Frank W. Krogh is Of Counsel to the Washington, D.C. office and is a member of the firm’s Communications Group. His practice focuses on the regulatory concerns of telecommunications common carriers and other service providers.

Prior to joining Morrison & Foerster in February 1999, Mr. Krogh served as Senior Counsel and Appellate Coordinator, Federal Law and Public Policy, for MCI WorldCom, Inc. He held similar positions with MCI WorldCom, Inc.’s predecessor, MCI Communications Corporation, for 10 years and, prior to that, with RCA Global Communications, Inc. for four years.

At RCA Global and MCI, Mr. Krogh was responsible for the development and execution of company policy on a wide variety of domestic and international regulatory issues before the Federal Communications Commission and other policymaking and judicial fora. Mr. Krogh managed and implemented MCI’s involvement in numerous FCC rulemaking dockets focusing on the regulatory safeguards necessary to enable new entrants to compete with dominant carriers and played a key role in the advocacy of pro-competitive rules that were ultimately adopted by the FCC in its implementation of the Telecommunications Act of 1996. Mr. Krogh also handled numerous formal complaint cases at the FCC and successfully briefed and argued several appeals of FCC orders in the United States Courts of Appeals.

At Morrison & Foerster, he has continued to be involved in various common carrier regulatory matters, including complaint cases and the defense to a notice of apparent liability, before the FCC and state commissions as well as related telecommunications industry issues. He also has participated in a variety of transactional matters requiring intensive regulatory due diligence reviews and the preparation of regulatory opinion letters and is currently involved in a number of policy rulemaking proceedings at the FCC, including dockets related to the reform of intercarrier compensation and universal service.

Mr. Krogh received his A.B., with honors, from Brown University in 1967 and his LL.B. from Yale Law School in 1970. He is a member of the bars of the State of New York and the District of Columbia.

Representative Matters

The successful representation of ALLTEL Corporation in connection with petitions to the FCC for designation as an eligible telecommunications carrier in five states, which were vigorously opposed by a number of carriers.

The preparation of the response to an FCC Notice of Apparent Liability (NAL) against OCMC, Inc., an operator services provider, alleging failure to brand and to disclose rate information and the negotiation of a consent decree settling the NAL in 2003. Our intensive factual preparation and comprehensive legal presentation resulted in a substantial penalty reduction.

The successful handling of a formal complaint proceeding on behalf of Sprint in AT&T Corp. v. Business Telecom, Inc. and Sprint Communications Company, LP v. Business Telecom, Inc., 16 FCC Rcd 12312 (2001), involving extensive discovery and briefing, which resulted in the first damages award against a competitive local exchange carrier for excessive access charges.

Prior to joining Morrison & Foerster, briefed and argued the successful appeal of the FCC's Computer III Remand Order to the U.S. Court of Appeals for the 9th Circuit in California v. FCC 39 F.3d 919 (9th Cir. 1994), and briefed the successful appeals of a series of FCC damages awards to the U.S. Court of Appeals for the D.C. Circuit in MCI Telecommunications Corp. v. FCC, 59 F.3d 1407 (D.C. Cir. 1995).