Communications Law Commons^™

Can You Hear Me Now? Cell Phone Jamming And The Tenth Amendment, Thomas L. Chittum, Iii

Nevada Law Journal

No abstract provided.

A Fundamental Misunderstanding: Fcc Implementation Of U.S. Wto Commitments, Laura B. Sherman

Federal Communications Law Journal

In bilateral and multilateral trade agreements, the United States has agreed to open the market for telecommunications services to foreign service suppliers, an obligation implemented by the FCC since 1998. In contrast, the United States has made no commitments with respect to broadcasting services or broadcast licenses. This article clarifies the different treatment of telecommunications services and broadcast services in U.S. trade obligations and FCC orders.

Fcc V. Wncn Listeners Guild: An Old-Fashioned Remedy For What Ails Current Judicial Review Law, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Spread Spectrum Is Good-But It Does Not Obsolete Nbc V. U.S.!, Charles Jackson, Raymond Pickholtz, Dale Hatfield

Federal Communications Law Journal

The Authors criticize recent statements by leading legal commentators suggesting that the development of spread spectrum has eliminated radio interference and helped make the underlying legal foundations for regulating spectrum obsolete. The Authors provide a non-technical explanation of how spread spectrum works and why it does not have the effect of eliminating radio interference. The Authors conclude that new technologies are likely to increase the availability of usable spectrum, but they have not wiped out the problem of interference.

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 …

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 …

The Fcc And Section 312(A)(7) Of The Communications Act Of 1934: The Development Of The “Unreasonable Access” Clause, Philip J. Gutwein Ii

Federal Communications Law Journal

Section 312(a)(7) of the Communications Act of 1934 requires that broadcast stations provide legally qualified candidates for federal elective office with reasonable access to advertising time on behalf of their candidacies. The FCC has long struggled with defining "reasonable access." On September 7, 1999, the FCC issued a Memorandum Opinion and Order in which it ruled that broadcast stations may not refuse a request for political advertising time solely because the station does not sell or program such lengths of time. This ruling came in response to a petition for reconsideration of an October 3, 1994 Declaratory Ruling, filed by …

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 …

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 …

Welcoming Remarks And Statement Of The Issues, Fred H. Cate

Federal Communications Law Journal

The creation, manipulation, transmission, storage, and use of information constitute the United States' and the world's largest economic sector, affecting almost every aspect of business, education, government, and entertainment. The convener of From Conduit to Content: The Emergence of Information Policy and Law introduces The Annenberg Washington Program forum by noting the proliferation of information technologies and services, the diversity of industries and interests affected, and the number of government entities with jurisdiction, that contribute to both the complexity and the importance of information policy making.

From Conduit to Content: The Emergence of Information Policy and Law. The Annenberg Washington …

Symposium: Foreign Ownership In The Communica Tions Industries- An Analysis Of Section 310, Richard Nohe, Erwin Krasnow, Keith Bernard, Joel Winnik, J. Gregory Sidak, Richard Cotton

Media Law and Policy

No abstract provided.

Editor's Note, Jason Roberts

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act, Robert E. Allen

Federal Communications Law Journal

No abstract provided.

Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Michael D. Director, Michael Botein

Federal Communications Law Journal

No abstract provided.

Letter Of Introduction, Bill Clinton

Federal Communications Law Journal

No abstract provided.

Letter Of Introduction, Myles Brand

Federal Communications Law Journal

No abstract provided.

Celebrating Communications Technology For Everyone, Peter David Blanck

Federal Communications Law Journal

No abstract provided.

Trends In Communications And Other Musings On Our Future, Rachelle B. Chong

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act Of 1934, Stanley S. Hubbard

Federal Communications Law Journal

No abstract provided.

Toward Regulation That Fosters Competition, Reed Hundt

Federal Communications Law Journal

No abstract provided.

Principles For The Communications Act Of 2034: The Superstructure Of Infrastructure, Eli M. Noam

Federal Communications Law Journal

No abstract provided.

Up With The Fcc: An Essay Of Esteem For The Commission On Its Sixtieth Birthday, Abner J. Mikva

Federal Communications Law Journal

No abstract provided.

Second Chance, Newton N. Minow

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun

Federal Communications Law Journal

No abstract provided.

Q'S World: The Future Of Broadcast Regulation, James H. Quello

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act, Susan Ness

Federal Communications Law Journal

No abstract provided.

The New Realities Of The Communications Marketplace, Raymond W. Smith

Federal Communications Law Journal

No abstract provided.

In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey

Federal Communications Law Journal

No abstract provided.

Reinventing Fcc Adjudication, Sidney White Rhyne

Federal Communications Law Journal

No abstract provided.

The Unfinished Task Of Spectrum Policy Reform, Janice Obuchowski

Federal Communications Law Journal

No abstract provided.