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Full-Text Articles in Law
Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig
Valuing Spectrum Allocations, Thomas W. Hazlett, Michael Honig
Michigan Telecommunications & Technology Law Review
Observing trends in which Wi-Fi and Bluetooth have become widely popular, some argue that unlicensed allocations hosting such wireless technologies are increasingly valuable and that administrative spectrum allocations should shift accordingly. We challenge that policy conclusion. A core issue is that the social value of a given spectrum allocation is widely assumed to equal the gains of the applications it is likely to host. This thinking is faulty, as vividly seen in what we deem the Broadcast TV Spectrum Valuation Fallacy – the idea that because wireless video, or broadcast network programs are popular, TV channels are efficiently defined. This …
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Compulsory Patent Licensing: Is It A Viable Solution In The United States, Carol M. Nielsen, Michael R. Samardzija
Michigan Telecommunications & Technology Law Review
As technology continues to advance at a rapid pace, so do the number of patents that cover every aspect of making, using, and selling these innovations. In 1996, to compound the rapid change of technology, the U.S. Supreme Court affirmed that business methods are also patentable. Hence in the current environment, scores of patents, assigned to many different parties, may cover a single electronic device or software--making it increasingly impossible to manufacture an electronic device without receiving a cease and desist letter or other notice from a patentee demanding a large royalty or threatening an injunction. Companies, particularly those in …
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
Out Of Thin Air: Using First Amendment Public Forum Analysis To Redeem American Broadcasting Regulation, Anthony E. Varona
University of Michigan Journal of Law Reform
American television and radio broadcasters are uniquely privileged among Federal Communications Commission (FCC) licensees. Exalted as public trustees by the 1934 Communications Act, broadcasters pay virtually nothing for the use of their channels of public radiofrequency spectrum, unlike many other FCC licensees who have paid billions of dollars for similar digital spectrum. Congress envisioned a social contract of sorts between broadcast licensees and the communities they served. In exchange for their free licenses, broadcast stations were charged with providing a platform for a "free marketplace of ideas" that would cultivate a democratically engaged and enlightened citizenry through the broadcasting of …
Legacy Of Lost Opportunity: Designated Entities And The Federal Communications Commission's Broadband Pcs Spectrum Auction, A, Mark W. Munson
Legacy Of Lost Opportunity: Designated Entities And The Federal Communications Commission's Broadband Pcs Spectrum Auction, A, Mark W. Munson
Michigan Telecommunications & Technology Law Review
The Federal Communications Commission's ("FCC") designated entity policy has challenged the efficiency of the use of auctions to allocate spectrum licenses. As an alternative to comparative hearings and lotteries, auctions provide an effective solution to the costs, administrative burdens, and delays associated with apportioning spectrum. Congress required the FCC to allow firms to participate in the auctions even if they had difficulty in obtaining financing. The FCC gave these firms, known as "designated entities," set-asides and other preferences to assist them in the competitive bidding process. In the broadband Personal Communications Services ("PCS") auctions, however, designated entities frequently were unable …
Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder
Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder
University of Michigan Journal of Law Reform
This Note argues that section 558(c) should be interpreted to require an agency to provide a hearing prior to license suspension or revocation. Part I argues that all courts that have adjudicated whether section 558(c) requires a hearing have misconstrued the statute by failing to consider the general policies served by the APA. Part II examines section 558(c) in light of the major policies of the APA, uniformity and fairness in administrative procedure. It argues that these policies are best served by an interpretation that requires a hearing prior to suspension or revocation of any federal license. It does, however, …
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Constitutional Law - Separation Of Powers - Validity Of Statute Requiring Reference Of Disputes To Commissioner Of Labor, Edward D. Ranson
Michigan Law Review
The plaintiff was conducting a private employment agency under a license issued by the commissioner of labor. The defendant, a movie actress, secured an engagement through the plaintiff's influence, pursuant to a contract. A dispute arose as to the amount of compensation due the plaintiff under the terms of the contract. A statute required reference of such disputes to the commissioner of labor, who was to hear and determine the same. Within ten days a dissatisfied party could appeal to the superior court and have a hearing de novo. The plaintiff, failing to comply with the statute, commenced the action …
Administative Tribunals-Judicial Review Of Legislative Functions
Administative Tribunals-Judicial Review Of Legislative Functions
Michigan Law Review
On refusal of the Federal Radio Commission to renew its license for a broadcasting station with the existing terms, on the ground that public convenience and necessity did not require it, the applicant company availed itself of a statutory appeal to the court of appeals of the District of Columbia which reversed the finding as to public convenience and necessity. The commission applied to the United States Supreme Court for a writ of certiorari. Held, writ dismissed on the theory that the court had no jurisdiction to review the exercise pf an administrative or legislative power, and that the …
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Administrative Tribunals-Operation Of Administrative Orders As Res Judicata
Michigan Law Review
To the layman res judicata is simply another one of those esoteric legal subterfuges by which lawyers evade the simple facts and win lawsuits for their clients. So he shrugs his shoulders at the whole silly business and confines his interest in the law to the dramatic trio: great crimes, great names, and great figures. To the lawyer, principle is dominant. Though he may quibble over its spelling, he recognizes res judicata as a sound working principle and is interested in the popular case mainly because good legal talent will be employed, capable arguments presented, and sound decisions reached.