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Telecommunications Law Overview<br />January 27, 2011 – Professor Jack Lerner<br />Guest lecturer: Lisa Borodkin<br />
Background - Radio<br />Ship to Ship Radiotelegraphy (37 Stat. 302 1912)<br />Radio Act of 1928<br />
Communications Act of 1934<br />Created FCC<br />5 Commissioners<br />Appointed by the President<br />One chief<br />
Expansion to Television <br />The FTC Act was held to cover television in the 1950s<br />Broadcast<br />Cable<br />Satelli...
Title III Broadcast regulation<br />To grant licenses to promote “public convenience, interest or necessity.” 47 U.S.C. § ...
Red Lion Broadcasting Co. V. FCC, 395 U.S. 367 (1969)<br />First Amendment rights<br />“personal attack” rule<br />1 week ...
Common Carrier/Enhanced Services Distinction<br />Basic Services – “Plain Old Fashioned Telephone” regulated tariffs<br />...
MCI v. AT&T, 512 U.S. 218 (1994)<br />Found that the FCC could not use discretion to tailor the Act and apply it to non-do...
Rationale of the 1996 Act<br />Reduce barriers to entry, deregulate and promote competition<br />Added new sections 251 to...
Title II of the 1996 Act<br />8 year limit on broadcast license (shortened from 15) Section 203<br />Allows for reconsider...
Unbundling necessary network elements requirement<br />Network elements are the physical wire loop from the telephone exch...
FCC’s Power - to Revoke License<br />False statements<br />Failed to operate within license<br />Failed to provide access ...
Satellite – Section 205<br />Jurisdiction over direct-to-home satellite<br />Criminalizes interception and decryption of d...
V-Chip technology -1988<br />Requires tvs greater than 13” to have V-chip technology to allow parents to block out violent...
Trends – Deregulation because scarcity less of an issue<br />Light regulation of IP-based services<br />Packet-switching t...
Network self-governance<br />ICAAN – Network solutions<br />Dispute resolution over domain names<br />TLD Registrars<br />...
Private Rights of Action<br />Violation of 47 U.S.C. Section 605<br />Violation of 47 U.S.C. Section 553<br />
IPTV Issues<br />Google TV<br />Apple TV<br />Content Providers under no obligation to provide content<br />Hulu<br />Fox ...
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01 27 11 telecom law

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01 27 11 telecom law

  1. 1. Telecommunications Law Overview<br />January 27, 2011 – Professor Jack Lerner<br />Guest lecturer: Lisa Borodkin<br />
  2. 2. Background - Radio<br />Ship to Ship Radiotelegraphy (37 Stat. 302 1912)<br />Radio Act of 1928<br />
  3. 3. Communications Act of 1934<br />Created FCC<br />5 Commissioners<br />Appointed by the President<br />One chief<br />
  4. 4. Expansion to Television <br />The FTC Act was held to cover television in the 1950s<br />Broadcast<br />Cable<br />Satellite<br />IPTV<br />“known or unknown, hereafter devised”<br />
  5. 5. Title III Broadcast regulation<br />To grant licenses to promote “public convenience, interest or necessity.” 47 U.S.C. § 307(2), 309(a) <br />Prescribe the nature of service<br />Assign Frequencies<br />Determine location of stations<br />Prescribe qualifications of station operators<br />No License can be granted to a foreign citizen – (310(a),(b))<br />
  6. 6. Red Lion Broadcasting Co. V. FCC, 395 U.S. 367 (1969)<br />First Amendment rights<br />“personal attack” rule<br />1 week to respond<br />Rationale was dominance of broadcast media and ability to drown out other voices<br />
  7. 7. Common Carrier/Enhanced Services Distinction<br />Basic Services – “Plain Old Fashioned Telephone” regulated tariffs<br />Anything else, circa 1980 – “Enhanced” not regulated<br />To be enhanced, can merely be subscriber interaction with stored information – e.g. 976 billing service for adult telephone service<br />Enhanced services were deregulated and approved by the 11th Circuit – 1982<br />But the 9th Circuit found preemption invalid - 1990<br />
  8. 8. MCI v. AT&T, 512 U.S. 218 (1994)<br />Found that the FCC could not use discretion to tailor the Act and apply it to non-dominant exchange carriers like MCI<br />One a service was found to have common carrier status, the full regulation of the Act applied, including tariff regulation<br />
  9. 9. Rationale of the 1996 Act<br />Reduce barriers to entry, deregulate and promote competition<br />Added new sections 251 to 261 to Title II<br />Imposed duties on Incumbent Local Exchange Carriers (“ILEC”)<br />Duty to interconnect<br />Duty to resell on nondiscriminatory basis<br />Duty to share networks<br />
  10. 10. Title II of the 1996 Act<br />8 year limit on broadcast license (shortened from 15) Section 203<br />Allows for reconsideration of incumbent without considering competing applications (Sec. 204)<br />Lapse if broadcaster fails to transmit for 1 year<br />
  11. 11. Unbundling necessary network elements requirement<br />Network elements are the physical wire loop from the telephone exchange to the customer’s premises<br />Think about competition for long distance services<br />
  12. 12. FCC’s Power - to Revoke License<br />False statements<br />Failed to operate within license<br />Failed to provide access to political candidates<br />Used license to distribute controlled substance<br />
  13. 13. Satellite – Section 205<br />Jurisdiction over direct-to-home satellite<br />Criminalizes interception and decryption of direct to home satellite broadcast<br />
  14. 14. V-Chip technology -1988<br />Requires tvs greater than 13” to have V-chip technology to allow parents to block out violent, sexual or other programming<br />
  15. 15. Trends – Deregulation because scarcity less of an issue<br />Light regulation of IP-based services<br />Packet-switching technology replacing circuit switched<br />Reno v. ACLU, 521 U.S. 844 (1997)<br />Refused to apply Red Lion to the Internet<br />Because it was not characterized by scarcity<br />Struck down part of the Communications Decency Act as unconstitutional (Section 230)<br />
  16. 16. Network self-governance<br />ICAAN – Network solutions<br />Dispute resolution over domain names<br />TLD Registrars<br />Enforcement Issues<br />Conflict of laws - .ly<br />COICA – U.S. Customs<br />
  17. 17. Private Rights of Action<br />Violation of 47 U.S.C. Section 605<br />Violation of 47 U.S.C. Section 553<br />
  18. 18. IPTV Issues<br />Google TV<br />Apple TV<br />Content Providers under no obligation to provide content<br />Hulu<br />Fox withholding content from IPTV<br />

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