Heather Zachary is a partner in the firm's Regulatory and Government Affairs Department, and a member of the Communications, Privacy and Internet Law Practice Group. Her practice focuses on communications regulation, civil litigation at the appellate and trial levels, and counseling on privacy and information security.
Practice
Ms. Zachary’s practice includes regulatory advocacy, litigation, and counseling for a wide variety of communications clients. She represents wireline telecommunications providers, wireless carriers, broadcasters, video providers, industry trade associations, and information service providers in FCC proceedings (including merger proceedings) and in appellate litigation. She also counsels communications and privacy clients on their statutory and regulatory obligations and on their policies concerning information security.
Ms. Zachary also represents clients in litigation concerning a broad range of legal issues. Her cases have involved such matters as copyright infringement, trade dress infringement, tortious destruction of property, agency, breach of contract, and energy law. Ms. Zachary has prepared briefs in the US Supreme Court, state supreme courts, several federal courts of appeals, and a number of district courts.
Recent Highlights
In recent representative matters, Ms. Zachary:
- Played a key role in shaping the FCC’s comprehensive reform of universal service and intercarrier compensation, including by drafting single-party and joint industry comments in multiple rulemaking proceedings.
- Represented a video entrant that sought access to cable-affiliated, terrestrially delivered video programming. This multi-pronged effort included prosecuting a complaint at the FCC against a cable operator, filing comments in the FCC’s related rulemaking proceedings, and successfully defending on appeal favorable FCC rules that grant non-incumbents access to terrestrially delivered programming. Cablevision Sys. Corp. v. FCC, 659 F.3d 695 (D.C. Cir. 2011).
- Represented two Bell operating companies in separate merger-review proceedings at the FCC.
- Provided regulatory and public policy advice to a national wireless carrier concerning a multi-billion-dollar auction of cellular spectrum.
- Represented a communications provider in FCC rulemakings concerning net neutrality, the National Broadband Plan, and the reclassification of broadband as a Title II telecommunications service.
- Represented a national wireless carrier in the FCC’s “bill shock” proceeding concerning unexpected overages on consumers’ monthly voice, data, and messaging bills.
- Represented a communications provider and a trade association in the FCC’s “AllVid” proceedings concerning competition in the marketplace for video set-top boxes.
- Drafted information security program and comprehensive set of information-security policies for a consumer-research company.
- Assisted a communications provider with the development of a comprehensive manual addressing state and federal rules concerning cooperation with surveillance efforts and compliance with private subpoenas.
- Helped secure an appellate victory on behalf of a natural gas producer who argued that FERC’s decision to approve a pipeline capacity lease violated the Administrative Procedure Act. Apache Corp. v. FERC, 627 F.3d 1220 (D.C. Cir. 2010).
- Helped secure an appellate victory for the Air Transport Association of America in a case concerning New York’s “Passenger Bill of Rights.” Reversing the district court, the Second Circuit held that federal law preempts a New York statute that required airlines experiencing extended ground delays to provide certain amenities to passengers. Air Transport Ass’n of America, Inc. v. Cuomo, 520 F.3d 218 (2d Cir. 2008).
- Helped secure victories in two district court proceedings on behalf of a power equipment manufacturer against parties using similar trade dress. The first proceeding resulted in a jury verdict recognizing the validity of the manufacturer’s trade dress and finding that the trade dress had been infringed. The second proceeding resulted in a settlement negotiated after a favorable summary judgment ruling.
Professional Activities
Ms. Zachary is a member of the District of Columbia Bar, Oregon State Bar, United States Supreme Court Bar, Federal Communications Bar Association, and American Bar Association.
Ms. Zachary co-authored an article discussing the issues faced by communications providers after 9/11, including assistance with surveillance efforts, provision of customer records to law enforcement, export controls, critical infrastructure requirements, and review of transactions involving foreign investors. Navigating Communications Regulation in the Wake of 9/11, 57 Federal Communications Law Journal 351 (2005) (co-authored with Jamie S. Gorelick and John H. Harwood II).
