Federal Communications Law Journal

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

Articles from Vol. 53, No. 1, December

Communications Media and the First Amendent: A Viewpoint-Neutral FCC Is Not Too Much to Ask For
I. INTRODUCTION In the "new economy" driven by the telecommunications industry, the Federal Communications Commission ("FCC" or "Commission") is a busy agency. Given the myriad legal issues faced daily by Commission decisionmakers and the lack of...
Editor's Note
Welcome to the first issue of Volume 53 of the Federal Communications Law Journal. Our staff has several exciting initiatives in store for the Journal this year--in print, on the Web, and at the Indiana University-Bloomington School of Law--and we...
Increasing Telephone Penetration Rates and Promoting Economic Development on Tribal Lands: A Proposal to Solve the Tribal and State Jurisdictional Problems
I. INTRODUCTION The Telecommunications Act of 1996(1) ("1996 Act") instructed the Federal Communications Commission ("FCC" or "Commission") to ensure that all Americans have access to affordable telecommunications services.(2) Consistent with that...
The FCC and Section 312(a)(7) of the Communications Act of 1934: The Development of the "Unreasonable Access" Clause
I. INTRODUCTION On September 7, 1999, the Federal Communications Commission ("FCC" or "Commission") issued a Memorandum Opinion and Order in which it ruled "that a broadcast station should not be allowed to refuse a request for political advertising...
The FCC's Financial Qualification Requirements: Economic Evaluation of a Barrier to Entry for Minority Broadcasters
I. INTRODUCTION In 1965, the Federal Communications Commission ("Commission" or "FCC") articulated certain financial requirements that applicants for broadcast licenses must satisfy. Specifically, applicants had to show they had sufficient funds...
The FCC's Implementation of the 1996 Act: Agency Litigation Strategies and Delay
I. INTRODUCTION Since it began promulgating rules to implement the local competition provisions of the Telecommunications Act of 1996 ("1996 Act"),(1) the Federal Communications Commission ("Commission" or "FCC") has been under attack in the courts....
The Rights of Common Carriers and the Decision Whether to Be a Common Carrier or a Non-Regulated Communications Provider
I. INTRODUCTION A new communications venture can sometimes choose between (1) accepting regulation as a common carrier, or (2) avoiding regulation almost entirely by providing service as a private carrier or an enhanced service provider. Because...
Too Much Power, Too Little Restraint: How the FCC Expands Its Reach through Unenforceable and Unwieldy "Voluntary" Agreements
Those who really deserve praise are the people who, while human enough to enjoy power, nevertheless pay more attention to justice than they are compelled to do by their situation. -- Thucyclides I. INTRODUCTION The character of a regulatory...
Universal Service High-Cost Subsidy Reform: Hindering Cable-Telephony and Other Technological Advancements in Rural and Insular Regions
I. INTRODUCTION Policymakers advanced the concept of universal service in an effort to ensure that all United States citizens receive widespread access to affordable telecommunications services. In developing the initiative, the Federal Communications...

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