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Articles 91 - 120 of 123
Full-Text Articles in Administrative Law
Measuring Quality Television, Russ Taylor
Measuring Quality Television, Russ Taylor
Federal Communications Law Journal
No abstract provided.
I Want My C-Span, Bruce W. Sanford
I Want My C-Span, Bruce W. Sanford
Federal Communications Law Journal
No abstract provided.
Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman
Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman
Federal Communications Law Journal
No abstract provided.
The “Vast Wasteland” In Retrospect, Joel Rosenbloom
The “Vast Wasteland” In Retrospect, Joel Rosenbloom
Federal Communications Law Journal
No abstract provided.
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon
Federal Communications Law Journal
The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …
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
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 …
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney
Federal Communications Law Journal
This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.
From Diversity To Duplication: Mega-Mergers And The Failure Of The Marketplace Model Under The Telecommunications Act Of 1996, Anastasia Bednarski
From Diversity To Duplication: Mega-Mergers And The Failure Of The Marketplace Model Under The Telecommunications Act Of 1996, Anastasia Bednarski
Federal Communications Law Journal
"Mega-owners" in the radio regime became possible with the Telecommunications Act of 1996, which radically deregulated national and local radio station ownership limits that had been in existence for almost sixty years. The Act reflected Congress's firm belief that a deregulated marketplace would best serve the public interest. This Note argues that the 1996 Act is an example of excessive adherence to the marketplace model, particularly for regulating the radio industry. The Author argues that although a less extreme marketplace model has guided the FCC's regulation of radio since the early 1980s, the current incarnation of the marketplace model is …
Toward A Next Generation Regulatory Strategy, Philip J. Weiser
Toward A Next Generation Regulatory Strategy, Philip J. Weiser
Publications
The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory …
Cooperative Federalism And Its Challenges, Philip J. Weiser
Cooperative Federalism And Its Challenges, Philip J. Weiser
Publications
No abstract provided.
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Regulatory Challenges And Models Of Regulation, Philip J. Weiser
Publications
No abstract provided.
The Fcc’S Main Studio Rule: Achieving Little For Localism At A Great Cost To Broadcasters, David M. Silverman, David N. Tobenkin
The Fcc’S Main Studio Rule: Achieving Little For Localism At A Great Cost To Broadcasters, David M. Silverman, David N. Tobenkin
Federal Communications Law Journal
Localism, the communications law policy that requires spectrum licensees to serve the needs of local communities, represents a bedrock concept in the Communications Act and the Federal Communications Commission’s jurisprudence. The Commission’s sixty-year-old main studio rule provides a vivid example of this principle. Broadcasters often find compliance with this rule difficult and an exercise in form over substance, raising legitimate questions about the continued need and rationale for the rule. This Article examines the rule’s evolution and its current problematic state, and analyzes whether its modification or elimination would better conserve the resources of both broadcasters and the Commission, without …
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser
Publications
Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …
Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser
Internet Governance, Standard Setting, And Self-Regulation, Philip J. Weiser
Publications
No abstract provided.
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
The Fcc’S Implementation Of The 1996 Act: Agency Litigation Strategies And Delay, Rebecca Beynon
Federal Communications Law Journal
Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996, the FCC has been under attack in the courts. The road has been a rough one, and the Commission has lost on a good many issues. The Commission has regularly accused its opponents in these legal battles-chiefly the incumbent local exchange carriers-of using litigation to impede the implementation of the 1996 Act’s local competition provisions. As discussed in this Article, if litigation has in fact slowed the introduction of competition in the local exchange markets, the Commission itself must share some of the …
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
The Fcc’S Financial Qualification Requirements: Economic Evaluation Of A Barrier To Entry For Minority Broadcasters, Yale M. Braunstein
Federal Communications Law Journal
When analyzing issues surrounding minority ownership of media, scholars have often noted that policy discussions in the area suffer from the linked problems of inadequate data and a lack of tools with which to analyze the data that do exist and might be collected. In Issue Three of Volume 51, several authors made this particular observation. To address this problem, This Article shows how one may use economic analysis and a financial model of a "typical" radio broadcaster to quantify the effects of specific policies. Specifically, the Article focuses on barriers to entry imposed by the FCC’s financial qualification requirements …
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Too Much Power, Too Little Restraint: How The Fcc Expands Its Reach Through Unenforceable And Unwieldy “Voluntary” Agreements, Bryan N. Tramont
Federal Communications Law Journal
The character of a regulatory agency is most severely tested at the zenith of its power. When the Federal Communications Commission ("FCC" or "Commission") breaks free of the limitations imposed by the law, the Commission’s leadership sets its own course. It is at these times, when legal oversight is at a minimum, that it becomes most important for the agency to "pay more attention to justice." Unfortunately, as outlined in this Article, the FCC has often failed this test of institutional character. In at least three contexts, the Commission has proven to be something less than a benevolent master. In …
Reflections On The Fcc’S Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Reflections On The Fcc’S Recent Approach To Structural Regulation Of The Electronic Mass Media, Lili Levi
Federal Communications Law Journal
No abstract provided.
Private Property Rights And Telecommunications Policy: Hearing Before The H. Comm. On The Judiciary, 106th Cong., Mar. 21, 2000 (Statement Of Viet D. Dinh, Prof. Of Law, Geo. U. L. Center), Viet D. Dinh
Testimony Before Congress
No abstract provided.
A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine
A History And Analysis Of The Federal Communications Commission’S Response To Radio Broadcast Hoaxes, Justin Levine
Federal Communications Law Journal
Courts have long held that the government can punish an individual for falsely shouting "Fire!" in a crowded theater. But what is a government agency to do when the venue is none other than a theater of the imagination heard throughout the nation? Ever since the broadcast of Orson Welles's War of the Worlds, the FCC has struggled to find a balance in preventing harmful broadcast hoaxes while still encouraging radio to develop vibrant, imaginative programming. What defines a hoax deemed harmful to the public interest versus one that constitutes mere playful entertainment? This Article details the major events and …
Paradigm Changes In Telecommunications Regulation, Phil Weiser
Paradigm Changes In Telecommunications Regulation, Phil Weiser
Publications
No abstract provided.
The Battle For Portland, Maine, L. Andrew Tollin
The Battle For Portland, Maine, L. Andrew Tollin
Federal Communications Law Journal
In 1985, when the FCC began the competitive process of deciding who would be licensed to provide cellular telephone service to Portland, Maine, chaos and irony reigned. Thirteen years later, after a bitter legal battle among local telephone companies, a provider was finally selected. At one point or another, all three branches of government became involved. The license itself changed hands three times during the case and, in essence, three different telephone systems were constructed. Ultimately, the case was decided on the basis of whether the FCC complied with a preexisting federal law, the Paperwork Reduction Act, in adopting the …
From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak
From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak
Federal Communications Law Journal
No abstract provided.
Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt
Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt
Federal Communications Law Journal
This Article explores the Federal Communication Commission’s efforts to regulate into being marketplace economic forces through price cap regulation. A comprehensive analysis of the history and policies behind price cap regulation of LECs offers guidance for the future. Ultimately, while progress towards local exchange competition has been made, certain important adjustments should be implemented to allow price caps to achieve their full potential. These changes, consistent with the original theory of price caps, will in turn help speed the transition to competition.
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon
Federal Communications Law Journal
This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
Federal Communications Law Journal
At a time when the FCC is in the process of implementing the massive 1996 Telecommunications Act, a number of commentators have been calling for drastic change in the agency's structure. There most certainly are legitimate questions about how the modern FCC should be organized. A single-administrator model, which has been successful in the United Kingdom, could provide a more stable and predictable regulatory environment than currently exists. The advantages of a single administrator over a multimember commission are substantial and provide a conservative alternative to calls for the elimination of the agency. Such change would enable the FCC to …
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Do You Feel The Sunshine? Government In The Sunshine Act: Its Objectives, Goals, And Effect On The Fcc And You, Kathy Bradley
Federal Communications Law Journal
This Note posits that the Sunshine Act should be narrowed to allow the FCC to operate in the same way as Congress and the Federal courts. The FCC should be allowed to engage in open and frank discussion of issues facing the Commission without rigid restrictions on collegial conversation between Commission members.
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak
University of Richmond Law Review
"Family values" has become a familiar phrase in all arenas of American life. As a result of the increasing concern over family values in broadcasting, the religious right, as well as the liberal left, have tried to stay the progression of moral decadence in our youth. The concerns have been directed towards violent, sexual and vulgar content in radio, television, and films.
Misrepresentation And The Fcc, Brian C. Murchison