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Articles 1 - 30 of 82
Full-Text Articles in Communications Law
Regulatory Paralysis: The Answer To The Unanswerable Question Of Fcc Minority Ownership Policy, Christopher Terry
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
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
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
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
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
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
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
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
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.
A Public Interest Perspective On The Impact Of The Broadcasting Provisions Of The 1996 Act, Angela J. Campbell
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
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
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
Interconnection Policy And Technological Progress, Gerald W. Brock
Federal Communications Law Journal
No abstract provided.
The Law Of Unintended Consequences, Susan Ness
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
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
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
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
Politics And Telecommunications, Larry Pressler
Federal Communications Law Journal
No abstract provided.
The 1996 Telecommunications Act, Jim Robbins
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
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
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
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
'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
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
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
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
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
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
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 …