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Articles 1 - 30 of 39
Full-Text Articles in Entire DC Network
Net Neutrality: An Explainer, Kincaid C. Brown
Net Neutrality: An Explainer, Kincaid C. Brown
Law Librarian Scholarship
Net neutrality is the idea that internet services or broadband providers should treat all content streaming through their systems the same, and providers who use their discretion to create “fast lanes,” block particular content, or throttle (slow down) internet speeds are not in keeping with how the internet ought to work.
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh
Upper Level Writing Requirement Research Papers
Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …
Common Carriage’S Domain, Christopher S. Yoo
Common Carriage’S Domain, Christopher S. Yoo
All Faculty Scholarship
The judicial decision invalidating the Federal Communications Commission's first Open Internet Order has led advocates to embrace common carriage as the legal basis for network neutrality. In so doing, network neutrality proponents have overlooked the academic literature on common carriage as well as lessons from its implementation history. This Essay distills these learnings into five factors that play a key role in promoting common carriage's success: (1) commodity products, (2) simple interfaces, (3) stability and uniformity in the transmission technology, (4) full deployment of the transmission network, and (5) stable demand and market shares. Applying this framework to the Internet …
An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo
An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo
All Faculty Scholarship
Looking backwards on the occasion of Telecommunications Policy’s fortieth anniversary reveals just how far U.S. communications policy has come. All of the major challenges of 1976, such as promoting competition in customer premises equipment, long distance, and television networking, have largely been overcome. Moreover, new issues that emerged later, such as competition in local telephone service and multichannel video program distribution, have also largely been solved. More often than not, the solution has been the result of structural changes that enhanced facilities-based competition rather than agency-imposed behavioral requirements. Moreover, close inspection reveals that in most cases, prodding by the courts …
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Newsroom: Fcc's Sohn On Consumer Protection, Roger Williams University School Of Law
Life of the Law School (1993- )
No abstract provided.
The 4th Annual Professor Anthony J. Santoro Business Law Lecture Series: Consumer Protection In The Broadband Era: The Role Of The Fcc, Roger Williams University School Of Law
The 4th Annual Professor Anthony J. Santoro Business Law Lecture Series: Consumer Protection In The Broadband Era: The Role Of The Fcc, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Means And Ends In City Of Arlington V. Fcc: Ignoring The Lawyer's Craft To Reshape The Scope Of Chevron Deference, Michael P. Healy
Law Faculty Scholarly Articles
In last year's term, the United States Supreme Court considered the question of the scope of Chevron deference in City of Arlington v. FCC. This article discusses how the decision is an example of the work of an activist Court. The case should have been resolved by a straightforward determination under the analysis of United States v. Mead that Chevron deference simply did not apply to the Federal Communications Commission's (FCC) legal determination. The Court ignored this restrained approach to the case and instead addressed the question the Justices desired to decide: the reach of Chevron deference. The article …
Possible Paradigm Shifts In Broadband Policy, Christopher S. Yoo
Possible Paradigm Shifts In Broadband Policy, Christopher S. Yoo
All Faculty Scholarship
Debates over Internet policy tend to be framed by the way the Internet existed in the mid-1990s, when the Internet first became a mass-market phenomenon. At the risk of oversimplifying, the Internet was initially used by academics and tech-savvy early adopters to send email and browse the web over a personal computer connected to a telephone line via networks interconnected through in a limited way. Since then, the Internet has become much larger and more diverse in terms of users, applications, technologies, and business relationships. More recently, Internet growth has begun to slow both in terms of the number of …
Political Advertisements In The Era Of Fleeting Indecent Images And Utterances, Lavonda N. Reed-Huff
Political Advertisements In The Era Of Fleeting Indecent Images And Utterances, Lavonda N. Reed-Huff
College of Law - Faculty Scholarship
Political Advertisements in the Era of Fleeting Indecent Images and Utterances by LaVonda N. Reed-Huff This article is both timely and beneficial to the legal profession in its analysis of the Federal Communications Commission’s (the “FCC”) efforts to craft regulations regarding broadcast indecency and to address the prevalence of increasingly sexually suggestive material in political broadcast advertisements. This five-part article explores the statutory dilemma facing broadcasters who are presented political broadcast advertisements that contain indecent material. This dilemma is presented by the intersection of three federal statutes. One federal statute, 47 U.S.C. § 312, grants candidates for federal elective office …
Vol. 3 No. 1, Fall 2011; The Fcc's Net Neutrality Rules And Mobile Networks: Who Really Rules The Air?, Joseph Pumilia
Vol. 3 No. 1, Fall 2011; The Fcc's Net Neutrality Rules And Mobile Networks: Who Really Rules The Air?, Joseph Pumilia
Northern Illinois Law Review Supplement
The Internet has become an essential part of almost every American's life. The livelihood of many people and business are tied directly to the availability of the Internet. The Internet gives small businesses access to a market that allows them to reach customers all around the world. Many of these businesses have survived only because they are able to reach markets outside of their geographical area. More importantly, the Internet has become the primary platform for the expression and dissemination of ideas. Using the Internet, literally anyone can express themselves while reaching an audience that is unparalleled by any other …
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online, Jonathan Baker, Mark Bykowsky, Patrick Degraba, Paul Lafontaine, Eric Ralph, William Sharkey
The Year In Economics At The Fcc, 2010-11: Protecting Competition Online, Jonathan Baker, Mark Bykowsky, Patrick Degraba, Paul Lafontaine, Eric Ralph, William Sharkey
Articles in Law Reviews & Other Academic Journals
The past year in economics at the Federal Communications Commission focused on protecting competition in developing online markets. Our review discusses important economic issues that are raised by the FCC’s Open Internet rulemaking (which is commonly referred to as “net neutrality”) and its review of Comcast’s programming joint venture with General Electric’s NBC Universal affiliate. The Open Internet rule focused on established online markets, while the Comcast/NBCU transaction addressed nascent competition online along with competition in video programming and distribution offline.
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi
Plan B For Campaign-Finance Reform: Can The Fcc Help Save American Politics After Citizens United?, Lili Levi
Articles
No abstract provided.
Fcc V. Fox Television Stations, Inc.: Dirty Words And Messy Logic - The Supreme Court's Failure To Fix Broadcast Media Regulation, Edward J. Reilly
Fcc V. Fox Television Stations, Inc.: Dirty Words And Messy Logic - The Supreme Court's Failure To Fix Broadcast Media Regulation, Edward J. Reilly
Maryland Law Review Online
No abstract provided.
The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi
The Fcc's Affirmative Speech Obligations Promoting Child Welfare, Lili Levi
Articles
No abstract provided.
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
A "Pay Or Play" Experiment To Improve Children's Educational Television, Lili Levi
Articles
No abstract provided.
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Viewpoint Diversity And Media Consolidation: An Empirical Study, Daniel E. Ho, Kevin M. Quinn
Faculty Articles
One of the central predicates of legal regulation of media ownership is that ownership consolidation reduces substantive viewpoint diversity. Appellate courts and, in turn, the Federal Communications Commission have increasingly demanded evidence for this convergence hypothesis, but extant empirical measures of viewpoint diversity sidestep the problem, ignoring diversity, viewpoints, or both. Our Article develops and offers a finely tuned, time-varying statistical measure of editorial viewpoint diversity, based on a new database of over 1600 editorial positions in twenty-five top newspapers from 1988-2004. Using this new measure, we assess the validity of the convergence hypothesis by examining the evolution of editorial …
Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield
Property Rights In Spectrum: A Reply To Hazlett, Philip J. Weiser, Dale N. Hatfield
Publications
No abstract provided.
Summing Up The Public Interest. Review Of Media Diversity And Localism: Meaning And Metrics, Victoria F. Phillips
Summing Up The Public Interest. Review Of Media Diversity And Localism: Meaning And Metrics, Victoria F. Phillips
PIJIP Faculty Scholarship
Philip Napoli's Media Diversity and Localism: Meaning and Metrics is a thoughtful and first of its kind compilation of some of the ongoing research and scholarship examining the concepts of localism and diversity underlying the Federal Communications Commission's public interest standard in broadcasting. The collection of essays addresses these fundamental goals from a variety of disciplines beyond the law, including political science, communications policy, sociology, and economics. These essays explore the values associated with these two goals, apply performance metrics to assess existing regulatory policies intended to preserve and promote these goals, and reflect on their meaning in the new …
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
When Do Interest Groups Use Electronic Rulemaking?, John M. De Figueiredo
Faculty Scholarship
This paper analyzes how electronic rulemaking is affecting the propensity of interest groups to file comments and replies at the Federal Communications Commission. The paper shows that exogenous events and a handful of issues drive filing behavior. Implications of the analysis are discussed.
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron K. Perzanowski
Faculty Publications
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
The Fcc’S New Indecency Enforcement Policy And Its European Counterparts: A Cautionary Tale, Michael Botein, Dariusz Adamski
Articles & Chapters
No abstract provided.
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin
Scholarly Works
No abstract provided.
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski
Prometheus Radio Project V. Fcc: The Persistence Of Scarcity, Aaron Perzanowski
Articles
Part I traces the history of broadcast regulation, emphasizing the development of the scarcity doctrine and the subsequent deregulatory trend. Part II examines the FCC's 2003 rule changes and the Third Circuit's analysis of those modifications in Prometheus Radio Project v. FCC. Part III analyzes the assumptions underlying the FCC's proffered explanation for its rule changes, ultimately concluding that they lack justification, and offers suggestions for responsible ownership deregulation. Part IV calls on Congress to reassert itself as the final arbiter of media policy.
Ub Viewpoint – Hooray For Sinclair, Eric Easton
Ub Viewpoint – Hooray For Sinclair, Eric Easton
All Faculty Scholarship
No abstract provided.
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
On Media Consolidation, The Public Interest, And Angels Earning Wings, Victoria F. Phillips
PIJIP Faculty Scholarship
In one of his first speeches soon after being sworn in as a commissioner of the Federal Communications Commission, Michael Powell bemoaned the lack of an angel's visit to give him a clearer understanding of the guiding standard in broadcast regulation - the public interest. Without a clear message as to the public interest, he declared the standard too vague.
Five years later, and now serving as Chairman, Powell leads the charge for even further deregulation of the already deregulated broadcast industry. The most recent FCC decision relaxed a wide range of media ownership regulations remaining on the books and …
Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda
Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …
Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin
Commentary: Time To Hug A Bureaucrat, A. Michael Froomkin
Articles
No abstract provided.
The Rhetoric Of Legal Backfire, Robert A. Hillman
The Rhetoric Of Legal Backfire, Robert A. Hillman
Cornell Law Faculty Publications
This Article focuses on legal backfire claims. A claim of legal backfire constitutes the position that a law produces or will produce results directly contrary to one or more of those intended. Legal backfire claims are pervasive, yet potentially misleading and harmful argumentation used primarily to undermine existing law (or policy) or to forestall the enactment of new law. This Article analyzes many examples of legal backfire to suggest that the concept is often a rhetorical strategy for opposing the promulgation of new law or policy or for attempting to have existing law rolled back, and that actual legal backfires …
Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Reporting The Official Truth: The Revival Of The Fcc's News Distortion Policy, Lili Levi
Articles
No abstract provided.