Kurt E. DeSoto

Counsels clients on wireless telecommunications matters, including: interpretation and implementation of applicable laws, regulations, and policies; availability and valuation of spectrum or channels; preparation and filing of applications and necessary waiver requests for new or modified radio systems; negotiation of purchase or sale of radio licenses; participation in FCC spectrum auctions or other licensing proceedings; compliance with FCC, Federal Aviation Administration (FAA), and other agency technical, operational, environmental impact, reporting, record-keeping requirements; and investigations, hearings, and enforcement proceedings related to compliance with statutory and regulatory obligations. Clients include: private, government, and common carrier FCC radio licensees; operators of commercial and public safety radio systems designed for mobile radio, paging, cellular, microwave, aeronautical, maritime, earth station, and satellite communications; and tower and antenna structure owners and lessors. Counsels clients on compliance with FCC, FAA, and other federal agency rules governing new tower construction and the collocation of antennas on existing towers or buildings under the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), and the FCC regulations limiting human exposure to radiofrequency (RF) energy. Clients include: wireless communications operators, infrastructure companies, and other entities that construct, own or lease tower structures as well as FCC licensees that deploy antennas on towers or buildings. Clients also include investors requiring due diligence review of compliance with federal rules related to NEPA and NHPA. Advises clients with respect to FCC regulations governing the testing, demonstration, marketing and authorization of digital and radio frequency equipment or devices. Assists companies with obtaining experimental licenses to conduct operations prior to receiving necessary FCC equipment approvals or to conduct tests of prototype devices or systems. Assists clients with FCC inquiries, investigations, or enforcement actions regarding their compliance with statutory and regulatory obligations. Clients include: manufacturers and developers of mobile radio handsets and transmitter infrastructure; radio frequency devices authorized for use on an unlicensed basis; computers and computing devices; and new or innovative products, technologies, or systems. Advises clients with respect to the revenue reporting and contribution requirements associated with the FCC's support mechanisms, including in particular the Universal Service Fund (USF) Program. Assists clients in connection with inquiries and investigations related to their compliance with the FCC's USF reporting and contribution obligations. Clients include: wholesale providers of telecommunications, resellers of telecommunications, private service operators, system integrators, equipment manufacturers, and software developers. Assists clients with the preparation and filing of comments and related pleadings in a variety of matters, including FCC rulemaking and rate-making proceedings, contested applications, and rule waiver proceedings. Counsels clients regarding contracts related to wireline and wireless telecommunications service arrangements and tariffs (schedules of rates, terms, and conditions).

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.

On April 2, 2019, the Federal Communications Commission (FCC or Commission) released a Public Notice seeking comment on a proposal to update its rules and procedures related to equipment testing and test laboratories that potentially affect the approval of nearly every digital device regulated by the FCC, including portions of nearly every modern radio communications device.i The FCC's rules govern the approval of such devices before they may be marketed or sold and govern their operation by users, including consumers and state or local governments.

The Federal Communications Commission (FCC or Commission) has issued a notice of proposed rulemaking (NPRM) seeking comment on a number of proposed improvements to its equipment authorization program. Nearly all devices capable of emitting radiofrequency energy are required to participate in the program to ensure compliance with technical standards designed to minimize interference to radio communications. An FCC equipment authorization is generally a prerequisite for the importation and marketing of electronic devices.