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Articles 1 - 30 of 103
Full-Text Articles in Law
Editor's Note, Carl W. Butler
Editor's Note, Carl W. Butler
Federal Communications Law Journal
No abstract provided.
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
Federal Communications Law Journal
Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as …
Telric Vs. Universal Service: A Takings Violation?, Stuart Buck
Telric Vs. Universal Service: A Takings Violation?, Stuart Buck
Federal Communications Law Journal
While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
Federal Communications Law Journal
Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few …
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
Federal Communications Law Journal
As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then explore the …
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Federal Communications Law Journal
While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …
A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner
A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner
Federal Communications Law Journal
New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended …
Public Utility Law, B. Paige E. Holloway
Public Utility Law, B. Paige E. Holloway
University of Richmond Law Review
No abstract provided.
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman
ExpressO
In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky
Michigan Telecommunications & Technology Law Review
I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private communications. The …
Fair And Reasonable Compensation Means Just That: How § 253 Of The Telecommunications Act Preserves Local Government Authority Over Public Rights-Of-Way, Jennifer Amanda Krebs
Fair And Reasonable Compensation Means Just That: How § 253 Of The Telecommunications Act Preserves Local Government Authority Over Public Rights-Of-Way, Jennifer Amanda Krebs
Washington Law Review
Section 253(c) of the 1996 Telecommunications Act expressly preserves local government authority to require fair and reasonable compensation from telecommunications providers for use of public rights-of-way. Although local government authority to require compensation for franchises is based in state law, some courts have overlooked state law when evaluating the validity of franchise fees. In addition, courts have interpreted § 253(c) narrowly, allowing local governments to recover only direct costs. This narrow interpretation of § 253(c) contradicts its text and legislative history, as well as analogous United States Supreme Court precedent. Further, this interpretation could lead to unconstitutional results, by allowing …
Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler
Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler
ExpressO
This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.
The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative …
Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine
Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine
Daniel H. Erskine
Satellite radio may be becoming increasingly popular, but there is a little known drawback to the technology: it interferes with many existing wireless networks in place, such as cellular telephone service. This article looks at the legal implications that this interference causes and what kind of liability satellite operators like Sirius and XM Radio may face. Erskine includes a detailed description of how satellite radio operates and in turn describes how this operation causes the disruption. He then moves into a discussion of the current law surrounding the technology and different theories of liability, including tort theories. His approach is …
In Memoriam Fred Rogers (1928-2003)
In Memoriam Fred Rogers (1928-2003)
Federal Communications Law Journal
No abstract provided.
Television And The Public Interest, Newton N. Minow
Television And The Public Interest, Newton N. Minow
Federal Communications Law Journal
Speech Before the National Association of Broadcasters (May 9, 1961).
Letter Of Introduction, Lauren K. Robel
Letter Of Introduction, Lauren K. Robel
Federal Communications Law Journal
No abstract provided.
Editor's Note, Deborah J. Salons
Editor's Note, Deborah J. Salons
Federal Communications Law Journal
No abstract provided.
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
Federal Communications Law Journal
No abstract provided.
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Federal Communications Law Journal
No abstract provided.
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman
Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman
Federal Communications Law Journal
No abstract provided.
The “Vast Wasteland” Speech Revisited, Jonathan Blake
The “Vast Wasteland” Speech Revisited, Jonathan Blake
Federal Communications Law Journal
No abstract provided.
Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner
Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner
Federal Communications Law Journal
No abstract provided.
The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps
The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps
Federal Communications Law Journal
No abstract provided.
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
Federal Communications Law Journal
No abstract provided.
Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan
Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan
Federal Communications Law Journal
No abstract provided.
Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere
Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere
Federal Communications Law Journal
No abstract provided.
Forty Years Of Wandering In The Wasteland, Nicholas Johnson
Forty Years Of Wandering In The Wasteland, Nicholas Johnson
Federal Communications Law Journal
No abstract provided.
Coming Of Age In Minnesota, Jane E. Kirtley
Coming Of Age In Minnesota, Jane E. Kirtley
Federal Communications Law Journal
No abstract provided.