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Articles 301 - 330 of 362
Full-Text Articles in Communications Law
A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell
A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell
Federal Communications Law Journal
No abstract provided.
The Law Of Unintended Consequences, Susan Ness
The Law Of Unintended Consequences, Susan Ness
Federal Communications Law Journal
No abstract provided.
Private Eyes Are Watching You: With The Implementation Of The E-911 Mandate, Who Will Watch Every Move You Make?, Geoffrey D. Smith
Private Eyes Are Watching You: With The Implementation Of The E-911 Mandate, Who Will Watch Every Move You Make?, Geoffrey D. Smith
Federal Communications Law Journal
The FCC's E-911 mandate, which will ensure that emergency operators automatically receive a caller's location information, should help save lives. However, privacy advocates have expressed concern over the potential for wireless carriers, the government, and third parties to collect and store personal information. Congress has addressed these concerns with legislation, but privacy advocates still worry that consumers are not adequately protected. This Note addresses this concern and argues that in order to ensure consumer protection, additions are needed to section 222 of the Telecommunications Act of 1996. The Note discusses the importance of individual privacy and balances it against the …
An Economic Approach To The Regulation Of Direct Marketing, Daniel R. Shiman
An Economic Approach To The Regulation Of Direct Marketing, Daniel R. Shiman
Federal Communications Law Journal
The growing ubiquity of electronic media and the almost total absence of cost in mass distributions of direct marketing have exacerbated the problem of the increasing intrusion of direct marketing into the privacy of citizens. The Author proposes utilization of a microeconomic social welfare analysis to guide policymakers in determining what forms of direct media should be regulated and what the most effective forms of regulation are likely to be. Sending and receiving costs provide the key factors in determining the extent of the "welfare-reducing marketing" and "marketing aversions," but the Author points to a number of other factors as …
Costs And Consequences Of Federal Telecommunications Regulations, Jerry Ellig
Costs And Consequences Of Federal Telecommunications Regulations, Jerry Ellig
Federal Communications Law Journal
Federal regulation of telecommunication profoundly affects United States consumers, determining what services are priced above and below cost, what kinds of technologies and services are offered and when, and what firms are allowed to compete. In this Article, the Author surveys the voluminous literature on the economic costs and outcomes of these regulations, focusing predominantly on the effects of regulation on prices, quantity, quality of service, and overall consumer and social welfare. The Author estimates costs and assesses outcomes for ten types of federal telecommunications regulated activity: telecommunications regulatory spending, long-distance access charges, universal service funding, local number portability, enhanced …
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
A Digital Age Communications Act Paradigm For Federal-State Relations, Kyle D. Dixon, Philip J. Weiser
Publications
This article captures the effort of the Digital Age Communications Act (DACA) to craft a new framework for the federal-state relationship in implementing a next generation telecommunications regulatory regime. In particular, it sets forth a DACA model that would implement a "rule of law" regulatory paradigm for an era of technological dynamism. This era requires, as the article explains, a coherent federal framework that circumscribes the role of state and local authorities so as to advance sound competition policy goals. The sole exception to this policy is the recognition that a basic local service rate retains both political and practical …
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker
A Model For Emergency Service Of Voip Through Certification And Labeling, Patrick S. Ryan, Tom Lookabaugh, Douglas Sicker
ExpressO
Voice over Internet Protocol (VoIP) will transform many aspects of traditional telephony service, including the technology, the business models, and the regulatory constructs that govern such service. Perhaps not unexpectedly, this transformation is generating a host of technical, business, social, and policy problems. In attempting to respond to these problems, the Federal Communications Commission (FCC) could mandate obligations or specific solutions to VoIP policy issues; however, it is instead looking first to industry initiatives focused on the key functionality that users have come to expect of telecommunications services. High among this list of desired functionality is user access to emergency …
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Virginia Cellular And Highland Cellular: The Fcc Establishes A Framework For Eligible Telecommunications Carrier Designation In Rural Study Areas, Mark C. Bannister
Federal Communications Law Journal
In 1996, Congress passed the first substantial rework of the Communications Act of 1934. This Act was intended to benefit consumers by encouraging competition and establishing a series of explicit mechanisms for assuring universal service. One of the outcomes is the creation of significant controversy over the federal, and in some cases, state universal service subsidy for the class of telecommunications providers typically known as wireless or cellular and defined by federal statute as "commercial mobile radio service" ("CMRS"). Incumbent local exchange carriers ("ILECs") characterize these subsidies as a windfall and as unnecessary to provide wireless phone service. They argue …
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Navigating Communications Regulation In The Wake Of 9/11, Jamie S. Gorelick, John H. Harwood Ii, Heather Zachary
Federal Communications Law Journal
In no industry has the impact of the events of September 11, 2001 ("9/11") been felt more strongly than in the communications industry. After 9/11, as the American people demanded a greater sense of security, Congress and the executive branch agencies reacted with new laws, new regulations, and new practices designed to protect our nation's critical communications infrastructure and enhance the ability of law enforcement and intelligence agencies to investigate those who would do us harm. The U.S. communications providers could do so consistent with their responsibilities to customers and to shareholders. That partnership, based upon rules developed over decades, …
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Homeland Security And Wireless Telecommunications: The Continuing Evolution Of Regulation, Christopher Guttman-Mccabe, Amy Mushahwar, Patrick Murck
Federal Communications Law Journal
Since the grant of the first Commercial Mobile Radio Service ("CMRS") license over twenty years ago, the wireless industry has grown from a service of convenience to one that is indispensable. What once was a device used for sporadic phone calls now is viewed by many Americans as a source of invaluable communication and security. As the wireless industry matured, government officials turned to the mobile phone as a way to make the United States safer. E-9 11, the Communications Assistance for Law Enforcement Act ("CALEA"), Wireless Priority Service ("WPS"), and Outage Reporting all were initiated on the wireless platform …
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Universal Service: Problems, Solutions, And Responsive Policies, Allen S. Hammond Iv
Federal Communications Law Journal
No abstract provided.
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Federal Communications Law Journal
In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
Essay, Digital Bowdlerizing: Removing The Naughty Bytes, Llewellyn Joseph Gibbons
ExpressO
Unlike Dr. Bowdler, who republished the works of Shakespeare with the naughty bits removed, the modern digital Bowdlerizer deletes offensive content from digital works in a variety of ways. This Essay will analyze the technologies used by the modern Bowdlerizer to determine when, if, and which technologies make copies in violation of the copyright owner’s § 106(1) right to control reproduction or make derivative copies of a preexisting work that may infringe the copyright owner’s 17 U.S.C. § 106(2) right to authorize the creation of derivative works. These technologies not only support militant prudery, but they also may add new …
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Wandering Along The Road To Competition And Convergence- The Changing Cmrs Roadmap, Leonard J. Kennedy, Heather A. Purcell
Federal Communications Law Journal
In this timely follow-up piece to a 1998 piece entitled A Federal Regulatory Framework that is "Hog Tight, Horse High, and Bull Strong, " the Authors of this Article revisit the progress of American commercial mobile radio services ("CMRS") proliferation and regulation. The piece expresses the concern that balkanization has continued to plague wireless regulation in the United States, as misguided legal analyses and state regulation further hinder wireless development across the nation. While the European Union has witnessed unprecedented growth in this sector, conflicting court and FCC decisions and continued federal, state, and local burdens on CMRS have placed …
Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker
Introduction To Symposium On Integrating New Economic Learning With Antitrust Doctrine, Jonathan Baker
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate
Federal Communications Law Journal
No abstract provided.
Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina
Let The Market Do Its Job: Advocating An Integrated Laissez-Faire Approach To Online Profiling Regulation, Svetlana Milina
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Detariffing And The Death Of The Filed Tariff Doctrine: Deregulating In The “Self” Interest, Charles H. Helein, Jonathan S. Marashlian, Loubna W. Haddad
Detariffing And The Death Of The Filed Tariff Doctrine: Deregulating In The “Self” Interest, Charles H. Helein, Jonathan S. Marashlian, Loubna W. Haddad
Federal Communications Law Journal
This Article reviews the history of the FCC's detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC's view of detariffing orders impact on the Filed Tariff Doctrine. Notwithstanding the existence of the Doctrine for nearly a century, the FCC, through detariffing, has declared the Doctrine dead. This Article formally opposes the FCC's declaration and suggests that the FCC's motivations behind detariffing have failed to consider, much less attempted to properly balance, the conflicting public interests involved. Comparing and contrasting the legal rights enjoyed by long-distance carriers under the Filed Tariff Doctrine to …
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 …
Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck
Dial 911 And Report A Congressional Empty Promise: The Wireless Communications And Public Safety Act Of 1999, Peter P. Ten Eyck
Federal Communications Law Journal
Designed to promote the prompt deployment of a seamless emergency services infrastructure to meet the nation's safety needs, the 911 Act not only instructs the FCC to assign the abbreviated dialing code 911 for use as the universal emergency telephone number, but also directs the Commission to establish appropriate transition periods for compliance in areas without 911 service. Furthermore, the 911 Act supports individual states' efforts to develop comprehensive emergency communications. Although improving the 911 system and saving lives by developing an end-to-end emergency communications network are commendable goals, this Note argues that the anemic 911 Act is an important …
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 …
Trusting And Non-Trusting On The Internet, Tamar Frankel
Trusting And Non-Trusting On The Internet, Tamar Frankel
Faculty Scholarship
The Puzzle: The Internet is a wonderful innovation, allowing people around the world to communicate, trade, and obtain services. Convenient and rich in choices and opportunities, the Internet is tremendously attractive to buyers. Naturally, businesses are flocking to the Internet. The warning has been sounded that those who do not stake a claim in this incredible new communication medium will be left behind to perish. Yet, with all the enthusiasm, many buyers hesitate to take a serious plunge. Businesses are told repeatedly that they must obtain their customers' trust, yet find it more difficult to gain this trust in cyberspace …
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 …
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.
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 …
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 …
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 …
Equity Pooling And Media Ownership, Peter Chinloy
Equity Pooling And Media Ownership, Peter Chinloy
Federal Communications Law Journal
This Article outlines a method of pooling equity for acquiring a portfolio of media properties. Each participant receives a security containing an investment return and a management right. The management right goes only to one successful bidder, offering a cash payment to other investors as an access price. By offering repeat bidding on several properties, different members of a pool achieve ownership while diversifying their risk. Alternatively, an investor not wishing management receives a higher compensating return. The procedure is particularly suited to media properties dependent on local advertising such as radio, "free" community newspapers, and television outlets. These properties …
Whither To Regulate?, Patrick A. Miles Jr.
Whither To Regulate?, Patrick A. Miles Jr.
Federal Communications Law Journal
Book Review: Public Policy Toward Cable Television: The Economics of Rate Controls, by Thomas W. Hazlett and Matthew L. Spitzer, The MIT Press and The AEI Press, 1997, 253 pages.