CONTENTS Part One. Spectrum and Broadcast

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1 Table of Materials... xv Copyright Permissions...xix Preface...xxi Part One. Spectrum and Broadcast... 3 Chapter 1. Why Regulate Introduction Defining Spectrum The Early History of Broadcast Rationales for Regulation Scarcity/Interference Coase, Why Not Use the Pricing System in the Broadcast Industry? Special Interest Protectionism Hazlett, The Rationality of U.S. Regulation of the Broadcast Spectrum Consumer Preferences Chapter 2. The FCC Introduction A Regulatory Overview The Federal Communications Commission An Overview of Spectrum Management Regulatory Tradeoffs and Allotment Chapter 3. Zoning the Spectrum Introduction Command and Control Making Room for PCS Redevelopment of Spectrum to Encourage Innovation in the Use of New Technologies Authorizing Satellite Radio Establishment of Rules and Policies for the Digital Audio Radio Satellite Service Band Dedicating Spectrum to Unlicensed Uses The Spectrum Policy Task Force Report Spectrum Policy Task Force Report Academic Commentary Benkler, Some Economics of Wireless Communications Alternative Approaches Authorizing Additional Licensed Uses Unlicensed Secondary Services Spectrum Leasing and Private Commons Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets vii

2 viii Chapter 4. Structuring and Assigning Licenses Introduction License Renewal and Transfer License Renewal License Transfer Changes in the Entertainment Formats of Broadcast Stations FCC v. WNCN Listeners Guild Merit-Based Hearings Uncontested Initial Assignment Hearings H.E. Studebaker Charles Henry Gunthorpe, Jr Comparative Initial Assignment Hearings FCC Policy Statement on Comparative Broadcast Hearings Licensing Case Study Application of Simon Geller Special Considerations for Racial Minorities and Women Metro Broadcasting, Inc. v. FCC Lutheran Church Missouri Synod v. FCC Transition to Lotteries, Auctions Reform of the Licensing Process Prevention of Abuses of the Renewal Process Lotteries and Auctions Kwerel and Felker, Using Auctions to Select FCC Licensees Initial Assignment by Auction Implementation of Section 309(J) of the Communications Act Competitive Bidding for Commercial Broadcast Licenses Bankruptcy and the Limits of FCC Authority Nextwave Personal Communications v. FCC Chapter Five. Public Trustee Obligations Introduction The Fairness Doctrine and Related Obligations The Fairness Doctrine Miami Herald Publishing Co. v. Tornillo Red Lion Broadcasting Co. v. FCC Fairness Doctrine Report Complaint of Syracuse Peace Council The Personal Attack and Political Editorial Rules Political Broadcasting Request of ABC, Inc. for Declaratory Ruling Request for Declaratory Ruling of National Association of Broadcasters Regarding Section 312(A)(7) of the Communications Act Petition for Reconsideration by People for the American Way and Media Access Project of Declaratory Ruling Regarding Section 312(A)(7) of the Communications Act The Scarcity Rationale in Other Media Time Warner Entertainment Co. v. FCC (1996) Time Warner Entertainment Co. v. FCC (1997) Indecent Broadcasts FCC v. Pacifica Foundation Action for Children s Television v. FCC [ACT III]

3 ix Complaints Against Various Broadcast Licensees Regarding Their Airing of the Golden Globe Awards Program Complaints Against Various Television Licensees Regarding Their Broadcast on November 11, 2004 of the ABC Television Network s Presentation of the Film Saving Private Ryan Complaints Regarding Various Television Broadcasts Between February 2, 2002 and March 8, Televised Violence and Blocking Unwanted Material Children s Television Children s Television Programming and Advertising Practices Policies & Rules Concerning Children s Television Programming (1991) Policies & Rules Concerning Children s Television Programming (1996) Commercialization, Ascertainment, and Other Rules Deregulation of Commercial Television, Report and Order Chapter Six. Digital Television Introduction Making Room for HDTV Advanced Television Systems (1991) Choosing A Standard Advanced Television Systems (1996) Rules For DTV Spectrum Advanced Television Systems (1997) Hastening the Transition Public Interest Obligations Final Report of the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters Chapter Seven. Structural Limitations Introduction Television Networks and Vertical Integration Schurz Communications v. FCC Ownership Restrictions Prometheus Radio Project v. FCC Part Two. The Emerging Video Marketplace Chapter Eight. Foundations Introduction The MVPD Competitive Landscape Paying for Television Coase, Why Not Use the Pricing System in the Broadcast Industry? Why Regulate: Natural Monopoly Why Regulate: Implications for Broadcast Besen and Crandall, The Deregulation of Cable Television Home Box Office (HBO) v. FCC Who Regulates Cable Television Time Warner Entertainment Co. v. FCC Chapter 9. Shared Content Introduction Programs in Isolation Copyright Law

4 x Syndicated Exclusivity and Network Nonduplication United Video v. FCC Direct Broadcast Satellite CBS Broadcasting v. Primetime The Satellite Television Act of Programs Grouped into Signals First Amendment Challenges to Cable Must-Carry Turner Broadcasting System Inc. v. FCC [Turner I] Turner Broadcasting System Inc. v. FCC [Turner II] First Amendment Challenges to DBS Must-Carry Satellite Broadcasting & Communications Ass n v. FCC Must-Carry and the Digital Transition Carriage of Digital Television Broadcast Signals, Second Report and Order Chapter 10. Structural Limitations Introduction Protecting Program Suppliers Time Warner Entertainment Inc. v. FCC Regulation of Program Supply Contracts The Program Access Rules Development of Competition and Diversity in Video Programming Distribution and Carriage, First Report and Order Extension of the Program Access Rules Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order Extension of the Program Access Rules to DirecTV General Motors Corp. and Hughes Electronic Corp., Transferors, and News Corp. Ltd., Transferee Chapter 11. Emerging Issues in the Video Marketplace Introduction Choice Is More Always Good? Sunstein, The First Amendment in Cyberspace Posner, Bad News The Commission on Cable à la Carte Further Report on the Packaging and Sale of Video Programming Services to the Public Price Discrimination Digital Copyright American Library Association v. FCC Chapter 12. Indecency Revisited Introduction Cruz v. Ferre Cruz v. Ferre Denver Area Denver Area Educational Telecommunications Consortium, Inc. v. FCC United States v. Playboy Entertainment Group, Inc United States v. Playboy Entertainment Group, Inc

5 xi Part Three. Telephone Regulation Chapter 13. An Introduction to Telephone Regulation Introduction Telephone History Infrastructure and Intuitions Telephone System Vocabulary Telephone Economics Telephone Regulation Categories of Regulation Who Regulates Chapter 14. Defining the Telephone Monopoly Introduction Precursors to Divestiture Competition in CPE Huber, Kellogg, and Thorne, Federal Telecommunications Law Competition in Long Distance Telephony Communications and Computer Convergence Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications Breaking up Bell: The 1984 Divestiture The MFJ United States v. American Telephone and Telegraph Co Notes on the Government s Theory Monopoly Boundaries After Divestiture Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications Chapter 15. Rate Regulation and Universal Service Introduction Rate Regulation Rate of Return Regulation Price Cap Regulation Policy and Rules Concerning Rates for Dominant Carriers Rate Regulation as Markets become Competitive Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications Universal Service Origins Ramsey Pricing Universal Service After Divestiture Chapter 16. The Telecommunications Act of Introduction The Local Competition Provisions Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, First Report and Order Jurisdiction to Implement the 1996 Act Local Competition, National Regulation United States Telecom Association v. FCC (USTA II)

6 xii Case Studies Nixon v. Missouri Municipal League AT&T Communications of Illinois v. Illinois Bell Chapter 17. Unbundling, Interconnection, and Line-of-Business Regulation Under the 1996 Act Introduction Identifying UNEs Iowa Utilities Board AT&T Corporation v. Iowa Utilities Board After Iowa Utilities Board United States Telecom Association v. FCC (USTA II) In Response to USTA II Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers Pricing Network Elements Verizon Communications Inc. v. FCC Review of the Commission s Rules Regarding the Pricing of Unbundled Network Elements Interconnection Developing a Unified Intercarrier Compensation Regime (2001) Developing a Unified Intercarrier Compensation Regime (2005) BOC Line of Business Restrictions Chapter 18. Universal Service and Access Charge Reform Under the 1996 Act Introduction Universal Service Reform FCC News Release: Joint Board Adopts Universal Service Recommendations Federal-State Joint Board on Universal Service (1997) Access Charge Reform Access Charge Reform, First Report and Order Federal-State Joint Board on Universal Service (2004) Part Four. The Internet and Advanced Services Chapter 19. The Internet Introduction The History and Architecture of the Internet Internet Regulation The Principles of Internet Unregulation A Framework for Global Electronic Commerce Regulation of Indecency Sable Communications of California, Inc. v. FCC Regulations Concerning Indecent Communications by Telephone Reno v. ACLU Ashcroft v. ACLU Copyright Infringement MGM Studios, Inc. v. Grokster Chapter 20. Advanced Services Introduction Advanced Services Under Section

7 xiii Inquiry Concerning the Deployment of Advanced Telecommunications Availability of Advanced Telecommunications Capability in the United States Unbundling, Interconnection, and Advanced Services Intercarrier Compensation for ISP-Bound Traffic Regulating DSL and Cable Modem Services AT&T v. City of Portland National Cable & Telecommunications Ass n v. Brand X Internet Services Appropriate Framework for Broadband Access to the Internet over Wireline Facilities (2002) Network Neutrality Appropriate Framework for Broadband Access to the Internet over Wireline Facilities (2005) Atkinson and Weiser, A Third Way on Network Neutrality Voice over Internet Protocol (VoIP) Petition for Declaratory Ruling that pulver.com s Free World Dialup is Neither Telecommunications nor a Telecommunications Service Petition for Declaratory Ruling that AT&T s Phone-to-Phone IP Telephony Services are Exempt from Access Charges, Order American Council on Education v. FCC Competition in Telephony and Advanced Services Part Five. Epilogue Chapter 21. Antitrust and Merger Review in Telecommunications Introduction Merger Enforcement and Telecommunications Regulation Background on Merger Policy The SBC/Ameritech Proceeding Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, for Consent to Transfer Control of Licenses and Lines Pursuant to Sections 214 and 310(D) of the Communications Act Separate Statement of Commissioner Harold Furchtgott-Roth Statement of Commissioner Michael K. Powell Reforming the FCC s Merger Review Process Statement of Chairman William E. Kennard Statement of Commissioner Harold Furchtgott-Roth The FCC s Own Institutional Reforms The Elusive Effort to Restrict Merger Review Authority FCC Approves SBC/AT&T and Verizon/MCI Mergers Antitrust in a Regulatory Thicket Verizon v. Law Offices of Curtis v. Trinko Statutory Appendix Conceptual Index and Telecommunications Glossary

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