Open Access. Powered by Scholars. Published by Universities.®
- Publication Type
Articles 1 - 3 of 3
Full-Text Articles in Law
The Fcc’S Main Studio Rule: Achieving Little For Localism At A Great Cost To Broadcasters, David M. Silverman, David N. Tobenkin
The Fcc’S Main Studio Rule: Achieving Little For Localism At A Great Cost To Broadcasters, David M. Silverman, David N. Tobenkin
Federal Communications Law Journal
Localism, the communications law policy that requires spectrum licensees to serve the needs of local communities, represents a bedrock concept in the Communications Act and the Federal Communications Commission’s jurisprudence. The Commission’s sixty-year-old main studio rule provides a vivid example of this principle. Broadcasters often find compliance with this rule difficult and an exercise in form over substance, raising legitimate questions about the continued need and rationale for the rule. This Article examines the rule’s evolution and its current problematic state, and analyzes whether its modification or elimination would better conserve the resources of both broadcasters and the Commission, without …
Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser
Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser
Publications
No abstract provided.
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Publications
Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …