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.
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.
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.
viewpoints
Telephone and Texting Compliance News — September 2024
September 30, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Grecia A. Rivas
Read about an FCC Report and Order commissioners will vote on individually that encompasses two other pending orders related to call-blocking, text-message blocking, and making e-mail-to-text an opt-in service. This month’s newsletter also covers a Florida federal court’s dismissal of a TCPA class action involving a text message and multiple calls stemming from the plaintiff’s disclosure of her phone number during a store survey.
Telephone and Texting Compliance News: Regulatory Update — Federal Communications Commission to Consider New Call and Text Blocking Rules, Expand Other Requirements
September 30, 2024 | Article | By Russell Fox, Jonathan P. Garvin
Read about an FCC Report and Order commissioners will vote on individually that encompasses two other pending orders related to call-blocking, text-message blocking, and making e-mail-to-text an opt-in service. As drafted, the order declines to impose several call and text blocking requirements.
Telephone and Texting Compliance News: Regulatory Update — FCC Resolves Investigation of Lingo Telecom, Finalizes Proposed Rulemaking on AI in Robocalling
August 27, 2024 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC’s adoption of a Notice of Apparent Liability against voice service provider Lingo Telecom, a proposed FCC rulemaking focused on AI-generated robocalls and robotexts, and its Notice of Inquiry seeking comment on protecting privacy in connection with calls made using AI technologies.
Telephone and Texting Compliance News — August 2024
August 27, 2024 | Article | By Russell Fox, Joshua Briones, Jonathan P. Garvin, Esteban Morales
Read about the FCC’s adoption of a Notice of Apparent Liability against voice service provider Lingo Telecom, its proposed rulemaking focused on AI-generated robocalls and robotexts, and its Notice of Inquiry seeking comment on protecting privacy in connection with calls made using AI technologies, plus a Texas federal court decision that provides guidance on when a call or text message qualifies as telemarketing and requires heightened consent.
Telephone and Texting Compliance News: Regulatory Update — FCC Acts Against Provider Facilitating Tax Robocalls and Initiates Proceedings on Robocall Mitigation Database & AI in Robocalling
July 29, 2024 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC’s Initial Determination Order against Veriwave Telco, a provider facilitating illegal tax robocalls, and draft Notices of Proposed Rulemaking related to Robocall Mitigation Database procedures and AI-related issues in robocalling that will be considered at its August Open Meeting.
Telephone and Texting Compliance News — July 2024
July 29, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Sofia Nuño
Read about the FCC’s Initial Determination Order against a provider facilitating illegal tax robocalls and draft Notices of Proposed Rulemaking related to Robocall Mitigation Database procedures and AI-related issues in robocalling, plus a New York federal court’s decision in Cacho v. McCarthy & Kelly, which provides valuable insights into TCPA compliance and defense strategies post-Chevron.
Telephone and Texting Compliance News — June 2024
June 28, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Nadia Zivkov
Read about a North American Number Council meeting that will focus on possible new obligations for interconnected VoIP providers that obtain direct access to numbers and resellers of numbers, a Maryland federal court’s decision that a defendant in a TCPA case had not obtained prior express written consent via phone to make certain telemarketing calls, and a Fourth Circuit opinion on fax advertisements under the TCPA.
Telephone and Texting Compliance News: Regulatory Update — FCC Announces Meeting of the North American Numbering Council
June 28, 2024 | Article | By Russell Fox, Jonathan P. Garvin
Read about a North American Numbering Council meeting scheduled for December, at which the council will consider imposing new obligations on interconnected VoIP providers that obtain direct access to numbers and on resellers of numbers.
Telephone and Texting Compliance News — May 2024
May 31, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales, Grecia A. Rivas
Read about the FCC’s cease-and-desist letter ordering Alliant Financial to mitigate unlawful traffic, its Enforcement Advisory classifying a group of repeat robocallers as a Consumer Communications Information Services Threat, and its adoption of two Notices of Apparent Liability focused on an illegal robocalling scheme amid the New Hampshire presidential primary, plus Second and Third Circuit decisions involving automatic telephone dialing systems (ATDS) and Eleventh Circuit guidance on class settlements in a case involving an ATDS.
Telephone and Texting Compliance News: Regulatory Update — FCC Takes Action Against Alliant, Deems Repeat Robocaller Group as “Significant Threat,” Issues Two Notices About Robocalling Scheme Amid NH Primary
May 31, 2024 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC Enforcement Bureau’s Public Notice about the unlawful traffic transmitted by Alliant Financial, its cease-and-desist letter ordering the company to mitigate such traffic, and its Enforcement Advisory classifying a group of repeat robocallers as a Consumer Communications Information Services Threat, plus the FCC’s adoption of two Notices of Apparent Liability focused on an illegal robocalling scheme during the New Hampshire presidential primary.
News & Press
The Best Lawyers in America 2025 Recognizes 184 Mintz Attorneys across 56 Practice Areas
August 15, 2024
187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.
Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.
BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.
Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.
Mintz Practice Groups and Attorneys Garner Top Rankings in 2020 Edition of The Legal 500 United States
June 12, 2020
Mintz Attorney Russell H. Fox to Speak at 2013 mHealth Summit
December 09, 2013
Events & Speaking
Robocalling and Robotexts: What Consent is Necessary and Recent Changes in FCC Regulation
MyLawCLE
Virtual Event
Five Steps to 5G: Prepping for the Next Generation
3580 Carmel Mountain Road, Suite 300, San Diego, CA 92130
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.
Recognition & Awards
Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 – 2023)
Best Lawyers in America: Communications Law (2019 – 2025)
Martindale-Hubbell AV Preeminent
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.
Involvement
- Member, Federal Communications Bar Association
- Fellow, Radio Club of America