Law and Regulation of Common Carriers in the Communications Industry

By Daniel L. Brenner | Go to book overview

PREFACE

This book of cases and materials offers an overview of common carrier regulation and a review of leading policy initiatives. The focus is on federal regulation, principally the Federal Communications Commission (FCC), although state and international developments are also considered.

The dynamic pace of the communications industry in the past twenty- five years has required continuous updating of regulations. As technology changes, so must the government change the way it approaches regulation. The issues dealt with here are, in the author's view, the most significant ones in this rapidly changing field. Their study will provide the reader with a reasonable sample of the key policy issues confronting the FCC and those whose practice takes them before it. It is impossible to cover the entirety of the laws in this area. But the hope is that these materials will provide a structural overview to the field.

I wish to acknowledge Charles Firestone and Tracy Westin, who as previous directors of the UCLA Law School Communications Program helped to develop earlier versions of these materials. Thanks are due also to Howard Symons for his helpful suggestions in reviewing the manuscript; to Dayna Babikian and Christian Castle, who served as research assistants during the preparation of the first edition; to Tonya Bartley and Staci Pittman, who ably assisted in the preparation of this edition; and to the many students and colleagues who have influenced my thinking and who provided useful comments on the earlier edition. In particular, my own understanding of this field owes a great debt to the writings of Alfred Kahn of Cornell University.

I dedicate this book to the memory of Max Ross Brenner.

Daniel L. Brenner Washington, D.C.

-ix-

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Law and Regulation of Common Carriers in the Communications Industry
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface ix
  • 1 - Public Utility Theory 1
  • 2 - Title II Regulation 45
  • 3 - Federal/State Jurisdiction 63
  • 4 - Statutory Requirements: Just and Reasonable"; "Unreasonable Discrimination"" 79
  • 5 - Dominant/Nondominant Carriers; Forbearance 96
  • 6 - Price Caps 116
  • 7 - Divestiture of the Bell System 159
  • 8 - Line of Business Restrictions 168
  • 9 - The Local Exchange: Access and Competition 186
  • 11 - International Telecommunications 274
  • 12 - Privacy 283
  • 13 - Convergence 299
  • Appendix A: Telecommunications Glossary 311
  • Appendix B: Communications Act of 1934 317
  • About the Book and Author 348
  • Case Index (principal Cases) 349
  • Index 351
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