Federal Communications Law Journal

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Conflict, Terrorism and the Media in Asia.(Book review)
I. INTRODUCTION II. UNITED STATES III. MALAYSIA IV. INDONESIA V. PHILIPPINES VI. INDIA VII. XINJIANG VIII. CONCLUSION I. INTRODUCTION Conflict, Terrorism and the Media in Asia (1) i . . .

Echelon's effect: the obsolescence of the U.S. foreign intelligence legal regime.
I. INTRODUCTION II. CONSTRUCTION OF U.S. FOREIGN INTELLIGENCE SURVEILLANCE LAW A. Pre-FISA B. FISA C. FISC D. Ambiguities and Loopholes III. THE ECHELON INTERCEPTION SYSTE . . .

Market definition, merger review, and media monopolization: congressional approval of the corporate voice through the Newspaper
I. INTRODUCTION II. HISTORICAL AND LEGAL BACKGROUND A. The Citizen Publishing Case B. The Newspaper Preservation Act C. The Federal Antitrust Laws D. The Courts, the NPA, and t . . .

The telecommunications economy and regulation as coevolving complex adaptive systems: implications for federalism.
I. INTRODUCTION II. LIMITS OF THE PRESENT POLICY PARADIGM FOR SUSTAINABLE POLICIES III. TOWARD A NEW PARADIGM FOR SUSTAINABLE POLICIES A. General Constraints and Properties of Susta . . .

Competition after unbundling: entry, industry structure, and convergence.
I. INTRODUCTION AND SUMMARY II. INDUSTRY CONCENTRATION IN COMMUNICATIONS MARKETS III. AN ENTRY-ORIENTED MODEL OF INDUSTRY STRUCTURE FOR POLICY ANALYSIS A. Factors Determining P . . .

Necessary knowledge for communications policy: information asymmetries and commercial data access and usage in the policymaking
This project was conducted with the support of a grant from the Social Science Research Council, as part of its Necessary Knowledge for a Democratic Public Sphere Program, which is supported by the . . .

Does video delivered over a telephone network require a cable franchise?
I. INTRODUCTION II. THE DEVELOPMENT OF CABLE SERVICES A. The Retransmission of Distant Broadcast Signals B. Local Franchising of Cable Systems C. The Emergence of Rival Programming . . .

Information and Communications for Development 2006: Global Trends and Policies.(Book review)
I. FOREIGN PRIVATE INVESTMENT AND ITS IMPACT II. PRINCIPLES AND PRACTICAL SOLUTIONS A. Let the Markets Work B. Remove Obstacles to Letting the Markets Work C. Extending Access Beyond the . . .

The Information Quality Act: the little statute that could (or couldn't?) Applying the Safe Drinking Water Act Amendments of 199
I. INTRODUCTION II. THE INFORMATION QUALITY ACT A. Risk Analysis Under the Safe Drinking Water Act B. Office of Management and Budget's Safe Drinking Water Act Amendments of 1996 . . .

The legal status of spyware.
I. OVERVIEW OF SPYWARE'S RELATIONSHIP WITH THE LAW II. SPYWARE TECHNOLOGY: A TECHNICAL OVERVIEW A. Spyware Defined B. Spyware Has Two Primary Forms 1. Software-Enabled Installati . . .

Opening bottlenecks: on behalf of mandated network neutrality.
I. INTRODUCTION II. IN PRAISE OF NEUTRAL NETWORKS A. A Stable Platform for Innovation B. An Open Channel for Communication III. BOTTLENECKS AND ROADBLOCKS: ACTUAL AND POTE . . .

Municipal broadband: challenges and perspectives.
I. INTRODUCTION AND SUMMARY II. BROADBAND DEMAND III. POSSIBLE JUSTIFICATIONS FOR MUNICIPAL BROADBAND IV. SPEED, FEATURE, AND PRICE CONSIDERATIONS V. MUNICIPAL BROADBAND STATUS A. Mu . . .

You said what? The perils of content-based regulation of public broadcast underwriting acknowledgments.
I. STATUTORY AND ADMINISTRATIVE PROHIBITIONS AGAINST THE BROADCAST OF ADVERTISEMENTS II. INCONSISTENCY IN IDENTIFYING QUALITATIVE OR COMPARATIVE DESCRIPTIONS III. THE FIRST AMENDMENT IMP . . .

Broadcast technology as diversity opportunity: exchanging market power for multiplexed signal set-asides.
I. INTRODUCTION: PUBLIC ACCESS IN EXCHANGE FOR MARKET POWER: TWO APPROACHES BASED ON QUID PRO QUO II. IDENTIFYING THE PROBLEMS: LACK OF ACCESS, LACK OF DIVERSITY A. The Current Stat . . .

Editor's note.
Greetings! Welcome to Volume 59 of the Federal Communications Law Journal, the nation's premier journal in communications law and the official law journal of the Federal Communications Bar Associati . . .

Creation of the Media.(Book review)
I. AN ANALYSIS OF CONSTITUTIVE MOTIVES II. AN APPLICATION OF HISTORY III. CONCLUSION Paul Starr's Creation of the Media provides a rich history of the social, political and legal infrastructu . . .

Private eyes are watching you: with the implementation of the E-911 mandate, who will watch every move you make?(Telecommunicati
The FCC's E-911 mandate, which will ensure that emergency operators automatically receive a caller's location information, should help save lives. However, privacy advocates have expressed concern o . . .

'Wi-Fi'ght them when you can join them? How the Philadelphia compromise may have saved municipally-owned telecommunications serv
When the Mayor of Philadelphia announced his plan to provide municipally sponsored Wi-Fi Internet access, Verizon, the incumbent telecommunications service provider organized lobbyists to block the . . .

Responses by the Federal Communications Commission to WorldCom's accounting fraud.(Telecommunications Act of 1996: Ten Years Lat
WorldCom's disclosure of billions of dollars of financial fraud on June 25, 2002 challenged the Federal Communications Commission ("FCC") in several major ways. The FCC proclaimed its commitment to . . .

Endangered species, lassoes, and unmet promises.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTRODUCTION II. A LEARNING EXPERIENCE III. DOING BETTER NEXT TIME A. Endangered Species B. Lassoes C. Unmet Promises IV. CONCLUSION I. INTRODUCTION The Eighth Circuit, in i . . .

Transformation: the 1996 Act reshapes radio.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTRODUCTION II. LICENSE RENEWALS III. LOCAL OWNERSHIP IV. NATIONAL OWNERSHIP V. IMPACT AND OUTLOOK I. INTRODUCTION While the Telecommunications Act of 1996 ("1996 Act") focused largely . . .

Are you better off today than you were ten years ago? Residential consumers and telecommunications reform.(Telecommunications Ac
I. INTRODUCTION II. BROADBAND DEPLOYMENT III. CONSUMER PROTECTION IV. ACCESSIBILITY V. CONCLUSION I. INTRODUCTION Five years ago I asked this question about the Telecommunications Act of 19 . . .

Section 202(h) of the Telecommunications Act of 1996: beware of intended consequences. (Telecommunications Act of 1996: Ten Year
I. INTRODUCTION II. JUDICIAL CONSTRUCTION OF SECTION 202(h) III. CONCLUSION I. INTRODUCTION This is a story about a reasonably obscure provision of the Telecommunications Act of 1996 ("I 996 A . . .

The greatest story never told: how the 1996 Telecommunications Act helped to transform cable's future.(Telecommunications Act of
It'll be 10-to-1 in our favor. I would say that by 2000, we'll have 50 percent of the cable TV business--no doubt about it, which is why some cable companies are in a panic. Meanwhile, the cable com . . .

The 1996 Telecommunications Act.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTRODUCTION II. THE 1996 ACT: A NEW HOPE III. REFORM BUT WITH CAUTION IV. CONCLUSION I. INTRODUCTION Without a doubt, the Telecommunications Act of 1996 ("1996 Act") has been a triumph fo . . .

Politics and telecommunications. (Telecommunications Act of 1996: Ten Years Later Symposium)
The Telecommunications Act of 1996 ("1996 Act") has frequently been cited as landmark legislation. In fact in Tom Friedman's bestselling book, The World Is Flat, cites the 1996 Act as the basis for . . .

Swallows, sausages, and the 1996 Act.(Telecommunications Act of 1996: Ten Years Later Symposium)
In an annual ritual that rivals the swallows' return to Capistrano in regularity, if not longevity, February in Washington is heralded by a flock of commentary on why the Telecommunications Act of 1 . . .

Deregulation and market concentration: an analysis of post-1996 consolidations.(Telecommunications Act of 1996: Ten Years Later
I. THE ISSUE II. THE CHANGING INDUSTRY STRUCTURE III. EMPIRICAL FINDINGS A. Vertical Concentration. B. Local Concentration IV. INTERPRETATION OF RESULTS V. OUTLOOK I. THE ISSUE Fo . . .

The law of unintended consequences. (Telecommunications Act of 1996: Ten Years Later Symposium)
Whether intentional or not, the 1996 Telecommunications Act ("1996 Act") was transitional legislation, focused largely on the constituencies that battled before Congress at the time of its passage, . . .

No sight like hindsight: the 1996 Act and the view ten years later.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTRODUCTION II. THE 1996 ACT: TRULY LANDMARK LEGISLATION III. CONGRESS LOOKED BACK AND THOUGHT AHEAD IV. WHAT WE CAN SEE IN HINDSIGHT: PITFALLS ON THE COMPETITIVE ROAD V. WHERE TO NOW? . . .

The failure of competition under the 1996 Telecommunications Act.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTRODUCTION II. BY THE NUMBERS: FEEBLE COMPETITION III. THE FUTURE IV. CONCLUSION I. INTRODUCTION The Telecommunications Act of 1996 ("1996 Act") replaced the regulatory framework of . . .

Rivalrous telecommunications networks with and without mandatory sharing.(Telecommunications Act of 1996: Ten Years Later Sympos
I. INTRODUCTION II. NETWORK SHARING RULES PURSUANT TO THE TELECOMMUNICATIONS ACT OF 1996 III. TESTING THE "STEPPING STONE" THEORY A. Growth in CLEC Lines B. Cable Telephony: The Dog . . .

A public interest perspective on the impact of the broadcasting provisions of the 1996 Act.(Telecommunications Act of 1996: Ten
I. INTRODUCTION II. SECTION 201: BROADCAST SPECTRUM FLEXIBILITY III. SECTION 202: BROADCAST OWNERSHIP IV. LICENSE RENEWAL PROVISIONS V. CONCLUSION I. INTRODUCTION The broadcasting provision . . .

Interconnection policy and technological progress.(Telecommunications Act of 1996: Ten Years Later Symposium)
I. INTERCONNECTION POLICY BEFORE 1996 II. INTERCONNECTION AND THE TELECOMMUNICATIONS ACT OF 1996 III. THE INTERNET AND INTERCONNECTION I. INTERCONNECTION POLICY BEFORE 1996 The network ef . . .

Open video systems: too much regulation too late?(Telecommunications Act of 1996: Ten Years Later Symposium)
There are lessons to be learned from the nonstarters in regulatory historic. A good example in the 1996 Telecommunications Act ("1996 Act") (1) was Section 653's creation of open video systems ("OVS . . .

Looking backwards and looking forwards in contemplating the next rewrite of the communications act.(Telecommunications Act of 19
I. INTRODUCTION II. THE CO-EVOLUTION OF LAW, TECHNOLOGY, SECTOR ORGANIZATION, AND PERFORMANCE III. THE INCOMPLETE CONCEPTUAL FOUNDATIONS FOR REGULATORY REFORM A. Unbundling B. . . .

The 1996 Telecommunications Act: ten years later.(Telecommunications Act of 1996: Ten Years Later Symposium)
Like all legislation, the Telecommunications Act of 1996 ("1996 Act") was justified on the basis of the public interest. And as in many legislative processes, the public interest was interpreted by . . .

Ten years under the 1996 Telecommunications Act.(Telecommunications Act of 1996: Ten Years Later Symposium)
Approximately every two years, on average, Congress makes significant changes in the nation's rule of law governing the communications and media industries. Sometimes the changes express direct comm . . .

Editor's note.
Welcome to the Third and final Issue of the Federal Communications Law Journal Volume 58. While all Issues of the FCLJ provide important insight into communications law, this Issue is exceptional. . . .

Speak Softly and Carry a Big Stick: How Local TV Broadcasters Exert Political Power.(Book review)
Speak Softly and Carry a Big Stick: How Local TV Broadcasters Exert Political Power, J. H. Snider, New York: iUniverse, Inc. 2005, 592 pages. For the past eighteen years, I have worked for CBS. My . . .

Rethinking regulation of advertising aimed at children.
I. INTRODUCTION: A BRIEF HISTORY OF THE REGULATION OF ADVERTISING AIMED AT CHILDREN II. THE SCOPE OF THE CTA AND THE GOVERNMENT'S GENERAL PURPOSE IN PRESCRIBING COMMERCIAL LIMITS FOR . . .

An economic approach to the regulation of direct marketing.
I. INTRODUCTION II. THE GROWTH OF DIRECT MARKETING A. Public Reaction to Direct Marketing B. The Literature on Direct Marketing III. THE FRAMEWORK FOR ANALYSIS OF THE VOLUME PROBLEM . . .

Cable operators' Fifth Amendment claims applied to digital must-carry.
I. INTRODUCTION II. MUST-CARRY AND RETRANSMISSION CONSENT RULES A. Analog Must-Carry B. Analog Must-Carry Ru les Are Ctitutional C. Digital Must-Carry III. CABLE FIFTH AMENDMENT CLA . . .

Rethinking reform of the FCC: a reply to Randolph May.(Administrative Law Review, vol. 56, p. 1307, 2004)
I. INTRODUCTION II. RANDOLPH MAY'S CALL FOR AGENCY REFORM III. EXPLORING THE NEED FOR AGENCY REFORM XV. EXPANDING THE CONTEXTUAL SETTING OF THE REFORM DEBATE A. Previous FCC Decision . . .

Spread spectrum is good - but it does not obsolete NBC v. U.S.!
I. INTRODUCTION II. PURPOSE AND APOLOGY III. ANALYSIS A. Assertion One: Spread Spectrum Eliminates Interference B. Assertion Two: Signals Below the Noise Floor Are Harmless IV. . . .

Brand X and the Wireline Broadband Report and Order: the beginning of the end of the distinction between Title I and Title II se
I. INTRODUCTION II. EVOLUTION OF THE BOUNDARIES BETWEEN REGULATED AND UNREGULATED SERVICES A. Basic Versus Enhanced Services: The Computer Inquiry Line of Decisions B. The T . . .

New Television, Old Politics: The Transition to Digital TV in the United States and Britain.(Book Review)
New Television, Old Polities: The Transition to Digital TV in the United States and Britain, Hernan Galperin, New York, N.Y., Cambridge University Press, 2004, 311 pages. Hernan Galperin uses comp . . .

Toward a limited right of access to jury deliberations.
I. THE CONSTITUTION AND ACCESS TO JURY DELIBERATIONS II. THE JURY AND THE COMMON LAW III. NO DANGER: ABSOLUTE JURY PRIVACY IS A RELIC IV. PARAMETERS FOR A POSTVERDICT RIGHT OF ACCESS TO JURY . . .

Measuring media market diversity: concentration, importance, and pluralism.
I. INTRODUCTION II. ANALYZING PROMETHEUS A. The FCC Procedure for Deriving Cross-Media Limits 1. The Diversity Index 2. Consolidation Scenarios 3. The Cross-Media Limi . . .

A model for emergency service of VoIP through certification and labeling.
I. INTRODUCTION II. EXISTING MODELS FOR CERTIFICATION A. Theory and Practice of Certification B. Certification Examples 1. Underwriters Laboratories and Product Safety . . .