Communications Law Commons^™

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 …

Smut On The Small Screen: The Future Of Cable-Based Adult Entertainment Following United States V. Playboy Entertainment Group, Bradley A. Skafish

Federal Communications Law Journal

This Note argues that the most important aspect of Playboy is the Court's determination that cable television is not analogous to broadcast media. Provided it withstands the test of time, this distinction allows the cable industry to avoid the more stringent regime placed upon broadcast media. The Playboy decision also shows the Court's willingness to invalidate laws even when they serve a compelling interest and impose less restrictions than a complete ban. Members of the Court differed on whether "signal bleed" actually constituted an influence harmful to children. This discrepancy evinces a significant disagreement on where lines should be drawn …

The Defamation Of Choice-Of-Law In Cyberspace: Countering The View That The Restatement (Second) Of Conflict Of Laws Is Inadequate To Navigate The Borderless Reaches Of The Intangible Frontier, Philip Adam Davis

Federal Communications Law Journal

This Note examines the adequacy of the traditional choice-of-law rules, including the Restatement (Second), in interstate cyber-defamation disputes, and argues that there is nothing different or unique about cyberspace which warrants the modification or abandonment of traditional choice-of-law regimes for cyber-defamation disputes.

Working The System, Christopher H. Sterling

Federal Communications Law Journal

Book Review: FCC Lobbying: A Handbook of Insider Tips and Practical Advice, Erwin G. Krasnow, David R. Siddall, and Michael D. Berg, Washington: Telecommunications Reports International, 2001, 225 pages.

Masthead Vol.54 No.2 (2002)

Federal Communications Law Journal

No abstract provided.

Editor's Note, Tom W. Brummett

Federal Communications Law Journal

No abstract provided.

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 …

Does Internet Gambling Strengthen The U.S. Economy? Don't Bet On It, Ryan D. Hammer

Federal Communications Law Journal

Commercial gambling in the United States is a mammoth industry. In the past few decades, the United States developed from a country with few gambling options to one permitting some form of legalized gambling in almost every state. Presently, a new wave of technology affects this industry. Legislators and regulators must deal with the phenomenon of Internet gambling. This Note asserts that Internet gambling must be curbed to lessen its negative impact on the American economy. Many state and local governments are dependent on tax revenues associated with traditional forms of gambling. Internet gambling not only deprives the economy of …

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 Lexus And Olive Tree Of Global Communications, Donna Gregg

Federal Communications Law Journal

Book Review: International Communications: Continuity and Change, Daya Kishan Thussu, Oxford University Press, Inc., 2000, 342 pages.

Daya Kishan Thussu's International Communication: Continuity and Change, presents a comprehensive and thoroughly readable overview of the significant global impact of communication from ancient times to the Internet era. The book describes major technological, political, cultural, and commercial breakthroughs and trends, and explains how each has helped to make the world a smaller place. While acknowledging the demonstrated potential of modern communication technology to effect revolutionary change in all corners of the globe, the book also recognizes certain enduring cultural and economic forces …

Masthead Vol.54 No.1 (2001)

Federal Communications Law Journal

No abstract provided.

An Uphill Battle: The Difficulty Of Deterring And Detecting Perpetrators Of Internet Stock Fraud, Byron D. Hittle

Federal Communications Law Journal

This Note argues that because of the limited resources of the SEC, the demanding requirements to prove misrepresentation, the current lack of cooperation between federal and state securities regulators, and a perverse admiration for fraud masterminds, illegal stock price manipulators will continue to profit from unsuspecting investors. Various measures to curb Internet fraud, however, are currently being pondered by industry experts. Among the most effective and realistic are, in order: increasing investor education and awareness, increasing the SEC's "firepower," increasing penalties and jail time for offenders, furthering coordination of federal and state efforts, and creating a "seal of approval" for …

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 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 Private Workplace And The Proposed “Notice Of Electronic Monitoring Act”: Is “Notice” Enough?, Nathan Watson

Federal Communications Law Journal

On July 20, 2000, an interesting mix of federal legislators proposed legislation that would affect monitoring of employee communications and computer usage in the workplace. Had it passed, NEMA would have required employers to notify their employees if they wished to conduct surveillance of their employees' electronic mail ("e-mail") or other electronic communications. Employer groups succeeded in convincing the Judiciary Committee to pull the bill from further consideration, citing a potential increase in litigation and more work for human resources professionals. This Note argues that NEMA should be adopted, since it would improve the current state of affairs relating to …

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 …

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.

Use Of Public Record Databases In Newspaper And Television Newsrooms, Brooke Barnett

Federal Communications Law Journal

After almost fifty years of unprecedented freedom, access to public records is under threat today at the state and federal level. Survey research and in-depth interviews of newspaper and television journalists show that public records are being obtained through several mechanisms, including databases. This Comment, together with its underlying study, illustrates that these databases are essential to developing certain stories, including some covering the most critical subjects: investigative reports, crime, and political stories. Therefore, this Comment argues, restricting access to public records has the potential to halt or substantially hinder the media’s ability to serve as a check on business …

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 …

The Best Laid Plans: How Unrestrained Arbitration Decisions Have Corrupted The Uniform Domain Name Dispute Resolution Policy, Ian L. Stewart

Federal Communications Law Journal

In the rapidly changing Internet age, a sound dispute resolution policy is needed to address conflict where traditional rights intersect emerging technologies. This Note examines how unfettered arbitration decisions, even those made with the best of intentions, can corrupt a good dispute resolution policy, as is the case with the Uniform Domain Name Dispute Resolution Policy. The Note provides background information on ICANN, domain disputes regarding cybersquatting and reverse domain hijacking, and the Policy. It then explains how ICANN’s dispute resolution providers’ expansive decisions have weakened the Policy by removing the internal limitations that made it strong and effective. Finally, …

Masthead Vol.53 No.3 (2001)

Federal Communications Law Journal

No abstract provided.

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 …

Editor's Note, Robyn M. Holtzman

Federal Communications Law Journal

No abstract provided.

Taking Account Of The World As It Will Be: The Shifting Course Of U.S. Encryption Policy, Tricia E. Black

Federal Communications Law Journal

Encryption, understood on a basic level as the process of scrambling information to disguise its content, has been a topic of intense debate over the past decade because of Internet growth and well-founded concerns about online security. The encryption debate centers on striking an appropriate balance between national security concerns and the potential prosperity of the high-tech industry. The Clinton Administration played an important role in relaxing U.S. encryption policy. This Note argues that the dramatic shift in encryption policy resulted from a recognition of how the world will be in the digital age, and that strong, unregulated encryption technology …

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 …

Filth, Filtering, And The First Amendment: Ruminations On Public Libraries’ Use Of Internet Filtering Software, Bernard W. Bell

Federal Communications Law Journal

Traditionally, whenever the government has sought to regulate speech, analysis of its action focused on conventional issues, such as the type of forum involved, whether the government acted in a regulatory or a proprietary role, and whether the regulation could be defined as a prior restraint. With the advent of the Internet and the opportunity for the widespread dissemination of viewpoints, however, new issues have arisen. This Article focuses on the complex questions public libraries face when filtering material, usually of a sexually explicit nature, from the public using filtering software. This Article contends that public libraries require a unique …

In Search Of Congressional Intent, William Malone

Federal Communications Law Journal

Book Review: The Communications Act: A Legislative History of the Major Amendments, 1934-1996, Max D. Paglin ed., Pike & Fischer, Inc., 1999, 438 pages.

The Communications Act: A Legislative History of the Major Amendments 1934-1996, a second volume of the important literary legacy of the Golden Jubilee Commission on Telecommunications, has recently appeared beside the well-thumbed copy of its sister volume, A Legislative History of the Communications Act of 1934, in the library of every diligent communications lawyer. In this Review, William Malone discusses both the content and the format of this legislative history, as well as the continuing relevance …

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 …

Masthead Vol.53 No.2 (2001)

Federal Communications Law Journal

No abstract provided.

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.