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Communications Law Commons™

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Federal Communications Commission

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Articles 121 - 150 of 267

Full-Text Articles in Communications Law

The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy May 2003

The Role Of The Federal Communications Commission On The Path From The Vast Wasteland To The Fertile Plain, Kathleen Q. Abernathy

Federal Communications Law Journal

No abstract provided.


Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman May 2003

Minow’S Viewers: Understanding The Response To The “Vast Wasteland” Address, James L. Baughman

Federal Communications Law Journal

No abstract provided.


Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate May 2003

Revisiting The Vast Wasteland, Newton N. Minow, Fred H. Cate

Federal Communications Law Journal

No abstract provided.


Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird May 2003

Promoting Innovation To Prevent The Internet From Becoming A Wasteland, Zoe Baird

Federal Communications Law Journal

No abstract provided.


Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner May 2003

Minow And The “Wasteland”: Time, Manner, And Place, Daniel Brenner

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” Speech Revisited, Jonathan Blake May 2003

The “Vast Wasteland” Speech Revisited, Jonathan Blake

Federal Communications Law Journal

No abstract provided.


Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere May 2003

Avast Ye Wasteland: Reflections On America’S Most Famous Exercise In “Public Interest” Piracy, Robert Corn-Revere

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps May 2003

The “Vast Wasteland” Revisited: Headed For More Of The Same?, Michael J. Copps

Federal Communications Law Journal

No abstract provided.


Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey May 2003

Electronic Oases Take Root In Mr. Minow's Vast Wasteland, Edward J. Markey

Federal Communications Law Journal

No abstract provided.


From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone May 2003

From Vast Wasteland To Electronic Garden: Responsibilities In The New Video Environment, Charles M. Firestone

Federal Communications Law Journal

No abstract provided.


Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts May 2003

Tv: A Vast Oasis Of Public Interest Programming, Edward O. Fritts

Federal Communications Law Journal

No abstract provided.


Promoting The Public Interest In The Digital Era, Henry Geller May 2003

Promoting The Public Interest In The Digital Era, Henry Geller

Federal Communications Law Journal

No abstract provided.


Forty Years Of Wandering In The Wasteland, Nicholas Johnson May 2003

Forty Years Of Wandering In The Wasteland, Nicholas Johnson

Federal Communications Law Journal

No abstract provided.


Coming Of Age In Minnesota, Jane E. Kirtley May 2003

Coming Of Age In Minnesota, Jane E. Kirtley

Federal Communications Law Journal

No abstract provided.


Manhattan, Cass R. Sunstein May 2003

Manhattan, Cass R. Sunstein

Federal Communications Law Journal

No abstract provided.


Measuring Quality Television, Russ Taylor May 2003

Measuring Quality Television, Russ Taylor

Federal Communications Law Journal

No abstract provided.


I Want My C-Span, Bruce W. Sanford May 2003

I Want My C-Span, Bruce W. Sanford

Federal Communications Law Journal

No abstract provided.


Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman May 2003

Screen-Agers . . . And The Decline Of The “Wasteland”, Elizabeth Thoman

Federal Communications Law Journal

No abstract provided.


The “Vast Wasteland” In Retrospect, Joel Rosenbloom Apr 2003

The “Vast Wasteland” In Retrospect, Joel Rosenbloom

Federal Communications Law Journal

No abstract provided.


The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon Mar 2003

The Legacy Of The Federal Communications Commission’S Computer Inquiries, Robert Cannon

Federal Communications Law Journal

The FCC and the computer industry have learned much in the 35 years since the agency first began to regulate computer networks. Safeguards were imposed on common carriers for the benefit of the networks. This Article examines the so-called Computer Inquiries and how they have repeatedly re-examined and redefined the nature of the regulatory treatment of computer networks over communications networks. The Author reviews Computer I, in which the FCC first attempted to divide the world technologically between computers that ran communications networks ("pure communications") and computers at the end of telephone lines with which people interacted ("pure data processing"). …


Adjusting The Horizontal And Vertical In Telecommunications Regulation: A Comparison Of The Traditional And A New Layered Approach, Rob Frieden Mar 2003

Adjusting The Horizontal And Vertical In Telecommunications Regulation: A Comparison Of The Traditional And A New Layered Approach, Rob Frieden

Federal Communications Law Journal

This Article assesses the viability of different vertical regulatory regimes in an increasingly convergent environment. It reviews several FCC proceedings that have generated opportunities for stakeholders to avoid regulatory parity by qualifying for reduced regulation based on service definitions. It also considers whether a horizontal regulatory approach can reduce the number of regulatory asymmetries and inconsistencies. The Author concludes that although a horizontal regulatory structure may not secure sufficient political support because of the risk of extending new burdens on previously unregulated activities, that type of structure makes better sense in a convergent, increasingly Internet-dominated marketplace and provides a more …


Access To Local Rights-Of-Way: A Rebuttal, William Malone Mar 2003

Access To Local Rights-Of-Way: A Rebuttal, William Malone

Federal Communications Law Journal

This Author rebuts the proposals and analysis regarding the impact of local rights-of-way access on competitive local exchange carriers put forth in a May 2002 FCLJ Article by Christopher Day. He argues that Day's Article lacks persuasive evidence that CLECs are harmed by lack of rights-of-way access. He states, first, that Day has misconceived the intent of the rights-of-way requirements in the Telecommunications Act of 1996 and, second, that the FCC does not have the authority to make substantive adjucative decisions that Day called for. He concludes that neither of the proposals made by Day-an amendment to the Telecommunications Act …


Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney Mar 2003

Avoiding Slim Reasoning And Shady Results: A Proposal For Indecency And Obscenity Regulation In Radio And Broadcast Television, Jacob T. Rigney

Federal Communications Law Journal

This Note explores the relevant law regarding the issue of indecency and obscenity in broadcast, with particular focus on a 2001 Policy Statement released by the FCC. The Author examines the major problems with the regulatory scheme as it now exists, and offers an alternative. The Author concludes by arguing that leaving the subjective decisions regarding indecency to market forces, leaving parents to determine what should or should not be indecent, and leaving the FCC free to pursue obscenity with greater zeal is the most appropriate course of action for the future.


From Diversity To Duplication: Mega-Mergers And The Failure Of The Marketplace Model Under The Telecommunications Act Of 1996, Anastasia Bednarski Mar 2003

From Diversity To Duplication: Mega-Mergers And The Failure Of The Marketplace Model Under The Telecommunications Act Of 1996, Anastasia Bednarski

Federal Communications Law Journal

"Mega-owners" in the radio regime became possible with the Telecommunications Act of 1996, which radically deregulated national and local radio station ownership limits that had been in existence for almost sixty years. The Act reflected Congress's firm belief that a deregulated marketplace would best serve the public interest. This Note argues that the 1996 Act is an example of excessive adherence to the marketplace model, particularly for regulating the radio industry. The Author argues that although a less extreme marketplace model has guided the FCC's regulation of radio since the early 1980s, the current incarnation of the marketplace model is …


“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, James Guest Jan 2003

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, James Guest

Richmond Journal of Law & Technology

Mr. Chairman, members of the Committee, thank you for the opportunity to be here with you today. My name is Jim Guest, and I am President of Consumers Union, the independent, non- profit publisher of Consumer Reports magazine and ConsumerReports.org, with over ve million subscribers.


Making And Keeping Regulatory Promises, Warren G. Lavey Dec 2002

Making And Keeping Regulatory Promises, Warren G. Lavey

Federal Communications Law Journal

Multiyear regulatory commitments, or their absence, are an important part of the functioning of the telecommunications services and products industries. In this Article, Warren G. Lavey argues that, under some conditions, it is both possible and beneficial for regulators to commit to a well-defined, multiyear sequence of regulatory changes. First, this Article examines several examples of how efforts for comprehensive reform fared in real multiyear implementations. It also explores how some piecemeal regulatory changes evolved into efforts for comprehensive reform based on a well-defined sequence. This Article considers the effects of multiyear regulatory promises through analysis of several regulatory actions …


Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon Dec 2002

Enhancing Competition:Are Proposed Federal Communications Commission Rules That Treat Local Exchange Carrier Access To Multiple Tenant Environments A Taking?, Kathryn Gordon

Federal Communications Law Journal

The Telecommunications Act of 1996 marked a fundamental change in the attitudes of Congress and the Federal Communications Commission toward local telephone exchange carrier policy. This change affected local exchange carriers in many ways, including their relationships with the owners of multiple tenant environments, such as office buildings and apartment complexes. Under the Act, FCC rulemaking increased competitive local exchange carriers' access to the facilities of incumbent local exchange carriers by removing competition barriers. However, owners of of multiple tenant environments can also act as barriers to local exchange carrier competition. This Note will first review the general purpose behind …


My View From The Doorstep Of Fcc Change, Kathleen Q. Abernathy Mar 2002

My View From The Doorstep Of Fcc Change, Kathleen Q. Abernathy

Federal Communications Law Journal

Commissioner Abernathy discusses the five key principles that inform her regulatory philosophy:
1) Congress sets the FCC's responsibilities in the Communications Act, and the Commission should faithfully implement those tasks rather than pursuing an independent agenda;
2) Fully functioning markets deliver better products and services to consumers as compared to markets regulated by the government. Unless structural factors prevent markets from being competitive, or Congress has established objectives (such as universal service) that are not market-based, government should be reluctant to intervene in the marketplace;
3) Where the FCC promulgates rules, it should ensure that those rules are clear and …


Detariffing And The Death Of The Filed Tariff Doctrine: Deregulating In The “Self” Interest, Charles H. Helein, Jonathan S. Marashlian, Loubna W. Haddad Mar 2002

Detariffing And The Death Of The Filed Tariff Doctrine: Deregulating In The “Self” Interest, Charles H. Helein, Jonathan S. Marashlian, Loubna W. Haddad

Federal Communications Law Journal

This Article reviews the history of the FCC's detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC's view of detariffing orders impact on the Filed Tariff Doctrine. Notwithstanding the existence of the Doctrine for nearly a century, the FCC, through detariffing, has declared the Doctrine dead. This Article formally opposes the FCC's declaration and suggests that the FCC's motivations behind detariffing have failed to consider, much less attempted to properly balance, the conflicting public interests involved. Comparing and contrasting the legal rights enjoyed by long-distance carriers under the Filed Tariff Doctrine to …


A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard Dec 2001

A Tale Of Three Cities: “Diverse And Antagonistic” Information In Situations Of Local Newspaper/Broadcast Cross-Ownership, David Pritchard

Federal Communications Law Journal

For more than half a century, a desire for "diverse and antagonistic sources" has been a fundamental principle of communications policy in the United States. Many question, however, whether current FCC policies intended to foster diversity of news and views in the content of the mass media actually do so. Nowhere is this issue raised more starkly than with respect to the Commission's controversial 1975 rule that prohibited the common ownership of a daily newspaper and a broadcast station in the same market. This Article examines the results of a study of diversity of information and viewpoints about the 2000 …