Communications Law in the Public Interest


Book Description

Looking through a historical lens, this new casebook examines the evolution of telecommunication law, policy, and technology from the telegraph to the Internet. It examines six key industries: broadcast, cable TV, telephone, satellite, wireless, and the Internet. The book’s novel format begins with introductory chapters analyzing the nature of spectrum and regulation of spectrum-based services and the history and technology that link the regulation of telegraph-to-telephone-to-the-Internet. This casebook analyzes conceptions of the public interest as defined by statute, case law, and FCC and state decision-making. It contrasts the legal and economic standards used by antitrust law as compared to communications law. It examines telecommunication regulation through the lens of five key concepts: functionality, ownership or licensing, access, speech, and the public interest. The casebook offers projects and hypotheticals that support analysis of issues from the perspective of constitutional, administrative and communications law, as well as statutory issues raised by communications and information technology regulation. Professors and students will benefit from: A mix of theoretical and practical readings that build understanding of telecommunications technology, law, and regulation. A format friendly to both in-person and online teaching and study. Offering a combination of text, PowerPoint slides, links to video materials, and commentary that can be shared with students or used by the professor, the casebook includes projects students can generate and share through a live or online class. Historical perspective of federal and state communications policy beginning with the creation of the telegraph system, through the evolution and growth of the telephone system, the growth of broadcasting, cable, and satellite, and the growth of the Internet and Internet of Things. Knowledge and skills to recognize and litigate statutory, constitutional, Administrative Procedures Act, and other legal issues. Legislative and regulatory drafting, analysis, and decision-making skills, consistent with legal standards. Case and regulatory analysis, questions and projects that support writing, experiential, or exam-based courses and the production of student papers and presentations. Student skill-building to file comments in FCC and state communications regulatory decision-making dockets, and to file amicus briefs for legal cases.




Communications


Book Description




Regulatory Reform in the United States


Book Description

The United States has been a world leader in regulatory reform for a quarter century. Contrary to popular belief, the United States is not less regulated than other countries, but differently regulated due to the pro-competition policy stance of federal regulatory regimes, and the openness and contestability of regulatory process. Far-reaching economic deregulation combined with efforts to improve the quality of social regulation have supported the construction of one of the most innovative, flexible and open economies in the OECD, while maintaining health safety and environmental standards at relatively high levels. However, significant regulatory problems still exist. Improving the performance and cost-effectiveness of expensive social regulations and government formalities is a key challenge for regulatory quality. In a word, the challenge of regulatory reform in the United States is not how much regulation, but how good. The United States is one of the first OECD countries to request a broad review by the OECD of its national regulatory practices and domestic regulatory reforms. This report--the result of intensive assessment by the OECD and review by its Member countries--is unique in that it presents an integrated assessment of regulatory reform in framework areas such as the macroeconomic context, the quality of the public sector, competition policy and enforcement; and integration of market openness principles in regulatory processes, and in sectors such as electricity and telecommunications. The policy recommendations present a balanced plan of action for both short and longer-term based on best international regulatory practices.




Media Regulation, Public Interest and the Law


Book Description

Regulation of the media has traditionally been premised upon claims of 'the public interest', yet the term itself remains contested and generally ill defined. In the context of technological development and convergence, as well as corporate conglomeration, traditional 'public service' values in British broadcasting are challenged by market values. With such ongoing trends continuing apace, regulators must increasingly justify their interventions.The communication industries' commercialisation and privatisation pose a fundamental threat to democratic values. Media Regulation, Public Interest and the Law argues that regulators will only successfully protect such values if claims associated with 'citizenship' are recognised as the rationale and objective for the regulatory endeavour. While such themes are central to the book, this second edition has been substantially revised and updated, to take account of matters such as European Directives, the UK's Communications Act 2003, the process of reviewing the BBC's Charter, and relevant aspects of the reform of general competition law.Key Features*Identifies and examines the rationales underlying media regulation and the current challenges to them.*Considers fully the actual and potential utility of legal mechanisms and principles in the design and activities of regulatory institutions.*Fully updated to take account of the European Union's 2002 New Regulatory Framework and the UK's Communications Act 2003.*Accessible to a wide readership in media studies, journalism, broadcasting and law.Praise for the First Edition"e;A detailed and critical assessment of the problems and confusions of recent media regulation in the UK including digital television franchising and the Broadcasting Complaints Commission... it is well organised, and should be a useful resource for more advanced students and academics...for updating the public regulation case with vigour and clarity this book is to be welcomed."e;THES







Essential Principles of Communications Law


Book Description

Rapid changes in communications technology continue to characterize the industry and to necessitate repeated redefinition of the legal structures and issues which must respond to these changes. Donald E. Lively's in-depth study of communications law clarifies its basic concepts and principles. He provides a thorough survey of the press as it was originally perceived by the Constitution and how its profile has changed due to the sophisticated nature of today's media. The book shows how broadcasting, cable, and common carriage disperse a wide range of information--requiring continual monitoring to preserve the balance between responsibility and freedom of the press. This complex issue is first studied from a broad conceptual perspective that reviews the original constitutional and non-constitutional concerns of the first amendment, followed by an analysis of how the structures of the newspaper, broadcasting, cable and common carrier industries have been regulated, and concludes with a history and evaluation of the guidelines which restrict the quantity and quality of content. The identification of trends in the ownership of twentieth century information sources and the effect of the current decentralization of ownership on the public's access to information are fully examined, and the law's continually evolving attention to the changing dynamics within the industry evaluated for the present and projected for the future.