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 — April 2023
April 28, 2023 | Article | By Russell Fox, Jonathan P. Garvin
In this month’s Telephone and Texting Compliance News, we report on a rule in an FCC Report and Order requiring mobile wireless providers to block SMS and MMS text messages purportedly from certain numbers registered on a Do-Not-Originate list and requiring carriers to designate a point of contact to receive senders’ reports of erroneous blocking issues. We also cover FTC efforts to stop illegal robocalls originating overseas from reaching Americans’ phones.
Telephone and Texting Compliance News: New Robotexing Rule to Become Effective in May and the FCC Seeks Further Comment on Additional Requirements
April 28, 2023 | Article | By Russell Fox, Jonathan P. Garvin
The FCC established a new rule requiring mobile wireless providers to block SMS and MMS text messages purportedly from North American Numbering Plan numbers registered on a reasonable Do-Not-Originate (DNO) list and requiring carriers to designate a point of contact to whom senders may report erroneous blocking issues.
Telephone and Texting Compliance News: Federal Trade Commission Takes On Overseas Robocallers
April 28, 2023 | Article | By Russell Fox, Jonathan P. Garvin
The FTC is increasing its efforts to stop illegal robocalls that originate overseas from reaching Americans’ phones. Project Point of No Entry targets Voice over Internet Protocol service providers that serve as “point of entry” or gateway providers.
Telephone and Texting Compliance News — March 2023
March 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin
In this month’s Telephone and Texting Compliance News, we report on the FCC’s Sixth Caller ID Authentication Report and Order, which added a call authentication requirement for the first (non-gateway) intermediate provider in the path of an unauthenticated SIP call, extended Robocall Mitigation Database filing requirements, and increased the Enforcement Bureau’s tools to combat robocalling. We also cover the Industry Traceback Group’s report on its progress, working together with law enforcement, in combatting robocalling in 2022.
Telephone and Texting Compliance News: Regulatory Update — Industry Traceback Group Publishes Report Showing Decrease in Illegal Calling
March 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin
Read about the Industry Traceback Group’s recent report on the progress the ITG, working with law enforcement, including the Commission, made against illegal robocalling in 2022.
Telephone and Texting Compliance News: Regulatory Update — FCC Extends STIR/SHAKEN Mandate to Intermediate Providers
March 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC’s Sixth Caller ID Authentication Report and Order, which added a call authentication requirement for the first (non-gateway) intermediate provider in the path of an unauthenticated SIP call, extended the Robocall Mitigation Database filing requirements, and increased the Enforcement Bureau’s tools to combat robocalling.
Telephone and Texting Compliance News — February 2023
February 28, 2023 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Crystal Lopez
In this month’s Telephone and Texting Compliance News, we report on the FCC’s cease-and-desist letter against repeat robocaller OneEye LLC, a bill reintroduced in the US House that would increase robocalling penalties, and Twilio’s move to block mortgage scam robocallers from accessing its platform, plus a petition to the Ninth Circuit requesting an en banc review of a case on the definition of an ATDS, Borden v. E-Financial, LLC.
Telephone and Texting Compliance News: Regulatory Update — FCC Takes Action Against Repeat Robocaller, Legislators Seek Higher Robocalling Penalties, Twilio Stops Illegal Robocallers
February 28, 2023 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC’s cease-and-desist letter against repeat robocaller OneEye LLC, a bill reintroduced in the House of Representatives that would increase robocalling penalties, and Twilio’s action to stop mortgage scam robocallers.
Telephone and Texting Compliance News — January 2023
January 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin, Joshua Briones, Esteban Morales
In this month’s Telephone and Texting Compliance News, we cover the FCC’s first report on STIR/SHAKEN Caller ID authentication framework technologies, its ruling clarifying robocalling consent rules and upholding call limits, and FCC Enforcement Bureau actions against companies involved in mortgage scam robocalling, plus a Third Circuit decision upholding summary judgment in favor of the defendant in a TCPA case involving a one-page fax about a free educational seminar.
Telephone and Texting Compliance News: Regulatory Update — Commission Submits Stir/Shaken Report to Congress, Clarifies Robocalling Consent Rules and Upholds Call Limits, Targets Mortgage Scam Robocalling
January 31, 2023 | Article | By Russell Fox, Jonathan P. Garvin
Read about the FCC’s first report on STIR/SHAKEN Caller ID authentication framework technologies, its ruling clarifying robocalling consent rules and upholding call limits, and FCC Enforcement Bureau actions against companies involved in mortgage scam robocalling.
News & Press
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 – 2024)
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
Recent Insights
Telephone and Texting Compliance News — June 2024
June 28, 2024| Article|
