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Maurer School of Law: Indiana University

Journal

Cable Companies

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First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross Mar 1998

First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross

Federal Communications Law Journal

The Cable Act of 1984 contained a "cross-ownership" ban, which prohibited telephone companies from entering the local cable video market. Although the ban was challenged by telephone carriers on numerous grounds, the First Amendment was not the basis of any challenge until the mid-1990s when telephone companies sought to characterize themselves not just as carriers but as content suppliers, or "speakers," who were deprived of their right to speak as a result of common carrier regulations that were intended merely to control the economic structure of the communications industry. Using the First Amendment as a new-found constitutional weapon to challenge …


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 …


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. …


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 …