian Bar Association’s Media and Communications Law Section, and a former Governor in Council appointee to the Government of Canada’s Sectoral Advisory Group on International Trade (SAGIT) for the Information and Communications Technologies sectors. She is a member of the Canadian IT Law Association, a past member of 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 is a frequent speaker at Canadian and international industry seminars on a variety of telecommunications, broadcasting digital media and privacy 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

Represents clients before the Canadian Radio-television and Telecommunications Commission (CRTC) and Industry Canada on virtually all regulatory matters affecting the Canadian telecommunications, broadcasting and digital media industries

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, AWS, FWS, WCS, MCS, LMCS/LMDS, MMDS, FSS, MSS and BSS to name a few

Has been involved in several high profile communications 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 as well as foreign ownership rules in film and publishing sectors

Provides specialized advice and assistance to ISPs, digital media providers and Internet portals on film and television rating systems, website content, website privacy policies and website terms of use, as well as advice on Canada's lawful intercept or "Wiretap" 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

Provides advice to broadcasting clients on the rules relating to the carriage of U.S. satellite-to-cable specialty and pay-per-view channels, and 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”

Publications

New Lawful Access Legislation - Potential Impacts on ISPs, February 2012

"International Trade and Investment Matters", Focus on Federal Advocacy and Public Policy - Fall 2007

Focus on Federal Advocacy and Policy - June 2007

Focus on Federal Advocacy and Policy - March 2007

Federal Court Of Appeal Confirms IP Rights Not Categorically Immune From Competition Act Scrutiny

“Canada’s Telecommunications Policy Review Panel Issues Highly Anticipated Final Report”, FMC’s Focus on Telecommunications, March 2006

“ISP Blocking: Parts I and II” (with Y. Monica Song) Internet and E-Commerce Law In Canada, Vol. 6, Nos. 8 and 9, Butterworths, October and November 2005

“A Summary of the CRTC’s VoIP Decision—Regulatory Framework for Voice Communication Services Using Internet Protocol”, Telecom Decision CRTC 2005-28, May 12, 2005

“Lawful Access—A Summary of the Federal Government’s Recent Proposals”, Parts I and II, Internet and E-Commerce Law In Canada, Vol. 6, Nos. 3 and 4, Butterworths, May and June 2005

“ISPs and the Protection of Customer Information—Lessons Learned from the BMG Canada Case”, Cablecaster, April 2004

“Landmark CRTC Ruling Dramatically Alters Canadian Telecommunications Pricing and Regulation”, June 6, 2002

“Broadcasters Mount Challenge to Canadian Competition Bureau’s Merger-Review Authority”, March 2002

“Cell Phone Silencers: Response to Canada Gazette Notice DGTP-002-001 under the Radiocommunication Act”, The Canadian Bar Association – Media & Communications Law Section Submission, July 2001

“E-Commerce, Cultural Industries and the WTO”, Internet and E-Commerce Law in Canada, Vol. 1, No. 5; Butterworths, July 2000

“Canada’s Broadcasting Foreign Ownership Rules OHH Commentary”, July 1999

“Contribution and the Internet”, June 1999

“New Spectrum Developments in Canada”, Wireless Communications Association Newsletter, June 1999

“The New Dawn of Competition in Canada’s International Telecom Market: Telecom Decision CRTC 98-17”, October 1998

“Regulating Internet Telephony in Canada”, August 1998

“Decision in December: Is Canada’s Long Distance Market Ready for Forbearance?” September 1997

“Opening Canada’s Local Telephone Markets to Competition: The CRTC’s Historic May 1, 1997 Decisions”, May 1997

“The Canadian Telecom Foreign Ownership Regulations”, 1996

“Canada’s Broadcasting Foreign Ownership Rules”, 1996

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

Market Consolidation in a Converging World: Horizontal and Vertical Integration in the Canadian Broadcasting Industry presentation to Law Society of Upper Canada, April 14-15, 2000

Trade in Telecommunications Services: Canada’s Domestic Agenda, University of Toronto Conference, February 17-18, 2000

Regulation and the Internet in Canada, Canadian Institute Conference, June 14, 1999

New Media: Is Regulation the Answer? Canadian Satellite Users Association Conference, March 25, 1999

Network Access Issues and the Canadian Internet Industry, NetCon Conference, Toronto, November 11, 1998

Regulating the Internet in Canada, CompTel Conference, August 6, 1998

Marketing in the Electronic Age, Insight Conference, Toronto, April 6, 1998

Competitive Opportunities for Resellers and IXCs, Canadian Institute Conference, February 16, 1998

Competition in Local Services: The Price Cap Rules, Canadian Institute Conference, Toronto, December 4, 1997

Regulations Affecting Copper Access Technologies, Paradyne Seminar Series, Toronto, October 28, 1997

Unbundling Copper Loops, Comdex Conference, Toronto, July 9, 1997

Recent Developments in Canadian Telecommunications Regulation: The Aftermath of the CRTC’s May 1, 1997 Decisions on Local Competition, CompTel Conference, Montréal, June 9, 1997

The CRTC’s May 1, 1997 Decisions on Local Competition, Canadian Embassy, Washington, D.C., May 28, 1997

Canada/U.S. Joint Ventures in the Canadian Specialty Market, New York, November 1996

Regulation of the Canadian Wireless Market, Capital Telecom Professionals Conference, Washington, D.C., November 1996

Recent Regulatory Developments in Long Distance Competition, Infonex Conference, Toronto, September 1996

CRTC Non-Canadian Specialty Proceedings, Toronto, June 1996

Barriers to Entry in the Local Telephony Market, Canadian Institute Conference, Toronto, May 1996

Restraints on Trade in Telecommunications Services, LSUC Conference on Communications Law, Ottawa, April 1996

Contact Information

Ottawa

+1 613 783 9616

kirsten.embree@fmc-law.com

Areas of Expertise

Entertainment | Sports | Media

International Trade

Privacy

Tech Companies | Venture Capital

Technology

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

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