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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

The FCC Enforcement Bureau released an Initial Determination Order against One Owl Telecom, giving the company 14 days to respond to a finding of noncompliance with a notice requiring the company to stop illegal traffic. If One Owl failed to respond or to demonstrate compliance by the deadline, the Bureau will issue an order requiring all downstream providers to block all One Owl traffic within 30 days.

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In this month’s Telephone and Texting Compliance News, we report on upcoming hikes to the FTC’s National Do Not Call Registry access fees, the FCC’s record fine of nearly $300 million for robocalling and spoofing, and the FCC’s re-selection of a USTelecom-led industry group as its Registered Traceback Consortium.

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The FCC is increasing fees to access its DNC Registry as of October 1, the FCC re-selected a USTelecom-led industry group as its Registered Traceback Consortium, and the FCC set a new record for a robocall and spoofing fine.

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In this month’s Telephone and Texting Compliance News, we cover FCC deadlines for new voice service provider requirements, pending federal legislation that would give the FCC the authority to initiate litigation to enforce TCPA violations, the FCC’s participation in a federal and state multiagency initiative to combat scam calls, and a Ninth Circuit decision, which held that a phone line subscriber has standing to bring a TCPA case even though she wasn’t the recipient of the text message at issue.

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Read about the Commission’s effective date for requirements adopted in May for all voice service providers, legislation pending in Congress that would give the Commission more enforcement authority, and a joint initiative by the FCC, FTC, and state attorneys general to combat illegal robocalls aimed at committing fraud.

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Read about an FCC Notice of Proposed Rulemaking aimed at strengthening consumers’ ability to revoke consent to receive robocalls and robotexts.

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In this month’s Telephone and Texting Compliance News, we cover an FCC Notice of Proposed Rulemaking with proposed rules designed to strengthen consumers’ ability to revoke consent to receive robocalls and robotexts and a Third Circuit decision affirming an arbitration award of more than $286,000 to a credit card company for its fraud counterclaim in a TCPA case.

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Read about an FCC Enforcement Bureau action against a gateway provider found to have been transmitting suspected illegal traffic that requires voice service providers immediately downstream from One Eye LLC to block and cease accepting traffic from One Eye by June 12.

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In this month’s Telephone and Texting Compliance News, we cover an FCC Order imposing mitigation and blocking requirements on a broader set of providers, several Commission proposals that would expand requirements to block suspected illegal traffic, an FCC Enforcement Bureau Order requiring voice service providers that are immediately downstream from One Eye LLC to block and cease accepting One Eye’s traffic by June 12, Florida legislation that will reduce the scope and reach of Florida’s Telephone Solicitation Act, and a Florida appellate court ruling limiting the scope of the TCPA.

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Read about an FCC Order imposing mitigation and blocking requirements on a broader set of providers and FCC proposals that would expand requirements to block suspected illegal traffic.

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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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