Communications Law Commons^™

The Fcc's Regulation Of The New Video Media : Backing And Filling On The Level Playing Field, Michael Botein

Books

No abstract provided.

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

Articles & Chapters

No abstract provided.

Judicial Review Of Fcc Action, Michael Botein

Articles & Chapters

No abstract provided.

Censorship By Media Elites Will Ultimately Threaten The Republic, Michael E. Bailey

Federal Communications Law Journal

No abstract provided.

The Challenge Of Choice, Richard E. Wiley

Federal Communications Law Journal

No abstract provided.

Deregulating The Second Republic, Andrew C. Barrett

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.

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.

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.

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.

A Call For Collaboration, Michael J. Zpevak

Federal Communications Law Journal

No abstract provided.

Fcc Plus Sixty, Larry King

Federal Communications Law Journal

No abstract provided.

On The Sixtieth Anniversary Of The Communications Act Of 1934, Joel Rosenbloom

Federal Communications Law Journal

No abstract provided.

Commentary On Adrian Cronauer's "The Fairness Doctrine", Robert P. Rhodes

Federal Communications Law Journal

Symposium: The Transformation of Television News

The Fairness Doctrine: A Solution In Search Of A Problem, Adrian Cronauer

Federal Communications Law Journal

The "Fairness Doctrine" refers to a former policy of the Federal Communications Commission wherein a broadcast station which presented one viewpoint on a controversial public issue had to afford the opposing viewpoint an opportunity to be heard. The FCC ceased to enforce the doctrine in 1987, reasoning that the doctrine actually decreased the viewpoints heard by discouraging broadcasters from covering controversial issues out of fear of censure by the FCC. The Author explores the historical development of the Fairness Doctrine and examines the flaws with the different rationales upon which the doctrine is based. The Autho concludes that today's marketplace …

Public Access: Fortifying The Electronic Soapbox, Jason Roberts

Federal Communications Law Journal

Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …

Preemption Of Local Regulation Of Radio Antennas: A Post- Deerfield Policy For The Fcc, James R. Hobson, Jeffrey O. Moreno

Federal Communications Law Journal

The proliferation of novel radio delivery systems has resulted in the construction of new forms of radio antennas. Many localities have placed restrictions on the size and/or placement of these antennas, significantly hindering or blocking signal reception. Because the FCC has adopted rules that only partially preempt local regulations, municipalities have enacted laws restricting the use of home satellite dishes. A recent challenge to one such regulation resulted in a Second Circuit decision limiting the scope of FCC review of local regulations. The Authors suggest that the FCC need not take extreme measures such as total preemption or national zoning …

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

Spectrum Auctions Of Personal Communications Services (Pcs): Protecting Small Business Concerns, Andrea L. Johnson

Media Law and Policy

No abstract provided.

The First Amendment And Fcc Rule Making Under The 1992 Cable Act, Michael I. Meyerson

All Faculty Scholarship

This Article explores the First Amendment implications of the Federal Communication Commission's (FCC) regulations issued under the Cable Television Consumer Protection and Competition Act of 19921 (1992 Cable Act). The 1992 Cable Act imposes numerous requirements that are beyond the scope of this Article. This Article analyzes only the FCC's exercise of rule making discretion under the 1992 Cable Act.

Additionally, it must be remembered that an under-staffed FCC was given an enormous amount of work to do within fixed time limits. Therefore, it must be expected that the rulemaking would be vulnerable to second-guessing. Nonetheless, whenever a governmental entity …

Communications Policy Making, Competition, And The Public Interest: The New Dialogue, Fred H. Cate

Indiana Law Journal

No abstract provided.

Regulation Of Fiberoptic Integrated Broadband Networks: Common Carriage, Ownership And Rates, Michael Botein

Articles & Chapters

No abstract provided.

The Fcc's Regulation Of Broadcast Indecency: A Broadened Approach For Removing Immorality From The Airwaves, Jay A. Gayoso

University of Miami Law Review

No abstract provided.

The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring

University of Richmond Law Review

The Cable Communications Policy Act of 1984 (the "Cable Act") was a comprehensive amendment to the Communications Act of 1934. The Cable Act established the national policy for the regulation of the cable television industry. The focus of the Cable Act and the administrative rules implementing the act has been on the relationship between franchising municipal authorities and cable television operators. Congress addressed some consumer issues in the Cable Act such as subscriber privacy, commercial access channels, and public, educational, and governmental ("PEG") channels.

Cable Traffic And The First Amendment Must-Carry Under A Diversity Approach And Antitrust As Possible Alternative, Bruno Vandermeulen

LLM Theses and Essays

Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of …