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Articles 61 - 90 of 264
Full-Text Articles in Communications Law
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Space, The Final Frontier-Expanding Fcc Regulation Of Indecent Content Onto Direct Broadcast Satellite, John C. Quale, Malcolm J. Tuesley
Federal Communications Law Journal
The vast majority of viewers today receive video programming from multichannel video programming providers-mostly cable television or direct broadcast satellite ("DBS")-rather than directly over-the-air from broadcast stations. While the FCC has not hesitated to sanction broadcasters for what it deems to be indecent content, it consistently has found that it lacks the authority to regulate indecency on subscription services like cable television. Citizens groups and some in Congress now seek to extend indecency restrictions to DBS services under existing law or through the enactment of new legislation. It is true that DBS, because of its use of radio spectrum to …
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
In The Dark: A Consumer Perspective On Fcc Broadcast Indecency Denials, Genelle I. Belmas, Gail D. Love, Brian C. Foy
Federal Communications Law Journal
Indecency regulation has been a hot political and social topic since Janet Jackson revealed her breast during the 2004 Super Bowl halftime show. The number of indecency complaints the FCC receives each year continues to rise. Moreover, to further complicate matters, in 2007 the Second Circuit overturned the FCC policy that so-called "fleeting expletives" would be considered indecent. However, there has been no systematic review of the complaints from the perspective of the complainant. How has the FCC managed its increasing indecency complaint load, and what does it tell consumers who have taken the time to write formal complaints about …
Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips
Summing Up The Public Interest: A Review Of "Media Diversity And Localism: Meaning And Metrics," Edited By Philip M. Napoli, Victoria F. Phillips
Federal Communications Law Journal
Philip Napoli's Media Diversity and Localism: Meaning and Metrics, is a thoughtful and first of its kind compilation of some of the ongoing research and scholarship examining the concepts of diversity and localism underlying the Federal Communications Commission's public interest standard in broadcasting. The collection of essays addresses these fundamental goals from a variety of disciplines beyond the law, including political science, communications policy, sociology, and economics. The essays explore the values associated with these two goals, apply performance metrics to assess existing regulatory policies intended to preserve and promote these goals, and reflect on their meaning in the new …
Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho
Deal Or No Deal: Reinterpreting The Fcc's Foreign Ownership Rules For A Fair Game, Cindy J. Cho
Federal Communications Law Journal
With the changing racial and linguistic composition of the American market and the emerging strength of the Mexican market, American broadcast companies are facing a new competitive playing field.. Section 310 of the Communications Act of 1934 ("Act") establishes the guidelines for when a foreign national is eligible to apply for a broadcast license from the FCC. The FCC currently interprets these limits on foreign ownership very leniently, favoring a policy of deregulation in an attempt to further open up the United States market. This Note argues that once foreign nationals have cleared the hurdle of § 310's foreign ownership …
Necessary Knowledge For Communications Policy: Information Asymmetries And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
Necessary Knowledge For Communications Policy: Information Asymmetries And Commercial Data Access And Usage In The Policymaking Process, Philip M. Napoli, Michelle Seaton
Federal Communications Law Journal
Communications policymaking increasingly relies upon research derived from large-scale databases manufactured and marketed by commercial organizations. One byproduct of this situation is that substantial inequalities in access to these data arise. These information asymmetries can result in research that fails to reflect the policy considerations of the full range of interested stakeholders. This Article explores these issues via a case study of the FCC's 2003 media ownership proceeding and offers suggestions for how existing disparities in access to policy-relevant data might be addressed.
The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones
The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones
The Modern American
No abstract provided.
Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter
Preventing A Modern Panopticon: Law Enforcement Acquisition Of Real-Time Cellular Tracking Data, Steven B. Toeniskoetter
Richmond Journal of Law & Technology
Nineteenth Century philosopher Jeremy Bentham designed a prison system known as the Panopticon which was arranged in such a way that a single guard could, at any given time, view the activities and whereabouts of any particular prisoner. Bentham designed the prison in such a way that the prisoners could never tell whether they were being watched. Twentieth Century French philosopher Michel Foucault further considered use of the Panopticon as a means of societal control through fear in his seminal book Discipline and Punish: The Birth of the Prison.
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
A Decent Proposal: The Constitutionality Of Indecency Regulation On Cable And Direct Broadcast Satellite Services, Matthew S. Schwartz
Richmond Journal of Law & Technology
Little Timmy’s parents both work late, and he often finds himself sitting alone in front of the television after school. He doesn’t know the difference between “broadcast,” “cable,” or “direct broadcast satellite,” but he does know how to work the remote control. One day, as he is clicking through the channels – 2, 4, 7, 93, 128, they’re all the same to him – he comes across a provocative scene. What are those two people doing? he wonders with wide eyes. And where are most of their clothes? At that moment, Timmy’s father walks in and is shocked by the …
Regulation Of Municipal Wi-Fi, Michael Botein
Regulation Of Municipal Wi-Fi, Michael Botein
Articles & Chapters
No abstract provided.
From At&T To Brand X Declining Checks And Balances In An Increasingly Complex Marketplace, Ross G. Hicks
From At&T To Brand X Declining Checks And Balances In An Increasingly Complex Marketplace, Ross G. Hicks
The University of New Hampshire Law Review
When President Clinton signed the Telecommunications Act of 1996, he used the same pen that President Eisenhower used to sign legislation for the Interstate Highway system into law. It was a fitting analogy. In the same way that the interstate road system was expected to open up interstate commerce, the Internet system was expected to open up electronic commerce. In signing the 1996 legislation into law, President Clinton and Congress were updating the regulatory and legislative framework to adapt it to the new realities and opportunities provided by the Internet. The legislation noted that broadband access to the Internet was …
The Information Quality Act: The Little Statute That Could (Or Couldn't?) Applying The Safe Drinking Water Act Amendments Of 1996 To The Federal Communications Commission, Kellen Ressmeyer
Federal Communications Law Journal
In December 2000, Congress passed the Information Quality Act - a two sentence rider to a 712-page Appropriations Bill. The Information Quality Act, which seeks to ensure the quality of government-disseminated information, places the White House Office of Management and Budget in a supervisory role. The Office of Management and Budget subsequently finalized a set of mandatory Guidelines applicable to all federal agencies. Among other things, the Guidelines require adherence to the scientific standard articulated in the 1996 Amendments to the Safe Drinking Water Act where such agencies engage in risk analysis to human health, safety, and the environment. As …
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.
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.
Interconnection Policy And Technological Progress, Gerald W. Brock
Interconnection Policy And Technological Progress, Gerald W. Brock
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.
Open Video Systems: Too Much Regulation Too Late?, Micha Botein
Open Video Systems: Too Much Regulation Too Late?, Micha Botein
Federal Communications Law Journal
No abstract provided.
Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey
Responses By The Federal Communications Commission To Worldcom's Accounting Fraud, Warren G. Lavey
Federal Communications Law Journal
WorldCom's disclosure of billions of dollars of financial fraud on June 25, 2002 challenged the Federal Communications Commission ("FCC") in several major ways. The FCC proclaimed its commitment to enforce its rules to protect consumers against service discontinuance as well as the priority of rooting out corporate fraud. The FCC's rules required WorldCom to file accurate financial information and to show that it had financial and character qualifications necessary to hold FCC licenses. Despite numerous related proceedings and other actions in 2001 and early 2002, the FCC had not detected nor deterred WorldCom's fraud. After the disclosure, WorldCom continued its …
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Brand X And The Wireline Broadband Report And Order: The Beginning Of The End Of The Distinction Between Title I And Title Ii Services, J. Steven Rich
Federal Communications Law Journal
This Article traces the development of the FCC's distinction between "telecommunications services" subject to common carrier services under Title II of the 1934 Communications Act and "information services" regulated under Title I of the Act from the Computer Inquiry line of cases through the Brand X decision and recent Wireline Broadband Report and Order. The Author pays particular attention to the Brand X decision and the FCC's Wireline Broadband Order and its implications, suggesting that the Order may be subject to reversal when it is challenged in court and proposing how the Commission might react to a reversal. The Author …
Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor
Rethinking Reform Of The Fcc: A Reply To Randolph May, Russ Taylor
Federal Communications Law Journal
This brief Article responds to Randolph May's article, Recent Developments in Administrative Law-The FCC's Tumultuous Year in 2003: An Essay on an Opportunity for Institutional Agency Reform, 56 Admin. L. Rev. 1307 (2004). Taylor disputes May's anecdotal evidence that the FCC's poor handling of the Triennial Review and the media ownership proceedings are symptomatic of a broad agency inefficiency that should be remedied by drastically cutting the size of the FCC and placing it under the exclusive control of the executive branch to ensure electoral accountability. Taylor argues that while these suggestions may have value, such a rush to action …
Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey
Rethinking Regulation Of Advertising Aimed At Children, William A. Ramsey
Federal Communications Law Journal
In 1990, Congress passed the Children's Television Act ("CTA"), which directed the FCC to establish standards for broadcasters regarding the amount of children's programming aired and to enforce limits on the amount of commercial time aired during children's programming. The limits are meant to protect children from various harms caused by advertising aimed at children. This Note examines the constitutionality and the effectiveness of these commercial limits. The Note concludes that while the CTA's commercial limits are probably constitutional under the Court's test for regulations of commercial speech, the limits do not provide children with adequate protection from the harms …
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
A Model For Emergency Service Of Voip Certification And Labeling, Tom Lookabaugh, Patrick S. Ryan, Douglas C. Sicker
A Model For Emergency Service Of Voip Certification And Labeling, Tom Lookabaugh, Patrick S. Ryan, Douglas C. Sicker
Federal Communications Law Journal
The diffusion of VoIP technology promises revolutionary changes to a century old model of voice telephony. Though these changes bring extraordinary opportunities, they also bring challenging policy implications for businesses and regulators. In this Article, the Authors examine the technical difficulties of providing the same quality and dependability of emergency services in VoIP based telephony as consumers have come to expect from PSTN-based telephone networks. Given the technical complexity and heterogeneity of VolP, the Authors propose industry self-regulation through an advanced certification framework as a more effective alternative to direct government regulation. After surveying a number of successful self-regulatory regimes, …
Why Stovepipe Regulation No Longer Works: An Essay On The Need For A New Market-Oriented Communications Policy, Randolph J. May
Why Stovepipe Regulation No Longer Works: An Essay On The Need For A New Market-Oriented Communications Policy, Randolph J. May
Federal Communications Law Journal
In the ten years since the 1996 Telecommunications Act, the telecommunications industry has undergone profound technological and marketplace changes. May argues that the "techno-functional constructs" of the statute regulate services based on increasingly obsolete definitions. This Article argues that those changes have undermined the "stovepipe" regulatory scheme of the 1996 Act. In an increasingly diverse and competitive marketplace, the "stovepipe" model of regulation should be left in the dustbin of history. Instead, May argues that a new market-oriented regulatory regime focusing on consumer welfare through the application of antitrust principles should form the basis of a new regulatory model.
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Communications Policy For 2006 And Beyond, Reed H. Hundt, Gregory L. Rosston
Federal Communications Law Journal
In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property …
Open Video Systems: Too Much Regulation Too Late?, Michael Botein
Open Video Systems: Too Much Regulation Too Late?, Michael Botein
Articles & Chapters
No abstract provided.
Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie
Imposing Geographical “Locateability” For Voice Over Internet Protocol, Andrea W.M. Louie
NYLS Law Review
No abstract provided.
Regulation Of Municipal Wi-Fi, Michael Botein
"Did You Want Fries With That?" The Unanswered Question Of Federal Product Placement Regulation, Raghu Seshadri
"Did You Want Fries With That?" The Unanswered Question Of Federal Product Placement Regulation, Raghu Seshadri
Vanderbilt Journal of Entertainment & Technology Law
This note argues that the structure of existing FCC and FTC regulatory regimes is not effective in addressing challenges posed by certain types of product placement. Thus, a specific disclosure requirement targeting non-visual product placement is needed. Part I presents an overview of the existing federal regulatory structure governing product placement, and the current arguments for and against affirmative disclosure requirements. Parts II and III identify the various categories of product placement and argue that non-visual placement presents unique challenges that are absent in other categories of product placement. Finally, Part IV argues that the current regulatory regime is insufficient, …