Legislation Commons^™

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 …

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 …

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 …

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.

Principles For The Communications Act Of 2034: The Superstructure Of Infrastructure, Eli M. Noam

Federal Communications Law Journal

No abstract provided.

Second Chance, Newton N. Minow

Federal Communications Law Journal

No abstract provided.

Reflections On The Sixtieth Anniversary Of The Communications Act, Carol Moseley-Braun

Federal Communications Law Journal

No abstract provided.

Independent Audits And Self-Regulation-Not Legislation-Is Best Answer To Tv Violence, Paul Simon

Federal Communications Law Journal

No abstract provided.

The New Realities Of The Communications Marketplace, Raymond W. Smith

Federal Communications Law Journal

No abstract provided.

In The Battle Over Tv Violence, The Communications Act Should Be Cheered, Not Changed!, Carl R. Ramey

Federal Communications Law Journal

No abstract provided.

Fairness And The Public Trustee Concept: Time To Move On, Henry Geller

Federal Communications Law Journal

Symposium: The Transformation of Television News

Public Access: Fortifying The Electronic Soapbox, Jason Roberts

Federal Communications Law Journal

Public access, viewed as the voice on cable for those outside the mainstream, has recently been criticized as nothing more than an unregulated channel for objectionable hate speech and indecent programming. When Congress passed the Cable Television Consumer Protection and Competition Act of 1992, cable operators found themselves in the conflicting role of being liable for indecent and obscene programming on public access, while at the same time unable to exercise any editorial control over access content. All sides are now waiting to see if the Court of Appeals for the D.C. Circuit will strike down these access rules as …

Newscasts As Property: Will Retransmission Consent Stimulate Production Of More Local Television News?, Lorna Veraldi

Federal Communications Law Journal

The Cable Act of 1992 required, for the first time, that cable systems receive the consent of broadcast stations to retransmit their signals. While the fees that some stations had hoped to extract from the cable systems have generally not materialized, broadcasters may be able to use their expertise in the provision of local news and programming to gain additional cable channel space for this local-interest programming. The Author explores the historical interaction and conflict between cable systems and local broadcasters over retransmission rights. The Author also examines the courts' and FCC's responses to the copyright issues surrounding retransmission. Focusing …

Fine Tuning The Federal Government's Role In Public Broadcasting, Howard A. White

Federal Communications Law Journal

The Public Broadcasting Act of 1967 represented a major effort by the federal government to provide entertaining and enlightening programming unlike that being offered by major broadcasters. Central to this effort was the creation of the Corporation for Public Broadcasting (CPB), an independent corporation whose mission was to facilitate diversity, creativity, and innovation in noncommercial public broadcasting. It was to achieve this goal without engaging in content control over programming. However, members of Congress have expressed concern over the types of programming CPB was funding. As a result, Congress in 1992 directed the CPB to define national programming standards for …

The Integration Of Banking And Telecommunications: The Need For Regulatory Reform, Kalpak S. Gude

Federal Communications Law Journal

The recent proliferation of computer and telecommunications technologies have dramatically changed the banking industry's business sector. While this modernization has allowed banks to increase their efficiency and service, banking regulations have not kept pace. Telecommunications companies, armed with new FCC regulations encouraging increased competition, have eagerly taken this opportunity to expand their business offerings into the financial services sector. In this Note, the Author examines the telecommunications services presently provided by banks and the present regulatory structure that prevents further bank entry into the telecommunications sector. The Author concludes that banking regulations should be changed to allow banks to enter …

Abortion On The Air: Broadcasters And Indecent Political Advertising, Milagros Rivera-Sanchez, Paul H. Gates Jr.

Federal Communications Law Journal

Section 315(a) of the Communications Act--the anti-censorship provision--allows for the presentation of candidates' unvarnished positions on issues important to the voting public. In the 1990s, ads centered around abortion caused a collision between the interests of political candidates and broadcasters. The Article reviews broadcasters' attempts to use the indecency provisions of the Communications Act to channel controversial political advertisements. The Authors conclude that airing potentially indecent political ads is unlikely to result in sanctions for broadcasters.

The Children's Hour Revisited: The Children's Television Act Of 1990, Diane Aden Hayes

Federal Communications Law Journal

The Children's Television Act of 1990 was created to reduce advertising during children's programming and increase the number of educational programs for children. But by 1993 media watchers found that violations were frequent, and that what was purported to be educational television was often little more than cartoons. This Note argues that the apparent failure of the Act stems primarily from its vague standards. To correct these problems, more explicit regulations are necessary. Because new regulations can only go so far before they invade broadcasters' First Amendment rights, broadcasters and the FCC will have to compromise to create a workable …

Shifting Foundations: The Regulation Of Telecommunications In An Era Of Change, Andrew C. Barrett

Federal Communications Law Journal

The recent developments in the telecommunications industry represent to many the birth of the multimedia world of the future that will make available new interactive services, computer and voice applications, and programming choices. The advancements with wireless technology may also make personal communications services (PCS) a major competitor with the local telephone industry. The ramifications of these developments will depend heavily on the regulatory directions that the government selects. The Author, as Commissioner of the FCC, begins his discussion by analyzing the recent business mergers and the motivations behind them. He then reviews the 1992 Cable Act, suggesting that while …

Cable Television Regulation: Promoting Competition In A Rapidly Changing World, Edward J. Markey

Federal Communications Law Journal

No abstract provided.

Cable Television Subscriber Equipment: Lessons From The Common Carrier Experience, David Alan Nall

Federal Communications Law Journal

Perhaps the most significant changes resulting from the Cable Television Consumer Protection and Competition Act of 1992 will be those affecting equipment on subscriber's premises. The 1992 Cable Act differentiates cable equipment and cable services. The Author discusses the framework of the equipment provisions of the Cable Act, specifically regarding cable equipment rates, cable home wiring, and consumer electronics compatibility. He relates the history of the customer-premises (CPE) unbundling through the Computer II decision and post-Computer II developments, then proposes that the FCC could apply its CPE precedents to cable equipment.