Legislation Commons^™

Digital Television And The Allure Of Auctions: The Birth And Stillbirth Of Dtv Legislation, Ellen P. Goodman

Federal Communications Law Journal

Although relatively few provisions of the 1996 Telecommunication Act relate to digital broadcast television, these provisions have contributed to the ongoing debate over assignment of spectrum for DTV uses. Attention to the disputed issues of DTV has accentuated the differences between methods of spectrum management: how spectrum should be assigned among various services and users, and what roles the FCC and Congress should play. Two camps have emerged from the controversy: one viewing spectrum as a commodity that should be assigned by auction, the other viewing spectrum as a resource that must be allocated according to strict technical criteria and …

Media Mergers: First Step In A New Shift Of Antitrust Analysis?, Keith Conrad

Federal Communications Law Journal

An alarming trend toward concentration of media ownership has been highlighted by Walt Disney's acquisition of Capital Cities/ABC, and Time Warner's acquisition of Turner Broadcasting System. While current antitrust approaches are not expected to stem this trend, antitrust is a constantly evolving area of law. As Chairman of the FTC, Robert Pitofsky is in a position to move antitrust analysis away from the economically focused Chicago School approach, and toward an approach which also considers social and political issues. Consideration of these issues is supported by Pitofsky's own writings and could reduce the trend of media concentration.

Rhetoric, Reality, And The Law Of Unfunded Federal Mandates, Daniel H. Cole, Carol S. Comer

Articles by Maurer Faculty

No abstract provided.

The Problem Of Statutory Detail In National Park Establishment Legislation And Its Relationship To Pollution Control Law, Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

The Communications Decency Act, Jim Exon

Federal Communications Law Journal

No abstract provided.

The Legislative History Of Senator Exon's Communications Decency Act: Regulating Barbarians On The Information Superhighway, Robert Cannon

Federal Communications Law Journal

Among the most visible and controversial provisions of the Telecommunications Act of 1996 have been those of an amendment to the larger act known as the Communications Decency Act. This article critically examines the legislative history of this amendment, creating a record of both official and unofficial sources. The article also notes the relevance of the legislative history as demonstrating both the unconstitutionality and the practical inefficacy of the statute.

Reconsidering Retransmission Consent: An Examination Of The Retransmission Consent Provision (47 U.S.C. § 325(B)) Of The 1992 Cable Act, Charles Lubinsky

Federal Communications Law Journal

This article examines the legislative and economic history of the retransmission consent provision in the 1992 Cable Act. Retransmission consent provisions in the 1992 Cable Act allow broadcasters to enter into negotiations with cable operators regarding retransmission of their broadcast signal. The 1992 Cable Act requires broadcasters to choose between retransmission consent and must-carry provisions every three years. The first election period ended in October 1996 and a new election period begins January 1, 1997. Retransmission consent has had a noticeable effect on the evolution of cable television broadcasting, although it is arguably unclear whether retransmission consent has addressed the …

Hostile Tender Offers For Companies Holding Licenses Issued By The Federal Communications Commission, Stephen F. Sewell

Federal Communications Law Journal

When a tender offer to acquire a company is made, those making the tender offer will have to overcome a number of regulatory hurdles. The number of hurdles multiply, however, when the offer is hostile and the target company holds licenses issued by the FCC. The article sketches the FCC's response to hostile tender offers for companies holding FCC licenses, specifically discussing the Commission's adoption of procedures in 1985 to address hostile tender offers. While these provisions provided needed clarification, the authority of the FCC to implement these provisions and the effectiveness of them as a matter of policy have …

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 …

Turning Back The Clock: The Unfunded Mandates Reform Act Of 1995 And Its Effective Repeal Of Environmental Legislation, Susan E. Leckrone

Indiana Law Journal

No abstract provided.

The Racial Hoax As Crime: The Law As Affirmation, Katheryn K. Russell

Indiana Law Journal

No abstract provided.

Taking A Closer Look At The Plight Of Third-Country Nationals: Making The Case Against Legislative Reform, Connie Bauswell Saylor

Indiana Journal of Global Legal Studies

No abstract provided.

Mergers In Mobile Telecommunications Services: A Primer On The Analysis Of Their Competitive Effects, John W. Berresford

Federal Communications Law Journal

Mobile telecommunications businesses are undergoing an unprecedented period of mergers which may result in a national network for Personal Communications Services. All of these transactions require the approval of the Federal Communications Commission (FCC), which is in the process of issuing thousands of local, regional, and nationwide licenses. The FCC grants the licenses under "the public interest" standard of the Communications Act of 1934, which requires an analysis of each proposed merger's effect on competition.

The Author begins his description of the analytic framework used by the FCC by describing its variables. Part I describes the "product market," which must …

Whither Goest Ntia? The Fate Of A Federal Telecommunications Agency, Richard E. Wiley, Paul E. Misener

Federal Communications Law Journal

In the past year, Congress has sealed the fate of the National Telecommunications and Information Administration (NTIA). Although President Clinton has pledged to veto any action that abolishes the Commerce Department, in which the NTIA is located, Congress will ultimately dismantle the NTIA. Thus, the question becomes what entity will shoulder NTIA's workload, which includes among other responsibilities managing federal use of the radio frequency spectrum, developing executive branch telecommunications policy, and administering the Federal Grants Program.

Although the Federal Communications Commission (FCC) appears to many a natural successor to the NTIA's varied responsibilities, the Authors suggest other agencies are …

A Double-Barrelled Assault: How Technology And Judicial Interpretations Threaten Public Access To Law Enforcement Records, Jamison S. Prime

Federal Communications Law Journal

Recently, an explosion of media coverage has revealed gross misconduct on the part of many police officers in the United States. From Rodney King to Mark Furman, the events have raised grave questions about whether existing checks against police misconduct are effective. Yet, at this crucial period, technological advances and judicial interpretations undermine the ability of the public to access police records. The Author argues that most Freedom of Information (FOI) statutes provide inadequate access to police records in light of technological advances and narrow judicial interpretations of FOI statutes.

Freedom Of Information Statutes: The Unfulfilled Legacy, Laura Schenck

Federal Communications Law Journal

When members of a state legislature debated and then voted on a controversial amendment to the state budget, the legislative clerk denied two reporters from a local newspaper access to a record of the roll call votes. The state supreme court upheld the denial in the face of a Freedom of Information (FOI) request. This example illustrates the shortcomings of most freedom of information statutes; in most cases, the legislative branch has quietly exempted itself from disclosure requirements. Consequently, voters at both the state and federal level are not legally entitled to know how their representatives have voted.

The Author …

Spectrum Bids, Bets, And Budgets: Seeking An Optimal Allocation And Assignment For Domestic Commercial Electromagnetic Spectrum Products, Services, And Technology, William Kummel

Federal Communications Law Journal

This Comment analyzes the Federal Communications Commission's (FCC's) allocation and assignment of commercial electromagnetic spectrum licenses through competitive bidding auctions as authorized under Sections 921 to 927 of the National Telecommunications and Information Administration Organization Act (NTIAO Amendment) and Section 309(j) of the Federal Communications Act of 1934.

In five parts, this Comment analyzes (1) the FCC's statutory mandate, (2) spectrum's unique physical properties, (3) allocation and assignment methodologies, (4) traditional and nontraditional bidding systems, and (5) the preferred simultaneous multiple round electronic (SMRE) bidding structure. This Comment recommends a policy reorientation to promote spectrum capacity.

To promote efficient use …

Paradise Lost, Paradigm Found: Redefining The Judiciary's Imperiled Role In Congress, Charles G. Geyh

Articles by Maurer Faculty

Long perceived as acting in splendid isolation, the legislative and judicial branches have become increasingly intertwined. The judiciary is becoming more involved in the legislative province of statutory reform, and Congress has inserted itself more frequently into the judicial territory of procedural rulemaking. In this article, Professor Geyh observes that a new, interactive paradigm has replaced the perceived model of separation and delegation between the brandies. As the judiciary and Congress have grown more enmeshed, the judiciary's reputation has suffered, both from a Watergate-vintage mistrust of all things governmental and from a perception that judicial activism is born of self-interest …

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.

In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies …

Health Care Rationing And Disability Rights, Philip G. Peters Jr.

Indiana Law Journal

No abstract provided.

The Indiana Environmental Policy Act: Casting A New Role For A Forgotten Statute, Jeffrey L. Carmichael

Indiana Law Journal

No abstract provided.

Law And Linguistics: Is There Common Ground?, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Book Review. Dynamic Statutory Interpretation By William N. Eskridge, Jr., William D. Popkin

Articles by Maurer Faculty

No abstract provided.

The United States Olympic Committee And The Suspension Of Athletes: Reforming Grievance Procedures Under The Amateur Sports Act Of 1978, Ellis E. Hollis Iii

Indiana Law Journal

No abstract provided.

Did Congress Intend To Give Patients The Right To Demand And Receive Inappropriate Medical Treatments?: Emtala Reexamined In Light Of Baby K, Elizabeth Larson Goldberg

Articles by Maurer Faculty

No abstract provided.

A Beginning And Not An End In Itself: The Role Of Risk Assessment In Environmental Decision-Making, John S. Applegate

Articles by Maurer Faculty

No abstract provided.

Report: The Indiana Uniform Fraudulent Transfer Act - Introduction, Bruce A. Markell

Articles by Maurer Faculty

No abstract provided.

Consolidation, Coordination, Competition, And Coherence: In Search Of A Forward Looking Communications Policy, Michael D. Director, Michael Botein

Federal Communications Law Journal

No abstract provided.

Information Superhighway Or Technological Sewer: What Will It Be?, Robert W. Peters

Federal Communications Law Journal

No abstract provided.

Deregulating The Second Republic, Andrew C. Barrett

Federal Communications Law Journal

No abstract provided.