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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)
  • Recommended by The Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2018)

Involvement

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

Viewpoints

Viewpoint

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?

March 20, 2019 | Article | By Russell Fox, Radhika Bhat, Elana Safner

TCPA Regulatory Update: Who Qualifies as a “Sender” under the Junk Faxes Rule?
Viewpoint

Monthly TCPA Digest – March 2019

March 20, 2019 | Article | By Alexander Hecht, Jennifer Lynn Kelly, Joshua Briones, Anne-Marie Dao, Russell Fox, Radhika Bhat, Elana R. Safner

This month we consider who qualifies as a “sender” under the Junk Faxes Rule, provide an update on the HANGUP and TRACED bills, and review a Whole Foods case that asks whether the Bristol-Meyers ruling applies to class actions.
Viewpoint

Monthly TCPA Digest – February 2019

February 25, 2019 | Article | By Joshua Briones, Alexander Hecht, Jennifer Lynn Kelly, Elana R. Safner, Radhika Bhat, Russell Fox

This issue covers the FCC’s adoption of a proposal to extend anti-spoofing rules to calls originating outside the US, the continued push for call authentication and blocking, and renewed efforts to pass the Stopping Bad Robocalls Act.
Viewpoint

TCPA Regulatory Update - February 2019

February 25, 2019 | Article | By Russell Fox, Radhika Bhat, Elana R. Safner

This issue covers the FCC’s adoption of a proposal to extend anti-spoofing rules to calls originating outside the US, the continued push for call authentication and blocking, and renewed efforts to pass the Stopping Bad Robocalls Act.
Viewpoint

Monthly TCPA Digest – January 2019

January 16, 2019 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Anne-Marie Dao, Elana R. Safner, Jennifer Lynn Kelly, Crystal Lopez, Esteban Morales, Nicole Ozeran, Natalie Prescott

This TCPA Digest covers an FCC petition on how the TCPA defines telemarketing and dual purpose and an Eighth Circuit holding for an insurance carrier based on record-keeping.
Viewpoint
Although the Federal Communications Commission (“FCC”) has been affected by the government shutdown, it released several TCPA items in late December before it suspended most operations due to the lapse in funding.
Viewpoint

TCPA Regulatory Update – FCC Establishes Reassigned Numbers Database and Adopts Safe Harbor

December 17, 2018 | Article | By Russell Fox, Radhika Bhat, Elana R. Safner

The FCC held its last open meeting of 2018 on December 12, approving two items related to the Telephone Consumer Protection Act (“TCPA”) as part of its busy year-end agenda.
Viewpoint

Monthly TCPA Digest – December 2018

December 17, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Radhika Bhat, Anne-Marie Dao, Elana R. Safner, Jennifer Lynn Kelly, Crystal Lopez, Esteban Morales, Nicole Ozeran, Natalie Prescott

This TCPA Digest examines recently introduced Congressional bills focused on combatting robocalls and the FCC’s order to establish a single reassigned numbers database.
Viewpoint

TCPA Regulatory Update – November 2018

November 19, 2018 | Article | By Russell Fox, Radhika Bhat, Elana R. Safner

Deploy Call Authentication Technology by 2019 or Else, FCC Tells Voice Providers; FCC Eliminates 2006 Solicited Fax Rule; FCC Reviews Comments on IHS Markit Petition for Emergency Declaratory Ruling; FCC Continues to Review Comments, Meet with Stakeholders, and Analyze Implications of Marks v. Crunch
Viewpoint

Monthly TCPA Digest – November 2018

November 19, 2018 | Article | By Joshua Briones, Russell Fox, Alexander Hecht, Jennifer Lynn Kelly, Radhika Bhat, Anne-Marie Dao, Crystal Lopez, Esteban Morales, Nicole Ozeran, Natalie Prescott, Elana R. Safner

This TCPA Digest covers the Supreme Court’s decision to hear the PDR Network, LLC v. Carlton & Harris Chiropractic case and provides news from the FCC, including a notice to voice providers that action will be taken if the industry-led call authentication system doesn’t materialize soon.

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

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