Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Legislation (274)
- Antitrust and Trade Regulation (245)
- Administrative Law (242)
- Internet Law (111)
- First Amendment (89)
-
- Consumer Protection Law (67)
- Constitutional Law (65)
- Litigation (35)
- Intellectual Property Law (26)
- Comparative and Foreign Law (14)
- Entertainment, Arts, and Sports Law (14)
- Jurisdiction (14)
- Civil Rights and Discrimination (11)
- Juvenile Law (10)
- Fourth Amendment (8)
- International Law (8)
- National Security Law (8)
- Computer Law (7)
- International Trade Law (7)
- Law and Economics (7)
- Agency (6)
- Commercial Law (6)
- European Law (6)
- Labor and Employment Law (6)
- Marketing Law (6)
- Computer Engineering (5)
- Computer and Systems Architecture (5)
- Engineering (5)
- Keyword
-
- Federal Communications Commission (148)
- FCC (147)
- Regulation (64)
- Masthead (55)
- Federal Communications Law Journal (53)
-
- Telecommunications Act of 1996 (51)
- Editor's Note (49)
- Internet (47)
- Competition (45)
- First Amendment (44)
- Indiana University School of Law (40)
- Book Review (32)
- Communications Act of 1934 (30)
- Vast Wasteland (25)
- Newton N. Minow (22)
- 1996 Act (21)
- Technology (20)
- Deregulation (19)
- Universal Service (18)
- Jurisdiction (16)
- Public Interest (16)
- United States (15)
- Television (14)
- Communications Policy (11)
- Telecommunications Policy (11)
- Telecommunications Regulation (11)
- AT&T (10)
- Indiana University Mauer School of Law (10)
- Merger (10)
- Copyright Law (9)
Articles 451 - 480 of 625
Full-Text Articles in Communications Law
The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman
The "Public Interest" Standard: The Search For The Holy Grail, Erwin G. Krasnow, Jack N. Goodman
Federal Communications Law Journal
During the last eighty years, there is likely no single area of communications policy that has generated as much scholarly discourse, judicial analysis, and political debate as has the simple directive to regulate in the "public interest." While remaining at the heart of current communications regulatory policy debate, the public interest standard has been subject to evolving, and often elusive definitions that reflect the change in American culture from generation to generation. As broadcasters begin the transition to a more flexible digital technology, there have been calls for a reexamination of the public interest standard. But the genius of the …
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
A Modest Proposal For Restructuring The Federal Communications Commission, Harry M. Shooshan Iii
Federal Communications Law Journal
At a time when the FCC is in the process of implementing the massive 1996 Telecommunications Act, a number of commentators have been calling for drastic change in the agency's structure. There most certainly are legitimate questions about how the modern FCC should be organized. A single-administrator model, which has been successful in the United Kingdom, could provide a more stable and predictable regulatory environment than currently exists. The advantages of a single administrator over a multimember commission are substantial and provide a conservative alternative to calls for the elimination of the agency. Such change would enable the FCC to …
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Electronic Communications And The Law: Help Or Hindrance To Telecommuting?, Jennifer C. Dombrow
Federal Communications Law Journal
During 1997, an estimated 11.1 million workers preformed some portion of their work by telecommuting. This number is expected to grow as employers continue to discover the benefits that can result from instituting a telecommuting policy. This growth may be hindered, however, by controversy concerning employee privacy rights. Although the use of electronic communications in the workplace is common, the laws addressing employee privacy rights and employer monitoring rights concerning these communications are ambiguous. New legislation is necessary to specifically define the respective rights of employers and employees. Without this new legislation, the benefits of electronic communications in the workplace, …
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Allowing Fda Regulation Of Communications Software Used In Telemedicine: A Potentially Fatal Misdiagnosis?, Ann K. Schooley
Federal Communications Law Journal
Communications technology is changing and improving the way that health care services are delivered to patients. Telemedicine, or the use of communications technology to provide medical care, allows doctors to treat patients in rural areas who otherwise would not have access to medical services. With the development and use of telemedicine, however, comes the burden of government regulation. The Food and Drug Administration (FDA) is just beginning to assert its jurisdiction over telemedicine, seeking to regulate telemedicine systems as medical devices under 21 U.S.C. § 321(h). Should the FDA strongly assert its jurisdiction, it has the ability to regulate entire …
Editor's Note, Michael M. Pratt
Editor's Note, Michael M. Pratt
Federal Communications Law Journal
No abstract provided.
The Federal Communications Law Journal At Sixty, Adrian Cronauer
The Federal Communications Law Journal At Sixty, Adrian Cronauer
Federal Communications Law Journal
No abstract provided.
Section 332 Of The Communications Act Of 1934: A Federal Regulatory Framework That Is "Hog Tight, Horse High, And Bull Strong", Leonard J. Kennedy, Heather A. Purcell
Section 332 Of The Communications Act Of 1934: A Federal Regulatory Framework That Is "Hog Tight, Horse High, And Bull Strong", Leonard J. Kennedy, Heather A. Purcell
Federal Communications Law Journal
In 1993, recognizing that state and local regulatory practices were harmful to the development of widespread low-cost commercial and personal mobile radio services, the U.S. Congress passed, and President Clinton signed, legislation that freed wireless carriers from a dual federal-state regulatory structure. As a result, sections 332 and 2(b) of the Communications Act were revised to endow the FCC with exclusive jurisdiction over wireless regulation. Unfortunately, some courts and regulators have concluded that Congress did not intend to grant the FCC exclusive authority over wireless communications. Such rulings could be attributed to a misguided focus on traditional preemption analysis rather …
The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton
The Fcc And Aids Education: Helping Broadcasters Serve The Public Interest, Jason B. Acton
Federal Communications Law Journal
Despite recent advances in medical technology, AIDS remains a very serious international health threat. Even with the presence of new drug therapies that have helped to prolong the lives of those who suffer from the disease, scientists have been unable to develop a cure. Consequently education remains the primary weapon available in the war against AIDS. Unfortunately, AIDS education initiatives have found little support in the broadcast community. To renew their licenses, broadcasters are required to act in the public interest— requirement that has traditionally required very little. However, given the threat AIDS presents to society, the FCC should require …
Dogma In Cyberspace, Phillip V. Permut
Dogma In Cyberspace, Phillip V. Permut
Federal Communications Law Journal
Book Review: Law and Disorder in Cyberspace: Abolish the FCC and Let Common Law Rule the Telecosm, by Peter Huber, Oxford University Press, 1997, 265 pages.
Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds
Moving Toward Neutrality: The National Telecommunications And Information Administration's New Stance On Sectarian Programming, Nancy L. Reynolds
Federal Communications Law Journal
The National Telecommunications and Information Administration (NTIA) has recently reinterpreted its funding policy regarding religious programming to create a policy more consistent with the religion clauses of the First Amendment and more responsive to the goal of government neutrality toward religion. Until 1996, the NTIA categorically denied all funding to government programming that provided any incidental or attenuated benefit to religion. However, in light of recent Establishment Clause cases, the NTIA modified its interpretation of sectarian programming, allowing a radio station to receive government funding even if its programming provides an attenuated or incidental benefit to religion. The NTIA's new …
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Sobriety Test: The Court Walks The Central Hudson Line Once Again In 44 Liquormart, But Passes On A New First Amendment Review, Aaron A. Schmoll
Federal Communications Law Journal
In 1980 the Supreme Court decided Central Hudson and, in so doing, articulated the parameters of the modern commercial speech doctrine. In providing a four-part test to determine the validity of government efforts to restrict commercial speech, the Court engaged in "intermediate scrutiny" and created the expectation among free speech advocates that the Court was finally ready to provide higher measure of constitutional protection to commercial speech. In the nearly fifteen years after Central Hudson, these advocates have been disappointed as the Court has inconsistently weighed the factors that comprise the test. The opportunity to adopt a less- manipulative …
Editor's Note, Michael M. Pratt
Editor's Note, Michael M. Pratt
Federal Communications Law Journal
No abstract provided.
First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross
First Amendment Trump?: The Uncertain Constitutionalization Of Structural Regulation Separating Telephone And Video, Susan Dente Ross
Federal Communications Law Journal
The Cable Act of 1984 contained a "cross-ownership" ban, which prohibited telephone companies from entering the local cable video market. Although the ban was challenged by telephone carriers on numerous grounds, the First Amendment was not the basis of any challenge until the mid-1990s when telephone companies sought to characterize themselves not just as carriers but as content suppliers, or "speakers," who were deprived of their right to speak as a result of common carrier regulations that were intended merely to control the economic structure of the communications industry. Using the First Amendment as a new-found constitutional weapon to challenge …
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
In Search Of A Smoking Gun: Tortious Interference With Nondisclosure Agreements As An Obstacle To Newsgathering, Mark J. Chasteen
Federal Communications Law Journal
In November 1995, the prominent CBS newsmagazine 60 Minutes refrained from broadcasting an important interview with a former vice president of Brown & Williamson for fear of being liable for tortiously interfering with a confidentiality agreement between the employee and the tobacco company. This event illustrates a new concern facing media: specifically whether liability arises from broadcasting information that would be considered protected speech had the source not been a party to a nondisclosure agreement. It also illustrates an area of First Amendment jurisprudence that is as yet uncharted and for which there is no established standard that is easily …
Creating Better Incentives Through Regulation: Section 271 Of The Communications Act Of 1934 And The Promotion Of Local Exchange Competition, Tim Sloan
Federal Communications Law Journal
The overriding goal of the Telecommunications Act of 1996 is to promote competition in all telecommunications markets. Section 271 of the Act addresses competition in the local telecommunications market. This section provides that, with appropriate competition in the local exchange market, Bell Operating Companies shall be allowed to offer in-region, interLATA services. Although Bell Operating Companies have applied to offer such services, the FCC has yet to grant a section 271 application. Through these denials, the Commission has begun to construe the frequently ambiguous text included in Track A and Track B of section 271. A further understanding of the …
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Balancing The Scales: The 1996 Telecommunications Act And Eleventh Amendment Immunity, Cynthia L. Bauerly
Federal Communications Law Journal
The Telecommunications Act of 1996 explicitly created a role for federal courts in the interconnection process. However, parties' ability to seek federal review of interconnection agreements is no longer as straightforward as the language of the Act implies. The Supreme Court's unnecessarily novel and narrow reading of Eleventh Amendment immunity in Seminole Tribe v. Florida renders unenforceable the federal review provisions of the Act against state regulatory commissions. While some interconnection agreements may find their way into federal court, for example, where a party seeking to interconnect sues an incumbent provider instead of the state commission, enforcement of a federal …
Digital Television History: "Take One", Herbert A. Terry
Digital Television History: "Take One", Herbert A. Terry
Federal Communications Law Journal
Book Review: Defining Vision: The Battle for the Future of Television, By Joel Brinkley.
Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner
Networked Health Information: Assuring Quality Control On The Internet, Kristin B. Keltner
Federal Communications Law Journal
The Clinton Administration's Health Information and Applications Working Group promotes networked health information provided to all citizens through the Internet as one way to lower health care costs while improving the health of Americans. Managed care organizations and private health information providers already use the World Wide Web to disseminate consumer health information to broad segments of society. No standards exist to ensure that the information these Web sites carry is accurate and otherwise free from corruption. Disclaimers as to the reliability of the information as well as to the responsibility of the information provider for any harm caused by …
Section 253 Of The Telecommunications Act Of 1996: A Permanent Physical Appropriation Of Private Property That Must Be Justly Compensated, Jennifer L. Worstell
Section 253 Of The Telecommunications Act Of 1996: A Permanent Physical Appropriation Of Private Property That Must Be Justly Compensated, Jennifer L. Worstell
Federal Communications Law Journal
Section 253 of the Telecommunications Act of 1996 was promulgated in an effort to remove unnecessary regulation by local governments and open up competition among local phone companies, cable providers, and other telecommunications concerns. However, this provision effectively prohibits local governments from managing their rights-of-way. Furthermore, it violates modern Fifth Amendment takings jurisprudence, Section 253 and the first three FCC and court decisions examining it not only have jeopardized effective municipal management and resource allocation discretion, but also have usurped local governments' property rights without just compensation in explicit violation of the United States Constitution.
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
The Information Superhighway: Trolls At The Tollgate, Charles M. Oliver
Federal Communications Law Journal
Prior to the passage of the 1996 Telecommunications Act, policymakers sought funding and regulatory mechanisms capable of fulfilling the vision of an Information Superhighway. Vice President Gore, the Clinton Administration's point person on the issue, initially proposed assessing fees on other sectors of the telecommunications industry to fund construction. Meanwhile, conservatives asserted that deregulation of the industry would achieve the desired result. A compromise ultimately was reached: the 1996 Act requires local exchange carriers to unbundle their networks and provide access at a reasonable cost to competitors. The use of regulatory formulas in lieu of taxes to subsidize a national …
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Property Rights, Reliance, And Retroactivity Under The Communications Act Of 1934, William L. Fishman
Federal Communications Law Journal
Although the FCC and courts have concluded that licensees have certain property interests in their licenses, they do not acquire any ownership interests even when, via a spectrum auction, they pay for their licenses. What narrow property interests licensees maintain are limited, and the FCC has broad power to modify existing licenses if doing so is in the public interest. License owners have sought to limit or defeat otherwise lawful FCC actions to alter their licenses by asserting a reliance interest on prior agency action or policy. Licensees may find comfort in the fact that some courts have acknowledged these …
Editor's Note, Michael M. Pratt
Editor's Note, Michael M. Pratt
Federal Communications Law Journal
No abstract provided.
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
The Telecommunications Act Of 1996: Codifying The Digital Divide, Allen S. Hammond Iv
Federal Communications Law Journal
The Telecommunications Act of 1996 purports to ensure every American eventual access to advanced telecommunications networks and services, and more immediate access to basic telephone networks and services. This access is essential because it determines the ease with which Americans can acquire an education, obtain employment, control financial affairs, access emergency assistance, and participate in the political process. The interpretation and implementation of the 1996 Act is critical because there is an imminent danger that a large portion of society— in inner cities, near suburbs, and small towns— not be connected to the "national electronic nervous system." To ensure that …
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Using Market-Based Spectrum Policy To Promote The Public Interest, Gregory L. Rosston, Jeffrey S. Steinberg
Federal Communications Law Journal
With the increasing demand for spectrum to accommodate emerging technologies, and the discovery that higher frequencies are usable, the FCC has replaced its reliance on administrative mechanisms for allocating spectrum with a more flexible, market-based approach. The FCC can best accomplish its mission of promoting the public interest by continuing to rely on competitive market forces and by establishing a clear and consistent paradigm for approaching allocation, assignment, usage, and other policies. Such a paradigm envisions an FCC that would actively monitor spectrum to remedy situations in which it is not used to its full value; establish mechanisms to reduce …
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
International Jurisdiction In Cyberspace: Which States May Regulate The Internet?, Stephan Wilske, Teresa Schiller
Federal Communications Law Journal
The Internet now reaches 60 million users in 160 countries, with the number increasing each year. Although cyberspace has been viewed as a self-regulating entity controlled by no government, this myth is being destroyed as the global Internet community expands. With this expansion comes a question: Who has the authority to regulate cyberspace? Given that decisions about the Internet reach far beyond national borders, the answer to this question is unknown, but certainly has broad implications. Traditional laws of international jurisdiction, including jurisdiction to prescribe, jurisdiction to adjudicate, and jurisdiction to enforce, offer some clear answers. However, further development of …
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Section 254 Of The Telecommunications Act Of 1996: A Hidden Tax?, Nichole L. Millard
Federal Communications Law Journal
Congress has the sole power to levy and collect taxes. The Supreme Court has ruled that Congress may delegate this authority to administrative agencies so long as the will of Congress is clearly defined in the legislation. However, section 254 of the Telecommunications Act of 1996 operates as an unconstitutional delegation of Congress' authority to tax. This legislation provides the FCC with unfettered discretion in defining the boundaries of universal service and the authority to mandate that all consumers of telecommunications services subsidize the cost for low-income and rural consumers, as well as schools, libraries, and health care providers.
Whither Unregulated Access Competition?, Clayton C. Miller
Whither Unregulated Access Competition?, Clayton C. Miller
Federal Communications Law Journal
Book Review: Universal Service: Competition, Interconnection, and Monopoly in the Making of the American Telephone System, by Milton L. Mueller, Jr., MIT Press and AEI Press, 1997, 191 pages.