Mr. Zajicek counsels U.S. and international communications industry clients with respect to regulatory compliance, fees, and taxes; commercial transactions; siting and property tax issues; commercial transactions; customer privacy; and data security.
Mr. Zajicek’s engineering background and broad regulatory experience, including representing telecommunications companies and renewable and conventional energy in greenfield and brownfield development as well as ongoing compliance provides a unique skillset and perspective that ensure clients’ questions and concerns are addressed both from a regulatory and technical perspective.
In addition to representing clients before state public utility commissions and the Federal Communications Commission (FCC) with respect to regulatory compliance (from initial licensing to ongoing compliance and enforcement actions), fees, and taxes, Mr. Zajicek has represented clients in state and federal court on a various issues, including property rights, property taxation, and applicability of regulations.
A dual Canadian/U.S. citizen, Mr. Zajicek counsels clients on compliance with Canadian Radio-television and Telecommunications Commission (CRTC) decisions and obligations.
- Provided comprehensive regulatory audits of services offered to advise clients, ranging from local VoIP providers to multinational entities, regarding appropriate federal regulatory classification and implications pursuant to ever-changing FCC regulatory landscape
- Assisted clients with compliance with federal, state, and local communications and regulatory taxes and fees including sales, use, excise, and transaction taxes; 911/E911 fees; and other “tax-like” regulatory fees applicable to communications services and products
- Assisted communications providers in gaining access to necessary infrastructure, including access to public and private rights-of-way
- Assisted clients with obtaining relevant and necessary FCC and state authorization to provide communications services, including broadband Internet; voice (local, long distance, international, and pre-paid, and wireless telecommunications); and video services
- Drafted and filed petitions with the FCC related to application of the Limited International Revenue Exemption (LIRE)
- Assisted clients with Communications Assistance for Law Enforcement Act (CALEA) compliance, including drafting, reviewing, and filing CALEA policies and manuals and System Security and Integrity (SSI) Plans
- Represented telecommunications, broadband, and energy companies before the New York State Public Service Commission with respect to ongoing compliance with statutory requirements, requirements imposed by Commission orders, and Commission-initiated proceedings and investigations
- Represented the world’s largest telecommunications company in siting and developing cell tower sites
- Represented an international telecommunications service provider with respect to applicability of a local tax creating a multi-million dollar liability
- Drafted and negotiated payment-in-lieu-of-tax (PILOT) agreements with local municipalities and counties throughout New York
- Assisted clients with new project development and real property acquisitions, including tax stabilization through PILOT agreements, throughout the United States
- Provided property tax due diligence and filing support to private equity firms with a national portfolio of energy assets and some of the largest U.S. and international renewable energy companies with respect to their national solar and wind portfolios
- Litigated property tax cases for energy assets throughout the United States
Mr. Zajicek earned an engineering degree from the University of Toronto and a Juris Doctor, magna cum laude, from Vermont Law School with a focus on Energy, Environmental, and Natural Resource Law.
Mr. Zajicek is admitted to practice law in the State of New York