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Articles 31 - 60 of 163
Full-Text Articles in Communications Law
Unwarranted Fears Mask The Benefits Of Network Diversity: An Argument Against Mandating Network Neutrality, Elvis Stumbergs
Unwarranted Fears Mask The Benefits Of Network Diversity: An Argument Against Mandating Network Neutrality, Elvis Stumbergs
ExpressO
The rapid development of the Internet has necessitated an update to Federal telecommunications laws. Recent Congressional efforts to enact such an update, however, have spawned a fiery debate over a somewhat nebulous concept: network neutrality. The debate concerns the way that Internet access providers handle the data traffic being sent over their networks. These providers would like the option to offer some of their customers, web site hosting companies and similar entities, additional services that would essentially result in these customers’ content loading faster, more reliably, or more securely than others not receiving such priority treatment. Yet, this proposed “diversity” …
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
What’S The Hang Up? The Future Of Voip Regulation And Taxation In New Hampshire, Kate Winstanley
The University of New Hampshire Law Review
Alice in Austria wishes to call her friend Bob in Boston, using a Boston area code to avoid charges for an international call. Using VoIP, Alice may initiate her call from any location in Austria where she may find Internet access. Once Alice connects to the Internet, she can transmit her call with the aid of a VoIP service provider, such as Skype. In order to hear and communicate with Bob, Alice can rely on a microphone and a headset that she can plug into her computer. Through VoIP, not only may Alice carry on a telephone conversation, but most …
Video Over Telephone Networks: The Case Against Regulation, Hal J. Singer, J Gregory Sidak, Robert W. Crandall
Video Over Telephone Networks: The Case Against Regulation, Hal J. Singer, J Gregory Sidak, Robert W. Crandall
ExpressO
The current wave of telecommunications reform stands to significantly affect the provision of video over telephone networks. Current legislative initiatives are treating video services provided over telephone networks in essentially the same way as traditional cable video services. We examine whether, on legal or policy grounds, video services provided over a telephone network should be regulated as a cable service. We evaluate the history of cable regulation and the services that Congress envisioned to be regulated when it first drafted legislation establishing a regulatory framework for cable television services in 1984. We then examine numerous differences between video services delivered …
The Press As Interest Group: Mainstream Media In The United States Supreme Court, Eric B. Easton
The Press As Interest Group: Mainstream Media In The United States Supreme Court, Eric B. Easton
ExpressO
This study explores the influence that news media organizations exert on the United States Supreme Court as parties and amici curiae. The study found, inter alia, that the media succeed more often than not, although by a relatively small margin, with far greater success in content-related than in newsgathering cases. Media organizations have been more successful as parties than as amici, and more successful against state and local government entities than against the federal government.
Necessary Knowledge For Communications Policy: Information Inequalities And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
Necessary Knowledge For Communications Policy: Information Inequalities And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
ExpressO
Communications policymaking increasingly relies upon large-scale databases manufactured and marketed by commercial organizations. Data providers such as BIA Research, Nielsen Media Research, and Arbitron play a vital role in aggregating the data that policymakers, policy analysts, and policy advocates rely upon in policy deliberations. In many ways, these data providers supplement the limited data gathering capacity of government bodies such as the FCC and NTIA and thereby help to bring a greater quantity of relevant data to bear on policy issues than would otherwise be possible. Indeed, these data are utilized extensively by stakeholders with an interest in policy outcomes …
Beyond Broadcasting: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
Beyond Broadcasting: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
ExpressO
This paper argues that if the federal government is serious about its stated goals of protecting children and the sanctity of the home, then the Federal Communications Commission should expand indecency regulations to cable and satellite services. The current enforcement system – fining the handful of free broadcasters hundreds of thousands of dollars for each instance of indecency they air, while completely ignoring the much more extreme indecency commonplace on cable and satellite – is arbitrary and nonsensical. After discussing the relevant laws and precedent, the paper analyzes the regulatory history of broadcast, cable and satellite over the past few …
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Media Influence And The Modern American Democracy: Why The First Amendment Compels Regulation Of Media Ownership, Sean Michael Mcguire
Cardozo Public Law, Policy & Ethics Journal
The article argues that the First Amendment necessitates government regulation of media ownership to safeguard democracy. It posits that while the First Amendment initially protected against government interference, evolving societal and technological changes require active regulation to ensure a diverse "marketplace of ideas." The author contends that without such regulation, media consolidation leads to a decline in viewpoint diversity, diminished content quality, and undue corporate influence, undermining democratic discourse.
Concurring In Part & Concurring In The Confusion, Sonja R. West
Concurring In Part & Concurring In The Confusion, Sonja R. West
Scholarly Works
When a federal appellate court decided last year that two reporters must either reveal their confidential sources to a grand jury or face jail time, the court did not hesitate in relying on the majority opinion in the Supreme Court's sole comment on the reporter's privilege--Branzburg v. Hayes. "The Highest Court has spoken and never revisited the question. Without doubt, that is the end of the matter," Judge Sentelle wrote for the three-judge panel on the Circuit Court of Appeals for the District of Columbia. By this declaration, the court dismissed with a wave of its judicial hand the arguments …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Access To Audiences As A First Amendment Right: Its Relevance And Implications For Electronic Media Policy, Philip M. Napoli, Sheea T. Sybblis
Access To Audiences As A First Amendment Right: Its Relevance And Implications For Electronic Media Policy, Philip M. Napoli, Sheea T. Sybblis
ExpressO
When the issue of speakers’ rights of access arises in media regulation and policy contexts, the focus typically is on the concept of speakers’ rights of access “to the media,” or “to the press.” This right usually is premised on the audience’s need for access to diverse sources and content. In contrast, in many non-mediated contexts, the concept of speakers’ rights of access frequently is defined in terms of the speaker’s own First Amendment right of access to audiences. This paper explores the important distinctions between these differing interpretations of a speaker’s access rights and argues that the concept of …
The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra
The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra
Federal Communications Law Journal
No abstract provided.
Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman
Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman
Federal Communications Law Journal
No abstract provided.
Creation Of The Media: A Review And Introspective, Shannon M. Heim
Creation Of The Media: A Review And Introspective, Shannon M. Heim
Federal Communications Law Journal
A review of Paul Starr's Creation of the Media, Basic Books 2004. This review discusses the historical treatment that Starr presents in his narrative of modern communications, particularly focusing on the "constitutive moments" in the growth of the media.
Editor's Note, R. Matthew Warner
Editor's Note, R. Matthew Warner
Federal Communications Law Journal
No abstract provided.
Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman
Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman
Federal Communications Law Journal
No abstract provided.
Ten Years Under The 1996 Telecommunications Act, Reed Hundt
Ten Years Under The 1996 Telecommunications Act, Reed Hundt
Federal Communications Law Journal
Keynote speech delivered at the Telecommunications Act of 1996: Ten Years Later Symposium, February 6, 2006, George Washington University.
The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide
The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide
Federal Communications Law Journal
No abstract provided.
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.
Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett
Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett
Federal Communications Law Journal
No abstract provided.
No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert
No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert
Federal Communications Law Journal
No abstract provided.
Interconnection Policy And Technological Progress, Gerald W. Brock
Interconnection Policy And Technological Progress, Gerald W. Brock
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.
Deregulation And Market Concentration: An Analysis Of Post- 1996 Consolidations, Eli M. Noam
Deregulation And Market Concentration: An Analysis Of Post- 1996 Consolidations, Eli M. Noam
Federal Communications Law Journal
No abstract provided.
Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon
Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon
Federal Communications Law Journal
No abstract provided.
The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts
The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts
Federal Communications Law Journal
No abstract provided.
Politics And Telecommunications, Larry Pressler
Politics And Telecommunications, Larry Pressler
Federal Communications Law Journal
No abstract provided.
The 1996 Telecommunications Act, Jim Robbins
The 1996 Telecommunications Act, Jim Robbins
Federal Communications Law Journal
No abstract provided.
Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai
Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai
Federal Communications Law Journal
No abstract provided.
Are You Better Off Today Than You Were Ten Years Ago? Residential Consumers And Telecommunications Reform, Samuel A. Simon
Are You Better Off Today Than You Were Ten Years Ago? Residential Consumers And Telecommunications Reform, Samuel A. Simon
Federal Communications Law Journal
No abstract provided.
Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling
Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling
Federal Communications Law Journal
No abstract provided.