Communications Law Commons^™

The Failure Of Fcc Diversity Initiatives: A Postmortem And A Proposal, Christopher Terry, David Pritchard

Indiana Journal of Law and Social Equality

No abstract provided.

Aclp - Comments To The Fcc Re Rdof Amnesty - March 2024, New York Law School

Reports and Resources

No abstract provided.

A Novel Means To Increase Access To Local News: Analyzing The Benefits And Costs Of Zero-Rating, Kevin Frazier

Catholic University Journal of Law and Technology

The dismal and declining state of local news has motivated bipartisan efforts to “save” this important aspect of a strong civic sphere. A full review of these efforts is beyond the scope of this paper, but an initial review suggests that recent legislative proposals will fall short of reviving local news, if enacted. It follows that other means of assisting the generation and distribution of local news must be considered. One such means is mandating that Internet Service Providers zero-rate content provided by local news outlets. In short, zero-rating results in certain data not counting toward a user’s data cap …

Broadcast In The Past?: The Dangers Of Deregulating Children’S Broadcast Television, Lauren Bashir

Journal of the National Association of Administrative Law Judiciary

This article will begin by providing an overview of the Federal Communications Commission’s role in regulating broadcast television. In Section II, this article will explain in depth how the FCC has placed limitations on the type of content and circumstances under which television stations can broadcast content. This discussion will lead into the Children’s Television Act (CTA) of 1990 and the regulation of children’s television—also known as the KidVid Rules. After providing some background on the creation of the CTA and its effectiveness up to recent times, Section III will dive deeper into the 2019 CTA modifications. Then this article …

Aclp - Comments To The Fcc Re Net Neutrality - December 2023, New York Law School

Reports and Resources

No abstract provided.

Higher Altitudes And Higher Standards: Advocating The Fcc Require Environmental Assessments For Mega- Constellations, John Latson

The Journal of Business, Entrepreneurship & the Law

This article will explore why the FCC’s current regime on categorical exclusions is ill-prepared for the developing mega-constellation industry, why the regime should be revised to require that companies launching mega-constellations file an Environmental Assessment (EA) as defined in the National Environmental Policy Act, and how such a change might fiscally impact these companies. Part II of this article will explore the National Environmental Policy Act, discussing the purpose of the Act and the goals Congress sought to accomplish. Part III will consider the FCC’s policy on categorical exclusions and EAs, with a comparison of how some other federal agencies …

The Policy Origins Of Wi-Fi, John Blevins

Indiana Law Journal

Wi-Fi technology has become a necessary foundation of modern economic and cultural life. This Article explains its history. Specifically, it argues that Wi-Fi owes its existence and widespread adoption to federal policy choices that have been underexplored in the literature. Wi-Fi’s development is often portrayed as an unexpected and lucky accident following the FCC’s initial decision in the 1980s to allow more unlicensed and experimental uses. This view, however, obscures the more fundamental role that federal policy played. For one, the rise of modern Wi-Fi was the product of a series of policy decisions spanning decades. In addition, the FCC’s …

Paving A New (Hua)Wei: A Comparative Analysis Of International Approaches To Securing Information And Communication Technology Supply Chains, Jordan Villegas

Catholic University Law Review

Recent amendments to Chinese Intelligence Laws codify affirmative obligations upon domestic companies and citizens alike, namely, that they must assist and support the Chinese Communist Party (CCP) in its intelligence gathering efforts. Coupling these laws with the international prevalence of Huawei, a Chinese telecommunications company comprising two-thirds of 5G equipment outside China, CCP compromised 5G equipment is an unassailable reality. This article explores five intelligence allied nations and how each has respectively addressed the risk posed by Huawei. It argues each nation’s policies are deducible to three primary approaches, categorically including: (1) promulgation of law explicitly excluding Huawei 5G equipment; …

The Empty Promises Of Diversity Mou's: How The Fcc Can Strengthen Commitments To Racial Equity, Jeleesa Omala

Journal of Civil Rights and Economic Development

(Excerpt)

African Americans have been systematically disenfranchised from nearly all sectors of American society since the country’s founding. As such, African Americans do not just perceive the problem of racial discrimination as a matter of personal prejudice but also a matter of survival. Without access to fundamental resources like higher education, healthcare, and economic opportunity, the quality of Black life decreases astronomically. The nation begins to equate being Black with being “less than,” and continues to disinvest in Black populations, which signals to Black people that their lives do not matter.

Nevertheless, determined Black entrepreneurs continue to fight to expand …

Common Law Rules: Applying Common Law Principles To Reassigned Phone Number Disputes Under The Tcpa, Monica Fritsch

American University Business Law Review

No abstract provided.

À La Carte Cable: A Regulatory Solution To The Misinformation Subsidy, Christopher R. Terry, Eliezer J. Silberberg, Stephen Schmitz, John Stack, Eve Sando

Catholic University Journal of Law and Technology

Although “fake news” is as old as mass media itself, concerns over disinformation have reached a fever pitch in our current media environment. Online media outlets’ heavy reliance on user-generated content has altered the traditional gatekeeping functions and professional standards associated with traditional news organizations. The idea of objectivity-focused informational content has primarily been substituted for a realist acceptance of the power and popularity of opinion-driven “news.” This shift is starkly visible now: mainstream news media outlets knowingly spread hoaxes, conspiracy theories, and the like.

This current state of affairs is not some freak accident. The Supreme Court’s First Amendment …

News Reporting On Trump's Covid-19 Treatments: Should Broadcasters Have To Disclose Their Being Potentially Dangerous?, Dr. Joel Timmer

Washington Journal of Law, Technology & Arts

During the early months of the COVID-19 pandemic in 2020, President Trump touted a number of treatments that many medical professionals considered dangerous. These treatments include hydroxychloroquine and disinfectants, which if misused could cause a patient’s death. This prompted Free Press to file an emergency petition with the FCC, arguing that broadcasters who report on Trump’s claims about these treatments without highlighting their dangers could be in violation of the Commission’s broadcast hoax rule. Free Press also requested the FCC require that broadcasters include disclaimers when reporting on such claims. This article examines whether the broadcast hoax rule has been …

Harlem Shake Meets The Chevron Two Step: Net Neutrality Following Mozilla V. Fcc, Christopher R. Terry, Scott Memmel

Washington Journal of Law, Technology & Arts

In October 2019, the D.C. Circuit handed down its much-anticipated decision in Mozilla v. FCC, relying heavily on Chevron Deference and the Supreme Court’s 2005 Brand X decision. The per curiam opinion upheld large portions of the FCC’s 2018 Restoring Internet Freedom Order, but also undermined the FCC’s preemption of state law while also remanding issues related to public safety, pole attachments, and the Lifeline Program to the agency, assuring that the legal and policy battles over net neutrality will continue. This Article traces the history of the FCC’s efforts on net neutrality as it has moved in and out …

Indecency Regulation Of The Fcc And Censorship Law In Republic Korea: Comparison And Contrasts, Min-Soo "Minee" Roh

Upper Level Writing Requirement Research Papers

Regulating music on radio or television is not a straightforward process, as the music is comprised of lyrics of words. On top of the lyrics, any music performance has an additional layer of choreography and dress code. If any individual elements or combined elements is obscene or indecent, the government attempts to regulate broadcasting both music and performance. This leads to regulating general speech on communications and it requires this paper to look into regulation of broadcasting in general and specific examples of music broadcasting regulation on radio and television, particularly, in the United States (“States”) and in Republic of …

Ng9-1-1, Cybersecurity, And Contributions To The Model Framework For A Secure National Infrastructure, Andrew Jackson Coley

Catholic University Journal of Law and Technology

9-1-1 call networks form the foundation of emergency communications infrastructure. However, a lack of funding and taking such networks for granted has led to a gradual yet predictable outdating of this critical infrastructure. Fortunately, recent efforts have acknowledged as such, and dedicated public safety officials have worked to update 9-1-1 systems to Next Generation 9-1-1 (NG9-1-1).
NG9-1-1 is an IP-based network with 21^stcentury technology capable of handling increased call volume, more resilient networks, and providing significantly more data to first responders, among litany of other advancements. With this much needed advancement comes the responsibilities of ensuring a secure …

Can Schools Use Nanotechnology To Prevent Cell Phones From Ringing, Sarah C. Boyer

Oklahoma Journal of Law and Technology

No abstract provided.

Fcc Comment: In The Matter Of Connect America Fund, Allen S. Hammond Iv

Broadband Institute of California

The Broadband Institute of California (BBIC) and the Broadband Regulatory Clinic of Santa Clara Law (BRC) petition the Commission to expressly consider the needs of rural tribal lands in promulgating regulations regarding spectrum allocated for the development of 5G technologies, and encourages the Commission to work with prospective auction participants, broadband service providers and tribal communities to develop 5G use cases targeting rural and tribal needs. Presently, barriers to broadband deployment across tribal lands include geographical isolation, low population densities, difficult terrain, and political fragmentation arising from tribal governance issues. The first portion of this Comment explains these particularly crippling …

Tennessee V. Fcc And The Clear Statement Rule, Lee D. Whatling

Georgia Law Review

In 2016, the Sixth Circuit in Tennessee v. FCC
overturned an FCC preemption order striking down state
laws that restricted municipal broadband providers from
servicing communities outside of their respective
municipal borders. The court held Congress had not
provided a clear statement in § 706 of the
Telecommunications Act of 1996 that it intended to grant
the FCC preemption power under these circumstances.
The immediate practical consequences of the decision were
that communities previously serviced by municipal
broadband providers, but located outside of municipal
borders, were now at the mercy of state laws that sought to
restrict that service.
This …

Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips

UF Law Faculty Publications

Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …

Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum

American University Business Law Review

No abstract provided.

“Hello…It’S Me. [Please Don’T Sue Me!]” Examining The Fcc’S Overbroad Calling Regulations Under The Tcpa, Marissa A. Potts

Brooklyn Law Review

Americans have received unwanted telemarketing calls for decades. In response to a rapid increase in pre-recorded calls made using autodialer devices, Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992. The TCPA imposes restrictions on calls made to consumers’ residences and wireless phones using autodialer devices, even if they are not telemarketing calls. Congress appointed the Federal Communications Commission (FCC) to prescribe rules and regulations to enforce the TCPA. In 2015, the FCC released an order that defined autodialer more broadly under the statute. Consequently, devices that have the potential to become autodialers in the future, even if they …

The Fcc And The “Pre-Internet”, John Blevins

Indiana Law Journal

Network neutrality has dominated broadband policy debates for the past decade. While important, network neutrality overshadows other policy levers that are equally important to the goals of better, cheaper, and more open broadband service. This lack of perspective has historical precedent—and understanding this history can help refocus today’s policy debate. In the 1960s and 1970s, telephone companies threatened the growth of the nascent data industry. The FCC responded with a series of rulemakings known as the “Computer Inquiries” proceedings. In the literature, Computer Inquiries enjoys hallowed status as a key foundation of the Internet’s rise.

This Article, however, argues that …

Beyond Transparency: The Semantics Of Rulemaking For An Open Internet, Reza Rajabiun

Indiana Law Journal

In trying to promote the development of an open Internet, the U.S. Federal Communications Commission (FCC) has primarily tried to encourage network providers to be transparent about their traffic management practices and quality of service prioritization policies. Dominant network operators have successfully challenged this minimalist approach to addressing end-user concerns about the rise of a two-tiered Internet, motivating the FCC to engage in yet another public consultation process to assess its future approach to the problem. This article maps the debate using Natural Language Processing (NLP) tools that allow us to build a systematic picture of the positions of the …

Sweeten The Deal: Transfer Of Federal Spectrum Through Overlay Licenses, Brent Skorup

Richmond Journal of Law & Technology

The explosion in consumer demand for wireless services that began in the 1990s caught policymakers off guard. Demand for wireless services has only accelerated, as new cellular wireless technologies-such as broadband Internet via 3G and 4G LTE-permit services such as web browsing, video streaming, the Internet of things, and gaming, necessitating a steady influx of spectrum as an input.

Deregulation Of Telephone Services In Ohio, Frank P. Darr

Akron Law Review

Part I reviews the market changes that exist and which, in part, drive the regulatory changes and have emerged because of them. Parts II and III establish the basic regulatory schemes that existed prior and subsequent to divestiture and deregulation at the federal level. Part IV sets out the Ohio regulatory structure which previously controlled the actions of the Ohio commission. Parts V and VI then address the response of the Ohio commission and supreme court to the changes at the federal level and note some potential institutional barriers to deregulation. Part VII introduces the legislative response to deregulation, House …

Verizon’S “Certification Process” And Why The Fcc Needs To Take A Stand, P. J. Gretter

Indiana Law Journal

This Note will give an in-depth review of the legality and policy implications of Verizon’s lengthy certification process. Part I will give a short background of the time leading up to Verizon’s purchase of the C-Block. It will then review the actual rules of the agreement between Verizon and the FCC at the time of the purchase, as well as the pertinent history following the purchase. Part II will analyze whether Verizon’s lengthy certification process violates the C-Block rules or the general spirit of Verizon’s agreement to abide by the rules. Part III will then argue that, even if Verizon’s …

A Decade-Long Cry For Help Answered: The Fcc Lowers The Rates Of Interstate Prison Phones Calls, Brittni Downs

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

No abstract provided.

Procedural Architecture Matters: Innovation Policy At The Federal Communications Commission, J. Brad Bernthal

Publications

This Article examines the puzzle of whether today's Federal Communications Commission ("FCC" or the "Agency") is institutionally suited to craft telecommunications innovation policy and, if not, what changes are needed to better equip the Agency to respond to twenty-first century realities. Evaluation of FCC innovation policy performance is stubbornly difficult. Some criticize the FCC as a brake on innovation yet, under the FCC's oversight, the United States' communications industry has become an innovative engine propelling the overall economy more than ever before. It is difficult to untangle whether the FCC deserves credit for helping usher in today's communications age, whether …

Satellite Radio: An Innovative Technology's Path Through The Fcc And Into The Future, Adam Cain

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

Constitutional Law - Due Process Clause - The Due Process Clause Of The Fifth Amendment Requires Fair Notice Of What Violates Federal Indecency Standards, Jon L. Mills

UF Law Faculty Publications

Casenote regarding Fed. Commc’ns Comm’n v. Fox Television Stations, Inc., 132 S. Ct. 2307 (2012).