Recently added articles from Federal Communications Law Journal:
Beyond content neutrality: understanding content-based promotion of democratic speech.
Mar 01, 2009; ... <Pre> I. INTRODUCTION: CONTENT-BASED LAWS THAT PROMOTE FAVORED CONTENT II. CONVENTIONAL WISDOM ON CONTENT III. DESCRIPTIVE ARGUMENT: CONTENT PROMOTION DOES NOT RECEIVE HEIGHTENED SCRUTINY, AND MUST MERELY BE VIEWPOINT-NEUTRAL A. Doctrinal Areas Endorsing ...
An evaluation of the proposals in the FCC's Intercarrier Compensation Reform Docket related to tandem transit services.
Mar 01, 2009; ... <Pre> I. INTRODUCTION AND SUMMARY II. TANDEM TRANSIT SERVICES: AN OVERVIEW III. RECENT STATE COMMISSION DEVELOPMENTS A. Background B. Commission Rulings 1. Georgia 2. New York 3. Illinois 4. Michigan 5. Minnesota ...
Reverse auctions and universal telecommunications service: lessons from global experience.
Mar 01, 2009; ... <Pre> I. INTRODUCTION II. UNIVERSAL SERVICE IN THEORY AND IN PRACTICE A. Rationale for Universal Service in Telecommunications B. Tax and Distribution Schemes are Inefficient C. How Much Should We Spend and Where? III. GLOBAL EXPERIENCE WITH REVERSE AUCTIONS AND ...
A fundamental misunderstanding: FCC implementation of U.S. WTO commitments.
Mar 01, 2009; ... <Pre> I.INTRODUCTION II. THE SCOPE OF SECTION 310 III. U.S. TRADE COMMITMENTS IV. NAFTA COMMITMENTS V.OTHER TELECOMMUNICATIONS AGREEMENTS VI. WTO COMMITMENTS VII. FCC IMPLEMENTATION OF U.S. COMMITMENTS VIII. CONCLUSION </Pre> I ....
Paying the price for sports TV: preventing the strategic misuse of the FCC's carriage regulations.
Mar 01, 2009; ... <Pre> I. INTRODUCTION II. LEAGUE-OWNED NETWORKS AND REGIONAL SPORTS NETWORKS A. Background: Cable Sports and Vertical Integration B. The Roots of the Dispute Between Cable Companies and League-Owned Networks C. Public Negotiations Between Cable ...
The RIAA, the DMCA, and the forgotten few webcasters: a call for change in digital copyright royalties.(Digital Millennium Copyright Act)
Mar 01, 2009; ... <Pre> I. INTRODUCTION II. WEBCASTING AND COPYRIGHT LAW: A HISTORY A. How Webcasting Works B. Copyright Background. C. The Musical Work (Composition) Copyright and Mechanical Compulsory Licensing D. Digital Performance Right for Sound Recordings ...
Business solutions to the alien ownership restriction.
Mar 01, 2009; ... <Pre> I. INTRODUCTION II. CONGLOMERATION AND THE BROADCAST LICENSE A. The Old Studio System B. The Foundation Crumbles 1. Antitrust 2. Television C. The New System 1. Disney 2. Time Warner 3. Sony 4. NBC ...
The decline and fall of AT&T: a personal recollection.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... Thank you very much, Chris. I needed a generous introduction because I realized, listening to the very interesting talks this morning, that I hadn't thought about telecommunication policy since 1981. I'm a kind of Rip van Winkle here, invited to give an antiquarian talk. I was ...
The Bell System divestiture: background, implementation, and outcome. (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. THE RISE OF COMPETITION III. THE ANTITRUST SUIT IV. NEAR-TERM RESULTS V. LONGER-TERM RESULTS VI. CONCLUSIONS </Pre> I. INTRODUCTION The telephone industry in the United States started with the Bell patent in 1878. Telephones were ...
An oligopoly analysis of AT&T's performance in the wireline long-distance markets after divestiture.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... Having been present at the creation of "divestiture," as the next witness for the defense scheduled to be called before the court, the day after the surprise settlement, and therefore never heard, I had a seat at the table to listen to what was to be forthcoming. It was evident to me that ...
Will access regulation work? (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... The premise of this panel is that the FCC is transitioning from a rate regulation regime to an access regime. A rate regulation regime gives all customers full access to network facilities (common carrier) at regulated rates--generally, rate base rate of return regulation. An access regime ...
Toward a unified theory of access to local telephone networks.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. THE HISTORY OF THE REGULATION OF LOCAL TELEPHONY A. Early State and Federal Regulation B. The Emergence of Competition in Complementary Services C. The Emergence of Competition in Local Telephony D. The Telecommunications Act ...
Did AT&T die in vain? An empirical comparison of AT&T and Bell Canada.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I.INTRODUCTION II. MARKET STRUCTURE III. GROWTH IV. PRICES V.EMPLOYMENT VI. MARKET CAPITALIZATION VII. OWNERSHIP VIII. TELECOMMUNICATIONS EQUIPMENT IX. RESEARCH AND DEVELOPMENT X.CONCLUSION </Pre> I. INTRODUCTION Did the ...
Essential facilities and Trinko: should antitrust and regulation be combined? (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. COMPARING A T&T AND TRINKO: CHANGES IN ATTITUDES, CHANGES IN LATITUDE III. REGULATION AND ANTITRUST AS COMPLEMENTS, NOT SUBSTITUTES IV. "ESSENTIAL FACILITIES" AND TRINKO: TWO SIDES OF THE SAME COIN V. SHOULD ANTITRUST AND REGULATION BE ...
The AT&T consent decree: in praise of interconnection only.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. THE BELL DECREE AND THE CORPORATIST MINDSET II. "DEREGULATION" IN A NETWORK INDUSTRY: DO GREENE AND BAXTER MIX? III. STRUCTURAL VERSUS CONDUCT REMEDIES IV. CONDUCT AND STRUCTURAL REMEDIES FOR NETWORK INDUSTRIES V. A SUMMING UP </Pre> I. THE BELL DECREE ...
Reexamining the legacy of dual regulation: reforming dual merger review by the DOJ and the FCC. (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. THE VICES AND VIRTUES OF REDUNDANT REGULATORY MERGER REVIEW A. The Perils of FCC Merger Review B. Regulatory Oversight as Complementary to Antitrust III. THE ANTITRUST AGENCIES' EMERGING STANCE ON MERGER REMEDIES A. Conduct ...
Are regulators forward-looking? The market price of copper versus the regulated price of mandatory access to unbundled local loops in telecommunications networks.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. THE DATA REQUIREMENTS FOR FORWARD-LOOKING COST MODELS III. COPPER PRICES AND THE CALIFORNIA PUBLIC UTILITIES COMMISSION IV. COPPER PRICES AND THE NEW ZEALAND COMMERCE COMMISSION A. Biased LL U Benchmark Estimates B. Long-Term ...
"Fleeting expletives" are the tip of the iceberg: fallout from exposing the arbitrary and capricious nature of indecency regulation.
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. OVERVIEW III. FINDING INDECENT SPEECH IV. JUDICIAL REVIEW OF ARBITRARY AND CAPRICIOUS ADMINISTRATIVE AGENCY ACTIONS A. Development of the Judicial Gloss on Arbitrary and Capricious Review B. The State Farm Hard Look Standard ...
Leave me alone! The delicate balance of privacy and commercial speech in the evolving do-not-call registry.
Dec 01, 2008; ... <Pre> I. INTRODUCTION II. THE BEGINNING OF THE NATIONAL DO-NOT-CALL REGISTRY A. Telephone Consumer Protection Act B. Telemarketing Consumer Fraud and Abuse Prevention Act C Telemarketing Sales Rule and the Do-Not-Call Implementation Act III. FIRST AMENDMENT ...