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Russell H. Fox

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[email protected]

+1.202.434.7483

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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 – 2020)
  • Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2019)

Involvement

  • Member, Federal Communications Bar Association
  • Fellow, Radio Club of America

Viewpoints

Viewpoint General
We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in addition to covering the FCC’s continuing work to review comments submitted on past petitions and discussions with stakeholders regarding ongoing TCPA proceedings, we report on a new Petition for Declaratory Ruling, filed by Capital One, which asks if the company may use a confirmation text to clarify the scope of a recipient’s opt-out request. The FCC’s response to this question will interest many businesses that use text messages to reach out to their customers.
Viewpoint General

Monthly TCPA Digest – November 2019

November 11, 2019 | Article | By Joshua Briones, Russell Fox, Esteban Morales, Elana R. Safner

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month, in addition to covering the FCC’s continuing work to review comments submitted on past petitions and discussions with stakeholders regarding ongoing TCPA proceedings, we report on a new Petition for Declaratory Ruling, filed by Capital One, which asks if the company may use a confirmation text to clarify the scope of a recipient’s opt-out request. The FCC’s response to this question will interest many businesses that use text messages to reach out to their customers. In our Class Action Update, we look at how, or if, the Ninth Circuit’s 2018 Marks ruling — considered groundbreaking because it appeared to expand the definition of what constitutes an Automatic Telephone Dialing System (ATDS) — has influenced Ninth Circuit decisions in recent TCPA cases.
Viewpoint General

Monthly TCPA Digest – October 2019

October 15, 2019 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This month’s newsletter from Mintz’s TCPA & Consumer Calling Practice delivers insight on California’s Consumer Call Protection Act and TCPA-related activity at the FCC.
Viewpoint General
FCC Releases Public Notice on Soundboard Technology and List of Recommendations on Robocall Blocking
Viewpoint General

Monthly TCPA Digest – September 2019

September 18, 2019 | Article

This issue covers recent TCPA-related activity at the FCC, a new partnership between attorneys general and major phone carriers, and the 11th Circuit’s Salcedo decision.
Viewpoint General
FCC Reviews Reply Comments on Opt-Out Call-Blacking, Attorneys General and Carriers Join Forces to Fight Robocalls
Viewpoint General

Monthly TCPA Digest – August 2019

August 14, 2019 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

This TCPA Digest reviews FCC anti-spoofing rules covering spoofing outside the U.S. directed at US consumers and an 11th Circuit decision that the FCC's solicited fax rule is invalid.
Viewpoint General
The FCC unanimously adopted revised anti-spoofing rules, implementing part of the RAY BAUM’s Act, at its August meeting. The Second Report and Order extends the FCC’s Truth in Caller ID rules to encompass malicious spoofing activities originating outside the U.S. that are directed at consumers within the U.S. It also expands the scope of communications covered by the Truth in Caller ID rules beyond telecommunications services and interconnected voice over Internet Protocol (“VoIP”) services to include text messaging and alternative voice services, such as one-way VoIP services.
Viewpoint

FCC Seeks Big Role in Telemedicine with New Fund

July 31, 2019 | Blog | By Russell Fox, Jonathan R. Markman

$100 million in Federal funds may soon become available to help healthcare providers cover the costs of broadband and connected care services. Earlier this month, the Federal Communications Commission (FCC) voted on a proposal, on which it will seek public comment, for a new “Connected Care Pilot Program,” and the comment period on that proposal has now begun. The proposed program would direct money to telehealth initiatives, especially for medically underserved populations like low-income families and veterans. The money would come from the Universal Service Fund (USF), which is an existing fund of fees paid by telecommunications service providers currently used for a variety of purposes.

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
Apr
13
2016

Broadband and Cable Industry Law 2016

Practising Law Institute (PLI)

Webinar

Speaker