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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.

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.
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viewpoints

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.

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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.

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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.

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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.

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We report on the FCC Enforcement Bureau’s new “Spring Cleaning” initiative designed to combat unlawful robocalling campaigns. We also review the Bureau’s cease-and-desist sent to Veriwave Telco LLC to stop transmitting illegal call traffic on its network. Finally, we examine the Commission’s recent communication and plans to reinforce the initiative.

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Telephone and Texting Compliance News — April 2024

April 29, 2024 | Article | By Russell Fox, Jonathan P. Garvin

We report on the FCC Enforcement Bureau’s new “Spring Cleaning” initiative designed to combat unlawful robocalling campaigns. We also review the Bureau’s cease-and-desist sent to Veriwave Telco LLC to stop transmitting illegal call traffic on its network. Finally, we examine the Commission’s recent communication and plans to reinforce the initiative.

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Read about the FCC’s recent initiatives to strengthen international and domestic partnerships against illegal robocalls, the FTC amending the telemarketing sales rule to add a recordkeeping requirement, and the FCC’s compliance dates for new texting rules.

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Telephone and Texting Compliance News — March 2024

March 27, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Crystal Lopez, Esteban Morales

Read about the FCC’s recent initiatives to strengthen international and domestic partnerships against illegal robocalls, the FTC amending the telemarketing sales rule to add a recordkeeping requirement, the FCC’s compliance dates for new texting rules, and recent district court decisions such as Woodard v. Health Insurance Alliance and Forteza v. Affordable Auto Shield, which confirm courts nationally continue to scrutinize and dismiss complaints that fail to support plaintiffs' TCPA claims.

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Telephone and Texting Compliance News — February 2024

March 1, 2024 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales

Read about the FCC’s confirmation that the TCPA bars AI-generated voices, rules strengthening texting consent revocation rightsza, and the removal of 13 entities from the robocall mitigation database, plus the Fourth Circuit’s decision in Career Counseling, Inc. v. AmeriFactors Fin. Grp., LLC, which upheld the denial of class certification in a TCPA case.

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Read about the FCC’s confirmation that the TCPA bars AI-generated voices, rules strengthening texting consent revocation rights, and the removal of 13 entities from the robocall mitigation database.

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News & Press

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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©.

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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.

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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.

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In the latest guide, Mintz garnered rankings as a top national firm in eight practice areas, and 32 firm attorneys were individually recognized.
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Events & Speaking

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
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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.

Recognition & Awards

  • Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 – 2023)

  • Best Lawyers in America: Communications Law (2019 – 2024)

  • Martindale-Hubbell AV Preeminent

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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.

Involvement

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