Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2000

Administrative Law

Maurer School of Law: Indiana University

Federal Communications Law Journal

Federal Communications Commission

Articles 1 - 4 of 4

Full-Text Articles in Law

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon Dec 2000

The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon

Federal Communications Law Journal

Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of ...


Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont Dec 2000

Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont

Federal Communications Law Journal

The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master ...


Reflections On The Fcc’S Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi May 2000

Reflections On The Fcc’S Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi

Federal Communications Law Journal

No abstract provided.


A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine Mar 2000

A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine

Federal Communications Law Journal

Courts have long held that the government can punish an individual for falsely shouting "Fire!" in a crowded theater. But what is a government agency to do when the venue is none other than a theater of the imagination heard throughout the nation? Ever since the broadcast of Orson Welles's War of the Worlds, the FCC has struggled to find a balance in preventing harmful broadcast hoaxes while still encouraging radio to develop vibrant, imaginative programming. What defines a hoax deemed harmful to the public interest versus one that constitutes mere playful entertainment? This Article details the major events ...