Law Commons^™

Editor's Note, Randall W. Sifers

Federal Communications Law Journal

No abstract provided.

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.

Creating Local Competition, Joseph Farrell

Federal Communications Law Journal

The Telecommunications Act mandates the opening of local telephone markets to competition. The transition from a noncompetitive market to a competitive market promises to be a difficult journey with many pitfalls to be avoided. This speech expounds upon some of the economic principles that must guide the FCC in implementing the transition, particularly discussing the problem of achieving the goal of universal service in a competitive environment.

This speech was originally presented May 15, 1996 before an open audience at the Federal Communications Commission.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Federal Communications Law Journal

The author discusses the primary motivating factors behind the 1996 Telecommunications Act, examines how these factors influenced the final law, and critiques the Act by examining whether it is likely to advance public interest goals. Congress designed the Act to address two problems: "technological convergence" and "legal balkanization." The Act attempts to remedy these problems by: (1) tearing down entry barriers so that legal balkanization no longer stands in the path of technological convergence; (2) changing the mandate of the FCC from deciding who should enter the market to monitoring the conditions under which entry takes place in order to …

Masthead Vol.49 No.1 (1996)

Federal Communications Law Journal

No abstract provided.

Pornography Drives Technology: Why Not To Censor The Internet, Peter Johnson

Federal Communications Law Journal

Historically, the development of new media has been advanced by the creators of pornography. This was evident as communications media evolved from vernacular speech to movable type, to photography, to paperback books, to videotape, to cable and pay-TV, to 900 phone lines, to the French Minitel, and to the Internet. In short, pornography, far from being an evil that the First Amendment must endure, is a positive good that encourages experimentation with new technology. Accordingly, society should not view cyberpornographers as pariahs, rather they should be viewed as explorers who pave the roads for civilization to follow.

Hostile Tender Offers For Companies Holding Licenses Issued By The Federal Communications Commission, Stephen F. Sewell

Federal Communications Law Journal

When a tender offer to acquire a company is made, those making the tender offer will have to overcome a number of regulatory hurdles. The number of hurdles multiply, however, when the offer is hostile and the target company holds licenses issued by the FCC. The article sketches the FCC's response to hostile tender offers for companies holding FCC licenses, specifically discussing the Commission's adoption of procedures in 1985 to address hostile tender offers. While these provisions provided needed clarification, the authority of the FCC to implement these provisions and the effectiveness of them as a matter of policy have …

Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky

Federal Communications Law Journal

This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.

A Return To Written Consent: A Proposal To The Fcc To Eliminate Slamming, Nicole C. Daniel

Federal Communications Law Journal

The FCC is charged with the task of encouraging competition in the telecommunications industry, yet it must also assure that competition remains free and fair to consumers. Various long-distance providers are taking advantage of their deregulated freedom by engaging in "slamming." The author proposes a more effective form of consumer protection through the return of a short-lived FCC rule which required written customer authorization before the customer's long-distance service could be switched.

Report Of The Subcommittee On Legal Opinions Of The Transactional Practice Committee Of The Federal Communications Bar Association, Federal Communications Bar Association

Federal Communications Law Journal

The Federal Communications Bar Association created an Ad Hoc Committee on Opinion Letters to create and develop materials to assist practitioners in drafting and negotiating opinion letters for FCC-related transactions. This Committee Report is intended to facilitate negotiations between opinion givers and recipients, whose respective business operations are at least in part regulated by the FCC. However, the Report is drafted with the assumption that practitioners utilizing it understand the basis for certain opinions are counsel(s examination of records which may be incomplete in the public reference room.

The Report is divided into four parts: (1) the general status of …

The Fcc's Minority Ownership Policies From Broadcasting To Pcs, Antoinette Cook Bush, Marc S. Martin

Federal Communications Law Journal

The Federal Communication Commission's (FCC's) proposed minority preference scheme for broadcast spectrum allocation has been called into question in the wake of the Supreme Court(s recent decision in Adarand Constructors, Inc. v. Pena. The Authors begin by discussing the development of minority preference schemes in the 1970s and 1980s and the changes in the methods through which the FCC has awarded broadcast licenses. In 1993, the FCC was granted the authority to auction spectrum allocation, provided that the FCC ensured the economic opportunity of minority-owned business under such a competitive bidding regulatory regime. However, this grant of authority presented …

Digital Demons And Lost Lawyers: A Review Of Law In A Digital World By M. Ethan Katsh, Bruce A. Markell

Federal Communications Law Journal

The increase in technology gives rise to an interesting discussion on whether the way lawyers approach the law will change. This question is analyzed with Professor Katsh's premise that the increase in the use of computers and networks will ultimately change the manner in which lawyers accumulate and use information. The Reviewer defends the role of lawyers as being more than just "information providers;" lawyers are guardians of a distinguished service as well. The Reviewer declares that what lawyers do cannot be oversimplified by computers and networks. Nevertheless, the Reviewer emphasizes that Law in a Digital World does provide insight …

Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan

Federal Communications Law Journal

The Communications Act of 1934 requires, among other things, that telephone companies as "common carriers" make their services available to the general public at affordable rates. The Federal Communications Commission (FCC) has the authority to classify telephone services as common carriers as well as the ability to remove common carrier regulation to promote competition, satisfy consumer demand for individually tailored offerings, and avoid unnecessary regulatory costs. The Authors of this Article believe that the FCC should remove the common carrier regulation from certain long-distance service contracts and that such regulation is consistent with the deregulatory aims of the recent Telecommunications …

Masthead Vol.48 No.3 (1996)

Federal Communications Law Journal

No abstract provided.

Editor's Note, Dawn A. Noble

Federal Communications Law Journal

No abstract provided.

Cooperative Standard Setting: The Road To Compatibility Or Deadlock? The Nafta's Transformation Of The Telecommunications Industry, Karen E. Lee

Federal Communications Law Journal

In an effort to reduce nontariff barriers, the North American Free Trade Agreement (NAFTA) directs its three member nations to utilize product standards set by international standard-setting organizations. What were once considered "permissible standards" are now mandatory standards as Articles 904-906 of the NAFTA mandate the telecommunications industry to adopt cooperative standard-setting by these organizations as the sole method to achieve standardization. Currently, the International Telecommunications Organization and the International Organization for Standardization are the two principal cooperative standardization organizations in the telecommunications industry.

This Note argues that the NAFTA should allow members to "opt out" of the requirement for …

Masthead Vol.48 No.2 (1996)

Federal Communications Law Journal

No abstract provided.

Whither Goest Ntia? The Fate Of A Federal Telecommunications Agency, Richard E. Wiley, Paul E. Misener

Federal Communications Law Journal

In the past year, Congress has sealed the fate of the National Telecommunications and Information Administration (NTIA). Although President Clinton has pledged to veto any action that abolishes the Commerce Department, in which the NTIA is located, Congress will ultimately dismantle the NTIA. Thus, the question becomes what entity will shoulder NTIA's workload, which includes among other responsibilities managing federal use of the radio frequency spectrum, developing executive branch telecommunications policy, and administering the Federal Grants Program.

Although the Federal Communications Commission (FCC) appears to many a natural successor to the NTIA's varied responsibilities, the Authors suggest other agencies are …

A Different Time, A Different Place: Breaking Up Telephone Companies In The United States And Japan, Richard E. Nohe

Federal Communications Law Journal

Currently, the Japanese government is in the midst of a decision with respect to the future of the now privatized Nippon Telegraph and Telephone (NTT) of Japan. The divestiture of AT&T, NTT's United States counterpart, occurred over a decade ago. The Japanese government is contemplating the use of AT&T as a model for the break up of NTT. Because of NTT's history as a monopoly service provider, the central issue confronting Japan is how to create a market that can withstand competition nationally and globally.

The Author adopts a comparative approach in seeking to provide guidance to policymakers in Japan. …

Mergers In Mobile Telecommunications Services: A Primer On The Analysis Of Their Competitive Effects, John W. Berresford

Federal Communications Law Journal

Mobile telecommunications businesses are undergoing an unprecedented period of mergers which may result in a national network for Personal Communications Services. All of these transactions require the approval of the Federal Communications Commission (FCC), which is in the process of issuing thousands of local, regional, and nationwide licenses. The FCC grants the licenses under "the public interest" standard of the Communications Act of 1934, which requires an analysis of each proposed merger's effect on competition.

The Author begins his description of the analytic framework used by the FCC by describing its variables. Part I describes the "product market," which must …

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

A Double-Barrelled Assault: How Technology And Judicial Interpretations Threaten Public Access To Law Enforcement Records, Jamison S. Prime

Federal Communications Law Journal

Recently, an explosion of media coverage has revealed gross misconduct on the part of many police officers in the United States. From Rodney King to Mark Furman, the events have raised grave questions about whether existing checks against police misconduct are effective. Yet, at this crucial period, technological advances and judicial interpretations undermine the ability of the public to access police records. The Author argues that most Freedom of Information (FOI) statutes provide inadequate access to police records in light of technological advances and narrow judicial interpretations of FOI statutes.

Spectrum Bids, Bets, And Budgets: Seeking An Optimal Allocation And Assignment For Domestic Commercial Electromagnetic Spectrum Products, Services, And Technology, William Kummel

Federal Communications Law Journal

This Comment analyzes the Federal Communications Commission's (FCC's) allocation and assignment of commercial electromagnetic spectrum licenses through competitive bidding auctions as authorized under Sections 921 to 927 of the National Telecommunications and Information Administration Organization Act (NTIAO Amendment) and Section 309(j) of the Federal Communications Act of 1934.

In five parts, this Comment analyzes (1) the FCC's statutory mandate, (2) spectrum's unique physical properties, (3) allocation and assignment methodologies, (4) traditional and nontraditional bidding systems, and (5) the preferred simultaneous multiple round electronic (SMRE) bidding structure. This Comment recommends a policy reorientation to promote spectrum capacity.

To promote efficient use …