Law Commons^™

A Return To Written Consent: A Proposal To The Fcc To Eliminate Slamming, Nicole C. Daniel

Federal Communications Law Journal

The FCC is charged with the task of encouraging competition in the telecommunications industry, yet it must also assure that competition remains free and fair to consumers. Various long-distance providers are taking advantage of their deregulated freedom by engaging in "slamming." The author proposes a more effective form of consumer protection through the return of a short-lived FCC rule which required written customer authorization before the customer's long-distance service could be switched.

Common Carrier Regulation Of Telecommunications Contracts And The Private Carrier Alternative, Peter K. Pitsch, Arthur W. Bresnahan

Federal Communications Law Journal

The Communications Act of 1934 requires, among other things, that telephone companies as "common carriers" make their services available to the general public at affordable rates. The Federal Communications Commission (FCC) has the authority to classify telephone services as common carriers as well as the ability to remove common carrier regulation to promote competition, satisfy consumer demand for individually tailored offerings, and avoid unnecessary regulatory costs. The Authors of this Article believe that the FCC should remove the common carrier regulation from certain long-distance service contracts and that such regulation is consistent with the deregulatory aims of the recent Telecommunications …

Mergers In Mobile Telecommunications Services: A Primer On The Analysis Of Their Competitive Effects, John W. Berresford

Federal Communications Law Journal

Mobile telecommunications businesses are undergoing an unprecedented period of mergers which may result in a national network for Personal Communications Services. All of these transactions require the approval of the Federal Communications Commission (FCC), which is in the process of issuing thousands of local, regional, and nationwide licenses. The FCC grants the licenses under "the public interest" standard of the Communications Act of 1934, which requires an analysis of each proposed merger's effect on competition.

The Author begins his description of the analytic framework used by the FCC by describing its variables. Part I describes the "product market," which must …

Vertical Integration And Program Access In The Cable Television Industry, David Waterman

Federal Communications Law Journal

As a result of the 1992 Cable Television Act, the FCC set out regulations intended to encourage competition to established cable operators by insuring that alternative multichannel video programming distributors (MVPDs), such as MMDS, SMATV, DBS, and "overbuilt" cable systems have access to programming on the same terms and conditions as established cable operators. The FCC's specific regulations, however, apply only to program suppliers in which any cable operator has a 5 percent or greater equity interest. These vertically integrated programmers are prohibited from any price discrimination in any market (except for differences the programmer can justify on the basis …

The Fcc's Regulation Of The New Video Media : Backing And Filling On The Level Playing Field, Michael Botein

Books

No abstract provided.

Deregulating The Second Republic, Andrew C. Barrett

Federal Communications Law Journal

No abstract provided.

Fcc Plus Sixty, Larry King

Federal Communications Law Journal

No abstract provided.

Second Chance, Newton N. Minow

Federal Communications Law Journal

No abstract provided.

The Unfinished Task Of Spectrum Policy Reform, Janice Obuchowski

Federal Communications Law Journal

No abstract provided.

Q'S World: The Future Of Broadcast Regulation, James H. Quello

Federal Communications Law Journal

No abstract provided.

On The Sixtieth Anniversary Of The Communications Act Of 1934, Joel Rosenbloom

Federal Communications Law Journal

No abstract provided.

Public Access: Fortifying The Electronic Soapbox, Jason Roberts

Federal Communications Law Journal

Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …

Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno

Federal Communications Law Journal

The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning …

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …

Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam

Vanderbilt Law Review

During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …

Regulatory Approaches To Television Network Control Of The Program Procurement Process: An Historical Perspective, Mario J. Suarez

Fordham Urban Law Journal

This article takes a comprehensive look at the television program procurement process and assesses the three major networks' market market power in this area. It examines the previous FCC regulations and Justice Department inquiries addressing the alleged television network monopoly power over television program procurement. Finally, this article assess the benefits and drawbacks of these overlapping areas of regulation and the Justice Department's recent antitrust lawsuit against the television networks.

Breaking Out Of The Regulatory Dilemma: Alternatives To The Sterile Choice, Roger G. Noll

Indiana Law Journal

Colloquium: The Deregulation of Industry

The Federal Communications Commission And The Bell System: Abdication Of Regulatory Responsibility, Gerald F. George

Indiana Law Journal

No abstract provided.