Editor's Note

By Holmes, Dennis W. | Federal Communications Law Journal, January 2013 | Go to article overview

Editor's Note


Holmes, Dennis W., Federal Communications Law Journal


This summer, the Federal Communications Bar Association selected the George Washington University Law School as the new host institution for the Federal Communications Law Journal ("FCLJ"). We are honored to hold this distinction. On behalf of the George Washington FCLJ team, I would like to thank everyone at the University of Indiana's Maurer School of Law, who worked tirelessly to produce the FCLJ over the years. We have big shoes to fill, and Indiana's editorial board has helped us make a smooth transition.

We are excited to take advantage of all that the Washington, D.C. area has to offer the FCLJ, such as the Federal Communications Commission ("FCC"), the Federal Communications Bar Association, and many of the nation's communications attorneys. We would like to extend special thanks to the Chairman of the FCC, Julius Genachowski, for speaking at our inaugural reception, and to the members of the Washington-area communications law community for their overwhelming support.

The issue opens with an article by David Opderbeck, professor of law at Seton Hall University, discussing cybersecurity reform and the executive power to shut down all or part of the Internet in the event of a cyber-emergency or cyberwar. Professor Opderbeck evaluates the language, history, and application of section 606 of the Communications Act of 1934, and argues that cybersecurity reform should include explicit executive emergency powers with clear and appropriate limitations.

Next, Frank W. Krogh, a telecommunications regulatory attorney at Wilkinson Barker Knauer, LLP, discusses the judicial review of the FCC's denial of streamlined tariff protests. Mr. Krogh argues that judicial review should be available to parties who unsuccessfully challenge streamlined LEC tariffs because the damages immunity conferred by such protest denials cannot be remedied by either courts or the FCC.

Then, T. …

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