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David E. Hilliard

Senior Counsel at Wiley Rein LLP

David E. Hilliard's profile photo
LocationWashingtonDistrict of Columbia, United States
Current roleSenior CounselWiley Rein LLP · since May 2015
Government service1yrFederal Communications Commission (FCC)

About

David serves as senior counsel to Wiley. He represents clients on a wide variety of matters before the Federal Communications Commission (FCC), including wireless technology, mobile radio operations, and electromagnetic compatibility regulation. David also represents clients on matters involving uncrewed aerial systems (UAS).

Roles

May 2015–Present
Current role

Senior Counsel

Wiley Rein LLP

Washington, District of Columbia

Communications LawCorporate CounselAircraft OperationProjects, Programs and Advisors
Jan 2013–Jan 2015
Former role

Of Counsel

Wiley Rein LLP

Washington, District of Columbia

Communications LawCorporate CounselProjects, Programs and Advisors

Represents clients on radio frequency exposure and safety matters, FCC Enforcement Bureau Proceedings, and spectrum allocation issues involving numerous radio services.

Represents developers of equipment that operates under Part 15 and Part 95 of the FCC rules including, short range devices, ultra-wideband devices, digital products, and wireless medical devices.

Counsels clients concerning equipment authorization and regulations including radio frequency emissions testing, 911 technical issues, hearing aid compatibility, disability access and radio frequency identification (RFID) technologies.

Advises clients on the regulation of devices under Part 18 of the FCC rules governing industrial, scientific, and medical equipment including wireless charging of batteries.

Provides advice concerning FCC regulations on the marketing and importation of equipment, as well as the development of new electronic products and experimental radio.

Jan 1983–Jan 2012
Former role

Partner

Wiley Rein LLP

Washington, District of Columbia

Legal Officers and Practitioners
Jan 1981–Jan 1983
Former role

Partner

Kirkland & Ellis LLP

Washington, District of Columbia

Legal Officers and Practitioners
Jan 1976–Jan 1981
Former role

Associate

Kirkland & Ellis LLP

Washington, District of Columbia

Legal Officers and Practitioners
Jan 1975–Jan 1976
Former role

General Attorney

Federal Communications Commission (FCC), Cable Television Bureau

(appointed)District of Columbia

AttorneyFederal Government

Representative matters

EXPERIENCE

May 2025

Represents clients on radio frequency exposure and safety matters, FCC Enforcement Bureau Proceedings, and spectrum allocation issues involving numerous radio services. Represents developers of equipment that operates under Part 15 and Part 95 of the FCC rules including, short range devices, ultra-wideband devices, digital products, and wireless medical devices. Counsels clients concerning equipment authorization and regulations including radio frequency emissions testing, 911 technical issues, hearing aid compatibility, disability access and radio frequency identification (RFID) technologies. Advises clients on the regulation of devices under Part 18 of the FCC rules governing industrial, scientific, and medical equipment including wireless charging of batteries. Provides advice concerning FCC regulations on the marketing and importation of equipment, as well as the development of new electronic products and experimental radio. Counsels clients on the privacy of radio communications and mobile radio regulation including cellular, PCS, paging, private, aviation, satellite, and marine. Advises clients on electromagnetic compatibility regulation and radio and television broadcasting technical issues. Advises clients on radio spectrum and communications regulation for emerging technologies involving uncrewed aircraft systems (UAS), railroads, ships, and land vehicles in proceedings before the FCC, the Federal Aviation Administration (FAA), the National Telecommunications and Information Administration (NTIA), and the International Telecommunication Union (ITU).

Recognition

Honors

recommended lawyer

The Legal 500 US

January 2018

Named by The Legal 500 US a “recommended lawyer” in Telecom and Broadcast Transactional Law (2017-2018)

Martindale-Hubbell's highest ranking by peers for general ethical standards and legal ability

AV Peer Review Rating

May 2025

Publications & speeches

New 60 GHz Rules Offer Flexibility for Radar and WiGig Innovation

Wiley.law

June 2023

The Federal Communications Commission (FCC) has adopted new technical rules intended to promote unlicensed innovation for applications as diverse as “hot car” child safety and virtual reality gaming. The new rules, which took effect July 24, 2023, require unlicensed radar and other field disturbance sensor (FDS) devices operating in the 57-71 GHz band (60 GHz Band) to comply with technical and operational requirements intended to increase design and operational flexibility. With these new rules, the FCC seeks to enable new and innovative applications—including child detection in hot vehicles—while preserving the band for shared use with other unlicensed technologies, including WiGig technologies supporting Virtual Reality (VR) and Extended Reality (XR) applications.

Link

New FCC Equipment Marketing Rules Allow Pre-Sale of Radio Frequency Devices to Consumers

Wiley.law

April 2022

On April 12, 2022, new rules adopted by the Federal Communications Commission (FCC or Commission) took effect that will expand innovators’ ability to market, import, and pre-sell radio frequency (RF) devices that are still under FCC equipment authorization review. Under the new rules, manufacturers and others may now conditionally sell RF devices to consumers and import RF devices for certain pre-sale activities (e.g., packaging and delivering devices to retail locations, loading devices with software to demonstrate device capabilities for displays, etc.) prior to completing the equipment authorization process. While the new rules present a significant opportunity to help bring innovative new devices to consumers quickly, as discussed below, industry must take care to comply with certain conditions if they wish to engage in pre-sale activities.

Link

FCC Releases Proposal to Tackle Security in Equipment Authorizations, Spectrum Auction Certifications, and Beyond

Wiley.law

January 2021

On June 17, 2021, the Federal Communications Commission (FCC or Commission) voted unanimously to approve its Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization regime and competitive bidding certification rules to further the goals of protecting the nation’s communications networks and supply chains from equipment and services that pose an unacceptable risk to national security. This latest proposal builds upon the Commission’s ongoing efforts to protect our nation’s communications networks as well as other federal government efforts.[1] Comments on the NPRM and NOI will be due 30 days after the item is published in the Federal Register and Reply Comments will be due 60 days after publication.

Link

New FCC Proceeding to Tackle Security in Equipment, Auctions, and Beyond

Wiley.law

May 2021

On May 27, 2021, the Federal Communications Commission (FCC or Commission) released a draft Notice of Proposed Rulemaking (NPRM) and Notice of Inquiry (NOI) proposing significant changes to the FCC’s equipment authorization regime and spectrum auction certifications, intended to protect U.S. communications networks from equipment and services that pose an unacceptable risk to national security.

Link

Five Things UAS Manufacturers Need to Know About the FCC

Wiley.law

May 2025

While Federal Aviation Administration (FAA) rules may be top of mind for Unmanned Aircraft Systems (UAS or drones) users and manufacturers, if you’re launching a drone business the chances are your drones are going to be communicating by radio. That is why it is also critically important to pay attention to the Federal Communications Commission’s (FCC) authority to regulate issues impacting radio waves and UAS. Here are five things that every drone manufacturer should know about the FCC.

Link

Device Regulation in a 5G World

Wiley.law — PODCAST

January 2020

Link

Who Flies There? Emerging Legal Issues in Drone Identification and Counter-Drone Technologies

Wiley.law — Wiley Rein Webinar

July 2017