Federal Communications Law Journal

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Editor's note.
Welcome to the third and final Issue of the sixty-first Volume of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Comm . . .

Editor's note.
Welcome to the second Issue of the sixty-first Volume of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Communication . . .

Beyond content neutrality: understanding content-based promotion of democratic speech.
I. INTRODUCTION: CONTENT-BASED LAWS THAT PROMOTE FAVORED CONTENT II. CONVENTIONAL WISDOM ON CONTENT III. DESCRIPTIVE ARGUMENT: CONTENT PROMOTION DOES NOT RECEIVE HEIGHTENED SCRUTINY, A . . .

An evaluation of the proposals in the FCC's Intercarrier Compensation Reform Docket related to tandem transit services.
I. INTRODUCTION AND SUMMARY II. TANDEM TRANSIT SERVICES: AN OVERVIEW III. RECENT STATE COMMISSION DEVELOPMENTS A. Background B. Commission Rulings 1. Georgia 2. New Yor . . .

Reverse auctions and universal telecommunications service: lessons from global experience.
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 Shou . . .

A fundamental misunderstanding: FCC implementation of U.S. WTO commitments.
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 O . . .

Paying the price for sports TV: preventing the strategic misuse of the FCC's carriage regulations.
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 . . .

The RIAA, the DMCA, and the forgotten few webcasters: a call for change in digital copyright royalties.(Digital Millennium Copyr
I. INTRODUCTION II. WEBCASTING AND COPYRIGHT LAW: A HISTORY A. How Webcasting Works B. Copyright Background. C. The Musical Work (Composition) Copyright and Mechanical Comp . . .

Business solutions to the alien ownership restriction.
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 . . .

Editor's note.
I am delighted to welcome you to the first Issue of the sixty-first Volume of the Federal Communications Low Journal, the nation's premier communications law journal and the official journal of the . . .

The enduring lessons of the breakup of AT&T: a twenty-five year retrospective.(Introduction)
I. LOOKING BACK AT DIVESTITURE: WHAT WORKED? WHAT DIDN'T? II. EQUAL ACCESS AS THE NEW REGULATORY PARADIGM: THE TRANSITION FROM RATE REGULATION TO ACCESS REGULATION III. KEYNOTE ADDRESS BY THE . . .

The decline and fall of AT&T: a personal recollection.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospec
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 . . .

The Bell System divestiture: background, implementation, and outcome. (The Enduring Lessons of the Breakup of AT&T: A Twenty-Fiv
I. INTRODUCTION II. THE RISE OF COMPETITION III. THE ANTITRUST SUIT IV. NEAR-TERM RESULTS V. LONGER-TERM RESULTS VI. CONCLUSIONS I. INTRODUCTION The telephone industry in the United States . . .

An oligopoly analysis of AT&T's performance in the wireline long-distance markets after divestiture.(The Enduring Lessons of the
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 . . .

Will access regulation work? (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
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 c . . .

Toward a unified theory of access to local telephone networks.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year R
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 . . .

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-Fiv
I. INTRODUCTION II. MARKET STRUCTURE III. GROWTH IV. PRICES V. EMPLOYMENT VI. MARKET CAPITALIZATION VII. OWNERSHIP VIII. TELECOMMUNICATIONS EQUIPMENT IX. RESEARCH AND DEVELOPMENT X. . . .

Essential facilities and Trinko: should antitrust and regulation be combined? (The Enduring Lessons of the Breakup of AT&T: A Tw
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 TR . . .

The AT&T consent decree: in praise of interconnection only.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retr
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 . . .

Reexamining the legacy of dual regulation: reforming dual merger review by the DOJ and the FCC. (The Enduring Lessons of the Bre
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 ANT . . .

Are regulators forward-looking? The market price of copper versus the regulated price of mandatory access to unbundled local loo
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 COMMERC . . .

"Fleeting expletives" are the tip of the iceberg: fallout from exposing the arbitrary and capricious nature of indecency regulat
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 . . .

Leave me alone! The delicate balance of privacy and commercial speech in the evolving do-not-call registry.
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 . . .

Editor's note.
Welcome to Volume 60, Issue 3, of the Federal Communications Law Journal, the official journal of the Federal Communications Bar Association, and the nation's oldest and largest distribution scholar . . .

Antitrust language barriers: First Amendment constraints on defining an antitrust market by a broadcast's language, and its impl
I. INTRODUCTION II. THE COMMERCIAL SPEECH DOCTRINE AND LOWER LEVELS OF SCRUTINY USED FOR STRUCTURAL BROADCAST REGULATIONS DO NOT GOVERN ANTITRUST MARKET DEFINITION ANALYSIS A. . . .

The terrorist is a star! Regulating media coverage of publicity-seeking crimes.
I. PREFACE II. INTRODUCTION III. THE PROBLEM OF MEDIA COVERAGE OF PUBLICITY-SEEKING CRIMES A. Intimidation B. Imitation C. Immunization D. Imperilization . . .

Performing art: National Endowment for the Arts v. Finley.
Karen Finley claims to be an artist. A performance artist. Not everyone agrees. Finley's art is who she is. She grew up in a Chicago suburb and was educated at the San Francisco Art Institute. ( . . .

When the flock ignores the shepherd - corralling the undisclosed use of video news releases.
I. INTRODUCTION II. HISTORY OF VIDEO NEWS RELEASES A. Video News Releases--A Boon to Advertisers and Broadcasters Alike B. "Fake News" and the Bush Administration C. The CMD . . .

The newest way to screen job applicants: a social networker's nightmare.
I. SOCIAL NETWORKING: THINK TWICE A. Social Networks and Their Dangers 1. The Messages Social Networkers Communicate 2. Employers Are Discovering Their Options B. Protecti . . .

The politics of competition. (Winston's 'Government Failure Versus Market Failure: Microeconomics Policy Research and Government
I. INTRODUCTION II. THE BOOKS A. Government Failure B. Creating Competitive Markets III. AN ASSESSMENT A. Perils B. Promise IV. CONCLUSION I. INTRODUCTION For a quarter of . . .

The two-step evidentiary and causation quandary for medium-specific laws targeting sexual and violent content: first proving har
I. INTRODUCTION II. PROVING REMEDY AND REDRESS OF SPEECH-CAUSED HARM THROUGH CENSORSHIP: CAUGHT BETWEEN UNDERINCLUSIVE REMEDIES AND OVERBROAD LAWS III. THE BROADER PROBLEM OF PROVING RE . . .

The Colonel's finest campaign: Robert R. McCormick and Near v. Minnesota.
I. NEAR V. MINNESOTA: BACKGROUND II. INCORPORATION: THE NECESSARY PRECONDITION III. COL. MCCORMICK TAKES CHARGE OF NEAR IV. BEFORE THE SUPREME COURT V. THE DECISION VI. THE AFTERMATH " . . .

Direct marketing, mobile phones, and consumer privacy: ensuring adequate disclosure and consent mechanisms for emerging mobile a
I. INTRODUCTION II. MOBILE COMMERCE AND MOBILE ADVERTISING III. M-ADVERTISING RAISES PRIVACY CONCERNS FOR CONSUMERS IV. PRIVACY REGULATION AND MOBILE ADVERTISING V. FEDERAL PRIVACY R . . .

Skating toward deregulation: Canadian developments.
I. INTRODUCTION II. THE CRTC FORBEARANCE PROCEEDINGS A. Local Telephone Service B. VoIP Forbearance III. THE PARTIES A. Industry Participants B. Telecommunications Policy Revie . . .

Reassessing Turner and litigating the must-carry law beyond a facial challenge.
I. INTRODUCTION II. MUST-CARRY'S PURPOSE A. Cable Becomes a Threat to Broadcasting B. FCC. Attempts to Protect Local Broadcasting from Cable C. Objections to the Must-Carry Provisions . . .

Mass Media Unleashed: How Washington Policymakers Shortchanged the American Public.(Book review)
The book treats two policies: the public trustee policy and the deregulatory market policy, which was introduced in 1980 and has now reached full fruition. The former is based on the consideration t . . .

Editor' s note.
Welcome to Volume 60 of the Federal Communications Law Journal, the nation's premier journal in communications law and the official journal of the Federal Communications Bar Association. Issue 1 con . . .

Expansion of indecency regulation: presented by the federalist society's telecommunications practice group.(Discussion)
JUDGE SENTELLE: I've been alerted that we may start. There will be just a very little introduction, so you'll know you're in the right place. This is the Telecom panel. We will be dealing with the e . . .

Space, the final frontier--expanding FCC regulation of indecent content onto direct broadcast satellite.
I. INTRODUCTION II. CONTENT REGULATION AND CALLS FOR EXPANSION A. Pressure to Extend Broadcast Indecency Regulation to Cable and DBS. B. Current Content Regulation C. The Co . . .

In the dark: a consumer perspective on FCC broadcast indecency denials.
I. INTRODUCTION II. INDECENCY DETERMINATION PROCEDURES A. How the FCC Determines Indecency B. The Broadcast Decency Enforcement Act C. The Complaint Process II. ANALYSIS OF THE COM . . .

Deal or no deal: reinterpreting the FCC's foreign ownership rules for a fair game.
I. INTRODUCTION II. REGULATING FOREIGN OWNERSHIP OF BROADCAST LICENSES A. Background: The National Security Concern B. Fall of the National Security Concern and Rise of the Public I . . .

Rethinking the communications decency act: eliminating statutory protections of discriminatory housing advertisements on the Int
I. INTRODUCTION II. THE COMMUNICATIONS DECENCY ACT A. Pre-CDA B. CDA as Congressional Response C. The CDA and the Internet III. THE FAIR HOUSING ACT IV. CRAIGSLIST A. Dec . . .

Summing up the public interest: a review of "media diversity and localism: meaning and metrics," edited by Philip M. Napoli.
"Not everything that can be counted counts, and not everything that counts can be counted." -Albert Einstein It has been more than ten years since Congress required the Federal Communications Co . . .

Who Controls the Internet? Illusions of a Borderless World.(Book review)
In Who Controls the Internet? Illusions of a Borderless World, (1) Jack Goldsmith and Tim Wu argue that contemporary theories of globalization and Internet scholarship underestimate and misunderstan . . .

A soldier's blog: balancing service members' personal rights vs. national security interests.
I. INTRODUCTION II. RESTRICTIONS ON PRESS COVERAGE DURING THE WAR A. Pre- Vietnam Press Coverage During War B. Open Access: Press Coverage During the Vietnam War C. Post- Vietn . . .

Keeping the Internet neutral? Tim Wu and Christopher Yoo debate.
Tim Wu is Professor of Law at the Columbia Law School. He is the author of Network Neutrality, Broadband Discrimination (2003) and coauthor, with Jack Goldsmith, of Who Controls the Internet? (Oxfor . . .

Communicating during emergencies: toward interoperability and effective information management.
I. INTRODUCTION II. BACKGROUND III. TOWARD A NEW ARCHITECTURE FOR PUBLIC SAFETY AGENCIES A. The Importance of a Modular Architecture B. The Opportunities From an Integrated Communic . . .

Fundamental reform in public safety communications policy.
I. INTRODUCTION II. QUESTIONING TODAY'S ORTHODOXY FOR PUBLIC SAFETY COMMUNICATIONS A. Today's Basic Assumptions B. A Time for Change C. Properties of a Good System D. Let . . .

Solving the interoperability problem: are we on the same channel? An essay on the problems and prospects for public safety radio
I. INTRODUCTION II. WHY INTEROPERABILITY MATTERS III. WHO NEEDS TO INTEROPERATE, IN WHAT CASES? IV. FEDERAL ACTIONS IN SUPPORT OF INTEROPERABILITY V. IS THERE NO HOPE? WHAT ARE THE STATES . . .

Sending out an S.O.S.: public safety communications interoperability as a collective action problem.
I. INTRODUCTION II. WHY DO WE LACK INTEROPERABILITY? A. Collective Action Problem B. Where Are the Entrepreneurs? C. Inefficiency III. A POSITIVE SELECTIVE INCENTIVE A. Spectru . . .