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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 – 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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What's New in 5G - January 2021

January 6, 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.
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Read about the FCC’s Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers and its proposal to establish a web portal to collect info about robocalls.
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Monthly TCPA Digest — December 2020

December 16, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

Mintz’s December TCPA Digest covers the oral argument in the Supreme Court’s Facebook, Inc. v. Duguid case about the TCPA’s definition of an ATDS and TCPA-related activity at the FCC, including its Order requiring many federal and state government contractors to obtain prior consent to make calls to consumers.
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What's New in 5G - December 2020

December 3, 2020 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

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TCPA Regulatory Update — FCC Releases Public Notice on Filing for Voluntary STIR/SHAKEN Implementation Exemptions for Early Implementers & Reviews Comments on Section 8 of the TRACED Act
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Monthly TCPA Digest — November 2020

November 13, 2020 | Article | By Joshua Briones, Russell Fox, Matthew Novian, Elana R. Safner

This issue covers Johnson v. NPAS Sols., LLC, a class action in which the 11th Circuit invalidated the use of incentive awards for named plaintiffs, a decision that could discourage the filing of TCPA class actions nationwide. The newsletter also provides early implementers with tips on filing for voluntary STIR/SHAKEN implementation exemptions.
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Russell Fox and Angela King discuss the FCC’s announcement that it is accepting applications for the Connected Care Pilot Program, which will make $100 million available to help health care providers defray the costs of connected care services.
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What's New in 5G - November 2020

November 2, 2020 | Blog | By Russell Fox, T. Scott Thompson, Angela Kung, Daniel P. Reing, Christen B'anca Glenn

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Monthly TCPA Digest — October 2020

October 20, 2020 | Article | By Joshua Briones, Russell Fox, Crystal Lopez, Elana R. Safner

Mintz’s October TCPA Digest covers Creasy v. Charter Communications, Inc., a federal district court ruling that deems autodialed calls and text messages made during the past five years unconstitutional under the TCPA, and recent TCPA-related activity at the FCC.
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Read about the FCC’s ongoing implementation of the TRACED Act aimed at reducing robocalls, including a proposed rulemaking process seeking comment on TCPA exceptions.
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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