Law Commons^™

Welcoming Remarks And Statement Of The Issues, Fred H. Cate

Federal Communications Law Journal

The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …

The Information Highway Must Pay Its Way Through Cities: A Discussion Of The Authority Of State And Local Governments To Be Compensated For The Use Of Public Rights-Of-Way, Clarence A. West

Michigan Telecommunications & Technology Law Review

In the ever-changing telecommunications industry there appears to be an enormous amount of confusion not only as to the appropriate amount of compensation chargeable to the users of public rights-of-way, but also as to the very authority of state and local governments to require compensation. This was not always the case. It has long been a well-settled legal principle that local governments may receive reasonable "rental" compensation from private commercial entities for their use of local public property for private economic gain, even where federal statutory law restricts local governments from denying access to rights-of-way for telecommunications services. For example, …

Unconstitutional Telco-Cable Cross-Ownership Ban: It Seemed Like A Good Idea At The Time, Arthur Bresnahan

Michigan Telecommunications & Technology Law Review

This article is a survey of the law regarding the federal government's ability to regulate a telephone company's provision of video programming to subscribers in its service area. Part I of the article is a history of the telco-cable cross-ownership ban. Part II is an analysis of the cases striking down the ban, exploring the rationale of these cases on a consolidated basis. Part III is a summary of the applicable standards by which to evaluate future attempts by Congress or the FCC to regulate telephone companies' provision of video programming.

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 …

Give Peace A Chance: Fcc-State Relations After California Iii, Jonathan Jacob Nadler

Federal Communications Law Journal

The Communications Act of 1934 established a dual regulatory scheme, whereby the FCC has authority over interstate telecommunications service, while the states retain authority over purely intrastate telecommunications. This has led to a "border war" between the FCC and the states over exactly where the dividing line between their respective regulatory spheres lies. They have also clashed over the scope of permissible FCC preemption of state regulatory authority when that authority conflicts with federal policies. After twenty years of conflict, however, three recent appellate decisions may have provided an opportunity to bring the conflict to an end by clarifying both …

Flag On The Play? The Siphoning Effect On Sports Television, Phillip M. Cox Ii

Federal Communications Law Journal

The tradition of watching the Sunday afternoon football game in front of the television began in 1939. Since then, sports broadcasting has become one of the most powerful revenue-building tools for both media and sports leagues alike. Sports programming is increasingly available only through cable and pay-per-view television, which limits viewers' access to free broadcast televised sporting events. Legislators have now directed the Federal Communications Commission to study the effects of paid access to sports broadcasts, with an eye toward protecting viewers' rights to free access to sports on television.

This Note explains the impact of the Sports Broadcasting Act …