Donald Evans

Photo of Donald Evans Don Evans has a practice covering a wide spectrum of telecommunications fields. He has historically represented major commercial mobile radio providers, having participated in the cellular radio and PCS services since their inception. He has litigated complex broadcast and common carrier hearings before the FCC's ALJs. In addition, he provides counsel and routine filing assistance to multi-station broadcast concerns. He conceived, and overcame strong FCC opposition to a plan that would require the FCC to authorize TV stations to move from small towns in the Rockies to the New York and Philadelphia metro areas. An early practitioner in the field of "wireless cable," he continues to represent Broadband Radio Service companies and their affiliated educational partners through the FCC process.

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FCC Takes Step Forward to Establishment of Rip and Replace Program

The Federal Communications Commission (“FCC” or the “Commission”) took a significant step forward this month in concretizing its program for extirpating equipment from the country’s communications networks that poses a threat to national security. The Commission’s Order in large part implements the objectives of the Secure and Trusted Networks Act of 2019 (the “Secure Networks … Continue Reading

FCC Restructures Intelligent Transportation System Rules

On November 19, the FCC issued a Report and Order for which the Wi-Fi community can be justly grateful at their Thanksgiving celebrations. For some years the Federal Communications Commission (“FCC” or the “Commission”) has been concerned that the potential for Intelligent Transportation Systems (ITS) in the 5.85 – 5.925 band has never panned out.  … Continue Reading

Spectrum Scarcity? What Spectrum Scarcity?

The Federal Communications Commission (“FCC”) under Chairman Pai has been nothing if not relentless in its quest to seek out underused or vacant spectrum and repurpose it for 5G uses. To that end, the FCC has announced its tentative agenda for its September 30, 2020 open meeting and it includes some pre-holiday gifts for spectrum-hungry … Continue Reading

So Much for Civility at the FCC

You thought the Republican and Democratic conventions were nasty? Long festering rancor between Federal Communications Chairman Ajit Pai and Commissioner Jessica Rosenworcel broke out into volleys of open epithets and acid-laced sarcasm this week. Strangely, the eruption of hostilities, as in real life, originated over something relatively unimportant: an innocuous draft of a Notice of … Continue Reading

Mobile Service Providers Will Need to Provide Z-Axis Location Data

In an Order adopted July 17th, 2020, the Federal Communications Commission (“FCC”) took another step in its mission to make the precise location of wireless emergency calls more and more granular, to help emergency responders to determine the location of a caller who is injured or held captive and unable to communicate his or her … Continue Reading

FCC Acts to Speed 5G Rollouts

In a much ballyhooed action on September 26, the Federal Communications Commission (“FCC” or “Commission”) took another stride in its effort to clear away regulatory and administrative obstacles to 5G cell site construction via the issuance of a Declaratory Ruling and Third Report and Order in a proceeding titled “In the Matter of Accelerating Wireless … Continue Reading

CBRS: The Path Ahead

The Citizens Broadband Radio Service (CBRS) was originally envisioned as a true people’s broadband radio service – one that would be either free or highly affordable for small, locally-based operations of limited breadth and duration. The paradigm was a conscious break from the Metropolitan Statistical Area – or- larger sized service areas with 10-year renewable … Continue Reading

FCC Issues Big Fines to Sprint and Mobilitie for Siting Violations

(But Doesn’t Offer Much Explanation as to Details or Guidance for Future Acceptable Action) On April 10, the FCC released Orders and associated Consent Decrees resolving investigations into alleged violations of the site registration and/or pre-construction environmental review procedures by Sprint and Mobilitie. In the past, the Commission has made it clear that it means … Continue Reading

One Small Step for Cell Sites: FCC Finds that Replacing Utility Poles is Unlikely to Affect Historical Properties

The Federal Communications Commission has taken a very tiny step toward eliminating unnecessary obstacles to the installation of communications facilities on existing structures without triggering historic review obligations. For the last year, the FCC has been reviewing the various regulatory obstacles that are hindering, delaying, and making more expensive the process of establishing new cell … Continue Reading

Major Changes Sought in Nascent Citizens Broadband Radio Service

The Citizens Broadband Radio Service (CBRS) has not even been born yet, but already major industry players want to change its basic character.  CBRS, as its name implies, was conceived and approved by the FCC a couple of years ago as a broadband service for locally-focused businesses.  The regulatory paradigm included both a large swathe … Continue Reading

D.C. Circuit Finds FCC’s Unlawful Give-Away of Licenses Unreviewable

In a unanimous decision, the D.C. Circuit Court of Appeals this week rejected a claim by small wireless carrier NTCH, Inc. the FCC had unlawfully awarded thousands of licenses to Verizon Wireless in violation of the Communications Act. The case arose out of Verizon’s application in 2012 to acquire numerous licenses from SpectrumCo, a consortium … Continue Reading

FCC Overhauls Lifeline Program

Faster, simpler, cheaper process, but no greater support The federal Lifeline program – a program overseen by the FCC and originally designed to provide subsidized phone service to low-income households – has never been a model of efficiency or consistency. Four years ago the Commission tried to tighten things up on the Lifeline front. And … Continue Reading

The FCC’s Tower Approval Process: Round and Round It Goes, When Will It Stop? Nobody Knows!

FCC OK’s reopening of seemingly closed historic review process … eight years after the question is raised. Getting governmental approval to build a tower can take a long time. As a recent FCC decision demonstrates, it can take a lot longer when the government can’t decide when the approval process has come to an end. … Continue Reading
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