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Articles 1 - 14 of 14
Full-Text Articles in Law
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
I Want My Mtv, But Not Your Vh1: A La Carte Cable, Bundling, And The Potential Great Cable Compromise, Holly Phillips
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
The Fourth Estate And The Third Level: Turner Broadcasting System, Inc. V. Federal Communications Commission—Cable Television And Intermediate Scrutiny, R. Stuart Phillips
Pepperdine Law Review
No abstract provided.
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Unfit For Prime Time: Why Cable Television Regulations Cannot Perform Trinko's 'Antitrust Function', Keith Klovers
Michigan Law Review
Until recently, regulation and antitrust law operated in tandem to safeguard competition in regulated industries. In three recent decisions-Trinko, Credit Suisse, and Linkline-the Supreme Court limited the operation of the antitrust laws when regulation "performs the antitrust function." This Note argues that cable programming regulations-which are in some respects factually similar to the telecommunications regulations at issue in Trinko and Linkline-do not perform the antitrust function because they cannot deter anticompetitive conduct. As a result, Trinko and its siblings should not foreclose antitrust claims for damages that arise out of certain cable programming disputes.
Communications Law, Richard D. Harmon
Communications Law, Richard D. Harmon
Golden Gate University Law Review
No abstract provided.
Be Kind, Please Rewind - The Second Circuit Gives Cable Providers Something To Watch In Cartoon Network L.P., V. Csc Holdings, Inc., Peter Hamner
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Regulation Of The Video Marketplace: Access Duties Under The Video Dialtone Order & (And) The Cable Television Consumer Protection And Competition Act Of 1992, Robert K. Hahm
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Judicial Intrusion Into Cable Television Regulation: The Misuse Of O'Brien In Reviewing Compulsory Carriage Rules, Jonathan Mallamud
Judicial Intrusion Into Cable Television Regulation: The Misuse Of O'Brien In Reviewing Compulsory Carriage Rules, Jonathan Mallamud
Villanova Law Review
No abstract provided.
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
University of Michigan Journal of Law Reform
This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Cable Tv's "Must Carry" Rules: The Most Restrictive Alternative - Quincy Cable Tv, Inc. V. Fcc, Robert B. Hobbs Jr.
Campbell Law Review
This note first argues that the court correctly applied the least scrutinizing first amendment test to the facts of the case and concluded its inquiry after the rules failed that test. Second, this note argues that the FCC, while once on the correct regulatory path regarding cable, erred by not studying the potential impact of cable television on a case by case basis as the FCC had decided to do with competing broadcasters in Carroll Broadcasting, Inc. v. FCC. Third, this note concludes that the Quincy case will benefit cable operators financially and will provide proper protection of cable …
The Growing Pains Of Cable Television, Beth Bals
The Growing Pains Of Cable Television, Beth Bals
Campbell Law Review
This comment will reveal the limited application of the Capital Cities' decision with a discussion of FCC regulation of cable signal carriage and the Commission's reaction to cable content regulation. Recent challenges to local cable content regulation on the basis of first amendment concerns, as opposed to federal preemption, will also be highlighted.
Cable Television's Emerging Two-Way Services: A Dilemma For Federal And State Regulators, Frank W. Lloyd
Cable Television's Emerging Two-Way Services: A Dilemma For Federal And State Regulators, Frank W. Lloyd
Vanderbilt Law Review
Cable television as an entertainment medium has been the subject of various federal, state, and local regulatory schemes since its inception in the 1950's. The introduction of nonvideo two-way cable services that provide a capacity for responsive data and voice transmission between users of the two-way system has renewed interest in the appropriate role of government in the regulation of two-way cable services. Telephone companies in particular have pressed state and federal regulators to identify cable two-way systems as common carriers and to impose on them two-way cable common carrier regulations. In this Article Mr. Frank Lloyd discusses actual and …
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah
Cleveland State Law Review
This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …
The New Catv Rules: Proceed On Delayed Yellow, Roscoe L. Barrow
The New Catv Rules: Proceed On Delayed Yellow, Roscoe L. Barrow
Vanderbilt Law Review
Elites largely govern our nation's current decision-making process.The average citizen's failure to participate in that process perhaps derives largely from his inability to inform himself adequately on all the issues. However, the ability of cable television (CATV) to place each person in complete command of his informational and entertainment environment has thrust society upon the threshold of an electronic communications revolution. Indeed, if CATV is allowed to develop its full potential, the individual will not have to receive information and entertainment passively. Rather, CATV's virtue of two-way communication will permit him to transmit as well as receive information. His access …
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
Broadcasting, The Reluctant Dragon: Will The First Amendment Right Of Access End The Suppressing Of Controversial Ideas?, Donald M. Malone
University of Michigan Journal of Law Reform
The scope of this article will be limited to one aspect of electronic media programming-the extent to which the public is and should be exposed to an accurate cross section of public opinion and a broad range of controversial ideas. Many people, including the Federal Communications Commission (FCC), have acknowledged that a desirable goal for the broadcast media, particularly television, is to provide a marketplace for controversial ideas. Part II of this article will identify the principal reasons why that goal has not been achieved. Part III will examine the fairness doctrine, the antecedents of which have been traced back …