Communications Law Commons^™

Rebroadcast Rights: The Coming Battle In The War Between The Networks And The Affiliats, Harland R. Schreiber

Vanderbilt Journal of Entertainment & Technology Law

This Note will analyze the present rebroadcast dispute, examining the legal and practical issues that will arise and recommend how the parties should proceed in the controversy. The analysis will place this controversy within the larger context of how networks and affiliates are attempting to redefine their roles in the television industry.

The first section will address the history of networks and affiliates and how their relationships have changed as technology has advanced. The second section will then place the present controversy regarding cable rebroadcasts within the framework of the larger industry. It will also address how the present controversy …

United We Stand: The Anti-Competitive Implications Of Media Ownership Of Athletic Teams In Great Britain, Jonathan E. Bush

Vanderbilt Journal of Transnational Law

This Note analyzes the increasing integration of the sports and broadcasting industries and the British framework for evaluating the permissibility of transactions furthering such integration. In the context of the recent attempted takeover of British football club Manchester United by Rupert Murdoch's British Sky Broadcasting, the Note examines how the Monopolies and Mergers Commission (MMC) was uniquely poised to fully consider the ramifications of this developing nexus of sports and media and evaluates the significance of the MMC's decision on the future of both industries.

A diverse array of domestic, international, political, and economic issues and implications face any court …

"Chevron," Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

Vanderbilt Law Review

In this Article, Professor Weiser argues that the advent of cooperative federalism statutes, like the Telecommunications Act of 1996, calls for a new conception of federal court review of state agency decisions. In particular, Professor Weiser suggests that federal statutes that invite state agencies to interpret federal law subject only to federal court review should be interpreted as calling for a deferential standard of review. Such a standard, to be sure, would allow cooperative federalism statutes to mean different things in different states. But as Professor Weiser illustrates with reference to the Telecommunications Act, the very nature of cooperative federalism …

Malaysia's Censorship Regime Collides With The Economic Realities Of The Twenty-First Century, Aaron D. Davidson

Vanderbilt Journal of Transnational Law

Despite an extensive history of censorship and political speech suppression, Malaysia's Vision 2020 goal of becoming a fully developed nation requires the nation to facilitate an open exchange of ideas and information. The government seeks to create a center for broadcasting, filmmaking, and the development of multimedia products. While Malaysia has begun to abandon some of its censorship practices, the remaining restrictions on its citizens' speech and press freedoms threaten to hamstring the country's efforts to become a fully developed nation by 2020.

This Note discusses Malaysia's beginning as a British colony, identifying the religious, racial, and class distinctions now …

Foreign Ownership Of Broadcasting: The Telecommunications Act Of 1996 And Beyond, W. Scott Hastings

Vanderbilt Journal of Transnational Law

In an increasingly global market, severe restrictions upon foreign investment in broadcasting companies have enabled them to remain primarily domestic entities. This Note reviews these restrictions and advocates reforming the world-wlde system of broadcasting ownership regulation. This author discusses the major policies underlying the current regulations and demonstrates their implications by looking at several hypothetical regulatory schemes. The Note then focuses upon regulatory systems that are currently being used, as well as a hypothetical system based upon reciprocity. In the process, the author reviews the ownership restrictions of the United States, Canada, Australia, the European Community, and several lesser-developed markets. …

The Pursuit Of Television Broadcasting Activities In The European Community, Timothy M. Lupinacci

Vanderbilt Journal of Transnational Law

In October 1989, the foreign ministers of the European Community (EC or Community) approved a Directive governing the "pursuit" of trans-European television broadcasting beginning in 1992. Controversial article 4 of the Directive requires Member States to devote a majority of their television air time to European-produced programs. Although the Community Council maintains that the quota is merely "a political commitment" intended to preserve Europe's cultural heritage, the United States challenges the legality of the quota as economic protectionism under the General Agreement on Tariffs and Trade (GATT), and section 301 of the United States Trade Act, as amended by the …

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Russell L. Weaver, Geoffrey Bennett

Vanderbilt Journal of Transnational Law

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems and suggests …

International Propaganda And Developing Countries, Adeno Addis

Vanderbilt Journal of Transnational Law

This Article will use the term propaganda in its negative sense and explore its impact on developing nations' capacity for self-determination. Following a brief suggestion about a workable definition in Part II, Part III isolates the particular threat that propaganda poses for developing nations. Part IV then surveys the fractured history of international propaganda regulation. Part V examines the relationship between self-determination and propaganda, with specific reference to disinformation and what will be termed "structural propaganda." Individual state responses to propaganda are outlined in Part VI. Part VII explores the same issue on the international level and suggests the creation …

Customs Inspectors And International Mail: To Open Or Not To Open?, Andrew H. Meyer

Vanderbilt Journal of Transnational Law

This Note analyzes the United States statutes and regulations prescribing the standards for the search and seizure of international mail entering and leaving this country. It also examines cases construing these issues prior to the Supreme Court's decision in United States v. Ramsey. In addition, it discusses the Ramsey decision itself and cases decided subsequent to it. Finally, this Note comments on the confusion that has followed the Ramsey decision and sets forth possible solutions.

Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii

Vanderbilt Journal of Transnational Law

Japan is one country that appears to be following United States policies. On April 1, 1985, the Japanese Government converted Nippon Telegraph and Telephone Public Corporation (NTT) from a government-run, publicly-held corporation into a private entity. Japan adopted the Electric Telecommunication Business Act in December 1984 to create an environment in which private entities can compete. The full extent to which the Japanese Government intends to open its market to non-Japanese firms remains unclear. This Note will discuss the development of Japanese telecommunications policy and the current United States tele-communications policy with respect to market access. The Note then will …

Broadcasters' First Amendment Rights: A New Approach?, L. Allyn Dixon, Jr.

Vanderbilt Law Review

The passage of the Public Broadcasting Act of 1967 offered the blueprint for the modern system of public broadcasting and regulation and largely freed noncommercial broadcasting to become a viable alternative to the commercial broadcasting" offered by the three national networks. Since becoming intimately involved in noncommercial broadcasting by providing partial funding, the federal government has imposed regulations on noncommercial broadcasters far more rigid than the restrictions imposed on commercial broadcasters. Recently, however, in a decision that some might regard as heralding greater equality between the first amendment rights of commercial and noncommercial broadcasters and continuing the trend toward loosening …

Independent Political Action Groups: New Life For The Fairness Doctrine, Charles D. Ferris, L. Gregory Ballard

Vanderbilt Law Review

During the past decade, independent political action committees (PACs) have grown dramatically as an alternative source of funding for political candidates. Congress and many commentators have expressed fear over the potential political power of these independent expenditure groups, which are not accountable to political parties. In their Article Messrs. Ferris and Ballard argue that the political broadcasting laws, particularly the Fairness Doctrine, serve as essential barriers to PACs' attempts to dominate the political process through unrestricted spending on political advertising. Although some critics have denounced the Fairness Doctrine, which requires broadcasters to provide balanced coverage of controversial issues, as outdated …

Global Governance Of Global Networks: A Survey Of Transborder Data Flow In Transition, Anne W. Branscomb

Vanderbilt Law Review

This Article's examination of the development of the international system of information exchange limits its inquiry to transnational transport of computer generated and machine readable digital data via electronic transmission. This definition includes voice,image, characters, and other symbols transported by satellite, microwave, cable, or conventional radio in a converged digital bitstreams that does not discriminate between types of communications services. These delivery systems now are called integrated services digital networks (ISDNs) The last part of the Article examines the legal environment in which these networks currently are developing.

Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam

Vanderbilt Law Review

During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …

Cable Television's Emerging Two-Way Services: A Dilemma For Federal And State Regulators, Frank W. Lloyd

Vanderbilt Law Review

Cable television as an entertainment medium has been the subject of various federal, state, and local regulatory schemes since its inception in the 1950's. The introduction of nonvideo two-way cable services that provide a capacity for responsive data and voice transmission between users of the two-way system has renewed interest in the appropriate role of government in the regulation of two-way cable services. Telephone companies in particular have pressed state and federal regulators to identify cable two-way systems as common carriers and to impose on them two-way cable common carrier regulations. In this Article Mr. Frank Lloyd discusses actual and …

The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan

Vanderbilt Journal of Transnational Law

A television company broadcasts a program criticizing a nationalized corporation and disclosing documents passed to it secretly by one of the corporation's employees. The corporation asks the television company to reveal the identity of the employee. The television company refuses and eight of nine judges ultimately decide that the refusal is unjustified.

That, in essence, is the story of British Steel Corp. v. Granada Television, Ltd. If this situation had arisen in the United States, legal consequences probably would be unremarkable in view of the law's considerable experience with such matters. The novelty posed for English law, however, and the …

Antitrust Enforcement, Freedom Of The Press, And The "Open Market": The Supreme Court On The Structure And Conduct Of Mass Media, William E. Lee

Vanderbilt Law Review

This Article examines the Supreme Court's attempts to foster open markets by altering either the structure or the conduct of mass media enterprises." Structure and conduct are the two main determinants of market performance. Market structure "means those characteristics of the organization of a market that seem to exercise a strategic influence on the nature of competition and pricing within the market." Some characteristics of market structure include degree of buyer concentration, degree of seller concentration, degree of product differentiation, and entry conditions. Market conduct, on the other hand, comprises the practices, policies, and devices which firms employ in adjusting …

First Amendment Restrictions On The Ftc's, Robert D. Eckinger

Vanderbilt Law Review

The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to protect consumers …

The United States Record Communications Industry Dichotomy--Time For Change, Paul E. Tellier

Vanderbilt Journal of Transnational Law

This paper will explore the battle between Western Union and the international record carriers in the record communications field. It will trace the development of the United States record communications industry from the early history of electric telegraphy, through the enactment of the Communications Act of 1934 and the Western Union divestitute of 1943, the gateway and mailgram cases of the second half of the twentieth century. It will examine the diverse solutions proposed--ranging from free competition between Western Union and the international record carriers in both the domestic and international markets to the creation of a single monopolistic entity …

Egypt's Policy Towards Foreign Investment, Adly Abdel-Meguid

Vanderbilt Journal of Transnational Law

Long before President Nasser took over in 1952, Egypt was considered a very attractive location for foreign investment, particularly from Europe. A large number of Italian, French, and British firms established their own subsidiaries and joint ventures to produce a variety of consumer products to meet domestic demand. Banking, tourism, and petroleum exploration and production were also among the favored sectors. Under the rule of President Nasser, however, foreign investors grew skeptical about Egypt's official policy of welcome. Their doubts were partially confirmed in 1956 when Nasser nationalized the Suez Canal. Their apprehensions were fully realized in 1961, when all …

The New Catv Rules: Proceed On Delayed Yellow, Roscoe L. Barrow

Vanderbilt Law Review

Elites largely govern our nation's current decision-making process.The average citizen's failure to participate in that process perhaps derives largely from his inability to inform himself adequately on all the issues. However, the ability of cable television (CATV) to place each person in complete command of his informational and entertainment environment has thrust society upon the threshold of an electronic communications revolution. Indeed, if CATV is allowed to develop its full potential, the individual will not have to receive information and entertainment passively. Rather, CATV's virtue of two-way communication will permit him to transmit as well as receive information. His access …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Recent Cases --

Constitutional Law--Obscenity--Materials May Be Obscene for Minors without Being Obscene for Adults

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Constitutional Law--Standing-Federal Taxpayer Has Standing To Challenge Federal Expenditures Violating Specific Constitutional Prohibition

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Copyright--Telecommunication--CATY Carriage of Copyrighted Material Does not Constitute Infringement

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Criminal Law--Exclusion for Cause of Prospective Jurors With Scruples Against Death Penalty Violates Due Process

Communications Satellites--Progress And The Road Ahead, Bernard G. Segal

Vanderbilt Law Review

The declared policy of the United States is the establishment of a global system of communications satellites which will serve our needs and those of other countries, which will permit the participation of all nations, and which will contribute to world peace and understanding." Such a system, President Kennedy stated, is a vital element in the march of civilization. For lawyers to have a meaningful understanding of the developments in this new and important endeavor requires some understanding of the basic technology of communications satellites, of applicable legislation, and of the international problems involved. This article will attempt to present …

Corporate Law Department Communications--Privilege And Discovery, Thomas R. Hunt

Vanderbilt Law Review

With the growth in number and size of corporate law departments, there is increased interest in determining the conditions and areas in which their communications' may be called for, and used, in litigation. As business becomes more complex, requiring adherence to legislation and regulation which allows small tolerance between the licit and illicit, or demanding close attention to administrative detail, the role of the lawyer is amplified. Concurrently, corporate counsel is engaged in areas where the distinction between business and legal considerations becomes decreasingly apparent.

Privileged Communications--Some Recent Developments, Lloyd S. Adams Jr., Mary E. Polk

Vanderbilt Law Review

It is the purpose of this Note to collect and discuss some of the newer decisions construing and applying the rules of evidence as to certain privileged communications, with a view toward indicating possible trends and developments or limitations, if any, in this field of the law of evidence. It is limited primarily to communications between husband and wife, attorney and client, physician and patient, and priest and penitent, with a short discussion of the so-called "novel privileges." The assumption is made that the reader is familiar with generally accepted definitions of the various privileges, as well as traditional limitations.' …

Protection Of The Content Of Radio And Television Programs By Common Law Copyright, Harry P. Warner

Vanderbilt Law Review

Common law copyright has reference to an individual's "right in his original, unpublished, intellectual productions," which are protected via the common law. Common law copyright antedates the copyright statutes and can furnish the creative artist adequate and complete protection within limits. The common law rights are protected independently of the statute until the creative artist has permitted the contents of his work to be communicated generally to the public. As a matter of fact, section 2 of the Copyright Code expressly provides that statutory copyright will not annul or limit the enforcement of common law rights at law or in …