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Full-Text Articles in Law

Spread Spectrum Is Good-But It Does Not Obsolete Nbc V. U.S.!, Charles Jackson, Raymond Pickholtz, Dale Hatfield Apr 2006

Spread Spectrum Is Good-But It Does Not Obsolete Nbc V. U.S.!, Charles Jackson, Raymond Pickholtz, Dale Hatfield

Federal Communications Law Journal

The Authors criticize recent statements by leading legal commentators suggesting that the development of spread spectrum has eliminated radio interference and helped make the underlying legal foundations for regulating spectrum obsolete. The Authors provide a non-technical explanation of how spread spectrum works and why it does not have the effect of eliminating radio interference. The Authors conclude that new technologies are likely to increase the availability of usable spectrum, but they have not wiped out the problem of interference.


Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich Apr 2006

Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich

Federal Communications Law Journal

This Article traces the development of the FCC's distinction between "telecommunications services" subject to common carrier services under Title II of the 1934 Communications Act and "information services" regulated under Title I of the Act from the Computer Inquiry line of cases through the Brand X decision and recent Wireline Broadband Report and Order. The Author pays particular attention to the Brand X decision and the FCC's Wireline Broadband Order and its implications, suggesting that the Order may be subject to reversal when it is challenged in court and proposing how the Commission might react to a reversal. The Author …


Measuring Media Market Diversity: Concentration, Importance, And Pluralism, Brian C. Hill Jan 2006

Measuring Media Market Diversity: Concentration, Importance, And Pluralism, Brian C. Hill

Federal Communications Law Journal

The Third Circuit's rejection of the FCC's application of its Diversity Index in setting Cross-Media Limits in Prometheus Radio Project v. FCC represented a significant setback for the FCC's media ownership policies. This Article argues that the FCC's Diversity Index is fatally flawed because it fails to simultaneously account for two assumptions shared by the FCC and the Third Circuit: diversity in a media market increases with ownership concentration, and an individual entity's contribution to diversity increases with the weighted market shares of that entity's outlets. The Author proposes an alternative index that does satisfy both assumptions before applying the …