With over 35 years in the wireless telecommunications industry, Russell is among the most experienced wireless communications attorneys in the country. Unique among his peers, Russell assists clients on federal legislative, regulatory, and transactional matters. He analyzes legislation on behalf of clients, participates in proceedings before the FCC and other federal agencies, negotiates spectrum agreements, and represents wireless providers in spectrum auctions. He is also frequently consulted on matters involving US spectrum use and policy.
Whether they are in the middle of a transaction with difficult regulatory issues, working with Congress on legislative drafting, or securing critical operational authority, clients value Russell’s accessibility and ability to find creative solutions. He works with major telecommunications providers, trade associations, equipment manufacturers, public safety organizations, and entrepreneurs proposing new products or services.
Before joining the firm, Russell was a partner and head of the telecommunications department in the Washington office of a major Chicago-based law firm, where he represented users and providers of telecommunications services and equipment. Previously, he was the executive director and president of the American SMR Network Association, Inc., where he established offices of a national trade association representing a segment of the wireless telecommunications industry.
Education
- Duke University (JD)
- University of Rochester (BA)
Experience
Transactions
- Represented T-Mobile before the Federal Communications Commission (FCC) in its acquisition of radio spectrum covering operations in Montana and Wyoming. The approval was predicated on securing a waiver of the FCC’s rules because the previous holder of the spectrum licenses failed to construct the station as required, which would have otherwise caused cancellation of the licenses subject to the transfer request. Against heavy opposition, the FCC approved the transaction and waiver request.
- Represented Straight Path Communications, as it entered into a historic Consent Decree with the Federal Communications Commission (FCC), in its merger with Verizon Communications Inc. The Consent Decree permitted Straight Path to retain its most high-value FCC licenses in the face of an FCC investigation into potential rule violations. As a result of the Consent Decree, Straight Path was able to enter into an agreement with Verizon for $3.1 billion in value.
FCC Regulation
- Serve as primary outside counsel to Wi-Fi Alliance on FCC regulatory matters. Among the many successes Wi-Fi has enjoyed with our assistance is increased access to spectrum and the expected initiation of an important rulemaking proceeding that will allow the Wi-Fi industry access to even more spectrum that will support advanced technologies.
- Assisted Trimble Inc., a major manufacturer of GPS equipment, defend a threat by an entity that wished to propose a service in adjacent frequency spectrum that would have threatened the reception of GPS signals.
- Successfully negotiated a consent decree with the FCC under which Radwin, a manufacturer of advanced telecommunications equipment, was able to pay a modest forfeiture penalty and implement a compliance program. Radwin marketed equipment in the U.S. in a manner inconsistent with the FCC's rules.
- Assisted T-Mobile in its successful participation in an FCC auction of advanced wireless service spectrum.
- Successfully drafted new rules on which the FCC has sought comment on behalf of Radwin, a manufacturer of advanced telecommunications equipment that manufactures products constrained by FCC rules.
Recognition & Awards
- Martindale-Hubbell AV Preeminent
- Best Lawyers in America: Communications Law (2019)
- Recommended by The Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2018)
Involvement
- Member, Federal Communications Bar Association
- Fellow, Radio Club of America
Recent Insights
Viewpoints
Monthly TCPA Digest – July 2019
July 18, 2019|Article
News & Press
Viewpoints
TCPA Regulatory Update: Anti-Spoofing Vote, SHAKEN/STIR Robocall Summit, Letters on Robocall Blocking Progress, and the Established Business Relationship Exception
July 19, 2019 | Article | By Russell Fox, Elana R. Safner
Monthly TCPA Digest – July 2019
July 18, 2019 | Article
This issue covers recent TCPA-related FCC activity, pending robocall legislation, and a class action ruling in the Eight Circuit upholding a significant reduction in TCPA damages.
TCPA Class Action Update: Dish Network on the Hook for $61 Million for Third-Party Agent’s TCPA Violation
June 17, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner
On May 30, 2019, the U.S. Court of Appeals for the Fourth Circuit upheld a $61 million class action judgment against Dish Network for its violation of the Telephone Consumer Protection Act. Krakauer v. Dish Network, Case No 18-1518 (4th Cir. May 30, 2019). The lead plaintiff, Thomas Krakauer, submitted his phone number to the national Do Not Call Registry in 2003 but was still called by Dish’s vendor, Satellite System Networks (SSN). This judgment sounds a warning to all companies: if you contract with third-party vendors for marketing purposes, seek assurances and closely monitor the vendor’s compliance with applicable federal regulations. Otherwise, you may be on the hook.
Monthly TCPA Digest – June 2019
June 17, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Esteban Morales, Matthew Novian, Elana R. Safner
This TCPA Digest covers an FCC rule allowing default call blocking services and a 4th Circuit ruling upholding a $61M judgment against Dish Network for a third-party agent's actions.
TCPA Regulatory Update: FCC Allows Default Call Blocking Services, Plans SHAKEN/STIR Summit
June 17, 2019 | Article | By Russell Fox, Elana Safner
Monthly TCPA Digest – May 2019
May 13, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Matthew Novian, Elana R. Safner
This TCPA Digest covers congressional bills to combat illegal robocalls, TCPA matters at the FCC, and a 4th Circuit ruling that voided the TCPA's federal debt-collection exemption.
TCPA Regulatory Update: Petitions on Reassigned Numbers Database and Junk Faxes; Opposition to Possible Reconsideration of the Broadnet Declaratory Ruling
May 13, 2019 | Article | By Russell Fox, Elana R. Safner
Fourth Circuit Strikes Down Federal Debt-Collection Exemption to the TCPA
April 29, 2019 | Alert | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner
Read about the Fourth Circuit’s American Association of Political Consultants decision, which struck down the federal debt collection exemption to the TCPA.
Monthly TCPA Digest – April 2019
April 17, 2019 | Article | By Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner
This TCPA Digest covers comments on FCC proposals to modify the Truth in Caller ID rules, how the TCPA could impact the 2020 Census, and congressional hearings and legislation about robocalls.
TCPA Regulatory Update: FCC on NPRMs and Petitions; the 2020 Census
April 17, 2019 | Article | By Russell Fox, Elana R. Safner
The FCC continues to review comments and meet with parties in a variety of TCPA-related proceedings, but the agency did not vote on any TCPA items at the Commission’s April open meeting.
News & Press
Mintz Attorney Russell H. Fox to Speak at 2013 mHealth Summit
December 09, 2013
Events
Speaker
Feb
28
2019
Five Steps to 5G: Prepping for the Next Generation
3580 Carmel Mountain Road, Suite 300, San Diego, CA 92130
Speaker
Speaker
Apr
13
2016
Speaker
Mar
8
2016