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Articles 91 - 120 of 120
Full-Text Articles in Communications Law
Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump
Reforming Fcc Regulation Of Dominant Telephone Carriers: Putting Some Teeth Into The Test For Predation, Thomas K. Gump
University of Michigan Journal of Law Reform
This Note examines the ineffective protections against predatory pricing by AT&T contained in the price cap scheme. Part I outlines price cap regulation and explains how the FCC hopes that a test based on the average variable cost standard will detect predatory pricing. Part II argues that the FCC erred in adopting an average variable cost standard as the test for telecommunications predation because that standard ignores the high fixed costs common to all firms in the industry. Part II demonstrates that AT&T could engage in predatory pricing despite the protections contained in the regulatory scheme. Part II then examines …
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Legal Responses To Commercial Transactions Employing Novel Communications Media, John Robinson Thomas
Michigan Law Review
This Note analyzes contemporary business practices and specific characteristics of the new media, and suggests a judicial response consonant with courts' approaches to the earlier technologies of telegraphy and teletype. Part I examines the effect of the Statute of Frauds and rules of authentication upon contracts formed using these media. It concludes that documents produced by telefacsimile and electronic mail systems should be considered ordinary writings. Part II considers the Best Evidence Rule and argues that telefacsimiles and electronic mail transmissions should be considered the best evidence of the contract they memorialize. Part III evaluates doctrines of liability allocation in …
An Interview With Professor Botein, Gail Johnston '94
An Interview With Professor Botein, Gail Johnston '94
Media Law and Policy
No abstract provided.
Questioning Broadcast Regulation, Jonathan Weinberg
Questioning Broadcast Regulation, Jonathan Weinberg
Michigan Law Review
A Review of Seven Dirty Words and Six Other Stories: Controlling the Content of Print and Broadcast by Matthew L. Spitzer
Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz
Federal Preemption Of Amateur Radio Antenna Height Regulation: Should The Sky Be The Limit?, Alice J. Schwartz
Cardozo Law Review
No abstract provided.
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
The Competitiveness Of The U.S. Telecommunications Industry: A New York Case Study, Michael Botein, Alan Pearce
Articles & Chapters
No abstract provided.
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
Cable Television Rights Of Way: Technology Expands The Concept Of Public Forum, Lawrence E. Spong
University of Michigan Journal of Law Reform
This Note argues that the public forum analysis is the proper standard for evaluating a cable television company's claim of access to public rights of way. Part I discusses the constitutional basis for this standard. Part II examines the ideological justifications for the public forum doctrine and argues that public rights of way are public forums for cable television purposes. In addition, it explains the application of the public forum doctrine to cable access questions and the doctrine's advantages over other standards.
Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii
Dialing For Foreign Telecommunications Market Access: Is The United States Getting A Busy Signal From Japan?, Robert E. Boone, Iii
Vanderbilt Journal of Transnational Law
Japan is one country that appears to be following United States policies. On April 1, 1985, the Japanese Government converted Nippon Telegraph and Telephone Public Corporation (NTT) from a government-run, publicly-held corporation into a private entity. Japan adopted the Electric Telecommunication Business Act in December 1984 to create an environment in which private entities can compete. The full extent to which the Japanese Government intends to open its market to non-Japanese firms remains unclear. This Note will discuss the development of Japanese telecommunications policy and the current United States tele-communications policy with respect to market access. The Note then will …
Expanding The Scarcity Rationale: The Constitutionality Of Public Access Requirements In Cable Franchise Agreements, Debora L. Osgood
Expanding The Scarcity Rationale: The Constitutionality Of Public Access Requirements In Cable Franchise Agreements, Debora L. Osgood
University of Michigan Journal of Law Reform
This Note argues that public access requirements should be upheld because they are constitutional and because they further the goals of the first amendment. As background for the debate over public access, Part I provides a brief description of cable television's history and regulation and discusses the case law concerning public access requirements. Part II examines the nature of the first amendment interests at stake in public access requirements. Before resolving the question of which interests should be protected, Part III argues that an expanded scarcity rationale should be used to justify cable regulation under the first amendment. Part IV …
New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein
New Video Technologies In The United States: Regulatory And Intellectual Property Considerations, Michael Botein
Articles & Chapters
No abstract provided.
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Private Leased Telecommunication Lines: Threats To Continued International Availabliltiy, Jill L. Martin
Michigan Journal of International Law
This article examines both actual and proposed actions by Japanese and European telecommunications authorities, known as Ministries of Post, Telephone, and Telegraph (PTTs), to restrict private leased line availability, and then explores the possibility that these actions presage the total elimination of private leased lines. It concludes that unless the United States government adopts a unified and reasonable policy opposing the escalation of regulations and restrictions, their deleterious effects will become more severe.
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Integrated Servies Digital Network: Issues And Options For The World's Future Communications Systems, A. M. Rutkowski
Michigan Journal of International Law
There has been virtually no public discussion of the significant public policy issues raised because of the intimidating nature of network engineering which forms the basis for nearly all the current dialogue. This paper discusses current ISDN developments, and sets forth an analytical framework within which these issues may be discussed.
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Restrictions On Trade In Communication And Information Services, Geza Feketekuty, Jonathan David Aronson
Michigan Journal of International Law
Section one highlights some of the changes that the revolution in information exchange is producing. It also argues that transborder data flows could help facilitate international economic adjustment. Section two analyzes the types of reasons used to justify policy measures that inhibit the integration of the world communication network or prevent information from flowing across national borders. It also discusses the implication of restrictions on transborder data flows for the world trading system and for world economic growth. The final section discusses strategies for halting the proliferation of barriers to trade in communication and information services and for reducing existing …
Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius
Steps Toward A European Agreement On Satellite Broadcasting, Frits W. Hondius
Michigan Journal of International Law
This article is a progress report, written at the beginning of 1983. It is about the unfolding of a new communications medium, satellite broadcasting, in Europe. It is very probable that by the time of publication, many new developments will have taken place. However, this analysis may still be helpful later on to allow those responsible for the development and use of this powerful new channel of communication to know what the expectations and apprehensions were in 1983. Feedback from history is indispensable to builders of the future, provided that someone is willing to commit to paper a record of …
The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt
The Space Warc: International Accommodations For Satellite Communications, Martin A. Rothblatt
Michigan Journal of International Law
Communication satellites in geostationary orbit have the marvelous ability to permit information exchange across very large distances. These satellites can accomplish this feat because they are high enough above the earth's surface to be in the "line-of-sight" of microwave transmitters and receivers many thousands of miles apart. Although communication satellites were first used to relay information between continents, by the end of the 1970s they were being used increasingly to transmit information within large countries. This more recent usage, known as "domestic satellite service," is an attractive substitute for lengthy terrestrial microwave or cable networks.
Some Conflicting Trends In Satellite Telecommunications, David M. Leive
Some Conflicting Trends In Satellite Telecommunications, David M. Leive
Michigan Journal of International Law
Two broad trends are evident today in international satellite telecommunications. The first is a trend towards greater international regulation of the natural resources involved, the radio frequency spectrum and the geostationary satellite orbit. The second is a trend towards international and regional groupings in the provision of communications services among countries. Other articles in this volume discuss various aspects of one or the other of these trends, such as the 1985/1988 Space WARC, and regional satellite developments in Europe. Consequently, no attempt is made here to analyze the two trends fully. The principal point of this paper is to analyze …
Eutelsat: Europe's Satellite Telecommunications, Simone Courteix
Eutelsat: Europe's Satellite Telecommunications, Simone Courteix
Michigan Journal of International Law
In the 1950s long distance telephone communication by wire or Herz circuit was extremely limited and usually very expensive. In 1956, the installation of the first transatlantic telephone cable, TAT 1, signaled the beginning of the present era in intercontinental telecommunications. However, it soon became apparent that underwater cables would not meet the ever-increasing demand for communications created by expanding global economic activity. At the same time, radio communications also experienced growing demand, and suffered from overcrowded frequencies. It was therefore natural that the first application of telecommunications technology in space focused on the improvement of intercontinental circuits.
The International Application Of The Second Computer Inquiry, Robert M. Frieden
The International Application Of The Second Computer Inquiry, Robert M. Frieden
Michigan Journal of International Law
This article chronicles the FCC's attempt to confront the confluence of telecommunications and data processing technologies by fashioning a regulatory scheme designed primarily for the United States. The Commission has chosen to apply this scheme, without significant qualification, internationally. Given the different objectives and structure of United States and foreign communications industries, the FCC's system cannot be transplanted abroad without prior consultation and substantial modification. After reviewing the international problems created by the Commission's application abroad of its newly developed scheme, this article concludes with recommendations for resolving these conflicts that currently threaten the well-being of carriers, customers, and international …
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
The Council Of Europe Convention Of The Oecd Guidelines On Data Protection, Jon Bing
Michigan Journal of International Law
The first international legal instruments to be adopted were two Council of Europe resolutions in 1973 and 1974, the first on "the protection of the privacy of individuals vis-A-vis electronic data banks in the private sector," 9 and the second on "the protection of the privacy of individuals vis-A-vis electronic data banks in the public sector." This article will describe and compare the rules of data protection as they emerge in the instruments. Although this will require some assessment, the main objective will be to explain and amplify.
U.S. Preparation For Itu Conferences: Warc '79, A Case Study, David B. Fenkell
U.S. Preparation For Itu Conferences: Warc '79, A Case Study, David B. Fenkell
Michigan Journal of International Law
This article traces United States preparation for international telecommunication conferences, focusing on WARC '79. First, a brief background of the ITU is presented, including the events leading to the decision to convene WARC '79. Secondly, with the aid of a recent Office of Technology Assessment (OTA) Survey, the article analyzes American preparation for the Conference. The third part considers the impact of U.S. preparation on the reservations taken at WARC '79. Finally, recent U.S. legislative actions aimed at improving U.S. preparation for international telecommunication conferences are examined.
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Direct Television Broadcasting And The Quest For Communication Equality, Howard C. Anawalt
Michigan Journal of International Law
In the immediate past modem communication means such as efficient telephone and television systems have been viewed as the luxuries of well developed economies. Rapid advances in the field of communications and computer technologies have changed this basic outlook. Now, it is possible to use these technologies as tools of economic growth in both developed and developing countries. This is primarily because cost has gone down while efficiency has gone up. A recent article concerning small computers demonstrates the point. "If the aircraft industry had developed as spectacularly as the computer industry over the past twenty-five years, a Boeing 767 …
Jamming And The Law Of International Communications, Rochelle B. Price
Jamming And The Law Of International Communications, Rochelle B. Price
Michigan Journal of International Law
The Soviet Union began to jam Western radio broadcasts to the Soviet Union in 1948. Jamming has continued to be a problem since then, though not a constant one; over the years, the level of jamming has varied in relation to East-West tensions but more particularly in consonance with internal and external crises. As the post-war international debate concerned with virtually all aspects of modem communications has evolved, jamming has become one focus of the free flow of information- national sovereignty debate. Though seldom completely effective, jamming is a sufficiently large-scale and controversial practice to warrant international attention today, as …
Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove
Major Legal Issues Arising From The Use Of The Geostationary Orbit, Stephen Gorove
Michigan Journal of International Law
The remarkable scientific and technological developments of the past three decades have resulted in the increasing use of the "geostationary orbit.” Advances in the technology of broadcasting, meteorological reconnaissance, tracking and data relay from orbital satellites, for example, have greatly enlarged its importance. The growing number of geostationary satellites and the anticipated increases in their use have evoked widespread concerns among many less-developed countries (LDCs) about the early preemption of available orbital positions by more developed nations. Attention has focused on the question of the maximum number of satellites that can be accommodated in the orbit. Although estimates have varied …
Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut
Legal Framework Of Communications Programs In The European Space Agency, W. M. Thiebaut
Michigan Journal of International Law
The establishment of the ESC gave Europe the necessary impetus to start applications programs. In 1968, the third ESC ministerial meeting at Bad Godesberg, Federal Republic of Germany, unequivocally assigned space applications to ESRO, created the Committee of Senior Officials as an advisory board, and allocated a small budget for studies on application satellites. The Committee of Senior Officials set up a working group specifically to study possible European involvement in communication satellite programs. This working group consisted not only of representatives of the ESC and the space organizations ELDO and ESRO but also of the potential users of the …
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Reciprocity In International Telecommunications Trade: A New Trade Barrier?, Sheryl Powers
Michigan Journal of International Law
To those advocating its use, reciprocity legislation is especially appropriate for the telecommunications industry. Only 5 percent of telecommunications equipment manufactured in the United States is exported for sale in other nations. Trade barriers, loyalty to domestic manufacturers and the importance of telecommunications to national defense systems have combined to restrict access to foreign markets in the telecommunications sector. To persuade other nations to increase market access in telecommunications, United States legislators added a requirement of reciprocity to two proposed bills, S.898 and H.R.5158. This note will examine these two bills, concluding that reciprocity is an inappropriate solution to United …
Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor
Current Issues In Remote Sensing, I. H. Ph. Diederiks-Verschoor
Michigan Journal of International Law
In this article certain problems surrounding Satellite remote sensing (SRS) will be addressed with particular emphasis on their legal implications. Aspects of air law as they affect remote sensing will not be discussed in any detail, nor will it be necessary to refer to the vexing problem of determining the satisfactory boundary between the airspace and outer space. This fundamental problem is still in dispute and under constant review, both in scholarly circles and in the United Nations; and the world community may consider itself fortunate that the issue has not prevented a number of important international agreements on space …
Federal And State Roles In Telecommunications: The Effects Of Deregulation, Eli M. Noam
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 …
Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.
Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Problems In The Application Of The Fairness Doctrine To Commercial Advertisements, J. Kurt Straub
Problems In The Application Of The Fairness Doctrine To Commercial Advertisements, J. Kurt Straub
Villanova Law Review (1956 - )
No abstract provided.
Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.
Federal Communications Commission V. Pacifica Foundation, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.