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Russell H. Fox

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+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

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
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Read about recent TCPA cases and FCC comment periods on automatic telephone dialing systems, call blocking technologies, and a proposed emergency use exemption to the TCPA.
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Comments are due in a number of important TCPA proceedings in October. In response to a major decision out of the Ninth Circuit last month, which further entrenched a circuit split regarding interpretations of the definition of an automatic telephone dialing system (“ATDS”), the FCC released a Public Notice seeking comment on that definition. Additionally, the FCC is currently reviewing and evaluating comments on provider-initiated call blocking technologies and other technological solutions to the problem of unwanted and illegal robocalls. Finally, the FCC released a Public Notice seeking comment on motor vehicle recalls and the emergency purposes exemption to the TCPA’s prior consent requirement. While no major orders addressing components of the TCPA have been released, it is clear that the FCC is teeing up possible revisions to its TCPA rules to reflect recent court decisions.
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It has been a quiet month for TCPA-related business at the Federal Communications Commission (“FCC”), with no major Commission releases addressing the TCPA. The Commission is busy reviewing comments on a number of Petitions on Public Notices, and comments on its Additional Call Blocking Methods Public Notice (reported in our August TCPA Update) are due later this month.
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In this issue, we look at industry comments on the FCC’s report on robocalling and efforts to urge the agency to reconsider its reassigned numbers database proposal. In addition, we examine a recent circuit split on what constitutes an automatic telephone dialing system (ATDS) in the Third and Ninth Circuits and what that means for TCPA defendants. The split follows the D.C. Circuit’s May 2018 decision in ACA International v. Federal Communications Commission, which set aside the FCC’s “unreasonably expansive interpretation” of what constitutes an automatic telephone dialing system.

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This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10th. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

Read more
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call-blocking and methods to eliminate illegal robocalls.

Read more
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You will also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

Read more
This issue provides insurance information for companies facing TCPA lawsuits and identifies the types of policies and provisions that may offer coverage. You'll also find an update on the status of the proposed reassigned numbers database as well as information about a new FCC Public Notice, released August 10. Comments on the Public Notice are expected to lay the groundwork for the FCC’s next major action on call blocking and methods to eliminate illegal robocalls.

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This issue includes an update on activity at the FCC, specifically the agency’s progress in evaluating comments received in several ongoing TCPA proceedings. In addition, in our Class Action Update, we look at the current understanding of what constitutes an ATDS and why, in the wake of ACA International, it may be more difficult for plaintiffs to demonstrate that the companies they are suing used ATDS devices.

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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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