H. Russell Frisby, Jr.   Fleischman and Harding Session: Using Interconnection as a Strategic Advantage

Education:
Yale Law School, J.D., 1975
Swarthmore College, B.A., 1972

Mr. Frisby is a partner who focuses his practice on regulatory and corporate matters affecting entities in the energy, communications, and technology areas.  He has represented clients in a wide variety of matters, including litigation, before the Federal agencies, state utility commissions and federal courts.  As part of his practice, Mr. Frisby has served as special counsel to several large municipalities and has testified before several Congressional committees on various issues.  He has also represented clients in numerous corporate matters and on assorted public policy issues.   In this capacity he is currently serving as Spokesperson for Marylanders for Reliable Power, an organization whose goal is to raise public awareness about the need to ensure the continued supply of reliable power through increased transmission, generation and conservation.  Mr. Frisby was recently elected Chair of the American Bar Association’s (ABA) Section of Administrative Law and Regulatory Practice.

Professional Background
Prior to joining Fleischman and Harding, Mr. Frisby was CEO of the Competitive Telecommunications Association (CompTel).  With 350 members, CompTel is the largest association representing global and national competitive telecommunications companies and their supplier partners. The association’s membership includes telecom and energy companies of all sizes and profiles that provide voice, data and video services in the U.S. and around the world.

As CEO, Mr. Frisby not only directed the association’s activities, he also led industry advocacy efforts including frequent testimony before Congress, Federal and State regulatory commissions, and state legislatures.  He also gave numerous speeches and authored a plethora of articles and op-eds. 

Previously, Mr. Frisby served as Chairman of the Maryland Public Service Commission. During his tenure, the Commission was renowned for its pro-competitive policies in telecommunications, gas and electricity matters.  Mr. Frisby participated in a number of key decisions, including the Telecommunications Act arbitration proceedings, various rate cases and the electric industry restructuring.

Mr. Frisby’s experience in utility law began in 1979 when he joined the Common Carrier Bureau of the FCC as an Attorney-Advisor.  While in the Common Carrier Bureau, Mr. Frisby was an author of the Commission’s landmark Final Decision in the Second Computer Inquiry which deregulated terminal equipment and enhanced services, and established pro-competitive regulations.  He also served as Staff Director of the FCC’s Conference on Enterprise Opportunities for Minorities in Telecommunications.  He served as Legal Assistant to FCC Commissioner Joseph R. Fogarty and was involved in a number of major FCC decisions.

In 1983, Mr. Frisby followed Fogarty into private practice, where he served as lead counsel for the District of Columbia Government in various utility cases, and represented other parties in utility cases and proceedings in a number of states.  In addition, Mr. Frisby represented clients before the United States Supreme Court and Federal agencies.

Professional/Civic Activities
Throughout his career, Mr. Frisby has been active in public affairs and civil rights. He served as Counsel to the Minority Business Enterprise Legal Defense and Education Fund, Inc. and represented it before the United States Supreme Court in the Croson case.  He also served as Counsel of Record for the Congressional Black Caucus before the Supreme Court in the Adarand case.  In 1989, Mr. Frisby received the Fund’s Charles Hamilton Houston Award for his outstanding skill, dedication, and commitment through legal representation on behalf of the national minority business community.

Active in local civic affairs, Mr. Frisby was the founding chair of the Baltimore City Chamber of Commerce.  He has also served on numerous boards, including the Board of Directors of the Afro-American Newspapers, the Baltimore Museum of Art, the Baltimore Urban League, the B&O Railroad Museum, and the United Way of Central Maryland.

In addition to his other interests, Mr. Frisby has been involved in a number of bar activities. As noted previously, he is Chair of the ABA’s Section of Administrative Law and Regulatory Practice.  He has served as Vice Chair of the NARUC Committee on Telecommunications, Chair of the ABA Coordinating Group on Energy Law, and served on the Section Council of ABA’s Administrative Law Section.  Mr. Frisby is also a member of the FCC’s Advisory Committee on Diversity in the Digital Age.

Mr. Frisby’s other professional activities include:

National Association of Regulatory Utilities Commissioners (Former Vice Chair, Telecommunications Committee; Former Chair, Consumer Issues Policy Group)

Energy Bar Association

Federal Communication Bar Association

American Bar Association (Chair and Past Council Member, Section of Administrative

Law and Regulatory Practice,

      Past Budget Officer, Co-Chair, Communications Committee,

      Chair 2004 Spring Meeting; Past Secretary, ABA Conference of Minority Partners; Past

      Chairman, Federal Regulation Subcommittee, Telecommunications Committee, Section of

      Corporation, Banking and Business Law)

      Life Fellow of the American Bar Foundation

Maryland State Bar Association (Member, Section Council, Section on Legal Education and

      Admissions to the Bar)

      Life Fellow of the Maryland Bar Foundation

District of Columbia Bar Association

Monumental City Bar Association

National Bar Association

Court Admissions 
      United States Supreme Court
      Maryland Court of Appeals
      United States District Court for the District of Maryland
      United States District Court for the District of Columbia
      Court of Appeals of the District of Columbia
      United States Court of Appeals for the District of Columbia Circuit

Bar Admissions 
      Bar of District of Columbia
      Bar of Maryland 
 
Speaking Engagements
Mr. Frisby speaks regularly before industry conferences, financial analysts and Congressional committees on utility and technology issues.  A complete list of these appearances, including relevant supporting content where applicable, is available upon request.

Honors and Awards
• Charles Hamilton Houston Award (Minority Business Enterprise Legal Defense and
  Education Fund, Inc.) 1989