Federal Communications Law Journal

Trade journal covering communications law. Published in cooperation with the Indiana University School of Law, Bloomington.

Articles from Vol. 61, No. 1, December

An Oligopoly Analysis of AT&T's Performance in the Wireline Long-Distance Markets after Divestiture
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...
Are Regulators Forward-Looking? the Market Price of Copper versus the Regulated Price of Mandatory Access to Unbundled Local Loops in Telecommunications Networks
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 ...
Did AT&T Die in Vain? an Empirical Comparison of AT&T and Bell Canada
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 I. INTRODUCTION Did the divestiture...
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 Federal Communications Bar Association. The new staff...
Essential Facilities and Trinko: Should Antitrust and Regulation Be Combined?
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...
"Fleeting Expletives" Are the Tip of the Iceberg: Fallout from Exposing the Arbitrary and Capricious Nature of Indecency Regulation
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...
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 Sales Rule and the Do-Not-Call Implementation...
Reexamining the Legacy of Dual Regulation: Reforming Dual Merger Review by the DOJ and the FCC
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 ...
The AT&T Consent Decree: In Praise of Interconnection Only
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 I....
The Bell System Divestiture: Background, Implementation, and Outcome
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 started with the Bell patent in 1878. Telephones...
The Decline and Fall of AT&T: A Personal Recollection
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...
The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective
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 HONORABLE RICHARD A. POSNER IV. STRUCTURAL SEPARATION...
Toward a Unified Theory of Access to Local Telephone Networks
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....
Will Access Regulation Work?
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...