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Articles 511 - 540 of 563
Full-Text Articles in Communications Law
Steps Toward A Global Information Infrastructure, Larry Irving, Janet Hernandez, Wendy C. Chow
Steps Toward A Global Information Infrastructure, Larry Irving, Janet Hernandez, Wendy C. Chow
Federal Communications Law Journal
No abstract provided.
Intelsat: Transforming A Market Leader To Meet Changing Global Telecommunications, Irving Goldstein
Intelsat: Transforming A Market Leader To Meet Changing Global Telecommunications, Irving Goldstein
Federal Communications Law Journal
No abstract provided.
Drive Smoothly To Get On The Information Superhighway, Albert H. Halprin
Drive Smoothly To Get On The Information Superhighway, Albert H. Halprin
Federal Communications Law Journal
No abstract provided.
Toward Regulation That Fosters Competition, Reed Hundt
Toward Regulation That Fosters Competition, Reed Hundt
Federal Communications Law Journal
No abstract provided.
Second Chance, Newton N. Minow
Second Chance, Newton N. Minow
Federal Communications Law Journal
No abstract provided.
Q'S World: The Future Of Broadcast Regulation, James H. Quello
Q'S World: The Future Of Broadcast Regulation, James H. Quello
Federal Communications Law Journal
No abstract provided.
The Unfinished Task Of Spectrum Policy Reform, Janice Obuchowski
The Unfinished Task Of Spectrum Policy Reform, Janice Obuchowski
Federal Communications Law Journal
No abstract provided.
Telecommunications And The Competitive Advantage Of Massachusetts, William F. Weld
Telecommunications And The Competitive Advantage Of Massachusetts, William F. Weld
Federal Communications Law Journal
No abstract provided.
Fcc Plus Sixty, Larry King
On The Sixtieth Anniversary Of The Communications Act Of 1934, Joel Rosenbloom
On The Sixtieth Anniversary Of The Communications Act Of 1934, Joel Rosenbloom
Federal Communications Law Journal
No abstract provided.
Missed Connections: One Failed Attempt To Ease Restrictions On Bell Operating Companies, Jeffrey Walker
Missed Connections: One Failed Attempt To Ease Restrictions On Bell Operating Companies, Jeffrey Walker
Federal Communications Law Journal
The divestiture of AT&T in 1983 began a revolution in telephone service, ending the communications giant's monopoly and sparking industry competition and lower telephone rates for consumers. However, the Modified Final Judgment, the court decision governing the Bell Operating Companies created in the wake of the divestiture, severely limits phone companies' ability to offer diverse communications products and to pursue customers outside their immediate geographic area. More than a decade after the landmark decision to limit AT&T's monopoly, the District Court for the District of Columbia remains the sole regulator of this segment of the communications industry. This Note argues …
Microsoft: A Case Study In International Competitiveness, High Technology, And The Future Of Antitrust Law, Amy C. Page
Microsoft: A Case Study In International Competitiveness, High Technology, And The Future Of Antitrust Law, Amy C. Page
Federal Communications Law Journal
By traditional business standards, Microsoft looked like an ideal target for investigation by the Department of Justice's Antitrust Division: As competitors lined up to allege unfair business practices against Microsoft, about 80 percent of the personal computers in the world used the company's operating system. The Justice Department and Microsoft settled during the summer of 1994, before the case went to trial. This Note argues that by settling, the government acknowledges that traditional antitrust definitions may be counterproductive against companies that are playing the key roles in building the information superhighway. In the high technology industries, where small, innovative companies …
Public Access: Fortifying The Electronic Soapbox, Jason Roberts
Public Access: Fortifying The Electronic Soapbox, Jason Roberts
Federal Communications Law Journal
Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …
Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno
Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno
Federal Communications Law Journal
The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning …
The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes
The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes
Federal Communications Law Journal
The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …
Analysis Of The Technical And Economic Issues Raised In The Consideration Of International Telecommunications Satellite Systems Separate From Intelsat, Chris Rourk
Federal Communications Law Journal
INTELSAT has provided the space segment for a global satellite telecommunications network since its inception in 1962. In part due to its economic success, several companies applied to the FCC for licenses to operate international telecommunications satellites separate from INTELSAT. This Comment asserts that INTELSAT did not suffer economic harm from the separate systems because no technological cause or economic reason exits for INTELSAT's high volume routes to subsidize its low volume routes. INTELSAT's pricing structure, its flexibility, and the increasing market for international satellite telecommunications have ensured INTELSAT's continued economic viability in the face of competitors.
Fostering Development Of Advanced Telecommunications Technologies: The F.C.C., The Pioneer's Preference & Personal Communications Services, John Friedman
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett
Federal Communications Law Journal
The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey
Federal Communications Law Journal
No abstract provided.
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
The Cable-Telco Cross-Ownership Prohibition: First Amendment Infringement Through Obsolescence, Michael G. Oxley
Federal Communications Law Journal
Since 1970, the FCC has prohibited all telephone companies from providing video programming in their local service areas. The primary rationale behind this prohibition was to promote the cable industry. Since 1984, however, the cable industry has seen tremendous growth with very little competition. New technology and market demands have now necessitated a reevaluation of the ban on cable-telco cross-ownership. The Author argues that with the changes that have occurred in the marketplace, the ban is now both an invalid prior restraint and an infringement on commercial expression and thus a violation of the First Amendment rights of telephone companies. …
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
The Cable Act And Municipal Ownership: A Growing First Amendment Confrontation, Carl R. Ramey
Federal Communications Law Journal
In many communities across the nation cable subscribers depend on government-owned cable television systems for their communication services. This phenomenon may have started out to be fairly insignificant, but as a result of the cable explosion, government ownership of cable systems presents a threat to free expression. Governmental overbuilding and direct competition with private cable service providers have been the subject of unsuccessful First Amendment challenges. The threat of government control of cable systems, though, is potentially dramatic and poses serious First Amendment questions. The Author concludes that private ownership should be encouraged, and public ownership should only be allowed …
Reinventing Rate Regulation, Nicholas W. Allard
Reinventing Rate Regulation, Nicholas W. Allard
Federal Communications Law Journal
One of the fundamental purposes of the 1992 Cable Act was to bring about a reduction in consumer cable prices by eliminating the ability of cable companies to charge monopoly rates. While the goal may have been to decrease rates, complaints have poured into Congress claiming that since the passage of the Act, rates have actually increased. The Author explores the Act's goal of reintroducing effective competition while reregulating cable rates in the interim. He examines the details of the regulation and concludes by discussing the options that should be considered by Congress and the FCC when reevaluating the 1992 …
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
The Television Violence Act Of 1990: A New Program For Government Censorship?, Julia W. Schlegel
Federal Communications Law Journal
The Television Violence Act of 1990 is designed to encourage the networks, the cable industry, and independent stations to reduce the amount of violence currently shown on television. To accomplish this goal, the Act grants a three-year antitrust exemption to the television industry so that it may meet and develop joint standards aimed at reducing the amount of violence currently shown on television. The Act's sponsor, Senator Paul Simon, emphasized that the Act simply encouraged the broadcast industry to set standards; it did not require them to do so. However, in December 1992, when the television industry had still not …
Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump
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 …
Your Image Is My Image: When Advertising Dedicates Trademarks To The Public Domain - With An Example From The Trademark Counterfeiting Act Of 1984, Malla Pollack
Cardozo Law Review
No abstract provided.
Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer
Reading Between The Lines: High Definition Television, Antitrust Reform And America's Chance To Get Back Into The Television Business, David L. Glotzer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Telephone Companies Have First Amendment Rights Too: The Constitutional Case For Entry Into Cable, Laurence H. Winer
Telephone Companies Have First Amendment Rights Too: The Constitutional Case For Entry Into Cable, Laurence H. Winer
Cardozo Arts & Entertainment Law Journal
No abstract provided.
An Antitrust Paradox For The 1990s: Revisiting The Role Of The First Amendment In Cable Television, Glenn B. Manishin
An Antitrust Paradox For The 1990s: Revisiting The Role Of The First Amendment In Cable Television, Glenn B. Manishin
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Current Issues In Cable Television: A Re-Balancing To Protect The Consumer, Norman M. Sinel, Patrick J. Grant, Caroline H. Little, William E. Cook
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen
LLM Theses and Essays
Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …