Law Commons^™

Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg

Federal Communications Law Journal

With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …

Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard

Federal Communications Law Journal

Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.

Fcc Reform: Governing Requires A New Standard, William H. Read, Ronald Alan Weiner

Federal Communications Law Journal

Perhaps one of the most crucial questions legislators need to address after passing the 1996 Act is the reform of the Federal Communications Commission. Some suggest that the Commission should be abolished altogether, while others recommend merely curtailing some of the Commission's responsibilities. However, true reform of the FCC recognizes that the Commission still has a vital role to play in the shaping of the telecommunications industry. Instead of dismantling the FCC altogether, Congress should redefine the public interest standard under which the FCC operates. The 1934 Communications Act charged the Federal Communications Commission with protecting "the public interest." While …

How Far Is Too Far? The Line Between "Offensive" And "Indecent" Speech, Milagros Rivera-Sanchez

Federal Communications Law Journal

Defining "indecency" in the context of radio broadcast seems quite a chore. While the Federal Communications Commission has struggled to set fbrth workable guidelines for "indecency," a great deal of uncertainty continues to surround broadcasters. Recognizing this confusion, the article surveys indecency complaints which were made to the FCC between 1989 and 1995 and eventually dismissed. An analysis of cases which the FCC fbund "not actionably indecent" helps delineate the FCC's decency standard. Dismissed cases are also compared and contrasted with cases in which the FCC took action against a broadcaster

Regulating Competition In The Interexchange Telecommunications Market: The Dominant/Nondominant Carrier Approach And The Evolution Of Forbearance, Scott M. Schoenwald

Federal Communications Law Journal

Although significant competition began to develop in the interexchange market during the mid-twentieth century, the Federal Communications Commission did not undertake a meaningful effort to regulate competitive forces until it commenced its Competitive Carrier rulemaking in 1979. This proceeding, which adopted a market power approach to rate, tariff, and facilities regulation in order to enhance competition, service diversity, and consumer welfare, constituted a fundamental change in the Commission's monopoly-based regulatory approach to telecommunications. The author examines the market power approach to the regulation of competition in the interexchange telecommunications market recently adopted by the FCC, with an emphasis on the …

Understanding The Telecommunications Act Of 1996, Christopher H. Sterling

Federal Communications Law Journal

Books Reviewed:

Guidebook to the Telecommunications Act of 1996; by Charles D. Ferris, Frank W. Lloyd, and Howard J. Symons; Matthew Bender & Co., Inc. (1996); 298 pages

The Telecommunications Act of 1996: Special Report; by Peter W. Huber, Michael K. Kellogg, and John Thorne; Little, Brown & Co. (1996); 428 pages

Telecommunications Act Handbook: A Complete Reference For Business; by Leon T. Knauer, Ronald K. Machtley, and Thomas M. Lynch; Government Institutes (1996); 620 pages

Legal Guide to Broadcast Law and Regulation; by the National Association of Broadcasters (5th ed. 1996); 700 pages

The Telecommunications Act of 1996: What …

Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley

Federal Communications Law Journal

This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.