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Federal Communications Law Journal

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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 . . .

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 . . .

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 . . .

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 . . .

Why stovepipe regulation no longer works: an essay on the need for a new market-oriented communications policy.
I. INTRODUCTION II. THE EXISTING REGULATORY FRAMEWORK: VERTICAL STOVEPIPES BASED ON TECHNO-FUNCTIONAL DISTINCTIONS III. THE PROBLEM: DIGITAL TECHNOLOGY AND ABUNDANT BANDWlTH . . .

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 . . .

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 . . .

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 . . .

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 . . .

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 . . .

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 . . .

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 . . .

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. . . .

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 . . .

Communications policy for 2006 and beyond.
I. INTRODUCTION II. ACCESS NETWORK COMPETITION A. Spectrum Policy to Develop Access Networks B. Access Network Competition and Unbundling C. Competing Access Networks Require . . .

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. . . .

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. . . .

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 . . .

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 . . .

Costs and consequences of federal telecommunications regulations.
I. INTRODUCTION II. THE BASICS: EFFECTS OF ECONOMIC REGULATION A. Below Competitive Prices B. Above Competitive Prices C. Inflated Costs D. Stifled Innovation and . . .

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