Sara M. Baxenberg

Sara offers counsel on a variety of regulatory, litigation, transactional, and compliance matters affecting the telecommunications, uncrewed aircraft system, and automotive industries and other sectors that rely on emerging technologies.

Representative Matters

• Assists clients in developing strategy for and preparing comments, petitions, and other pleadings in complex proceedings before the Federal Communications Commission (FCC), including rulemaking proceedings, licensing and transactional matters, and enforcement proceedings.
• Provides advocacy and compliance counseling regarding the evolving regulation of uncrewed aircraft systems (UAS or drones), including through participation in Federal Aviation Administration (FAA) rulemaking proceedings, legal advocacy related to state and local UAS regulation and issues of federal preemption related thereto, representing industry stakeholders in trial and appellate litigation regarding UAS laws, and providing counsel in areas such as spectrum policy at the intersection of UAS and telecommunications.
• Represents clients in appellate matters related to telecommunications, spectrum, aviation, and emerging technologies.
• Represents communications providers and trade associations in litigation matters before state and federal courts involving communications infrastructure siting.
• Provides counsel on FCC regulatory regimes impacted by national security issues, including the Secure Networks Act and the Secure Equipment Act.
• Advises clients in the telecommunications, automotive, and emerging technology industries on compliance with FCC regulations and other laws that help to ensure technology is accessible to persons with disabilities.
• Representative matters include:
• League of California Cities v. FCC, No. 20-71765 (9th Cir.): Represents CTIA – The Wireless Association as an intervenor on behalf of the FCC in appeal challenging FCC declaratory ruling that clarified regulations governing modifications to existing wireless towers or base stations.
• DronePrepared: helped to create, and provides legal counsel for, DronePrepared, a policy campaign spearheaded by Wiley’s client the Association for Uncrewed Vehicle Systems International (AUVSI) that educates state and local policymakers about federal regulation of the airspace and the ability of states and localities to pass laws that relate to advanced aviation that will pass muster under federal law.
• Crown Castle Fiber LLC v. City of Rochester, No. 6:20-CV-06866 (W.D.N.Y.): Represents Crown Castle in litigation against the City of Rochester challenging the City’s excessive fees on telecommunications infrastructure in City rights of way; secured favorable decision on summary judgment regarding the applicability of the FCC’s 2018 Small Cell Order to Crown Castle’s claims.
• ITS America v. FCC, 21-1130 (D.C. Circuit): Represented automotive industry and state highway and transportation officials in challenge to FCC order reallocating a portion of the 5.9 GHz spectrum band (the Safety Band).
• Brennan v. Dickson, No 21-1087 (D.C. Circuit): Submitted amicus brief on behalf of AUVSI in successful defense of the FAA’s regulations requiring drone manufacturers and operators to implement and use capabilities that enable the remote identification of aircraft and control stations during flight.
• City of Portland v. United States, No. 18-72689 (9th Cir.): Represented the wireless industry as intervenors in successful defense of the FCC’s 2018 Small Cell and Moratorium Orders that clarified preemptive provisions in the Communications Act related to the deployment of telecommunications infrastructure. 
• City of Austin v. Abbott, No 1:17-cv-806 (W.D. Texas): Represented defendant Crown Castle in successful defense of state law promoting small cell deployment against challenge by the City of Austin under Section 253 of the Communications Act.
• Singer v. City of Newton, No. 17-10071 (D. Mass.): Submitted amicus brief on behalf of AUVSI in successful challenge to the City of Newton’s UAS regulations, which were held preempted by federal law.

Professional Experience

• Legal Intern, Massachusetts Department of Elementary and Secondary Education (2013)
• Law Clerk, Center for Law and Education (2012)

Affiliations

• Leadership Council on Legal Diversity (LCLD), 2023 Fellow
• Federal Communications Bar Association (FCBA)

• Consumer Protection Committee Co-Chair (2021-present)
• Membership & Marketing and Social Media Committees, Co-Chair (2019-2021)

Recognitions

• Listed by Chambers USA as an “Associate to Watch” (2022) in Telecom, Broadcast & Satellite

• Recognized by The Legal 500 US in Telecom and Broadcast: Regulatory (2022)