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Telecommunications Act of 1996

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Full-Text Articles in Communications Law

Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy, Christopher Terry Apr 2023

Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy, Christopher Terry

Michigan Technology Law Review

For five decades, the Federal Communications Commission (FCC) has struggled to implement policies that promote minority ownership of broadcast stations. Four “Prometheus” decisions from the Third Circuit span a seventeen-year legal impasse that highlighted the agency’s shortcomings on effective minority ownership policies. Now, after the Supreme Court’s 2021 decision in FCC v. Prometheus Radio Project, the FCC is required to relaunch its media ownership policy in 2022. This paper explores how the FCC has interpreted diversity in media ownership policymaking by examining a range of diversity policies and assessment methodologies particularly regarding minority ownership. The paper then presents data from …


Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn Oct 2015

Network Neutrality And The First Amendment, Andrew Patrick, Eric Scharphorn

Michigan Telecommunications & Technology Law Review

The First Amendment reflects the conviction that the widest possible dissemination of information from diverse and antagonistic sources is essential to public welfare. Like the printing press, the Internet has dramatically transformed the marketplace of ideas by providing unprecedented opportunities for individuals to communicate. Though its growth continues to be phenomenal, broadband service providers— acting as Internet gatekeepers—have developed the ability to discriminate against specific content and applications. First, these gatekeepers intercept and inspect data transferred over public networks, then selectively block or slow it. This practice has the potential to stifle the Internet’s value as a speech platform by …


De-Regulation As The New Regulation: Telecom's Philosophy Turnabout And The Story Of A Forward-Looking Formula That Brought Back Competition , Christia Crocker Apr 2013

De-Regulation As The New Regulation: Telecom's Philosophy Turnabout And The Story Of A Forward-Looking Formula That Brought Back Competition , Christia Crocker

Journal of the National Association of Administrative Law Judiciary

No abstract provided.


The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones Jan 2007

The Discriminatory Effects Of Protecting America's Children , Jennifer E. Jones

The Modern American

No abstract provided.


From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami Jan 2007

From Habermas To "Get Rich Or Die Tryin": Hip Hop, The Telecommunications Act Of 1996, And The Black Public Sphere, Akilah N. Folami

Michigan Journal of Race and Law

This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First Amendment, this Article's approach is unique in that it is the first to explore such concepts through the lenses of Habermas' ideal public sphere and those of his critics. While many have written gangsta rap off as being commercially co-opted or useless given its …


The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra Jun 2006

The Failure Of Competition Under The 1996 Telecommunications Act, Gene Kimmelman, Mark Cooper, Magda Herra

Federal Communications Law Journal

No abstract provided.


Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman Jun 2006

Endangered Species, Lassoes, And Unmet Promises, Kathleen Wallman

Federal Communications Law Journal

No abstract provided.


Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman Jun 2006

Looking Backwards And Looking Forwards In Contemplating The Next Rewrite Of The Communications Act, Johannes M. Bauer, Steven S. Wildman

Federal Communications Law Journal

No abstract provided.


Ten Years Under The 1996 Telecommunications Act, Reed Hundt Jun 2006

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 Jun 2006

The 1996 Telecommunications Act: Ten Years Later, Pat Aufderheide

Federal Communications Law Journal

No abstract provided.


A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell Jun 2006

A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell

Federal Communications Law Journal

No abstract provided.


Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett Jun 2006

Rivalrous Telecommunications Networks With And Without Mandatory Sharing, Thomas W. Hazlett

Federal Communications Law Journal

No abstract provided.


No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert Jun 2006

No Sight Like Hindsight: The 1996 Act And The View Ten Years Later, Donna N. Lampert

Federal Communications Law Journal

No abstract provided.


Interconnection Policy And Technological Progress, Gerald W. Brock Jun 2006

Interconnection Policy And Technological Progress, Gerald W. Brock

Federal Communications Law Journal

No abstract provided.


The Law Of Unintended Consequences, Susan Ness Jun 2006

The Law Of Unintended Consequences, Susan Ness

Federal Communications Law Journal

No abstract provided.


Deregulation And Market Concentration: An Analysis Of Post- 1996 Consolidations, Eli M. Noam Jun 2006

Deregulation And Market Concentration: An Analysis Of Post- 1996 Consolidations, Eli M. Noam

Federal Communications Law Journal

No abstract provided.


Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon Jun 2006

Swallows, Sausages, And The 1996 Act, Daniel B. Phythyon

Federal Communications Law Journal

No abstract provided.


The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts Jun 2006

The Greatest Story Never Told: How The 1996 Telecommunications Act Helped To Transform Cable's Future, Brian L. Roberts

Federal Communications Law Journal

No abstract provided.


Politics And Telecommunications, Larry Pressler Jun 2006

Politics And Telecommunications, Larry Pressler

Federal Communications Law Journal

No abstract provided.


The 1996 Telecommunications Act, Jim Robbins Jun 2006

The 1996 Telecommunications Act, Jim Robbins

Federal Communications Law Journal

No abstract provided.


Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai Jun 2006

Section 202(H) Of The Telecommunications Act Of 1996: Beware Of Intended Consequences, Andrew Jay Schwartzman, Harold Feld, Parul Desai

Federal Communications Law Journal

No abstract provided.


Are You Better Off Today Than You Were Ten Years Ago? Residential Consumers And Telecommunications Reform, Samuel A. Simon Jun 2006

Are You Better Off Today Than You Were Ten Years Ago? Residential Consumers And Telecommunications Reform, Samuel A. Simon

Federal Communications Law Journal

No abstract provided.


Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling Jun 2006

Transformation: The 1996 Act Reshapes Radio, Christopher H. Sterling

Federal Communications Law Journal

No abstract provided.


'Wi-Fi'ght Them When You Can Join Them? How The Philadelphia Compromise May Have Saved Municipally-Owned Telecommunications Services, Adam Christensen Jun 2006

'Wi-Fi'ght Them When You Can Join Them? How The Philadelphia Compromise May Have Saved Municipally-Owned Telecommunications Services, Adam Christensen

Federal Communications Law Journal

When the Mayor of Philadelphia announced his plan to provide municipally sponsored Wi-Fi Internet access, Verizon, the incumbent telecommunications service provider organized lobbyists to block the plan. The compromise eventually struck between Pennsylvania municipalities and Verizon, which allows municipalities to offer telecommunications services after giving Verizon a right of first refusal has resulted in a certain degree of uncertainty in the future of municipally sponsored Internet access. This Note examines this compromise and argues that it represents an optimistic future for municipally sponsored telecommunications services. The Note first discusses the history of Wi-Fi technology and the development of the law …


Private Eyes Are Watching You: With The Implementation Of The E-911 Mandate, Who Will Watch Every Move You Make?, Geoffrey D. Smith Jun 2006

Private Eyes Are Watching You: With The Implementation Of The E-911 Mandate, Who Will Watch Every Move You Make?, Geoffrey D. Smith

Federal Communications Law Journal

The FCC's E-911 mandate, which will ensure that emergency operators automatically receive a caller's location information, should help save lives. However, privacy advocates have expressed concern over the potential for wireless carriers, the government, and third parties to collect and store personal information. Congress has addressed these concerns with legislation, but privacy advocates still worry that consumers are not adequately protected. This Note addresses this concern and argues that in order to ensure consumer protection, additions are needed to section 222 of the Telecommunications Act of 1996. The Note discusses the importance of individual privacy and balances it against the …


The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger Feb 2004

The Uhf Discount: Shortchanging The Public Interest, Cecilia Rothenberger

American University Law Review

No abstract provided.


Telric Vs. Universal Service: A Takings Violation?, Stuart Buck Dec 2003

Telric Vs. Universal Service: A Takings Violation?, Stuart Buck

Federal Communications Law Journal

While the Telecommunications Act of 1996 has had a profound positive impact on many sectors of the communications industry in the United States, local phone companies have recently faced a serious dilemma under a provision of the Act known as TELRIC. In this article, Stuart Buck presents a current analysis of the position of the telephone company and its struggle to meet costs under the TELRIC structure. The author argues that by forcing regional phone operators to grant wholesale pricing to competitors under TELRIC, while simultaneously maintaining Universal Service requirements of reduced-rate phone access to remote customers, the local phone …


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 …


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 …


An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver May 2002

An Efficiency Analysis Of Contracts For The Provision Of Telephone Services To Prisons, Justin Carver

Federal Communications Law Journal

As the numbers of prisons and prisoners continue to increase, so does the market for prison services. One of the more lucrative segments of this industry is the telephone market. To the extent that the services are provided to the prisoners, the relationship resembles a third party beneficiary contract, but due to the perverse financial incentives and the political climate surrounding prisons and prisoners, neither the state nor the private entity acts in the best interests of the consumers in particular or of society in general. This Article will analyze the efficiency of these contracts, introduce alternate arrangements, and compare …