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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

In this month’s Telephone and Texting Compliance News, we cover new FCC deadlines for gateway provider obligations and enforcement actions, including removing a non-compliant provider from the robocall mitigation database, ordering providers to block a student loan scam calling campaign, and proposed fines against companies that failed to comply with the reassigned numbers database. We also review Eleventh Circuit decisions halting a TCPA appeal on the basis of standing and rejecting a professional plaintiff’s TCPA claim, plus a Ninth Circuit decision remanding a TCPA case about insurance coverage.

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Read about new FCC deadlines for gateway provider obligations and recent enforcement actions against illegal robocalling. These actions include removing a non-compliant provider from the robocall mitigation database, ordering providers to block a student loan scam calling campaign, and proposing fines for failure to comply with the reassigned numbers database.

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Our Telephone Calling and Texting Compliance Developments newsletter covers an FCC Notice U.S.-based voice service providers of enforcement action if they continue to accept or facilitate traffic from Urth Access, LLC, the agency’s Notice of Inquiry seeking information on the non-IP technology in the nation’s phone networks, and a Ninth Circuit decision eliminating potential ambiguity concerning the definition of an automatic telephone dialing system in the TCPA.

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The FCC’s Enforcement Bureau issued a so-called K4 Notice informing all U.S.-based voice service providers that continuing to accept or facilitate traffic from Urth Access, LLC may result in enforcement action being taken against them. The agency also adopted a Notice of Inquiry seeking information on the non-IP technology in the nation’s phone networks.

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Our TCPA newsletter covers the FCC’s proposal to require mobile providers to block illegal text messages and apply caller ID authentication technology to text messages, Orders to start the process of removing seven voice service providers from the Robocall Mitigation Database, and a pending Fourth Circuit appeal of a federal court’s certification of a class in a TCPA case without consideration of the defendant’s Established Business Relationships with the named plaintiffs.

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The FCC is seeking comment on a proposal to require mobile providers to block illegal text messages and apply caller ID authentication technology to text messages, issued Orders starting the process of removing seven voice service providers from the Robocall Mitigation Database, and issued a notice that it is considering seeking comment on non-IP technology in the nation’s phone networks and how it impacts the Commission’s work to stop robocalls. 

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Our TCPA newsletter covers the FCC’s selection of the USTelecom-led Industry Traceback Group to continue as the registered traceback consortium, an updated MOU aimed at combatting unwanted robocalls signed by the FCC and the Body of European Regulators for Electronic Communications, and a Florida federal district court ruling on the Florida Telephone Solicitation Act.

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The FCC’s Enforcement Bureau selected USTelecom-led Industry Traceback Group to continue as the registered traceback consortium. Also, the FCC and the Body of European Regulators for Electronic Communications signed an updated MOU that includes a focus on combatting unwanted robocalls and the promotion of 5G and other next-generation communications technologies.

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The FCC’s Wireline Competition Bureau (WCB) issued a Public Notice seeking comment on two recurring obligations relating to the FCC’s caller ID authentication rules, and the FCC and Canadian Radio-television and Telecommunications Commission (CRTC) signed a Memorandum of Understanding aimed at combatting unlawful robocalling.

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Our TCPA newsletter covers an FCC Public Notice seeking comment on obligations relating to the FCC’s caller ID authentication rules and the FCC’s MOU with the Canadian Radio-television and Telecommunications Commission to combat robocalling. It also reviews an Eleventh Circuit holding that every class member must have standing in order for plaintiffs to recover individual damages in a TCPA class action.

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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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