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Articles 421 - 450 of 563
Full-Text Articles in Communications Law
Law And Information Platforms, Philip J. Weiser
Acquisitions By Partially Privitized Firms: The Case Of Deutsche Telekom And Voicestream, J. Gregory Sidak
Acquisitions By Partially Privitized Firms: The Case Of Deutsche Telekom And Voicestream, J. Gregory Sidak
Federal Communications Law Journal
A recent phenomenon in competition policy is the acquisition of a private firm by an enterprise that is either wholly owned by government or in the midst of privatization. Such an acquisition poses the question of how public ownership may alter the incentives of a firm to engage in anticompetitive conduct. It also prompts one to examine the process by which such altered incentives revert, as the level of government ownership declines, to the same incentives that face purely private firms. Using Deutsche Telekom's acquisition of VoiceStream Wireless as a case study, this Article presents the economic questions relevant to …
A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard
A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard
Federal Communications Law Journal
For more than half a century, a desire for "diverse and antagonistic sources" has been a fundamental principle of communications policy in the United States. Many question, however, whether current FCC policies intended to foster diversity of news and views in the content of the mass media actually do so. Nowhere is this issue raised more starkly than with respect to the Commission's controversial 1975 rule that prohibited the common ownership of a daily newspaper and a broadcast station in the same market. This Article examines the results of a study of diversity of information and viewpoints about the 2000 …
The Persistence Of The Dirigiste Model: Wireless Spectrum Allocation In Europe, À La Francaise., Russell Carlberg
The Persistence Of The Dirigiste Model: Wireless Spectrum Allocation In Europe, À La Francaise., Russell Carlberg
Federal Communications Law Journal
This Note examines spectrum allocation for 3G mobile wireless networks in Europe in light of larger EC telecommunications and competition policies. The European Commission has allowed each member state to allocate spectrum to firms in two ways: (1) by the free market auction; and (2) by the "beauty pageant" method by which firms submit detailed proposals to the government, and government bureaucrats make the final selections. This Note focuses on France as the prime example of the beauty pageant method, and argues that, despite the "excesses" of the prices of spectrum on the free market auctions, the beauty pageant method …
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
The Public Interest Standard: Is It Too Indeterminate To Be Constitutional?, Randolph J. May
Federal Communications Law Journal
This Article argues that the congressional delegation of public interest authority to the FCC likely violates the nondelegation doctrine that inheres in the constitutional separation of powers scheme and that, even if the courts do not hold the public interest delegation unconstitutional, Congress should revise the Communications Act to set forth more specific guidance for the FCC. In today’s environment of “convergence,” in which competition is flourishing across communications sectors, Congress should not shirk its responsibility to establish fundamental policy for an industry that contributes so much to the overall health of our economy. This Article argues that Congress should …
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 …
Paved With Good Intentions: How Interlata Data Relief Undermines The Competitive Provisions Of The 1996 Act, Jean F. Walker
Paved With Good Intentions: How Interlata Data Relief Undermines The Competitive Provisions Of The 1996 Act, Jean F. Walker
Federal Communications Law Journal
In the past few decades, the competitive climate has transformed for telecommunications companies from unification to fragmentation and back again. Rapidly changing technologies have created a “digital divide”—a technological gap between the “haves” and the “have nots.” H.R. 1542 attempts to solve the problem of the digital divide by providing Bell operating companies with expansive interLATA relief for data services. Although this bill has been a long time in the making, its sponsor, Representative Tauzin, recently reintroduced it in committee. This Note examines the problem of the digital divide, and provides the context in which H.R. 1542 developed. It also …
Is Isp-Bound Traffic Local Or Interstate?, Thomas W. Bonnett
Is Isp-Bound Traffic Local Or Interstate?, Thomas W. Bonnett
Federal Communications Law Journal
The shape of communications policy has been influenced by the jurisdictional tension between federal and state agencies and by the interplay between rival telecommunication providers. From the outset, the publicly switched telephone network (“PSTN”) was monopolistic and dually regulated by federal and state agencies. In recent years, facilitated by the Telecommunications Act of 1996, vast competition in the local exchange market has developed between incumbent carriers and competitive carriers. This Article provides an overview of this competition and analyzes the dual regulation of the PSTN. In addition, this Article discusses the dispute between incumbents and competitive carriers as to whether …
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Protecting Privacy And Enabling Pharmaceutical Sales On The Internet: A Comparative Analysis Of The United States And Canada, Nicole A. Rothstein
Federal Communications Law Journal
The Internet raises enhanced and unique concerns regarding informational health privacy and Internet pharmacy sales. As technology advances and the Internet changes the way people obtain medical services and products, protecting consumers and their informational health data in online pharmaceutical transactions is paramount. This Comment charts and compares the existing legal frameworks in the United States and Canada relative to informational health privacy. Following this discussion, each legal framework comes into sharp focus with regard to Internet pharmacy sales. Ultimately, this Comment concludes that based on the highly sensitive nature of personal medical information, a baseline privacy standard should be …
Connecting The World: The Development Of The Global Information Infrastructure, Tanya L. Yarbrough
Connecting The World: The Development Of The Global Information Infrastructure, Tanya L. Yarbrough
Federal Communications Law Journal
The International Telecommunication Union, a United Nations organization, has led the charge in developing a truly global economy through its efforts to develop the Global Information Infrastructure (“GII”). The GII would result in universal access to telecommunications and information technology and basic communications services. This Note explains the roles of the agencies involved in the development of the GII and the forces driving its development. It also discusses regulatory issues affecting the implementation and feasibility of the GII. Ultimately, this Note sketches the optimal environment for the evolution of the GII.
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 Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
The Rights Of Common Carriers And The Decision Whether To Be A Common Carrier Or A Non-Regulated Communications Provider, James H. Lister
Federal Communications Law Journal
The decision whether to be a regulated common carrier or a non-regulated communications provider carries with it numerous benefits and burdens that must be weighed. Although one may automatically assume that non-regulation is preferable, that may not always be the case. This Article directly addresses the decision of whether to be a lightly-regulated non-dominant common carrier or a non-regulated private carrier. The Article argues that certain statutory and regulatory rights enjoyed by common carriers are more important than the minimal regulatory burdens associated with non-dominant common carrier regulation.
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 …
Structural Regulation Of The Media And The Diversity Rationale, Jerome A. Barron
Structural Regulation Of The Media And The Diversity Rationale, Jerome A. Barron
Federal Communications Law Journal
No abstract provided.
Joint Statement Of Sumner M. Redstone Chairman And Chief Executive Officer Viacom Inc. And Mel Karmazin President And Chief Executive Officer Of Cbs Corp., Summer M. Redstone, Mel Karmazin
Joint Statement Of Sumner M. Redstone Chairman And Chief Executive Officer Viacom Inc. And Mel Karmazin President And Chief Executive Officer Of Cbs Corp., Summer M. Redstone, Mel Karmazin
Federal Communications Law Journal
No abstract provided.
Growing Media Consolidation Must Be Examined To Preserve Our Democracy, Paul Wellstone
Growing Media Consolidation Must Be Examined To Preserve Our Democracy, Paul Wellstone
Federal Communications Law Journal
No abstract provided.
Letter Of Introduction, M. Anne Swanson
Letter Of Introduction, M. Anne Swanson
Federal Communications Law Journal
No abstract provided.
From Consumers To Users: Shifting The Deeper Structures Of Regulation Toward Sustainable Commons And User Access, Yochai Benkler
From Consumers To Users: Shifting The Deeper Structures Of Regulation Toward Sustainable Commons And User Access, Yochai Benkler
Federal Communications Law Journal
No abstract provided.
The Cbs-Viacom Merger: Impact On Journalism, Jim Parker
The Cbs-Viacom Merger: Impact On Journalism, Jim Parker
Federal Communications Law Journal
No abstract provided.
Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman
Cbs-Viacom And The Effects Of Media Mergers: An Economic Perspective, David Waterman
Federal Communications Law Journal
No abstract provided.
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Limiting Tort Liability For Online Third-Party Content Under Section 230 Of The Communications Act, Jonathan A. Friedman, Francis M. Buono
Federal Communications Law Journal
Section 230 of the Communications Act provides online service providers (OSPs) with immunity from liability for harms arising from third-party content that is made available through an OSP's services. Some courts have recently held that section 230 immunity covers not only defamation but any tort claim that would make an OSP liable for information originating from the OSP's users or commercial partners. This Article argues that section 230 has been properly interpreted by the courts and that, contrary to the claims of critics, those decisions have not created a disincentive for OSPs aggressively to monitor their sites for defamatory or …
Application Of The Telephone Consumer Protection Act To Intrastate Telemarketing Calls And Faxes, Hilary B. Miller, Robert R. Biggerstaff
Application Of The Telephone Consumer Protection Act To Intrastate Telemarketing Calls And Faxes, Hilary B. Miller, Robert R. Biggerstaff
Federal Communications Law Journal
Miller and Biggerstaff address the Telephone Consumer Protection Act of 1991 (TCPA). Specifically, they point out that because the TCPA does not preempt state law and Congress expressly intended it to coexist with state laws regulating intrastate telemarketing and fax advertising, confusion has evolved regarding the application of the TCPA to intrastate telemarketing calls and fax advertisements. This Article breaks the analysis into two questions: (1) did Congress intend intrastate calls to be covered by the statute; and (2) if Congress intended the statute to cover intrastate calls, is it constitutionally permissible for Congress to regulate calls and faxes that …
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Viacom-Cbs Merger: Media Competition And Consolidation In The New Millennium, Andrew Jay Schwartzman
Federal Communications Law Journal
No abstract provided.
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.
Progress And Regress On Interlata Competition, David M. Mandy
Progress And Regress On Interlata Competition, David M. Mandy
Federal Communications Law Journal
At this writing, the FCC has denied Bell Operating Company applications for entry into in-region interLATA (long-distance) markets in Oklahoma, Michigan, South Carolina, Louisiana, and on a reapplication in Louisiana; approved one application for New York; and is currently considering an application for Texas. Thus, almost four years elapsed from the passage of the Telecommunications Act of 1996 until any Bell Company received relief from the line-of-business restriction, and even now relief has been received in only one state. This Article briefly reviews the economics of Bell Company entry into interLATA markets; summarizes the reasons given by the FCC for …
Strategies To Promote Advanced Telecommunications Capabilities, Bob Rowe
Strategies To Promote Advanced Telecommunications Capabilities, Bob Rowe
Federal Communications Law Journal
Section 706 instructs both the FCC and state public utility commissions to promote deployment of advanced telecommunications capabilities. Much policy discussion of broadband access to date has focused on rearguing preexisting telecommunications policy debates, and has not produced significant incremental deployment of ATCs. ATC issues are much more diverse and specific than is commonly assumed, potentially requiring a menu of strategies to resolve. The "cooperative federalist" structure of the Telecommunications Act provides important context and guidance for implementing section 706. A Federal-State Joint Conference or task force would be a cooperative federalist vehicle for identifying ATC issues, developing strategies to …
The Game Of Radiopoly: An Antitrust Perspective Of Consolidation In The Radio Industry, Sarah Elizabeth Leeper
The Game Of Radiopoly: An Antitrust Perspective Of Consolidation In The Radio Industry, Sarah Elizabeth Leeper
Federal Communications Law Journal
The Telecommunications Act of 1996 eliminated nationwide radio ownership restrictions and liberalized local ownership caps. As a result of this deregulation, the radio industry has experienced mass consolidation. Faced with an unprecedented number of proposed mergers, the federal antitrust enforcement agencies play an increasingly important role in the outcome of media mergers. The Horizontal Merger Guidelines, the primary vehicle of antitrust enforcement, address primarily economic factors to prevent anticompetitive mergers. Despite the healthy revenues generated through economies of scope and scale, it is questionable whether a sufficient regulatory mechanism exists to ensure diversity of voices. Although it is still too …
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Copyright And Antitrust: The Effects Of The Digital Performance Rights In Sound Recordings Act Of 1995 In Foreign Markets, Connie C. Davis
Federal Communications Law Journal
The licensing of copyrighted nondramatic works by performance rights societies has long been recognized as a potential source of antitrust violations. In 1995, the Congress passed the Digital Performance Rights in Sound Recordings Act in an effort to deal with the licensing problems associated with nondramatic musical works. The DPRSRA created a right in sound recordings to perform the copyrighted work publicly by means of a digital audio transmission as well as establishing compulsory licensing scheme. However, the DPRSRA failed to address the problem of licensing of nondramatic works in foreign markets. This Note identifies the anticompetitive licensing scheme practiced …
Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder
Online Auction Fraud: Are The Auction Houses Doing All They Should Or Could To Stop Online Fraud?, James M. Snyder
Federal Communications Law Journal
In April 1998, the FTC released a consumer alert pertaining to the increasing problem of online auction fraud. As the number of online auction participants increased, online auction fraud was becoming more prevalent. The FTC requested comments regarding methods that would be appropriate for curbing the increase in consumer deception. Many in the online auction industry proposed voluntary self-regulation. This Note exposes the inadequacy of industry self-regulation by analogizing online auction abuse with the misuse and near downfall of the 900-number industry. This Note proposes that only a regime of strict industry guidelines that the FTC initiates will halt online …
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
Articles
No abstract provided.