Communications Law Commons^™

Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson

All Faculty Scholarship

On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.

Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …

Deregulation Of Broadcasting In The United States: Quo Vadimus., Erwin Krasnow, Michael Botein

Articles & Chapters

No abstract provided.

Misrepresentation And The Fcc, Brian C. Murchison

Scholarly Articles

None available.

The Deregulation Of Commercial Television, Heidi R. Young

Fordham Urban Law Journal

In August 1984, the Federal Communications Commission released the Report and Order in the Matter of the Revision of Programming and Commercialization Policies, Ascertainment Requirements, and Program Log Requirements for Commercial Television Stations, affecting the FCC regulations concerning programming policies, ascertainment requirements, program logging rules and commercialization policies. This Note analyzes these regulatory changes from this Report and Order according the following structure: first, a historical exposition of radio and television regulation in general and of the areas affected by the deregulation in particular; second, an assessment of the changes in the context of the modern television marketplace; and third, …

Introduction [Comments]: From First Amendment Rights And The Cable Television Industry, Michael Botein

Articles & Chapters

No abstract provided.

Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler

University of Richmond Law Review

The Supreme Court of the United States recently stunned the cable television industry with its decision in Capital Cities Cable, Inc. v. Crisp. The immediate result of the ruling was to preempt a state statute prohibiting the advertisement of certain alcoholic beverages; however, the decision's potential impact could be much broader. The Court unanimously held cable television regulation to be the "exclusive domain" of the Federal Communications Commission (FCC) and an "area that the Commission has explicitly pre-empted." Thus, the decision extends broad regulatory authority to the FCC at the expense of local control.

Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam

Vanderbilt Law Review

During the past decade, federal telecommunications regulatory policy has changed its focus from a goal of universally available and affordable residential service to one of economic efficiency. In changing its regulatory focus, the federal government has indirectly deprived the states of the means to accomplish their goal, which remains one of insuring universally available and affordable residential service. In his Article Professor Noam examines the evolution of the traditional federal-state coregulatory system, contrasts the emerging federal regulatory approach with the states' policies, and discusses the reasons for federal predominance in telecommunications regulation.He argues that the reorientation in federal regulatory policy …

The Fairness Doctrine: Fair To Whom, Loretta T. Menkes

Cleveland State Law Review

This Note contends that the fairness doctrine, as presently applied, fails to meet its legislative purpose and violates constitutionally protected rights. This Note will examine the standards and policies established by the FCC as judicially approved in Red Lion Broadcasting, Inc. v. FCC and American Sec. Council Educ. Foundation v. FCC. Practical application of these standards and policies will be explored in three categories: 1) controversial issue programming; 2) commercial advertisements; and 3) political messages. Finally, a solution to the arbitrary and discriminatory application of this amorphous doctrine will be suggested.

Federal Communications Commission V. National Citizen's Committee For Broadcasting: The Ultimate Media Hype, Raymond L. Yasser

Kentucky Law Journal

No abstract provided.

Legal Restrictions On Ownership Of The Mass Media, Michael Botein

Books

No abstract provided.

The Fairness Doctrine And Access To Reply To Product Commercials, Susan T. Edlavitch

Indiana Law Journal

No abstract provided.

Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca

Fordham Urban Law Journal

This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …

The Constitutional Considerations Of Multiple Media Ownership Regulation By The Federal Communications Commission, Jon L. Mills, John Moynahan, Richard Perlini, George Mcclure

UF Law Faculty Publications

Promoting the dissemination of diverse ideas with a minimum of governmental interference is the goal of the first amendment in protecting free press and free media. This goal is implicit in the public interest mandate of the Communications Act of 1934. A precise balance between restraint and diversity in first amendment policy appears impossible, but the process of decision should reflect both, with deference to restraint where possible. The Federal Communication Commission's Order in Docket 18110 failed to strike such a balance; any future action regarding cross-ownership of broadcast stations by newspapers would benefit by an increased recognition of the …

Citizen Participation In The Regulation Of Cable Television, Michael Botein

Articles & Chapters

No abstract provided.

Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney

University of Richmond Law Review

On Thursday, September 20, 1973, from 9:00 p.m. to 11:15 p.m., the Columbia Broadcasting System presented "Bonnie and Clyde," a film featuring extraordinary portrayals of violence, including close-ups of participants being shot in the face. This movie was scheduled by CBS to counteract the highly publicized tennis match between Bobby Riggs and Billie Jean King being shown by the American Broadcasting Company. The following Saturday, during prime time, ABC aired "Rosemary's Baby," a horror film involving the possession of a pregnant woman by Mephistopheles leading to the birth of a devil. This program followed the children-oriented "Patridge Family" show. While …

The Fcc’S Restrictions On Employee’S Publications: A Failure Of Communication., Michael Botein

Articles & Chapters

No abstract provided.

Clearing The Airwaves For Access, Michael Botein

Articles & Chapters

While the courts and the government grapple with the concepts and consequences of access, activist citizens press broadcasters to open the airwaves. In the resulting legal tangle, the effective means of securing access are essentially extralegal, while the legal means are essentially ineffective.

Access To Cable Television, Michael Botein

Articles & Chapters

No abstract provided.

Comparative Broadcast Licensing Procedures And The Role Of Law: A Fuller Investigation, Michael Botein

Articles & Chapters

Professor Botein examines the validity of Professor Fullers widely read but seldom criticized theory that traditional administrative adjudication is unsuited to resolve certain kinds of social task, which Fuller has labeled "polycentric problems." Professor Botein focuses upon Professor Fuller's example of the FCC's comparative licensing procedure as a poblem unsuited to adjudication. Taking as his starting point Professor Fullers criticism of the FCC- a criticism Fuller never tested against the Commission's actual operations-Professor Botein examines Fuller's theory of polycentricity by analyzing its contentsJ applying it to concrete situations) and exploring whether there exists any alternatives better than the Commission's present …

The Fcc’S Proposed Catv Regulations, Michael Botein

Articles & Chapters

No abstract provided.

How To Talk Back To Your Television Set, Michael Botein

Articles & Chapters

No abstract provided.

The Federal Communications Commission And The Bell System: Abdication Of Regulatory Responsibility, Gerald F. George

Indiana Law Journal

No abstract provided.

Federal Communications Commission's Fairness Regulations A First Steptowards Creation Of A Right Of Access To The Mass Media, Michael Botein

Articles & Chapters

No abstract provided.

The Fcc And Equal Time: Never-Neverland, Richard G. Singer

Maryland Law Review

No abstract provided.