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Full-Text Articles in Law
Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison
Unplanned Obsolescence: Interpreting The Automatic Telephone Dialing System After The Smartphone Epoch, Walter Allison
Michigan Law Review
Technology regulations succeed or fail based upon their ability to regulate an idea. Constant innovation forces legislators to draft statutes aimed at prohibiting the idea of a device, rather than a specific device itself, because new devices with new capacities emerge every day. The Telephone Consumer Protection Act (TCPA) is a federal statute that imposes liability based on the idea of an automatic telephone dialing system (ATDS). But the statute’s definition of the device is ambiguous. The FCC struggles to coherently apply the definition to new technologies, and courts interpret the definition inconsistently. Federal circuit courts have split over these …
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Michigan Law Review
Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Choosing Between The Necessity And Public Interest Standards In Fcc Review Of Media Ownership Rules, Peter Dicola
Michigan Law Review
Section 202(h) of the Telecommunications Act of 1996, as amended, directs the Federal Communications Commission ("FCC") to review its media ownership rules every four years. But the statute contains an ambiguity regarding the standard of review that the FCC must apply during such proceedings. To retain a particular media ownership regulation, must the FCC merely show that the regulation advances one of the FCC's three public-interest goals for media: competition, diversity, and localism-applying a "public interest" standard? Or must the FCC meet the higher burden of demonstrating that the regulation is also indispensable for maintaining competition, diversity, or localism at …
American Broadcasting And The First Amendment, René L. Todd
American Broadcasting And The First Amendment, René L. Todd
Michigan Law Review
A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.
Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.
Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.
Michigan Law Review
A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review
Michigan Law Review
The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review
Michigan Law Review
Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2
Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review
Administrative Law-Community Representatives Have Standing To Challenge Fcc License Renewal-Office Of Communication Of United Church Of Christ V. Fcc, Michigan Law Review
Michigan Law Review
When the owners of a Jackson, Mississippi television station applied to the Federal Communications Commission (FCC) for a renewal of their broadcast license, representatives of the local Negro community filed a petition with the Commission, requesting it to deny the renewal. Petitioners contended that a renewal of the applicant's license would not be in the public interest since the station had consistently violated the Commission's "fairness doctrine" which requires broadcasters to encourage and implement a fair presentation of all sides of any controversial public issue discussed over their facilities. Specifically, petitioners alleged that, in its local programs dealing with racial …
Administrative Law--Procedure--Right Of Interention In Fcc Rate-Making Proceeding, Jon E. Denney
Administrative Law--Procedure--Right Of Interention In Fcc Rate-Making Proceeding, Jon E. Denney
Michigan Law Review
In response to a petition of the Western Union Telegraph Company, the Federal Communications Commission began an investigation of the American Telephone and Telegraph Company's tariff charges on its "telpak" service. The American Communications Association, a trade union representing Western Union workers in the New York City area, petitioned to intervene. The hearing examiner's decision to deny intervention was affirmed by the Commission. A motion for reconsideration was also denied by the FCC because the union failed to show how its intervention in the proceeding would assist the Commission in determining the issues, as required by the rule reserving to …
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Regulation Of Business - Antitrust Laws - Effect Upon A Subsequent Antitrust Suit Of Fcc Approval Of An Exchange Of Television Stations, John F. Powell S.Ed.
Michigan Law Review
United States v. Radio Corporation of America-Creation of independent regulatory agencies presented the courts with the problem of allocating jurisdiction whenever the determination of proper judicial action was found to require the resolution of issues which an administrative agency was competent to resolve. To meet this problem the doctrine of "primary jurisdiction" was developed whereby administrative issues are to be decided by the agency prior to the court's determination of issues not within the realm of the agency. Application of the doctrine is based on the need for efficient and uniform agency regulation and the desirability of utilizing agency …
Parties To Administrative Proceedings, Paul Oberst
Parties To Administrative Proceedings, Paul Oberst
Michigan Law Review
It is the purpose of this article to examine the statutory provisions, and the regulations and practices of the federal agencies, dealing with the rights of third persons, along with the relevant judicial decisions. The rights of third persons to notice, to participation in the hearing, and to appeal will be considered in turn. In general, the ultimate purposes of an administrative hearing are to inform the agency, to serve as a check upon arbitrary action, and to enable the individuals who will be affected by the decision to confront their opponents and to present their case in its best …