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Russell H. Fox

Member

RFox@mintz.com

+1.202.434.7483

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With over 35 years in 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.

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.

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.

Education

  • Duke University (JD)
  • University of Rochester (BA)

Experience

Transactions

  • Represented T-Mobile before the Federal Communications Commission (FCC) in its acquisition of radio spectrum covering operations in Montana and Wyoming. The approval was predicated on securing a waiver of the FCC’s rules because the previous holder of the spectrum licenses failed to construct the station as required, which would have otherwise caused cancellation of the licenses subject to the transfer request. Against heavy opposition, the FCC approved the transaction and waiver request.
  • 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.

FCC Regulation

  • Serve as primary outside counsel to Wi-Fi Alliance on FCC regulatory matters. Among the many successes Wi-Fi has enjoyed with our assistance is increased access to spectrum and the expected initiation of an important rulemaking proceeding that will allow the Wi-Fi industry access to even more spectrum that will support advanced technologies.
  • Assisted Trimble Inc., a major manufacturer of GPS equipment, defend a threat by an entity that wished to propose a service in adjacent frequency spectrum that would have threatened 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 its successful participation in an FCC auction of advanced wireless service spectrum.
  • Successfully drafted new rules on which the FCC has sought comment on behalf of Radwin, a manufacturer of advanced telecommunications equipment that manufactures products constrained by FCC rules.

Recognition & Awards

  • Martindale-Hubbell AV Preeminent
  • Best Lawyers in America: Communications Law (2019 – 2020)
  • Recommended by the Legal 500 United States for Telecom & Broadcast: Regulatory (2017 - 2019)

Involvement

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

Viewpoints

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Voice Service Providers, FCC in Thick of SHAKEN/STIR Implementation; Comments Sought on Reassigned Numbers Database Tech Requirements
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This newsletter covers recent TCPA appellate decisions by the 7th and 11th Circuit Courts and provides an update on the industry’s progress on call blocking.
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Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
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Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
Technology Viewpoints Thumbnail
Our first TCPA Digest of 2020 provides insight into the Supreme Court’s decision to hear the potentially game-changing Barr TCPA case and a list of deadlines related to the recently enacted TRACED Act.
Read more
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Mintz’s December TCPA Digest covers consensus robocall legislation passed by the House of Representatives, recent TCPA-related orders from the FCC, and court decisions allowing fraud claims to proceed against serial TCPA plaintiffs.
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Read about TCPA-related orders from the FCC authorizing a company to use its d/b/a name in voice messages and clarifying that an online fax service falls is not a “telephone facsimile machine."
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Mintz’s November TCPA Digest covers Capital One’s Petition for Declaratory Ruling as well as the influence of the Ninth Circuit’s Marks ruling on recent TCPA decisions.
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Events

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