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Articles 1 - 30 of 33
Full-Text Articles in Law
Say Cheese: The Constitutionality Of State-Mandated Airtime On Public Broadcasting Stations In Wisconsin, Andrew D. Cotlar
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 …
Telric Vs. Universal Service: A Takings Violation?, Stuart Buck
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 …
Comparative Analysis Of Telecommunications Regulations: Pitfalls And Opportunities, Mary Newcomer Williams
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 …
The Role Of Efficiencies In Telecommunications Merger Review, Calvin S. Goldman Q.C., Ilene Knable Gotts, Michael E. Piaskoski
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 explore the …
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
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
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 The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy
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.
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird
Federal Communications Law Journal
No abstract provided.
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman
Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman
Federal Communications Law Journal
No abstract provided.
The “Vast Wasteland” Speech Revisited, Jonathan Blake
The “Vast Wasteland” Speech Revisited, Jonathan Blake
Federal Communications Law Journal
No abstract provided.
Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner
Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner
Federal Communications Law Journal
No abstract provided.
The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps
The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps
Federal Communications Law Journal
No abstract provided.
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone
Federal Communications Law Journal
No abstract provided.
Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan
Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan
Federal Communications Law Journal
No abstract provided.
Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere
Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere
Federal Communications Law Journal
No abstract provided.
Forty Years Of Wandering In The Wasteland, Nicholas Johnson
Forty Years Of Wandering In The Wasteland, Nicholas Johnson
Federal Communications Law Journal
No abstract provided.
Coming Of Age In Minnesota, Jane E. Kirtley
Coming Of Age In Minnesota, Jane E. Kirtley
Federal Communications Law Journal
No abstract provided.
Promoting The Public Interest In The Digital Era, Henry Geller
Promoting The Public Interest In The Digital Era, Henry Geller
Federal Communications Law Journal
No abstract provided.
Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts
Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts
Federal Communications Law Journal
No abstract provided.
Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey
Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey
Federal Communications Law Journal
No abstract provided.
I Want My C-Span, Bruce W. Sanford
I Want My C-Span, Bruce W. Sanford
Federal Communications Law Journal
No abstract provided.
Manhattan, Cass R. Sunstein
Measuring Quality Television, Russ Taylor
Measuring Quality Television, Russ Taylor
Federal Communications Law Journal
No abstract provided.
Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman
Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman
Federal Communications Law Journal
No abstract provided.
Public Television Law Réduit, Herbert A. Terry
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. and …
The “Vast Wasteland” In Retrospect, Joel Rosenbloom
The “Vast Wasteland” In Retrospect, Joel Rosenbloom
Federal Communications Law Journal
No abstract provided.
Adjusting The Horizontal And Vertical In Telecommunications Regulation: A Comparison Of The Traditional And A New Layered Approach, Rob Frieden
Federal Communications Law Journal
This Article assesses the viability of different vertical regulatory regimes in an increasingly convergent environment. It reviews several FCC proceedings that have generated opportunities for stakeholders to avoid regulatory parity by qualifying for reduced regulation based on service definitions. It also considers whether a horizontal regulatory approach can reduce the number of regulatory asymmetries and inconsistencies. The Author concludes that although a horizontal regulatory structure may not secure sufficient political support because of the risk of extending new burdens on previously unregulated activities, that type of structure makes better sense in a convergent, increasingly Internet-dominated marketplace and provides a more …
Access To Local Rights-Of-Way: A Rebuttal, William Malone
Access To Local Rights-Of-Way: A Rebuttal, William Malone
Federal Communications Law Journal
This Author rebuts the proposals and analysis regarding the impact of local rights-of-way access on competitive local exchange carriers put forth in a May 2002 FCLJ Article by Christopher Day. He argues that Day's Article lacks persuasive evidence that CLECs are harmed by lack of rights-of-way access. He states, first, that Day has misconceived the intent of the rights-of-way requirements in the Telecommunications Act of 1996 and, second, that the FCC does not have the authority to make substantive adjucative decisions that Day called for. He concludes that neither of the proposals made by Day-an amendment to the Telecommunications Act …
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
Federal Communications Law Journal
The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …