Press Releases

Matthew Schettenhelm Among Those Involved in Major Telecommunications Case

For Immediate Release: Oct. 23, 2012
Media Contact: Jennifer Bowles • 951.826.8480 • jennifer.bowles@BBKlaw.com

WASHINGTON, D.C. _ Matthew K. Schettenhelm, an appellate advocate at Best Best & Krieger LLP, received the prestigious President’s Award to the Most Outstanding Associate Member from the International Municipal Lawyers Association.

Schettenhelm was honored Monday for helping to convince the U.S. Supreme Court to review a federal appellate court’s decision that sided with the Federal Communications Commission and the agency’s so-called shot-clock rule. That rule encroaches on local government decisions by giving them a limited time to review requests from the telecommunications industry for placement of cell towers and antennas in their own localities.

Oral arguments in the case, Arlington, Texas, v. FCC, are expected to be heard before the nation’s high court in January or February.

“Matt has played a key role in this very important case since the beginning, and I felt it was appropriate to recognize the hard work of an up-and-coming attorney at BB&K,” said Jay Doegey, city attorney for Arlington, Texas who is also the association’s president.

Schettenhelm, based in BB&K’s Washington D.C. office, received his award during the association’s annual conference, which this year was held in Austin, Texas.

“I am very honored,” Schettenhelm said. “I have been fortunate enough to work on a number of significant appellate matters for local governments, but no case compares to this one. I'm grateful to the association for this award, and to the clients and BB&K attorneys who have given me the opportunity to do this interesting and important work.”

Schettenhelm, a BB&K associate, is working on the case with Joseph Van Eaton, a BB&K partner based in Washington D.C. Besides Arlington, they are representing the cities of Los Angeles and San Antonio, Texas, along with Los Angeles County and the Texas Coalition of Cities for Utility Issues. Tom Goldstein, an attorney at Goldstein & Russell P.C., is representing San Diego County.

The Supreme Court only agrees to hear less than 5 percent of the cases requested. Earlier this month, the justices agreed to hear the Arlington case, based on arguments contained in appellate briefings written by Schettenhelm and the two other attorneys. The high court will look specifically at the issue of whether a federal agency can define the scope of its own jurisdiction.

If the arguments by BB&K and Goldstein prevail, it could lead courts to recognize that Congress did not intend the FCC to establish national policy in this area, giving local governments more discretion in handling requests by the telecom industry. The case could also settle the question of whether any federal regulatory body can use ambiguity to claim jurisdiction to impose regulations on local governments or other entities.

“I have seen Matt develop into one of the best appellate writers and advocates within my career,” said Nicholas Miller, a BB&K attorney who manages the Washington, D.C. office. “He writes nuanced and powerful briefs, which are persuasive enough to convince the Supreme Court to take on a case.”

Schettenhelm graduated in 2004 from George Washington University Law School.