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Articles 1 - 16 of 16
Full-Text Articles in Law
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Federal Communications Law Journal
The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
Federal Communications Law Journal
Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …
Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips
Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips
Federal Communications Law Journal
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 diversity and localism 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. The 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 …
Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho
Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho
Federal Communications Law Journal
With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …
Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan
Rethinking The Communications Decency Act: Eliminating Statutory Protections Of Discriminatory Housing Advertisements On The Internet, James D. Shanahan
Federal Communications Law Journal
The recent decision in Craigslist signals a drastic reduction in the effectiveness of the prohibition on discriminatory housing advertisements under the Fair Housing Act ("FHA"). Section 230 of the Communications Decency Act gives blanket immunity to Internet Content Providers from publisher liability for content originating from third parties. One of the effects of this immunity is the creation of a monopoly for discriminatory advertisements otherwise proscribed by the FHA. This Note argues that the simplest solution for Congress is to adjust the language of § 230 by adding the FHA to the list of exceptions to statutory immunity.
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher Yoo
Keeping The Internet Neutral?: Tim Wu And Christopher Yoo Debate, Tim Wu, Christopher Yoo
Federal Communications Law Journal
"Net neutrality" has been among the leading issues of telecommunications policy this decade. Is the neutrality of the Internet fundamental to its success, and worth regulating to protect, or simply a technical design subject to improvement? In this debate-form commentary, Tim Wu and Christopher Yoo make clear the connection between net neutrality and broader issues of national telecommunications policy.
Fundamental Reform In Public Safety Communications Policy, Jon M. Peha
Fundamental Reform In Public Safety Communications Policy, Jon M. Peha
Federal Communications Law Journal
Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.
The communications systems used by first responders in the U.S. are inadequate, primarily because of outdated and ineffective public policy. Fundamental reform is needed, and the upcoming digital TV transition provides an outstanding opportunity. This Article describes options available to policymakers, if they act soon.
Who Controls The Internet? A Review, Deborah J. Salons
Who Controls The Internet? A Review, Deborah J. Salons
Federal Communications Law Journal
Book Review: Who Controls the Internet? Illusions of a Borderless World, Jack Goldsmith and Tim Wu, Oxford University Press 2006.
Ms. Salons reviews Who Controls the Internet? Illusions of a Borderless World, Oxford University Press, 2006. Authored by Jack Goldsmith and Tim Wu, the book provides a history of the Internet and analyzes the nexus between globalization and government coercion. The book focuses on how these agents have shaped and developed the Internet as we are familiar with it today.
Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser
Communicating During Emergencies: Toward Interoperability And Effective Information Management, Philip J. Weiser
Federal Communications Law Journal
Symposium: The Crisis in Public Safety Communications. Held at the Mercatus Center at George Mason University, December 8, 2006.
To change the culture and realities of public safety communications, this Article calls on policymakers to develop a new architecture for the use of information and communications technologies and provide a framework for leadership to transition to a next generation system for public safety communications. Such a culture change would include not only an embrace of new technologies, but a new framework for technology leadership--at the state or regional level-that spurs decision making in a coordinated fashion (and not through ad …
Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer
Of Rules And Standards: Reconciling Statutory Limitations On "Arising Under" Jurisdiction, Richard D. Freer
Indiana Law Journal
No abstract provided.
Judicial Review Of Agency Noncompliance With Public Land Manuals, Robert L. Fischman
Judicial Review Of Agency Noncompliance With Public Land Manuals, Robert L. Fischman
Articles by Maurer Faculty
No abstract provided.
The Telecommunications Economy And Regulation As Coevolving Complex Adaptive Systems: Implications For Federalism, Barbara A. Cherry
The Telecommunications Economy And Regulation As Coevolving Complex Adaptive Systems: Implications For Federalism, Barbara A. Cherry
Federal Communications Law Journal
Satisfying the constraints for sustainable regulatory telecommunications policies is more challenging for regulatory regimes based on competition than monopoly. In an earlier paper, Johannes Bauer and I used complexity theory to improve our understanding of the requirements for sustainable telecommunications policies, showing that regulation has a diminishing capacity to achieve specifically desired outcomes and greater attention must be paid to the adaptability of policies and policymaking processes themselves. The present Article examines the implications of the complexity theory perspective for federalism. Federalism is a distinctive (patching) algorithm that confers system advantages for adaptability through diversity and coupling of policymaking jurisdictions-mechanisms …
Competition After Unbundling: Entry, Industry Structure, And Convergence, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
Competition After Unbundling: Entry, Industry Structure, And Convergence, George S. Ford, Thomas M. Koutsky, Lawrence J. Spiwak
Federal Communications Law Journal
In the last few years, U.S. telecoms policy has shifted from encouraging the sharing of existing networks to facilitating the deployment of advanced communications networks. Given the large capital expenditures required for these networks, there can be only a few of such networks. In light of the natural forces that limit the number of facilities-based suppliers, it is vital for policymakers to investigate and implement rules that make markets more conducive to facilities-based entry and eliminate any existing rules that discourage deployment. The purpose of this Article is to provide a simple conceptual framework to evaluate the effect of particular …
Necessary Knowledge For Communications Policy: Information Asymmetries And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
Necessary Knowledge For Communications Policy: Information Asymmetries And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
Federal Communications Law Journal
Communications policymaking increasingly relies upon research derived from large-scale databases manufactured and marketed by commercial organizations. One byproduct of this situation is that substantial inequalities in access to these data arise. These information asymmetries can result in research that fails to reflect the policy considerations of the full range of interested stakeholders. This Article explores these issues via a case study of the FCC's 2003 media ownership proceeding and offers suggestions for how existing disparities in access to policy-relevant data might be addressed.
Does Video Delivered Over A Telephone Network Require A Cable Franchise?, Robert W. Crandall, J. Gregory Sidak, Hal J. Singer
Does Video Delivered Over A Telephone Network Require A Cable Franchise?, Robert W. Crandall, J. Gregory Sidak, Hal J. Singer
Federal Communications Law Journal
This Article examines whether, on legal or policy grounds, video services provided over a telephone network should be regulated as a traditional cable service or whether a different approach is warranted. The Authors find that municipal franchise requirements for video services provided over telephone networks would reduce consumer welfare. The Authors estimate that, even without considering any welfare gains owing to higher quality, the consumer welfare gains from entry exceed the potential loss in franchise fee revenue to municipalities by a factor of nearly three to one.
Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan
Echelon's Effect: The Obsolescence Of The U.S. Foreign Intelligence Legal Regime, Matt Bedan
Federal Communications Law Journal
The technological progress of the past thirty years has vastly increased the surveillance capabilities of the global intelligence community. At the same time, the law governing the use of this technology and its consequent information has remained largely static. This lack of adjustment, for better or worse, has rendered federal foreign intelligence surveillance law irrelevant in many respects.