Profile

Henry’s expertise touches on all areas of telecommunications, media and technology, and he serves as a problem-solver on cutting-edge issues for satellite, broadcast, wireless, and device manufacturer clients.

Named by The Legal 500 US a “recommended lawyer” and a “Rising Star,” Henry focuses his practice on spectrum usage as the lifeblood of the networks of today and the future. While serving as the in-house head of regulatory for one of the nation’s largest broadcast television companies, Henry developed and implemented the company’s strategy for its successful participation in the Federal Communications Commission’s (FCC) 600 MHz spectrum auction, which resulted in an estimated $479 million of gross proceeds from the disposition of spectrum. More recently, Henry has advocated on behalf of satellite operators Intelsat and SES as part of the FCC’s multi-year proceeding to reallocate C-band spectrum for 5G use. He also regularly assists various wireless operators in 5G spectrum transactions and deployment.

Henry advises established and emerging space ventures on satellite and Earth station regulation before the FCC and the National Oceanic and Atmospheric Administration (NOAA). He has obtained licenses from NOAA for Earth imaging satellites and other land remote-sensing space systems, and counsels clients on compliance with administrative and operational control requirements. He has also secured FCC and NOAA approval for mergers involving satellite service providers, and he regularly advises clients on federal spectrum coordination issues.

Clients rely on Henry to respond to major administrative enforcement actions, where he provides cost-effective and efficient solutions to complex inquiries. He continues to defend major broadcasters in antitrust proceedings before the U.S. Department of Justice (DOJ). At the FCC, he has helped clients respond to inquiries related to the marketing of unauthorized equipment, hearing aid compatibility (HAC), and other accessibility issues.

Henry is a go-to expert on the 21st Century Communications and Video Accessibility Act (CVAA). He counsels manufacturing, service provider, and broadcasting clients on the FCC implementation of the CVAA, including Advanced Communications Services (ACS), IP Captioning, Video Description, and Emergency Information rules. He also designs and executes strategies for clients seeking to bring new, compliant communications products to market.

More generally, Henry offers strategic counsel to clients in a variety of complex regulatory, transactional, litigation, and compliance matters in the areas of satellite, media, and telecommunications. He drafts comments, petitions, waivers, and other pleadings in proceedings before the FCC, NOAA, DOJ, and other federal agencies.

Experience

Representative Matters

  • Incentive Auction: Plotted and executed Media General's strategy for participation in the auction, which resulted in an estimated $479 million of gross proceeds from the disposition of spectrum. Prior, prepared multiple client comments in response to the FCC's proposed rules for the broadcast incentive auction.
  • Represents clients on transactional issues related to FCC licensees, including compliance with wireless attribution and control rules and securing FCC approvals for acquisitions and transfers of control of authorizations. Counsels clients on mmW spectrum attribution and 5G deployment timelines.
  • Rulemaking Proceedings: Drafts comments, petitions, and other pleadings in FCC rulemakings, including Twenty-First Century Communications and the Video Accessibility Act (CVAA), incentive auction and retransmission consent proceedings.
  • CVAA and Disability Access: Counsels manufacturing, service provider, and broadcasting clients on the FCC implementation of the CVAA, including ACS, IP Captioning, Video Description, and Emergency Information rules. Designs and executes strategies for clients seeking to bring new, compliant communications products to market.
  • Enforcement: Represents clients in FCC enforcement actions, including hearing aid compatibility (HAC), Section 255, and video description. Responds to notices of informal complaints on behalf of broadcast stations for both FCC and FAA compliance issues.
  • Satellites: Advises established and emerging space ventures on satellite and earth station regulation before the FCC and the National Oceanic and Atmospheric Administration (NOAA). Secures FCC and NOAA approval for mergers involving satellite service providers. Obtains licenses from NOAA for earth imaging satellites and other land remote-sensing space systems and counsels clients on compliance with administrative and operational control requirements.
  • Regulatory: Offers strategic counsel to clients about compliance with the FCC rules affecting telecommunications service providers and manufacturers, broadcasters, and satellite providers, including spectrum policy, public safety communications, and the CALM Act. Drafts comments, petitions, and other pleadings in proceedings before the FCC and other federal agencies. Prepares FCC regulatory filings, including children's television reports, renewals, periodic ownership, Equal Employment Opportunity (EEO), and programming reports and applications for construction permits and licenses for broadcast stations and other communications facilities.
  • Cybersecurity: Prepares comments in proceedings before the FCC, the National Institute of Standards and Technology (NIST), and other federal agencies regarding the new U.S. data security and privacy laws and regulations.
  • Pro Bono: Successfully assisted a client in obtaining an order granting her permanent legal and physical custody of her three granddaughters.

Professional Experience

  • Associate General Counsel, Media General Inc. (2015-2017) 
  • General Editor, ESPN.com/Scouts Inc. (2005-2008)
  • Studio Production, ESPN (2001-2005)

Affiliations

  • Federal Communications Bar Association (FCBA)

Recognitions

  • Named by The Legal 500 US a "recommended lawyer" (2019) and a "Rising Star" (2019-2020) in Telecom and Broadcast Regulatory Law
  • Recipient of two Emmy Awards for work as an associate producer on ESPN's Sportscenter (2003, 2004)

Credentials

Education

J.D., summa cum laude, George Mason University School of Law; Moot Court Board

B.A., cum laude, Washington and Lee University

Law Journals

Member, George Mason Law Review

Bar and Court Memberships

  • District of Columbia Bar
  • Virginia Bar

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