Regulating Indecency: The Federal Communication Commission’s Threat to the First Amendment

This paper is adapted from a talk given by the author at Duke University School of Law on April 6, 2005. The author argues that the Federal Communication Commission\u27s recent crackdown on television indecency poses a significant threat to First Amendment protections by (1) limiting television viewers\u27 freedom of choice and (2) implying the possibility of punishment for failure to cooperate with the political objectives of the governing party

The Ineluctable Modality of Broadband

To encourage growth in the flagging information, communications, and technology sector, the FCC recently laid out a new broadband policy. This Essay argues that the current FCC plan is unlikely to create adequate scale and scope for broadband to offer stability to the industry. Instead of duplicating infrastructure by encouraging both telephony and cable firms to build broadband networks in the same communities, the FCC should favor shared use of access networks by competing service providers. Competition based on customer service and innovation will allow the industry to grow rapidly again; but the large capital investments required for redundant access networks might destroy value for many firms. A new national universal service plan for broadband that linked all homes to a big broadband network would ensure that customer demand grows. With such a network, all Americans could join the online community, and the increased number of users and consequent growth in potential demand for services would further encourage technological innovation

WIRELESS: THE COMMON MEDIUM OF CONVERSATION

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Communications Policy for 2006 and Beyond

In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property inputs, overhauling universal service, assigning greater jurisdictional authority to federal regulators, and significantly reorganizing the FCC. The Authors argue that the timely implementation of these policies is crucial for achieving United States telecommunications policy goals

Communications Policy for 2006 and Beyond

In this Article, the Authors propose sweeping changes to the current telecommunications regulatory regime. With impending reform in telecommunications laws, the Authors argue that an important first step is the creation of a bipartisan, independent commission to examine and recommend implementation of more market-oriented communications policy. Through maximizing the operation of the markets, the authors argue that communications policy will better serve its goals of increasing business productivity and consumer welfare through the better services and lower prices. Important steps to achieve optimal market operation include deregulating retail prices where multifirm competition is available, minimizing the cost of public property inputs, overhauling universal service, assigning greater jurisdictional authority to federal regulators, and significantly reorganizing the FCC. The Authors argue that the timely implementation of these policies is crucial for achieving United States telecommunications policy goals