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Articles 61 - 90 of 123

Full-Text Articles in Administrative Law

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer Mar 2005

Four More Years... Of The Status Quo? How Simple Principles Can Lead Us Out Of The Regulatory Wilderness, Adam Thierer

Federal Communications Law Journal

No abstract provided.


The Broadcast Flag: It's Not Just Tv, Wendy Seltzer Mar 2005

The Broadcast Flag: It's Not Just Tv, Wendy Seltzer

Federal Communications Law Journal

No abstract provided.


Time For Change On Media Cross-Ownership Regulation, John F. Sturm Mar 2005

Time For Change On Media Cross-Ownership Regulation, John F. Sturm

Federal Communications Law Journal

No abstract provided.


Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest Mar 2005

Recent Developments In Program Content Regulation, Richard E. Wiley, Lawrence W. Secrest

Federal Communications Law Journal

No abstract provided.


My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner Mar 2005

My Beef With Big Media: How Government Protects Big Media-And Shuts Out Upstarts Like Me., Ted Turner

Federal Communications Law Journal

No abstract provided.


Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan Mar 2005

Broadcast Flags And The War Against Digital Television Piracy: A Solution Or Dilemma For The Digital Era?, Debra Kaplan

Federal Communications Law Journal

With the advent of digital TV, many homes in the U.S. are now on the cutting edge of what is likely to be a sea change in how this country watches TV. While these homes can now begin to enjoy the numerous benefits of the technology, regulators and industry experts are working to craft responses to problems, both actual and anticipated, that the technology creates. Mindful of the piracy issues that came with the popularity of digital file formats in the music industry, the FCC addressed piracy in the digital TV context by endorsing the use of "broadcast flags" on …


Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin Jan 2005

Lessons From The Nextwave Saga: The Federal Communications Commission, The Courts, And The Use Of Market Forms To Perform Public Functions, Rodger D. Citron, John A. Rogovin

Scholarly Works

No abstract provided.


A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins Jan 2005

A New Method For Regulatory Antitrust Analysis? Verizon Communications Inc. V. Trinko, James E. Scheuermann, William D. Semins

Richmond Journal of Law & Technology

It is a commonplace to speak of the application of law to facts. Application is a practical art, and thus involves method. Curiously, there is a paucity of discussion of the various methods by which substantive legal standards are applied to facts. This omission is significant. Method is not outcome-determinative in all cases, but, at a minimum, it guides analysis, opening certain possibilities and foreclosing others.


The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar Dec 2004

The Road Not Yet Traveled: Why The Fcc Should Issue Digital Must-Carry Rules For Public Television "First", Andrew D. Cotlar

Federal Communications Law Journal

After having recently adopted a variety of complex decisions concerning the digital television transition, the Federal Communications Commission ("FCC") may be poised in the next year to address the issue of mandatory cable carriage of digital broadcast television signals. In this regard, it may reasonably consider the possibility of crafting digital carriage rules for public television stations first without ruling positively or negatively on carriage of commercial stations. This action may legitimately be based on the unique legislative and factual differences between the noncommercial and commercial service and would be constitutionally permissible. This Article sets forth the legal basis for …


Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden Dec 2004

Competition Versus Regulation: "Mediating Between Right And Right'* In The Wireless And Wireline Telephone Industries, Benjamin Douglas Arden

Federal Communications Law Journal

The wireline telephone industry in the United States is the most complete and sophisticated system in the world, built under 100 years of strict government regulation. While the wireline telephone industry was built under a scheme emphasizing regulatory control, the infancy of the wireless telephone industry has been subject to increasing deregulation and reliance on free market forces to guide the industry's development. It has been suggested that this shift in policy reflects the acknowledged failure of strict government regulation. This Note argues that the shift in regulatory policy reflects a difference in circumstances between the development of the wireless …


Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson Mar 2004

Unmasking Hidden Commercials In Broadcasting: Origins Of The Sponsorship Identification Regulations, 1927-1963, Richard Kielbowicz, Linda Lawson

Federal Communications Law Journal

This Article by Richard Kielbowicz and Linda Lawson is an exploration of the origins of sponsorship identification regulations as they pertained to early radio and television programming. Beginning with the statutory sponsorship identification requirement enacted in 1927, the Authors trace the development of sponsorship identification rules in the communications industry. By arguing that such rules express a basic goal of American communication law and policy, Kielbowicz and Lawson analyze trends and developments in sponsorship regulation that did not materialize in the 1930s and 1940s because of the nature of early broadcast sponsorship. The Authors then assert that those same early …


Finding Substance In The Fcc's Policy Of "Substantial Service", Jennifer Prime Mar 2004

Finding Substance In The Fcc's Policy Of "Substantial Service", Jennifer Prime

Federal Communications Law Journal

An FCC license for the use of the electromagnetic spectrum is a valuable asset, but it exists only for a limited duration. Therefore, obtaining a license renewal is vital to a licensee, especially one who has participated in an auction and made substantial investments in order to obtain the rights the license confers. This Note describes the mechanisms by which licensees obtain greater certainty that their licenses will be renewed, including the concept of renewal expectancy. One form of such expectancy is the ambiguous "substantial service" requirement. This Note explains the origins of the term, discusses its current uses, and …


Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda Jan 2004

Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …


Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda Jan 2004

Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda

Richmond Journal of Law & Technology

America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.


Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan May 2003

Whatever Happened To Local News?: The “Vast Wasteland” Reconsidered, Geoffrey Cowan

Federal Communications Law Journal

No abstract provided.


The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy May 2003

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.


Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman May 2003

Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman

Federal Communications Law Journal

No abstract provided.


Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate May 2003

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

Federal Communications Law Journal

No abstract provided.


Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird May 2003

Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird

Federal Communications Law Journal

No abstract provided.


Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner May 2003

Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” Speech Revisited, Jonathan Blake May 2003

The “Vast Wasteland” Speech Revisited, Jonathan Blake

Federal Communications Law Journal

No abstract provided.


Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere May 2003

Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps May 2003

The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps

Federal Communications Law Journal

No abstract provided.


Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey May 2003

Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey

Federal Communications Law Journal

No abstract provided.


From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone May 2003

From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone

Federal Communications Law Journal

No abstract provided.


Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts May 2003

Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts

Federal Communications Law Journal

No abstract provided.


Promoting The Public Interest In The Digital Era, Henry Geller May 2003

Promoting The Public Interest In The Digital Era, Henry Geller

Federal Communications Law Journal

No abstract provided.


Forty Years Of Wandering In The Wasteland, Nicholas Johnson May 2003

Forty Years Of Wandering In The Wasteland, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.


Coming Of Age In Minnesota, Jane E. Kirtley May 2003

Coming Of Age In Minnesota, Jane E. Kirtley

Federal Communications Law Journal

No abstract provided.


Manhattan, Cass R. Sunstein May 2003

Manhattan, Cass R. Sunstein

Federal Communications Law Journal

No abstract provided.