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1 PREFACE TO FIFTH EDITION... i ACKNOWLEDGEMENTS... iii SUMMARY OF CONTENTS... v TABLE OF CONTENTS... VII CHAPTER 1: POWER... 1 A. Technological Power Signals... 5 a. Signals Explained... 5 b. Signal Types: Analog or Digital Channels a. Wireless Systems b. Wireline Systems B. Economic Power The Story of Competition The Story of Monopoly C. Legal Power Congress a. Communications Act b. Antitrust Law Agencies a. The FCC b. Other Agencies Courts Federalism a. Federal / State Divide b. State Public Utilities Commissions c. Global Structures vii

2 viii CHAPTER 2: ENTRY A. Broadcast Technology Context Spectrum Scarcity NBC v. United States Red Lion Broadcasting Co. v. FCC Miami Herald Publishing Co. v. Tornillo B. Telephony Technology Context Common Carriage NW Tel. Exchange Co. v. City of St. Charles Note: Natural Monopoly Note: Mobile Telephony C. Cable Television Technology Context Medium Scarcity Community Communications Co. v. Boulder Preferred Communications v. Los Angeles Note: Distributing Scarce Resources CHAPTER 3: PRICING A. Telephony Setting Prices a. Mapping the Players b. Reviewing the Methods Challenging Prices: Administrative Rationality USTA v. FCC Subsidizing Prices a. Before 1996: Implicit Subsidies b. After 1996: Explicit Subsidies Note: Connect America Fund

3 ix B. Cable Television Setting Prices Challenging Prices: First Amendment Time Warner Entertainment Co., L.P. v. FCC. 198 CHAPTER 4: ACCESS A. Broadcast TV Access to the Station: Fairness Doctrine Access to the Broadcast Network Note: Financial Syndication Rules (FinSyn) Note: Other Checks on Network Dominance B. Cable Television Access to the Cable System a. Must-carry Turner Broadcasting v. FCC Note: Rise of Retransmission Consent Note: Cable and Broadcast TV Relations b. Public, Educational, Government Channels c. Leased Access Time Warner Entertainment Co. v. FCC Access to the Multiple System Operator C. Direct Broadcast Satellite Technology Context Access to the DBS System a. Must-carry? b. PEG Channels or Leased Access? Time Warner Entertainment Co. v. FCC Time Warner Entertainment Co. v. FCC D. Telephony Breakup of AT&T Access to the Local Exchange a. Promoting Local Exchange Competition b. Intercarrier Compensation

4 x E. Internet Technology and Context Kevin Werbach, Digital Tornado: The Internet and Telecommunications Policy Access to Broadband Internet a. The Problem Tim Wu, Why Have a Telecommunications Law? Anti-Discrimination Norms in Communications b. The FCC s response Protecting and Promoting the Open Internet USTA v. FCC Note: Neutrality Deeper in the Cloud CHAPTER 5: CLASSIFICATION A. Cable Television United States v. Midwest Video Corp. (Midwest Video I) FCC v. Midwest Video Corp. (Midwest Video II) B. Dial-up Internet Telecommunications Service or Information Service Dial-up Internet as Information Service C. Broadband Internet Technology and Context Advanced Telecommunications Capability Broadband Internet as Information Service Note: Cable Modem Service as Hybrid Service? High-Speed Access to the Internet over Cable. 390 NCTA v. Brand X Unintended Consequences: Access Comcast v. FCC Verizon v. FCC

5 xi 4. Broadband Internet as Telecommunications Service Protecting and Promoting the Open Internet USTA v. FCC (continued) D. Cross Platform Services VoIP Vonage Petition Next Generation Video Programming Office of Consumer Counsel v. AT&T CHAPTER 6: BAD CONTENT A. Indecency Broadcast FCC v. Pacifica Action for Children s Television v. FCC Note: Shifting Indecency Policies Telephony FCC v. Sable Communications of California Note: Dial-a-porn Regulations Cable Cruz v. Ferre United States v. Playboy Entertainment Group Internet Reno v. ACLU Ashcroft v. ACLU Note: Children s Internet Protection Act B. Privacy Telephony Bartnicki v. Vopper NCTA v. FCC Cable TV Scofield v. Telecable of Overland Park, Inc Internet Joffe v. Google

6 xii Protecting the Privacy of Customers of Broadband and Other Telecommunications Services CHAPTER 7: INTERMEDIARY LIABILITY A. Before 47 U.S.C Note: Defamation Law Cubby v. CompuServe Stratton Oakmont v. PRODIGY Services Co B. After 47 U.S.C Expansion Zeran v. America Online Blumenthal v. Drudge Contraction Chicago Lawyers Committee for Civil Rights v. Craigslist, Inc Fair Housing Council of San Fernando Valley v. Roommates.com

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