Academic journal article Federal Communications Law Journal

Editor's Note

Academic journal article Federal Communications Law Journal

Editor's Note

Article excerpt

Welcome to the first Issue of Volume 67 of the Federal Communications Law Journal, the nation's premier communications law journal and the official journal of the Federal Communications Bar Association.

In our first article, George S. Ford and Lawrence J. Spiwak take a detailed look at the implications of classifying broadband as a Title II service. Ford and Spiwak conclude that reclassification creates a new termination market in which edge providers are the customers of Broadband Service Providers ("BSPs"). Under Section 203 of the Communications Act, BSPs would be required to tariff their termination service at a nonzero rate. Because the Commission has determined that BSPs are "terminating monopolists," it would be unable to forebear from enforcing the tariffing requirement.

In our second article, Christopher J. Wright discusses the FCC's ancillary jurisdiction after the D.C. Circuit's decision in Verizon v. FCC. Wright reviews the evolution of the ancillary jurisdiction doctrine over the years, culminating in D.C. Circuit Judge David Tatel's test in Comcast v. FCC, which stipulated that the FCC must both identify an express delegation of ancillary authority" beyond a mere "policy statement," and show that its regulation is not inconsistent with the principles embodied in the Communications Act. Wright argues that, as applied in Verizon, the Comcast test may require the FCC to specify a provision reflecting a congressional anticipation of new technology, which could prove to be a substantial limitation on ancillary jurisdiction.

In our third article, Steven Tepp reviews the Supreme Court's decision in American Broadcasting Companies v. Aereo. In his piece, Tepp analyzes the legal background leading up to the Aereo decision, and explains Aereo's technology and business model. …

Search by... Author
Show... All Results Primary Sources Peer-reviewed

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.