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Russell H. Fox

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[email protected]

+1.202.434.7483

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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.

Russell provides advice to all participants in the robocall/robotext ecosystem. He assists those that make calls, such as health care providers, utilities and vendors on how to structure messaging campaign. He also provides guidance on the appropriate wording for terms and conditions accepted by call recipients. He also counsels communications providers on call handling, including call blocking obligations.

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 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.

Legislative

  • Advised CTIA, the national wireless trade association in the eventual adoption of the TRACED Act, which mandates that communications providers take actions to prevent illegal robocalls.

FCC Regulation

  • Serve as primary outside counsel to Wi-Fi Alliance on FCC regulatory matters. Help spearhead efforts to make an additional 1200 megahertz of spectrum available for Wi-Fi, a significant increase in spectrum capacity.
  • Assisted Trimble Inc., a major manufacturer of GPS equipment, challenge grant of a license to an entity that proposes a service in adjacent frequency spectrum that would threaten 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 urging the adoption of rules governing the so-called "C-band" which was subsequently auctioned and generated more revenues than any other FCC auction.

Recognition & Awards

  • Martindale-Hubbell AV Preeminent
  • Best Lawyers in America: Communications Law (2019 – 2021)
  • Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2020)

Involvement

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

Viewpoints

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TCPA Regulatory Update — Dates Set for Compliance with TRACED Act

April 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

Read about an FCC order requiring compliance with Section 10 of the TRACED Act by May 6, 2021 and the January 1, 2022 deadline for voice service providers to implement systems to notify callers immediately when calls are blocked.
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The FCC issued a record $225 million fine against a pair of robocallers and its Enforcement Bureau issued cease-and-desist letters to eight voice providers.
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TCPA Regulatory Update — Lawmakers Respond to SCOTUS Facebook Auto-Dialer Ruling

April 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

Read about a joint statement issued by Congressional lawmakers about their plans to introduce legislation to counter the U.S. Supreme Court’s ruling in Facebook v. Duguid, which held that under the TCPA, an automatic telephone dialing system must be able to perform random or sequential number generation.
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Monthly TCPA Digest — April 2021

April 16, 2021 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Esteban Morales

The April 2021 TCPA Digest discusses the FCC’s record $225 million fine against a pair of robocallers, Congressional lawmakers’ response to the SCOTUS Facebook auto-dialer ruling, compliance dates for the TRACED Act, and a U.S. magistrate judge’s recommendation, based on the Facebook ruling, not to dismiss a TCPA case.
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What's New in 5G - April 2021

April 2, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here. Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.” Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments. This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
Read more
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Supreme Court Narrows Scope of TCPA in Landmark Autodialer Ruling

April 1, 2021 | Blog | By Joshua Briones, Russell Fox, Esteban Morales, Matthew Novian, Geanette Foster

In a unanimous decision, the Supreme Court expressly overturned the Ninth Circuit’s decision in Marks v. Crunch San Diego, LLC, by holding, “to qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” See Facebook v. Duguid, 592 U.S. (2021). “Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”
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Monthly TCPA Digest — March 2021

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

Our March issue covers calls for the FCC to fix a recent Report and Order that would require prior express written consent rather than merely prior express consent for informational prerecorded or artificial voice calls to a residential number. In addition, we cover a Senate bill that would increase fines for “spoofing,” the practice of masking caller ID information.
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TCPA Legislative Update — Bipartisan Senate Bill Would Increase Fines for Spoofing

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

The Anti-Spoofing Penalties Modernization Act of 2021, S. 594, has been referred to the Senate Committee on Commerce, Science and Transportation, of which two of the bill’s co-sponsors, Senators Gary Peters (D-MI) and Kyrsten Sinema (D-AZ), are members.
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TCPA Regulatory Update — Industry Calls on FCC to Fix TCPA Consent Rule

March 16, 2021 | Article | By Russell Fox, Jonathan P. Garvin

USTelecom, one of the largest telecommunications industry groups, has publicly joined the American Bankers Association (“ABA”) in asking the Commission to issue an erratum correcting its December 2020 Report and Order implementing Section 8 of the TRACED Act.
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What's New in 5G - March 2021

March 2, 2021 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

The next-generation of wireless technologies – known as 5G – is here.  Not only is it expected to offer network speeds that are up to 100 times faster than 4G LTE and reduce latency to nearly zero, it will allow networks to handle 100 times the number of connected devices, revolutionizing business and consumer connectivity and enabling the “Internet of Things.”  Leading policymakers – federal regulators and legislators – are making it a top priority to ensure that the wireless industry has the tools it needs to maintain U.S. leadership in commercial 5G deployments.  This blog provides monthly updates on FCC actions and Congressional efforts to win the race to 5G.
Read more

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