Communications Law Commons^™

To V Or Not To V - That Is The Regulatory Question: The Role Of The V-Chip In Government Regulation Of Broadcast And Cable Indecency, Marie A. Ryan

Cardozo Journal of Equal Rights & Social Justice

The note argues that the current regulatory distinctions between broadcast and cable television in the United States are outdated and should be unified to better protect children from indecent content while respecting adult First Amendment rights. It proposes adopting a consistent "safe harbor" provision for both broadcast and basic cable television, combined with the use of the V-chip technology, as a constitutionally sound and less restrictive means of achieving the government's dual objectives of supporting parental authority and safeguarding children's well-being.

The Telecommunications Revolution: Will The Dust Ever Settle?, Oregon Law Institute, Davis Wright Tremaine, Charles L. Best, Sue E. Weiske, William Covington, Simon J. Ffitch, David C. Olson, Mary Burns Tomlinson

Oregon Law Institute, 1996

Course Materials from the November 15, 1996 Program in Portland

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.

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, …

Broadcast Self-Regulation: The Nab Codes, Family Viewing Hour, And Television Violence, Mark M. Maccarthy

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump

University of Michigan Journal of Law Reform

This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …

Setting Standards For High Definition Television: Federal Policy Must Promote More Than Just A Better Picture, George Snyder Jr.

Buffalo Law Review

No abstract provided.

Broadcasting And The Administrative Process In Japan And The United States, Jonathan Weinberg

Buffalo Law Review

No abstract provided.

American Broadcasting And The First Amendment, René L. Todd

Michigan Law Review

A Review of American Broadcasting and the First Amendment by Lucas A. Powe, Jr.

Shnitzer V. Chief Military Censor, Aharon Barak, Yaakov Melitz, Shulamit Wallenstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

This petition concerns the decision by the First Respondent to prohibit, under its authority according to Regulation 87(1) of the Defense Regulations (State of Emergency) 1945, the publication of a newspaper article criticizing the functioning of the Director of the Institute for Intelligence and Special Operations (the “Mossad”,) while noting the upcoming change in Mossad directors. After submitting to the First Respondent different versions …

The Privacy Act And The Freedom Of Information Act: Conflict And Resolution, 21 J. Marshall L. Rev. 703 (1988), Thomas M. Susman

UIC Law Review

No abstract provided.

Communications Policy-Making At The Fcc: Past Practices, Future Direction, Stuart N. Brotman

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Misregulating Television: Network Dominance And The Fcc, Robert R. Morse Jr.

Michigan Law Review

A Review of Misregulating Television: Network Dominance and the FCC by Stanley M. Besen, Thomas G. Krattenmaker, A. Richard Metzger, Jr. and John R. Woodbury

Misrepresentation And The Fcc, Brian C. Murchison

Scholarly Articles

None available.

Information Law Overview, 18 J. Marshall L. Rev. 815 (1985), George B. Trubow

UIC Law Review

No abstract provided.

The Fairness Doctrine: Fair To Whom, Loretta T. Menkes

Cleveland State Law Review

This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.

Administrative Law - Freedom Of Information Act - Exemption 5 Includes A Qualified Privilege For Confidential Commercial Information, Roman J. Koropey

Villanova Law Review (1956 - )

No abstract provided.

Regulation Of Indecency In Political Broadcasting, Jonathan Golomb

University of Michigan Journal of Law Reform

The article considers both the constitutional and statutory aspects of the regulation of indecency in political broadcasting. The discussion is limited to considering "indecency," a term excluding obscenity or incitement to violence, because the government's power to regulate these types of speech is well established. Indecent speech would be protected if used in the print media, since it does not fall within the established First Amendment exceptions. The basic constitutional question, therefore, is whether the broadcast media are inherently different from the print media, so as to justify different treatment of indecent political speech. This article will contend that they …

Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman

University of Michigan Journal of Law Reform

The FCC's new interpretation of section 315(a) in the Aspen ruling greatly reduced its inhibitory effect on broadcasters. The ruling, however, has created further interpretive problems regarding the broadcast debate format, and has not completely resolved the more general problem of giving the electorate greater and more direct exposure to candidates during campaigns through programming that forces candidates to confront each other on the major issues. This article will discuss the. background of section 315(a), then explain each of its exemptions. Finally, it will propose possible reforms in the area of political broadcasting in light of the Aspen ruling.

Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher

Villanova Law Review (1956 - )

No abstract provided.

The Power Of The Fcc To Regulate Newspaper-Broadcast Cross-Ownership: The Need For Congressional Clarification, Michigan Law Review

Michigan Law Review

The controversy surrounding the FCC's Second Report and . Order, its appeal, and the subsequent decision in NCCB raises basic questions concerning the statutory authority of the FCC to promulgate rules concerning newspaper-broadcast cross-ownership. This Note suggests that the FCC, notwithstanding judicial affirmation in NCCB of the Commission's authority to adopt such rules, might well be exercising more authority than Congress intended it to possess under the Communications Act of 1934. This Note therefore concludes that, irrespective of the merits of the Second Report and Order, Congress should reexamine and clarify the scope of the FCC's power in this regard.

When Is A Performance Not A Performance?—Twentieth Century Music Corp. V. Aiken And Its Catv Precedents, Charlotte D. Roederer

Buffalo Law Review

No abstract provided.

Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney

University of Richmond Law Review

On Thursday, September 20, 1973, from 9:00 p.m. to 11:15 p.m., the Columbia Broadcasting System presented "Bonnie and Clyde," a film featuring extraordinary portrayals of violence, including close-ups of participants being shot in the face. This movie was scheduled by CBS to counteract the highly publicized tennis match between Bobby Riggs and Billie Jean King being shown by the American Broadcasting Company. The following Saturday, during prime time, ABC aired "Rosemary's Baby," a horror film involving the possession of a pregnant woman by Mephistopheles leading to the birth of a devil. This program followed the children-oriented "Patridge Family" show. While …

Federal Communications Commission Regulation Of Domestic Computer Communications: A Competitive Reformation, Barry Taub

Buffalo Law Review

No abstract provided.

The Fcc Computer Inquiry: Interfaces Of Competitive And Regulated Markets, Michigan Law Review

Michigan Law Review

Since the advent of computer technology, data processing and communication services have become increasingly interdependent. In 1966, the Federal Communications Commission launched the Computer Inquiry to explore the broad range of regulatory and policy problems generated by this technological development.2

Comparative Broadcast Licensing Procedures And The Rule Of Law: A Fuller Investigation, Michael Botein

Scholarly Works

Professor Botein examines the validity of Professor Fuller's widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social tasks, which Fuller had labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a problem unsuited to adjudication. Taking as his starting point Professor Fuller's criticism of the FCC -- a criticism Fuller never tested against the Commission's actual operations -- Professor Botein examines Fuller's theory of polycentricity by analyzing its contents, applying it to concrete situations, and exploring whether there exists any alternatives better than …

The Copyright Law And Its Relevance To Catv: Can An Old Dog Be Taught New Tricks, Alan R. Chase

Buffalo Law Review

No abstract provided.

The Fcc's Role In Tv Programming Regulation, Edmund A. Barker

Villanova Law Review (1956 - )

No abstract provided.

Program Control, Louis L. Jaffe

Villanova Law Review (1956 - )

No abstract provided.

The Fcc's Role In Television Programming Regulation, Kenneth A. Cox

Villanova Law Review (1956 - )

No abstract provided.