Communications Law Commons^™

Fcc Reform: Governing Requires A New Standard, William H. Read, Ronald Alan Weiner

Federal Communications Law Journal

Perhaps one of the most crucial questions legislators need to address after passing the 1996 Act is the reform of the Federal Communications Commission. Some suggest that the Commission should be abolished altogether, while others recommend merely curtailing some of the Commission's responsibilities. However, true reform of the FCC recognizes that the Commission still has a vital role to play in the shaping of the telecommunications industry. Instead of dismantling the FCC altogether, Congress should redefine the public interest standard under which the FCC operates. The 1934 Communications Act charged the Federal Communications Commission with protecting "the public interest." While …

Understanding The Telecommunications Act Of 1996, Christopher H. Sterling

Federal Communications Law Journal

Books Reviewed:

Guidebook to the Telecommunications Act of 1996; by Charles D. Ferris, Frank W. Lloyd, and Howard J. Symons; Matthew Bender & Co., Inc. (1996); 298 pages

The Telecommunications Act of 1996: Special Report; by Peter W. Huber, Michael K. Kellogg, and John Thorne; Little, Brown & Co. (1996); 428 pages

Telecommunications Act Handbook: A Complete Reference For Business; by Leon T. Knauer, Ronald K. Machtley, and Thomas M. Lynch; Government Institutes (1996); 620 pages

Legal Guide to Broadcast Law and Regulation; by the National Association of Broadcasters (5th ed. 1996); 700 pages

The Telecommunications Act of 1996: What …

Editor's Note, Randall W. Sifers

Federal Communications Law Journal

No abstract provided.

Ideas Of The Marketplace: A Guide To The 1996 Telecommunications Act, Michael I. Meyerson

Federal Communications Law Journal

The 1996 Telecommunications Act has forever transformed the regulatory landscape. The Act contemplates the creation of competition across the full telecommunications field, even in areas such as local telephone service and cable television service that had previously been monopoly controlled. The main combatants in this new marketplace will tend to be even larger companies than those currently dominating the scene. There are numerous dangers, however, that will have to be averted in order for the Act to be successful. The first is that existing monopolies, such as the BOCs and cable operators, will leverage their current power either to gain …

Antitrust And Communications: Changes After The Telecommunications Act Of 1996, Douglas B. Mcfadden

Federal Communications Law Journal

The 1996 Telecommunications Act is a return to competition in telephony which existed at the beginning of the century. The enactment of the '96 Act will significantly change the application of the antitrust laws to communications activities. Prior to the enactment of the '96 Act, telecommunications companies were somewhat immunized from full application of the antitrust laws regarding mergers and acquisitions because of regulation by the Federal Communications Commission and the state public utility commissions. Now, telephone companies will be fully subject to antitrust scrutiny under three schemes: the Clayton Act, the Hart-Scott- Rodino Act, and the FCC public interest …

The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon

Richmond Journal of Law & Technology

On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …

How Have The Procedural Aspects Of The Telecommunications Act Of 1996 Worked?, Clinton Miller, Charles H. Carrathers Iii, Michael Schwarzwalder, Rod Johnson, Jill Butler

Richmond Journal of Law & Technology

Good morning. I am Clinton Miller. I'm one of the three members of the Virginia State Corporation Commission and charged with moderating this next panel. I will give you a brief overview before they begin because there may be some people in the room who are not deeply familiar with the procedural aspects of the Telecommunication Act of 1996.

Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade

Richmond Journal of Law & Technology

Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.

Local Franchising: What Role Will Localities Play In The Regulations Of The Telecommunications Industry? Will They Become Providers Of Telecommunications Service To The Public?, Anthony Gambardella, Dana G. Coltrin, Timothy M. Kaine, David W. Ogburn Jr.

Richmond Journal of Law & Technology

Good morning, everybody. I am Tony Gambardella with the firm of Woods, Rogers & Hazelgrove in Richmond--formerly with the State Corporation Commission. We started yesterday's discussion with the promise of the Telecommunications Act of 1996. The main promise was, as of February 8, 1996, Congress had deregulated the telecommunications industry. The problem with the promise is that Congress retained some regulation within the industry. We have regulation at the federal level. We have a huge state role and this morning we are going to add another level--local government. Local governments have a role under the Act. There is some dispute …

Creating Local Competition, Joseph Farrell

Federal Communications Law Journal

The Telecommunications Act mandates the opening of local telephone markets to competition. The transition from a noncompetitive market to a competitive market promises to be a difficult journey with many pitfalls to be avoided. This speech expounds upon some of the economic principles that must guide the FCC in implementing the transition, particularly discussing the problem of achieving the goal of universal service in a competitive environment.

This speech was originally presented May 15, 1996 before an open audience at the Federal Communications Commission.

Editor's Note, Randall W. Sifers

Federal Communications Law Journal

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Federal Communications Law Journal

The author discusses the primary motivating factors behind the 1996 Telecommunications Act, examines how these factors influenced the final law, and critiques the Act by examining whether it is likely to advance public interest goals. Congress designed the Act to address two problems: "technological convergence" and "legal balkanization." The Act attempts to remedy these problems by: (1) tearing down entry barriers so that legal balkanization no longer stands in the path of technological convergence; (2) changing the mandate of the FCC from deciding who should enter the market to monitoring the conditions under which entry takes place in order to …

The Telecommunications A Ct Of 1996 And Cable Rate Regulation, Matthew C. Bracco

Media Law and Policy

No abstract provided.

Ovs: A Pla Tform Worth Investing In?, Kimberly Auerbach

Media Law and Policy

No abstract provided.

Resale Issues In Telecommunications Regulation: An Economic Perspective, Alexander C. Larson

Michigan Telecommunications & Technology Law Review

The purpose of this Article is to evaluate proposed resale policies from an economic perspective. Specifically, this Article evaluates whether mandated resale can be expected to lead to the benefits ascribed to it by its proponents. In addition, this Article identifies issues which must be addressed before an economically sound local service resale policy may be put into place.

Permanent Number Portability: A Necessary Element For Effective Local Competition, Christopher Waldron

Media Law and Policy

No abstract provided.

Payphone Deregulation Under The Telecommunications Act Of 1996, Benjamin Lipschitz

Media Law and Policy

No abstract provided.

The 1996 Telecommunications Act Trilogy, Gregory L. Rosston

Media Law and Policy

No abstract provided.

Book Review. Telecom Regulation Monitor (S. Gieman And E. Herman, Eds.), Juliet Casper Smith

Articles by Maurer Faculty

No abstract provided.

Telephone Companies, The First Amendment, And Technological Convergence, Fred H. Cate

Articles by Maurer Faculty

No abstract provided.

The Telecommunications Act Of 1996, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.

Responses, Thomas G. Krattenmaker

Faculty Publications

No abstract provided.