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2003

Communications Law

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Articles 1 - 30 of 104

Full-Text Articles in Law

Editor's Note, Carl W. Butler Dec 2003

Editor's Note, Carl W. Butler

Federal Communications Law Journal

No abstract provided.


Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams Dec 2003

Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams

Federal Communications Law Journal

Book Review: Controlling Market Power in Telecommunications: Antitrust vs. Sector-specific Regulation by Damien Geradin and Michel Kerf.
In this 2003 publication, the authors comprehensively review and analyze the telecommunications regulatory structure of five nations that have achieved some success in promoting competition in telecommunications markets. The authors engage in this analysis in order to evaluate the use of telecommunications sector-specific regulation versus more general, economywide antitrust regulation to accomplish specific goals related to promoting competition and efficiency in the provision of telecommunications services. This review describes the authors’ analysis and highlights its strengths and limitations. It also offers a few ...


Telric Vs. Universal Service: A Takings Violation?, Stuart Buck Dec 2003

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone ...


Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar Dec 2003

Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar

Federal Communications Law Journal

Last year, the State of Wisconsin passed legislation which would require statechartered public broadcasting television networks to carry political advertising for candidates free of charge. In this article, Andrew Cotlar raises many concerns about the wisdom of such legislation and the impact this trend may have on public broadcasters throughout the nation. The author begins by analyzing the current position of the law on political access requirements, at both federal and state levels, and then argues that the public television stations should continue to be free to exercise substantial editorial discretion. The Article proceeds to critique the Wisconsin statute as ...


Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett Dec 2003

Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett

Federal Communications Law Journal

While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a ...


A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner Dec 2003

A Round "Peg" For A Round Hole: Advocating For The Town Of Oyster Bay's Public Access Channel Restrictions, Thomas Werner

Federal Communications Law Journal

New technological devices which allow consumers to skip commercials are driving corporations to engage in alternative advertising. The development of more “organic” methods of integrating products into the content of television programs makes those advertisements much more difficult to detect. As it becomes more difficult to divorce the product being sold from the content of the program, it also becomes more difficult to determine whether or not an advertisement actually exists. Without such blatant references, these programs would be likely candidates to appear on public access channels. This poses a severe threat to the service that those channels were intended ...


The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski Dec 2003

The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski

Federal Communications Law Journal

As a result of the recent telecommunications industry slowdown and the rise of globally integrated communications networks, mergers and acquisitions have become a commonplace occurrence throughout the developed world. In this article, Calvin Goldman, Michael Piaskoski and Ilene Gotts review recent merger and acquisition activity and discuss how the decisions to allow or deny “M&A” are viewed by regulatory agencies in the United States, the European Union, and Canada. The first part of this article addresses these three parties’ approaches to M&A consideration and how the concept of “efficiencies” generated by consolidation enters those deliberations. The authors then ...


Masthead Vol.56 No.1 (2003) Dec 2003

Masthead Vol.56 No.1 (2003)

Federal Communications Law Journal

No abstract provided.


Public Utility Law, B. Paige E. Holloway Nov 2003

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.


Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman Oct 2003

Booze, Drugs, And Rock & Roll: Crime During The College Years, Paul S. Gutman

ExpressO

In this Article, the author examines the predilection of college and university students towards certain types of illegal behaviors. Specifically, the Article considers the widespread instances of drug use, under-age alcohol use, and "file-sharing" using Napster and its progeny. The Article's main focus is on why such illegal behaviors are rampant among college students who might otherwise be


The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky Oct 2003

The Need For Revisions To The Law Of Wiretapping And Interception Of Email, Robert A. Pikowsky

Michigan Telecommunications & Technology Law Review

I argue that a person's privacy interest in his email is the same as his privacy interest in a telephone conversation. Moreover, the privacy interest in email remains unchanged regardless of whether it is intercepted in transmission or covertly accessed from the recipient's mailbox. If one accepts this assumption, it follows that the level of protection against surveillance by law enforcement officers should be the same[...] As technology continues to blur the distinction between wire and electronic communication, it becomes apparent that a new methodology must be developed in order to provide logical and consistent protection to private ...


Fair And Reasonable Compensation Means Just That: How § 253 Of The Telecommunications Act Preserves Local Government Authority Over Public Rights-Of-Way, Jennifer Amanda Krebs Aug 2003

Fair And Reasonable Compensation Means Just That: How § 253 Of The Telecommunications Act Preserves Local Government Authority Over Public Rights-Of-Way, Jennifer Amanda Krebs

Washington Law Review

Section 253(c) of the 1996 Telecommunications Act expressly preserves local government authority to require fair and reasonable compensation from telecommunications providers for use of public rights-of-way. Although local government authority to require compensation for franchises is based in state law, some courts have overlooked state law when evaluating the validity of franchise fees. In addition, courts have interpreted § 253(c) narrowly, allowing local governments to recover only direct costs. This narrow interpretation of § 253(c) contradicts its text and legislative history, as well as analogous United States Supreme Court precedent. Further, this interpretation could lead to unconstitutional results, by ...


Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler Jul 2003

Monopoly Power In The Electronic Information Industry: Why, And So What?, Curt A. Hessler

ExpressO

This "law and economics" article diagnoses why monopoly power infects so many markets in the electronic media, communications, and information technology industries (collectively the "Industry"),and recommends changes to prevailing intellectual property and antitrust doctrines to remedy this problem.

The analysis focuses on a single "norm" -- the maximization of economic value, as defined by standard welfare economic theory. Identifying three distinct functions that operate throughout this otherwise diverse Industry -- authoring, publishing, and distribution -- the article notes that two economic peculiarities characterize most Industry markets: the technical feasibility of "non-rivalrous use" of digitized information products, and the frequent "creative destruction" of ...


Cameras In The High Court: What Are Justices Afraid Of?, Erik Ugland Jul 2003

Cameras In The High Court: What Are Justices Afraid Of?, Erik Ugland

Erik Ugland

No abstract provided.


Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine May 2003

Satellite Digital Audio Radio Searching For Novel Theories Of Action, Daniel H. Erskine

Daniel H. Erskine

Satellite radio may be becoming increasingly popular, but there is a little known drawback to the technology: it interferes with many existing wireless networks in place, such as cellular telephone service. This article looks at the legal implications that this interference causes and what kind of liability satellite operators like Sirius and XM Radio may face. Erskine includes a detailed description of how satellite radio operates and in turn describes how this operation causes the disruption. He then moves into a discussion of the current law surrounding the technology and different theories of liability, including tort theories. His approach is ...


Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird May 2003

Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird

Federal Communications Law Journal

No abstract provided.


Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman May 2003

Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman

Federal Communications Law Journal

No abstract provided.


Public Television Law Réduit, Herbert A. Terry May 2003

Public Television Law Réduit, Herbert A. Terry

Federal Communications Law Journal

Book Review: The Public Television Legal Survival Guide, 2d ed., Association of Public Television Stations, 2001, 254 pages.

A review of The Public Television Legal Survival Guide, 2nd ed., Association of Public Television Stations, 2001. According to its preface, the book is intended for "station personnel who do not have legal training" but who need to know some of the basics for their daily work and, through footnotes, to assist "in-house station counsel and outside legal consultants." For the most part, this book fulfills that promise. Privately published by the Association of Public Television Stations (APTS) in Washington, D.C ...


Family-Friendly Programming: Providing More Tools For Parents, Kevin J. Martin May 2003

Family-Friendly Programming: Providing More Tools For Parents, Kevin J. Martin

Federal Communications Law Journal

No abstract provided.


A Diversity Of Voices In A “Vast Wasteland”, Condace L. Pressley May 2003

A Diversity Of Voices In A “Vast Wasteland”, Condace L. Pressley

Federal Communications Law Journal

No abstract provided.


Letter Of Introduction, Lauren K. Robel May 2003

Letter Of Introduction, Lauren K. Robel

Federal Communications Law Journal

No abstract provided.


Editor's Note, Deborah J. Salons May 2003

Editor's Note, Deborah J. Salons

Federal Communications Law Journal

No abstract provided.


In Memoriam Fred Rogers (1928-2003) May 2003

In Memoriam Fred Rogers (1928-2003)

Federal Communications Law Journal

No abstract provided.


Television And The Public Interest, Newton N. Minow May 2003

Television And The Public Interest, Newton N. Minow

Federal Communications Law Journal

Speech Before the National Association of Broadcasters (May 9, 1961).


Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate May 2003

Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate

Federal Communications Law Journal

No abstract provided.


The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy May 2003

The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” Speech Revisited, Jonathan Blake May 2003

The “Vast Wasteland” Speech Revisited, Jonathan Blake

Federal Communications Law Journal

No abstract provided.


Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner May 2003

Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner

Federal Communications Law Journal

No abstract provided.


Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere May 2003

Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere

Federal Communications Law Journal

No abstract provided.


Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan May 2003

Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan

Federal Communications Law Journal

No abstract provided.