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Communications Law Commons™

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1999

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Institution
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Articles 31 - 60 of 95

Full-Text Articles in Communications Law

Not In My Backyard: The Siting Of Wireless Communications Facilities, Malcolm J. Tuesley May 1999

Not In My Backyard: The Siting Of Wireless Communications Facilities, Malcolm J. Tuesley

Federal Communications Law Journal

Given the increasing prominence of wireless communications within the broader realm of technological advancement, the deployment of a national infrastructure capable of meeting the demands of PCS is critical. The Telecommunications Act of 1996 takes substantial steps to ensure the expeditious deployment and ultimate success of such technology. The spur of the 1996 Act is necessary to bring otherwise disinterested communities to the table with providers. While the 1996 Act greatly enhances the position of service providers as they deal with local communities, education and cooperation between federal, state and local governments, and service providers offer the greatest potential for …

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Riding On A Diamond In The Sky: The Dbs Set-Aside Provisions Of The 1992 Cable Act, Richard L. Weber May 1999

Riding On A Diamond In The Sky: The Dbs Set-Aside Provisions Of The 1992 Cable Act, Richard L. Weber

William & Mary Law Review

No abstract provided.

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The Common Law In Cyberspace, Tom W. Bell May 1999

The Common Law In Cyberspace, Tom W. Bell

Michigan Law Review

Wrong in interesting ways, counts for high praise among academics. Peter Huber's stirring new book, Law and Disorder in Cyberspace, certainly merits acclaim by that standard. The very subtitle of the book, Abolish the FCC and Let Common Law Rule the Telecosm, announces the daring arguments to follow. A book so bold could hardly fail to make some stimulating errors, the most provocative of which this review discusses. Thanks to his willingness to challenge musty doctrines of telecommunications law and policy, moreover, Huber gets a great deal right. Law and Disorder in Cyberspace argues at length that the Federal Communications …

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From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak Mar 1999

From International Competitive Carrier To The Wto: A Survey Of The Fcc’S International Telecommunications Policy Initiatives 1985-1998, Lawrence J. Spiwak

Federal Communications Law Journal

No abstract provided.

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Editor's Note, Malcolm J. Tuesley Mar 1999

Editor's Note, Malcolm J. Tuesley

Federal Communications Law Journal

No abstract provided.

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The Fairness Doctrine Is Dead And Living In Israel, Amit M. Schejter Mar 1999

The Fairness Doctrine Is Dead And Living In Israel, Amit M. Schejter

Federal Communications Law Journal

The fairness doctrine has long been eliminated as required conduct for broadcasters in the United States. When enforced, it meant both being required to discuss controversial issues and to represent them in a fair way. In Western Europe, where only public service broadcasters existed until quite recently, a different doctrine emerged—the doctrine of impartiality. Under this doctrine, broadcasters were to refrain from being partial in any way. In Israel, a hybrid solution was adopted: While the system was designed in the Western European way, the courts have been insisting for years that the American fairness doctrine is the norm for …

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Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole Mar 1999

Playing The Name Game: A Glimpse At The Future Of The Internet Domain Name System, Rebecca W. Gole

Federal Communications Law Journal

As the Internet continues to expand into the top global medium for commerce, education, and communication, individuals and businesses are racing to claim their own unique Internet address or domain name. Unlike the three-dimensional world, where many entities may share the same name, on the Internet each domain name must be unique. As a result of this uniqueness requirement, a variety of disputes and trademark issues have arisen as individuals and entities compete for lucrative domain names on the Internet market. These disputes have led to the submission of two proposals for the overhaul of the current domain name system. …

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Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak Mar 1999

Employer Liability For Employee Online Criminal Acts, Jeffrey S. Nowak

Federal Communications Law Journal

While the computer and Internet have served as the foundation for a more efficient and effective workplace, they have also wreaked havoc on employers. Employees are increasingly using work-related time to enter the Information Superhighway to commit criminal acts upon third parties outside the employer’s business. Can an employer be held liable for such acts when they are committed using the employer’s computer and Internet system? While the doctrine of respondeat superior may shield employers from liability, the theory of negligent retention or supervision may allow injured parties a second bite at the employer liability apple. Because legislatures and courts …

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Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt Mar 1999

Cap-Sized: How The Promise Of The Price Cap Voyage To Competition Was Lost In A Sea Of Good Intentions, Gregory J. Vogt

Federal Communications Law Journal

This Article explores the Federal Communication Commission’s efforts to regulate into being marketplace economic forces through price cap regulation. A comprehensive analysis of the history and policies behind price cap regulation of LECs offers guidance for the future. Ultimately, while progress towards local exchange competition has been made, certain important adjustments should be implemented to allow price caps to achieve their full potential. These changes, consistent with the original theory of price caps, will in turn help speed the transition to competition.

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The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon Mar 1999

The First Amendment Case Against Fcc Ip Telephony Regulation, Tuan N. Samahon

Federal Communications Law Journal

This Comment argues that IP telephony, like handbills and traditional print media, deserves First Amendment protection against FCC regulatory authority. After briefly reviewing the IP telephony phenomenon within the larger context of "digital convergence," the Comment examines the FCC and Supreme Court’s technologically driven First Amendment jurisprudence—particularly, the First Amendment’s conspicuous absence from the IP telephony dialogue, and, correspondingly, the prominence of assurances of regulatory forbearance in Congress, the courts, and the FCC. In response, the Author offers First Amendment content-based and content-neutral arguments against the proposed telephony regulations. At the very least, the affordability and innovation IP telephony offers …

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Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith Mar 1999

Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith

Federal Communications Law Journal

With the passage of the Telecommunications Act of 1996, Congress revamped federal universal service policy by requiring that universal service support be explicit. The Act also provides that states can supplement federal universal service support with state universal service support. However, under section 254(f) of the Act, state programs must not be "inconsistent with" the FCC’s rules for implementing the Federal Plan. Section 254(f) provides for express preemption of state universal service plans but uses FCC rules as a measure for determining when preemption is required. As a result, the case law governing express preemption by Congress is in and …

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Whither To Regulate?, Patrick A. Miles Jr. Mar 1999

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.

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Masthead Vol.51 No.2 (1999) Mar 1999

Masthead Vol.51 No.2 (1999)

Federal Communications Law Journal

No abstract provided.

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Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish Mar 1999

Betting On The Net: An Analysis Of The Government’S Role In Addressing Internet Gambling, Stevie A. Kish

Federal Communications Law Journal

The Internet Gambling Prohibition Act represents the U.S. Senate’s response to the development of a new online industry—Internet gambling. While this ban could arguably reduce the dangers associated with Internet gambling, such as fraud and addiction, it can only do so by exacting a substantial cost on principles of federalism. Rather than enacting this federal prohibition, Congress should instead leave the issue of whether Internet gambling should be legalized to the states.

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To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan Mar 1999

To Net Or Not To Net: Singapore’S Regulation Of The Internet, Sarah B. Hogan

Federal Communications Law Journal

Internet access has become almost commonplace, as has the unfettered exchange of ideas through cyberspace. Several nations, Singapore among them, have attempted to control their citizens’ Internet access in order to preserve and protect a desired national culture. A brief overview of the technological means of Internet censorship reveals a hidden truth: If Singapore truly wishes to become the technological giant of the East, the government will have to sacrifice its desire to control Internet content.

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Wireless Facilities Are A Towering Problem: How Can Local Zoning Boards Make The Call Without Violating Section 704 Of The Telecommunications Act Of 1996?, Kevin M. O'Neill Mar 1999

Wireless Facilities Are A Towering Problem: How Can Local Zoning Boards Make The Call Without Violating Section 704 Of The Telecommunications Act Of 1996?, Kevin M. O'Neill

William & Mary Law Review

No abstract provided.

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Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips Jan 1999

Necessary Protections For Famous Trademark Holders On The Internet, Gregory D. Phillips

UC Law SF Communications and Entertainment Journal

The Internet is being catapulted to the forefront of commerce and will soon become one of the largest players in the commercial world. Famous and wellknown marks have been the special target of a variety of predatory and parasitical practices on the Internet, such as "cybersquatting" and "cyberpiracy." These practices have been exacerbated by registering domain names through offshore or fictitious entities, or by providing false or fictitious information to the registrar of the domain names, Network Solutions, Inc. This article outlines the problems of "cyberabuse" faced by famous trademark holders on the Internet, and outlines important protections that need …

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Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang Jan 1999

Consumer Advocacy In The Sports Industry: Recognizing And Enforcing The Legal Rights Of Sports Fans, Amy Wang

UC Law SF Communications and Entertainment Journal

In the business of today's sports industry, the sports fan has been relegated to the status of a second-class consumer, exercising little influence over major market decisions. This note highlights some of the more fundamental issues affecting the rights of sports fans, focusing specifically on the rights arising from ticket ownership and the rights arising from support of local teams and players.

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Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan Jan 1999

Should Motion Picture Studios And Filmmakers Face Tort Liability For The Acts Of Individuals Who Watch Their Films, S. Michael Kernan

UC Law SF Communications and Entertainment Journal

Motion pictures are speech, just like any other form of expression. As such, the First Amendment protects filmmakers from both criminal liability and tort liability for the speech in their films. A recent opinion from Louisiana, which was denied review by the United States Supreme Court, may have a great impact on filmmaker liability. As long as a plaintiff follows a specific pleading format, filmmakers will be forced to spend the money necessary to defend against potentially frivolous lawsuits all the way through the discovery phase, up and until they prepare an expensive motion for summary judgment. This article analyzes …

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Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards Jan 1999

Defending Larry Flynt: Why Attacking Flynt's Outing Of Sexual Affairs Is Misguided, Clay Calvert, Robert D. Richards

UC Law SF Communications and Entertainment Journal

No abstract provided.

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Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger Jan 1999

Marching To Madness: Dual Use Trademarks After Illinois High School Association V. Gte Vantage, Jonathan Berger

UC Law SF Communications and Entertainment Journal

March is the month when the college basketball season draws to a close, and the insanity associated with the championship tournaments begins. In 1996, the Court of Appeals for the Seventh Circuit ruled that the term "March Madness" existed with dual-usage. This article argues that there was no need to create the concept of the "dual-use trademark" at all, and that the existing trademark-law framework was perfectly adequate for the task of adjudicating issues such as the one presented here. This article further contends that the potential perils of dualuse trademarks far outweigh any benefits that might spring from their …

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Bibliography Of Recent Books In Communications Law, Patrick J. Petit Jan 1999

Bibliography Of Recent Books In Communications Law, Patrick J. Petit

CommLaw Conspectus: Journal of Communications Law and Technology Policy (1993-2015)

No abstract provided.

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Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii Jan 1999

Internet Domain Names And Trademarks: Recent Developments In Domestic And International Disputes, G. Gervaise Davis Iii

UC Law SF Communications and Entertainment Journal

Domain name conflicts have already become a significant legal issue in the United States and are starting to be a similar problem in other nations, especially in the European Community. These disputes can easily turn into costly litigation and/or expensive negotiations over transferring the name from one owner to another, between owners of existing domain names and similar trademarks. While there are a number of pending changes in the domain name assignment procedures, it seems unlikely that the proposals will resolve anything, and in fact, the proposals will probably lead to more litigation.

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The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish Jan 1999

The New Wave Of Speech And Privacy Developments In Cyberspace, Eric J. Sinrod, Jeffrey W. Reyna, Barak D. Jolish

UC Law SF Communications and Entertainment Journal

As with any other medium of information, the Internet has the potential to be used as a tool for businesses, individuals, and government to peer into people's personal lives. Conversely, many are concerned that the Internet can also be used to deliver objectionable or obscene information to minors. These concerns fuel the ongoing debate over whether and how to regulate the Internet to protect the privacy and speech concerns implicated by its many uses. Congress, the courts, the European Community, and a coalition of Internet industry members have taken several decisive steps in an effort to focus the ever-changing policy …

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Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl Jan 1999

Recent Trademark Cases Examine Reverse Domain Name Hijacking, Carl Oppedahl

UC Law SF Communications and Entertainment Journal

The outcome of a domain name dispute can fall anywhere along a spectrum. Some courts grant strong remedies against domain name owners, while others find no liability for domain name owners with common or generic dictionary words that are used by many companies. For every highly visible "strong remedies" case in which the trademark owner chose to go to federal court, there have been dozens of unpublicized cases in which the challenger went to the "court" of Network Solutions, Inc. instead. This article focuses on the three recent cases in which domain name owners, faced with NSI decisions in favor …

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The Transferability Of Non-Exclusive Copyright Licenses: A New Default Rule For Software In The Ninth Circuit, Brandon M. Villery Jan 1999

The Transferability Of Non-Exclusive Copyright Licenses: A New Default Rule For Software In The Ninth Circuit, Brandon M. Villery

UC Law SF Communications and Entertainment Journal

The merger and acquisition of companies using software technology can generate a need to transfer valuable software licenses from a target company to an acquiring company. As a default rule in the Ninth Circuit, a licensee cannot assign a non-exclusive copyright license without the express authorization of the licensor. Consequently, an acquired licensee may be forced to renegotiate an otherwise valid software license, even if it survives the acquisition and continues to operate as a subsidiary. Understandably, the issue of copyright license transferability continues to pose a problem in mergers, acquisitions and bankruptcies. This note analyzes the Ninth Circuit's decision …

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You've Got Mud On Your Face: Have Mp3s Turned The Middleman Into Roadkill, Jessica Trivellini Toney Jan 1999

You've Got Mud On Your Face: Have Mp3s Turned The Middleman Into Roadkill, Jessica Trivellini Toney

UC Law SF Communications and Entertainment Journal

Moving Picture Expert Group Audio Layer 3, or MP3s, computer audio files transmitted over the Internet, have emerged as powerful challengers to the current music distribution system. MP3s challenge the recording industry on two fronts: piracy and sidestepping industry distribution channels. This note explores how copyright law applies to computer sound files, including MP3s, and demonstrates how advances in MP3 technology have made infringement concerns a significant problem. This note concludes that the record industry must radically change its current marketing scheme and adopt a low cost licensing approach in order to adapt successfully in the digital age.

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Choice Of Entity And Securities Aspects Of Independent Film Offerings By First-Time Filmmakers, Michael L. Maddren Jan 1999

Choice Of Entity And Securities Aspects Of Independent Film Offerings By First-Time Filmmakers, Michael L. Maddren

UC Law SF Communications and Entertainment Journal

Independent films have become increasingly common over recent years. It has become increasingly difficult for these first-time filmmakers to obtain studio financing. Filmmakers who cannot obtain studio financing often turn to private investors. A filmmaker seeking private investor financing must confront several legal issues. This article examines the choice of entity and securities law aspects of independent film financing, and makes suggestions for the independent filmmaker facing these issues.

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The Owned Public Domain: The Constitutional Right Not To Be Excluded - Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack Jan 1999

The Owned Public Domain: The Constitutional Right Not To Be Excluded - Or The Supreme Court Chose The Right Breakfast Cereal In Kellogg V. National Biscuit Co., Malla Pollack

UC Law SF Communications and Entertainment Journal

Before the rise of law and economics, the Supreme Court vigorously enforced the public right to use material in the public domain upon the expiration of utility patents. This right was most notably upheld in Kellogg v. Nat'l Biscuit Co. Recently, numerous Federal Circuit courts have failed to follow the holding of Kellogg. This article discusses the Lockian conception of property, argues that Kellogg was based upon sound Constitutional footing, and suggests that the current Court should follow that Constitutional reasoning, rather than distinguishing the case based on economic theory in its consideration of TrafFix Devices v. Marketing Displays this …

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The Communications Decency Act Is Not As Dead As You Think, Michael E. Whitman, Anthony M. Townsend, Robert J. Aalberts Jan 1999

The Communications Decency Act Is Not As Dead As You Think, Michael E. Whitman, Anthony M. Townsend, Robert J. Aalberts

Faculty Articles

No abstract provided.

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