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Editor's Note, Casey M. Holsapple Dec 2006

Editor's Note, Casey M. Holsapple

Federal Communications Law Journal

No abstract provided.


Broadcast Technology As Diversity Opportunity: Exchanging Market Power For Multiplexed Signal Set- Asides, Michael M. Epstein Dec 2006

Broadcast Technology As Diversity Opportunity: Exchanging Market Power For Multiplexed Signal Set- Asides, Michael M. Epstein

Federal Communications Law Journal

This Article proposes an access system based on a theory of quid pro quo: a bargained.for-exchange in which broadcasters would trade media access for market power. Under this quid pro quo approach, the FCC would administer a scaled metric whereby the greater a media company's audience reach, the more access that company must provide to citizens with diverse and local content. Since digital technology permits broadcasters to "multiplex" their television signal bandwidth into multiple signal programming streams, an opportunity exists for the government to require public access to one or more of these programming streams in return for ...


Municipal Broadband: Challenges And Perspectives, Craig Dingwall Dec 2006

Municipal Broadband: Challenges And Perspectives, Craig Dingwall

Federal Communications Law Journal

This Article reviews the status and challenges of municipal broadband and provides recommendations for responsible municipal broadband deployment. The Author reviews broadband demand; possible justifications for and the status of municipal broadband deployment; speed, feature, and price considerations; regulatory and technical issues; and relevant laws and legislation. The Author offers specific national policy recommendations and concludes that government/industry partnerships offer perhaps the best solution for municipal broadband deployment where broadband needs aren't met.


The Legal Status Of Spyware, Daniel B. Garrie, Alan F. Blakley, Mathew J. Armstrong Dec 2006

The Legal Status Of Spyware, Daniel B. Garrie, Alan F. Blakley, Mathew J. Armstrong

Federal Communications Law Journal

This Article examines the legal status of Spyware under federal and common law in the United States of America. The Authors begin with a technical overview of Spyware technology, which covers Spyware's functionality, methods of dispersion, and classification. The Authors then analyze the treatment of Spyware under the Computer Fraud and Abuse Act, the Stored Communications Act, the Wiretap Act, and under general tort claims of trespass to chattels, invasion of privacy, and intrusion upon seclusion. The Authors conclude that none of the aformentioned causes of action provide an adequate remedy at law for Spyware victims. Moreover, the Authors ...


Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail Dec 2006

Analyzing The World Bank's Blueprint For Promoting "Information And Communications", Sherille Ismail

Federal Communications Law Journal

Book Review: Information and Communications for Development 2006: Global Trends and Policies, issued by the World Bank.

This Review provides a summary and brief analysis of foreign private investment, the book's blueprint for reform, and how investments have fared in promoting economic growth and reducing poverty. The book is a valuable asset for governments, scholars, investors, and the international community seeking to serve end users in developing countries.


Masthead Vol.59 No.1 (2006) Dec 2006

Masthead Vol.59 No.1 (2006)

Federal Communications Law Journal

No abstract provided.


You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar Dec 2006

You Said What? The Perils Of Content-Based Regulation Of Public Broadcast Underwriting Acknowledgments, Andrew D. Cotlar

Federal Communications Law Journal

Public broadcast stations in the United States are forbidden to air promotional announcements in exchange for payment from commercial entities. However, these stations must acknowledge any financial contribution from donors that support particular programs without promoting the goods and services offered by those donors. While the FCC has attempted to maintain the conceptual distinction between promotional and nonpromotional information, it has struggled to apply this distinction within the context of an evolution in advertising practice.

As a result, many noncommercial educational licensees find it difficult to apply the FCC's rules. A careful analysis of how the FCC underwriting determinations ...


Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman Dec 2006

Opening Bottlenecks: On Behalf Of Mandated Network Neutrality, Bill D. Herman

Federal Communications Law Journal

This Article calls for mandated "network neutrality," which would require broadband service providers to treat all nondestructive data equitably. The Author argues that neutral networks are preferable because they better foster online innovation and provide a more equitable distribution of the power to communicate. Without mandated network neutrality, providers in highly concentrated regional broadband markets will likely begin charging content providers for the right to send data to end users at the fastest speeds available. The Author demonstrates that regional broadband competition and forthcoming transmission technologies are unlikely to prevent broadband discrimination, ad hoc regulation under current statutory authority is ...


The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer Dec 2006

The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer

Federal Communications Law Journal

In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As of ...


The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts Jun 2006

The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts

Federal Communications Law Journal

No abstract provided.


Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai Jun 2006

Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai

Federal Communications Law Journal

No abstract provided.


Editor's Note, Casey M. Holsapple Jun 2006

Editor's Note, Casey M. Holsapple

Federal Communications Law Journal

No abstract provided.


Interconnection Policy And Technological Progress, Gerald W. Brock Jun 2006

Interconnection Policy And Technological Progress, Gerald W. Brock

Federal Communications Law Journal

No abstract provided.


Open Video Systems: Too Much Regulation Too Late?, Micha Botein Jun 2006

Open Video Systems: Too Much Regulation Too Late?, Micha Botein

Federal Communications Law Journal

No abstract provided.


Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman Jun 2006

Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman

Federal Communications Law Journal

No abstract provided.


Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling Jun 2006

Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling

Federal Communications Law Journal

No abstract provided.


Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey Jun 2006

Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey

Federal Communications Law Journal

WorldCom's disclosure of billions of dollars of financial fraud on June 25, 2002 challenged the Federal Communications Commission ("FCC") in several major ways. The FCC proclaimed its commitment to enforce its rules to protect consumers against service discontinuance as well as the priority of rooting out corporate fraud. The FCC's rules required WorldCom to file accurate financial information and to show that it had financial and character qualifications necessary to hold FCC licenses. Despite numerous related proceedings and other actions in 2001 and early 2002, the FCC had not detected nor deterred WorldCom's fraud. After the disclosure ...


Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman Jun 2006

Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman

Federal Communications Law Journal

No abstract provided.


No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert Jun 2006

No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert

Federal Communications Law Journal

No abstract provided.


Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett Jun 2006

Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett

Federal Communications Law Journal

No abstract provided.


The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra Jun 2006

The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra

Federal Communications Law Journal

No abstract provided.


The Law Of Unintended Consequences, Susan Ness Jun 2006

The Law Of Unintended Consequences, Susan Ness

Federal Communications Law Journal

No abstract provided.


Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon Jun 2006

Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon

Federal Communications Law Journal

No abstract provided.


Politics And Telecommunications, Larry Pressler Jun 2006

Politics And Telecommunications, Larry Pressler

Federal Communications Law Journal

No abstract provided.


The 1996 Telecommunications Act, Jim Robbins Jun 2006

The 1996 Telecommunications Act, Jim Robbins

Federal Communications Law Journal

No abstract provided.


Editor's Note, R. Matthew Warner Jun 2006

Editor's Note, R. Matthew Warner

Federal Communications Law Journal

No abstract provided.


Ten Years Under The 1996 Telecommunications Act, Reed Hundt Jun 2006

Ten Years Under The 1996 Telecommunications Act, Reed Hundt

Federal Communications Law Journal

Keynote speech delivered at the Telecommunications Act of 1996: Ten Years Later Symposium, February 6, 2006, George Washington University.


Creation Of The Media: A Review And Introspective, Shannon M. Heim Jun 2006

Creation Of The Media: A Review And Introspective, Shannon M. Heim

Federal Communications Law Journal

A review of Paul Starr's Creation of the Media, Basic Books 2004. This review discusses the historical treatment that Starr presents in his narrative of modern communications, particularly focusing on the "constitutive moments" in the growth of the media.


Masthead Vol.58 No.3 (2006) Jun 2006

Masthead Vol.58 No.3 (2006)

Federal Communications Law Journal

No abstract provided.


The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide Jun 2006

The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide

Federal Communications Law Journal

No abstract provided.