Communications Law Commons^™

Consumer Watchdog: The Fcc’S Proposed Rulemaking To Help Consumers Avoid Bill Shock, Cameron Robinson

Federal Communications Law Journal

This Note discusses the proposed rulemaking by the FCC in order to empower consumers against "bill shock." Bill shock is described as what a consumer experiences when he or she receives a bill for his or her cellular phone that is much higher than expected, usually on account of roaming charges. This Note will argue in favor of rulemaking by the FCC and explain how the consumer will be empowered against the confusion of the current system.

Network Neutrality Between False Positives And False Negatives: Introducing A European Approach To American Broadband Markets, Jasper P. Sluijs

Federal Communications Law Journal

Network neutrality has become a contentious issue both in Europe and the United States. Regulators on both sides of the Atlantic face digital divides in their society, and are confronted with potentially conflicting policy goals-to incentivize private investment in next-generation broadband while maintaining "neutral" and competitive broadband networks.

This Article compares nascent American and European network neutrality policy in terms of regulatory error costs. Emerging markets, such as broadband, are more likely to be affected by regulatory errors, and these errors have graver consequences in emerging markets than in regular markets. U.S. telecommunications policy traditionally has advanced a trial-and-error approach …

The Persistence Of The Dirigiste Model: Wireless Spectrum Allocation In Europe, À La Francaise., Russell Carlberg

Federal Communications Law Journal

This Note examines spectrum allocation for 3G mobile wireless networks in Europe in light of larger EC telecommunications and competition policies. The European Commission has allowed each member state to allocate spectrum to firms in two ways: (1) by the free market auction; and (2) by the "beauty pageant" method by which firms submit detailed proposals to the government, and government bureaucrats make the final selections. This Note focuses on France as the prime example of the beauty pageant method, and argues that, despite the "excesses" of the prices of spectrum on the free market auctions, the beauty pageant method …

Commercial Speech In The Law Of The European Union: Lessons For The United States?, J. Steven Rich

Federal Communications Law Journal

Both the United States and the countries that comprise the European Union have previously imposed limits on tobacco advertising. These restrictions prevent tobacco companies from advertising on broadcast television. Recently, the European Union adopted a new proposal that would expand restrictions by phasing out press and billboard advertisements, and prohibiting tobacco company sponsorship of sporting events. It seems certain that advertising interests in Europe will challenge the new proposal as a violation of freedom of expression. An analysis of the European Convention on Human Rights reveals that these challenges should ultimately succeed since the restriction on commercial speech is more …

Privacy And Telecommunications, Fred H. Cate

Articles by Maurer Faculty

This article explores the differences in privacy protection between the European Union and the United States, and examines the emerging conflict over data protection. Professor Cate analyzes the European data protection Directive, with particular emphasis on the Directive's extraterritorial provisions. He then examines privacy protection under United States laws and the extent to which that protection satisfies the requirements of the Directive. Finally, Professor Cate focuses on privacy issues involved in telecommunications, an area significantly regulated by United States and European laws, and therefore one area in which some commonality among privacy protection might be anticipated. Even in this highly …

An Opportunity Lost: The United Kingdom's Failed Reform Of Defamation Law, Douglas W. Vick, Linda Macpherson

Federal Communications Law Journal

The Defamation Act 1996 is the first major piece of libel legislation in Britain since the Defamation Act 1952. The British Parliament passed the Act in response to the ease with which libel plaintiffs can establish liability and in response to huge damage awards. In passing the Act, Parliament attempted to shift the balance of defamation law away from protecting the reputational interest of plaintiffs and toward protecting free discussion and open criticism. However, the Act merely fine-tunes current law. The Act reduces the limitations period for defamation suits, introduces procedural reforms to simplify and reduce libel suits and permits …

The 1996 Telekommunikationsgesetz And The Telecommunications Act Of 1996: Toward More Competitive Markets In Telecommunications In Germany And The United States, Carl B. Kress

Federal Communications Law Journal

Following a worldwide trend of increased market competition in telecommunications, both the United States and Germany passed new legislation in 1996 aimed at liberalizing communications regulation. Germany passed the Telekommunikationsgestz (TKG), and the United States passed the Telecommunications Act of 1996. The TKG was enacted in response to European Community requirements that Germany open its telecommunications market. While the TKG covers a broad spectrum of issues, five areas stand out as the law's primary focus: licensing, universal service, market-dominant position regulation, interconnection, and rights-of-way. A comparison between the U.S and German laws in these five areas demonstrates the …