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Full-Text Articles in Communications Law
Reforming Retransmission Consent, Meg Burton
Reforming Retransmission Consent, Meg Burton
Federal Communications Law Journal
Under the retransmission consent regulations of the 1992 Cable Act, broadcasters and cable providers must negotiate with one another for permission to retransmit a broadcast signal over a cable system. While the majority of such negotiations are resolved amicably, there has been a growing trend of negotiations resulting in signal blackouts that harm consumers. In March 2010, cable providers filed a Petition for Rulemaking with the FCC arguing that the current regulations are outdated and asking that the FCC alter the regulations to curb harmful negotiation tactics employed by broadcasters. Broadcasters replied that the retransmission consent scheme is working as …
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky
Federal Communications Law Journal
This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …
Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall
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.
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
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 …