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Full-Text Articles in Communications Law

An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo Nov 2017

An Unsung Success Story: A Forty-Year Retrospective On U.S. Communications Policy, Christopher S. Yoo

All Faculty Scholarship

Looking backwards on the occasion of Telecommunications Policy’s fortieth anniversary reveals just how far U.S. communications policy has come. All of the major challenges of 1976, such as promoting competition in customer premises equipment, long distance, and television networking, have largely been overcome. Moreover, new issues that emerged later, such as competition in local telephone service and multichannel video program distribution, have also largely been solved. More often than not, the solution has been the result of structural changes that enhanced facilities-based competition rather than agency-imposed behavioral requirements. Moreover, close inspection reveals that in most cases, prodding by the courts …


Can Schools Use Nanotechnology To Prevent Cell Phones From Ringing, Sarah C. Boyer Sep 2017

Can Schools Use Nanotechnology To Prevent Cell Phones From Ringing, Sarah C. Boyer

Oklahoma Journal of Law and Technology

No abstract provided.


Fcc Comment: In The Matter Of Connect America Fund, Allen S. Hammond Iv May 2017

Fcc Comment: In The Matter Of Connect America Fund, Allen S. Hammond Iv

Broadband Institute of California

The Broadband Institute of California (BBIC) and the Broadband Regulatory Clinic of Santa Clara Law (BRC) petition the Commission to expressly consider the needs of rural tribal lands in promulgating regulations regarding spectrum allocated for the development of 5G technologies, and encourages the Commission to work with prospective auction participants, broadband service providers and tribal communities to develop 5G use cases targeting rural and tribal needs. Presently, barriers to broadband deployment across tribal lands include geographical isolation, low population densities, difficult terrain, and political fragmentation arising from tribal governance issues. The first portion of this Comment explains these particularly crippling …


Tennessee V. Fcc And The Clear Statement Rule, Lee D. Whatling Jan 2017

Tennessee V. Fcc And The Clear Statement Rule, Lee D. Whatling

Georgia Law Review

In 2016, the Sixth Circuit in Tennessee v. FCC
overturned an FCC preemption order striking down state
laws that restricted municipal broadband providers from
servicing communities outside of their respective
municipal borders. The court held Congress had not
provided a clear statement in § 706 of the
Telecommunications Act of 1996 that it intended to grant
the FCC preemption power under these circumstances.
The immediate practical consequences of the decision were
that communities previously serviced by municipal
broadband providers, but located outside of municipal
borders, were now at the mercy of state laws that sought to
restrict that service.
This …


Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum Jan 2017

Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum

American University Business Law Review

No abstract provided.


Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips Jan 2017

Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips

UF Law Faculty Publications

Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …