Law Commons^™

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.

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

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

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

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

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 …

Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Ellen S. Moore

University of Richmond Law Review

No abstract provided.

Analyzing U.S. Antitrust Jurisdiction Over Foreign Parties After Empagran S.A. V. F. Hoffinan-Laroche, Ltd., Andrew Stanger

BYU Law Review

No abstract provided.

Transparency In Federal Antitrust Enforcement, Warren S. Grimes

Buffalo Law Review

No abstract provided.

Putting The Antitrust Modernization Commission Into Perspective, Albert A. Foer

Buffalo Law Review

No abstract provided.

Comments On Warren Grimes: Transparency In Federal Antitrust Enforcement, Robert Pitofsky

Buffalo Law Review

No abstract provided.

Transparency In Antitrust—Do What We Say And Not What We Do: Some Reflections On Professor Grimes's Quest, Peter C. Cartensen

Buffalo Law Review

No abstract provided.

Transparency In Federal Antitrust Enforcement Decisions: A Reaction To Professor Grimes, John M. Nannes

Buffalo Law Review

No abstract provided.

Surviving The Shipwreck: A Proposal To Revive The Failing Division Defense, Amanda L. Wait

William & Mary Law Review

No abstract provided.

Tfosorcim And Cromiftos: Why High-Technology Antitrust Inquiry Is Backwards And Inside-Out, Jon Polenberg

University of Miami Law Review

No abstract provided.

Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate

Federal Communications Law Journal

No abstract provided.

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

Federal Communications Law Journal

No abstract provided.

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

Federal Communications Law Journal

No abstract provided.

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

Federal Communications Law Journal

No abstract provided.

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

Federal Communications Law Journal

No abstract provided.

Manhattan, Cass R. Sunstein

Federal Communications Law Journal

No abstract provided.

Measuring Quality Television, Russ Taylor

Federal Communications Law Journal

No abstract provided.

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 …

Resolving The Patent-Antitrust Paradox Through Tripartite Innovation, Michael A. Carrier

Vanderbilt Law Review

The issues presented by-the intersection of the patent system and the antitrust laws have never been as pressing as they are today. The number of issued patents is skyrocketing. Companies are more frequently entering into arrangements with competitors not only to recover their investment from creating patented products but also to avoid the patent landmines that line the path of innovation. They form patent pools for laser eye surgery, MPEG-2 video compression technology, and DVD formatting; enter into alliances, mergers, and settlements in the biopharmaceutical industry; refuse to license their patented products in various industries; and cross-license their patents in …

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

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 …