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Maurer School of Law: Indiana University

Federal Communications Law Journal

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Articles 601 - 626 of 626

Full-Text Articles in Law

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi Jun 1994

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission. Focusing …

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The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich Jun 1994

The National Information Infrastructure Initiative And The Emergence Of The Electronic Superhighway, Jonathan D. Blake, Lee J. Tiedrich

Federal Communications Law Journal

The "information superhighway" has become a multipurpose label for the nation's evolving communications structure. Private investment to extend and enhance communications capacity, convergence of presently disparate technologies, and governmental policy will all play a role in formulating the superhighway's composition. Plainly, the challenges that lie ahead in constructing and regulating the superhighway will confront both the public and private sectors. The Authors begin their discussion by exploring the communications industry's role in developing the information superhighway. They then examine the details of both pending infrastructure legislation and the Clinton administration's infrastructure proposal. The Authors also discuss the construction and regulatory …

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Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno Jun 1994

Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno

Federal Communications Law Journal

The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning …

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A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren Jun 1994

A Critique Of An Illegal Conduct Limitation On The Reporters' Privilege Not To Testify, Leslie A. Warren

Federal Communications Law Journal

The First Amendment is commonly interpreted to allow reporters a qualified privilege not to testify. By compelling testimony only where the party requesting the information meets the elements of a three-part test, a court balances the interests of the requesting party with those of the reporter. The court in United States v. Sanusi applied this traditional test and found that the defendant met the elements. However, the court also added a new restriction on the privilege. This Note argues that the additional limitation, requiring that the court be confident that the privilege not be "justifying otherwise illegal conduct," is an …

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The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude Jun 1994

The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude

Federal Communications Law Journal

The recent proliferation of computer and telecommunications technologies have dramatically changed the banking industry's business sector. While this modernization has allowed banks to increase their efficiency and service, banking regulations have not kept pace. Telecommunications companies, armed with new FCC regulations encouraging increased competition, have eagerly taken this opportunity to expand their business offerings into the financial services sector. In this Note, the Author examines the telecommunications services presently provided by banks and the present regulatory structure that prevents further bank entry into the telecommunications sector. The Author concludes that banking regulations should be changed to allow banks to enter …

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Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel Mar 1994

Winning On Appeal: Better Briefs And Oral Argument, Michael J. Hirrel

Federal Communications Law Journal

No abstract provided.

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Letter Of Introduction, Reed E. Hunt Mar 1994

Letter Of Introduction, Reed E. Hunt

Federal Communications Law Journal

No abstract provided.

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Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr. Mar 1994

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

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Telecommunications Property Taxation, James A. Amdur Mar 1994

Telecommunications Property Taxation, James A. Amdur

Federal Communications Law Journal

Because of recent changes in the regulatory environment, both states and telecommunications carriers are giving increased attention to property taxation. In analyzing the principles and practices involved in property taxation of telecommunications carriers, the Article emphasizes the relationship between the manner of regulation and the valuation of property. The Article reviews three major cases that deal with significant current valuation issues, and concludes that a uniform system of valuation and taxation would be the optimal solution to resolve many of the issues.

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The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes Mar 1994

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

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Masthead Vol.46 No.2 (1994) Mar 1994

Masthead Vol.46 No.2 (1994)

Federal Communications Law Journal

No abstract provided.

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Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham Mar 1994

Stolen From Stardust And Air: Idea Theft In The Entertainment Industry And A Proposal For A Concept Initiator Credit, Robert M. Winteringham

Federal Communications Law Journal

In the entertainment industry idea theft is rampant. Because copyright protects only fixed expressions, a legal remedy does not always exist to stop the unattributed and unrewarded use of plot ideas. By incorporating elements from existing copyright and contract law, this Note proposes the creation of a "concept initiator" credit to protect fully developed ideas even where copyright cannot attach. The Author argues that the credit and the three-part test to determine when the credit applies will protect ideas from theft without drastically increasing the number of frivolous lawsuits.

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Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets Mar 1994

Ain't Nothin' Like The Real Thing, Baby : The Right Of Publicity And The Singing Voice, Russell A. Stamets

Federal Communications Law Journal

The right of publicity has allowed celebrities and their licensees to commercially exploit "personality" through ever greater and subtler methods. Two celebrated cases involving entertainers Bette Midler and Tom Waits have expanded the right of publicity to the amorphous realm of vocal performance. The indeterminacy of this new right and the significant damages awarded in the leading cases have left commercial interests confused and hesitant. This Note argues that this new right unjustly rewards a small group of celebrity performers while reducing the economic incentives that encourage the development of new performers. This Note further argues that the right in …

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Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk Mar 1994

Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk

Federal Communications Law Journal

INTELSAT has provided the space segment for a global satellite telecommunications network since its inception in 1962. In part due to its economic success, several companies applied to the FCC for licenses to operate international telecommunications satellites separate from INTELSAT. This Comment asserts that INTELSAT did not suffer economic harm from the separate systems because no technological cause or economic reason exits for INTELSAT's high volume routes to subsidize its low volume routes. INTELSAT's pricing structure, its flexibility, and the increasing market for international satellite telecommunications have ensured INTELSAT's continued economic viability in the face of competitors.

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Letters Of Welcome, Evan Bayh Dec 1993

Letters Of Welcome, Evan Bayh

Federal Communications Law Journal

No abstract provided.

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Letters Of Welcome, Bill Clinton Dec 1993

Letters Of Welcome, Bill Clinton

Federal Communications Law Journal

No abstract provided.

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Editor's Note, Thomas E. Deer Dec 1993

Editor's Note, Thomas E. Deer

Federal Communications Law Journal

No abstract provided.

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Article Digest Dec 1993

Article Digest

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

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Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey Dec 1993

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

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Masthead Vol.46 No.1 (1993) Dec 1993

Masthead Vol.46 No.1 (1993)

Federal Communications Law Journal

No abstract provided.

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Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall Dec 1993

Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall

Federal Communications Law Journal

Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.

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Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett Dec 1993

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …

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The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley Dec 1993

The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley

Federal Communications Law Journal

Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …

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The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey Dec 1993

The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey

Federal Communications Law Journal

In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …

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Reinventing Rate Regulation, Nicholas W. Allard Dec 1993

Reinventing Rate Regulation, Nicholas W. Allard

Federal Communications Law Journal

One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …

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The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel Dec 1993

The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel

Federal Communications Law Journal

The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …

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