From AT&T to Brand X Declining Checks and Balances in an Increasingly Complex Marketplace

When President Clinton signed the Telecommunications Act of 1996, he used the same pen that President Eisenhower used to sign legislation for the Interstate Highway system into law. It was a fitting analogy. In the same way that the interstate road system was expected to open up interstate commerce, the Internet system was expected to open up electronic commerce. In signing the 1996 legislation into law, President Clinton and Congress were updating the regulatory and legislative framework to adapt it to the new realities and opportunities provided by the Internet. The legislation noted that broadband access to the Internet was critical to the continued economic vitality of the United States. In contrast to the success of the Interstate Highway system, however, broadband adoption in the United States has lagged behind that of other developed nations. Against this backdrop, in National Cable & Telecommunications Ass’n v. Brand X Internet Services, the Supreme Court held that, under the Telecommunications Act, cable modem providers are not required to provide access to other Internet Service Providers (ISPs), despite the fact that local telephone providers had been required to provide access to third party Digital Subscriber Line (DSL) providers. As a result, the goal of increased broadband adoption now falls squarely on the unfettered administrative choices made by the FCC. […] This note examines the administrative law implications of the Brand X decision. First, this note reviews the history and legal context framing the decision. Then, this note examines the decision itself from a textual, historical, and policy perspective. It is concluded that, while agencies offer welcome expertise for resolving complex questions, deference to agency expertise should not trump Congressional guidance to the contrary.

Wiring harnesses documented by punched-card technique

Cards representing a connector are punched, sorted, and then used to printout wiring documentation for that connector. When wiring changes are made, new cards are punched and the wiring documentation is reprinted to reflect the latest configuration

Boat electrofishing survey of common smelt and common bullies in the Ohau Channel

We conducted a boat electrofishing survey of the Ohau Channel, which flows from Lake Rotorua to Lake Rotoiti, on 13 December 2007. The purpose of the survey was to investigate the longitudinal pattern in densities of common smelt (Retropinna retropinna) and common bullies (Gobiomorphus cotidianus) along the Ohau Channel. We caught 1,267 fish comprising three native fish species and two introduced fish species in 1.58 km of fished distance at a total of 10 sites. Native species caught were the common smelt, common bully and longfinned eel (Anguilla dieffenbachii) and introduced species were rainbow trout (Oncorhynchus mykiss) and goldfish (Carassius auratus). Assuming that the bow-mounted anodes effectively fished a 4 m swath then the total area fished was 6,328 m2 (0.632 ha). Common smelt densities varied among the 10 different sites in the Ohau Channel ranging from 0 to 10.6 fish 100 m-2. Smelt density was higher at the upstream end of the channel near the weir at the Lake Rotorua outlet, decreasing with increasing distance from the weir. Smelt were found in the littoral zones but were not caught in mid-channel habitats. In the upstream reaches of the Ohau Channel, directly below the weir, a high number of juveniles (4.4 fish 100 m-2) were captured compared to the amount of juveniles captured at the other sites (0 – 1.2 fish 100 m-2). Common bully densities varied among the 10 different sites in the Ohau Channel ranging from 0.2 to 58.3 fish 100 m-2. No longitudinal pattern in the distribution of common bullies was evident along the channel. The highest densities were found halfway along the Ohau Channel where there was an abundance of dense macrophyte beds. Common bully densities were found to be much higher in the edge habitats with macrophyte beds compared to the mid-channel habitats and the willow edge habitat where there were relatively low densities. Size frequency data shows that there is generally a higher proportion of small bullies than larger ones suggesting that recruitment is occurring. Both adult and juvenile rainbow trout were observed in the Ohau Channel. Most of these individuals were found in the upstream section of the channel below the weir and ranged from a 75 mm juvenile to a fully grown adult about 500 mm long. Large longfinned eels were also captured and were only found in the downstream section of the Ohau Channel in willow-dominated edges. In the bottom third section of the channel, near the possible artificial embayment, goldfish were present

The calculation of three dimensional turbulent boundary layers on helicopter rotors

Analytical investigation of three dimensional turbulent boundary layers on helicopter rotors including cross flow derivatives and effects of centrifugal and Coriolis force

Documentation of Wiring Harnesses by Use of Punched-card Techniques

Punch card printer for wiring harness documentatio

Numerical Airfoil Optimization Using a Reduced Number of Design Coordinates

A method is presented for numerical airfoil optimization whereby a reduced number of design coordinates are used to define the airfoil shape. The approach is to define the airfoil as a linear combination of shapes. These basic shapes may be analytically or numerically defined, allowing the designer to use his insight to propose candidate designs. The design problem becomes one of determining the participation of each such function in defining the optimum airfoil. Examples are presented for two-dimensional airfoil design and are compared with previous results based on a polynomial representation of the airfoil shape. Four existing NACA airfoils are used as basic shapes. Solutions equivalent to previous results are achieved with a factor of more than 3 improvements in efficiency, while superior designs are demonstrated with an efficiency greater than 2 over previous methods. With this shape definition, the optimization process is shown to exploit the simplifying assumptions in the inviscid aerodynamic analysis used here, thus demonstrating the need to use more advanced aerodynamics for airfoil optimization

Saudi Arabia’s Strategic Culture: to what extent can strategic culture help us understand the KSA’s strategic decision-making and behaviour with regard to its security policy?

This thesis demonstrates the utility of the strategic culture concept in understanding threat-perception and strategic behaviour, insofar as the KSA is concerned. Many of the KSA’s critical junctures originate from sub-state actors and factors, supra-state ideologies, and non-state actors. The threat perception at these critical junctures required behavioural responses that balanced the often-competing demands (upon the state) or requirements (of these actors) by the ruling elite within the KSA. Indeed, the strategic culture concept has allowed this thesis to explore the linkage between cultural aspects internal to the KSA against its strategic choices and behaviours in relation to its foreign and security policies, primarily by analysing the construction of the KSA’s different identities. Specifically, the norms associated with being the Custodians of the Two Holy Mosques, the de-facto head of the Wahhabi school of Sunnism, and its doctrinal hostility to Political Islam and pan-Arabism, have demonstrated behavioural trends, or a strategic approach which is highly centralized in order to omni-balance against these (often) competing, paradoxical and contradictory strategic challenges

Exploring the practical knowledge of eccentric resistance training in high-performance strength and conditioning practitioners

Habitual use of eccentric exercise has been recognised to increase strength and power; however, the current body of knowledge has limited potential to understand the application of such resistance training in athletic populations. In order to develop appropriate applied research, that relates to elite athletic populations, it is vital to appreciate the practical knowledge of strength and conditioning practitioners operating in high-performance environments. This study summarised the questionnaire responses from 100 strength and conditioning practitioners operating in performance sport relating to questions such as the training effects to various eccentric resistance training regimes, the rationale for the use of these techniques and the knowledge supporting its application. The combination of closed and open-ended questions enabled a thematic analysis to be conducted. There was evidence that practitioners employed a variety of eccentric training methodologies; however, there was interest in gaining greater understanding of the training dose to bring about the optimal adaptive changes, and importantly how this might translate to sport-specific performance. In addition, practitioners would welcome recommendations associated with eccentric training, whilst concurrently minimising the issues of excessive fatigue, muscle damage and soreness. The training effects of interest included neural, architectural and morphological adaptations and, importantly, translation to performance of sports-specific skills. Collectively, these responses called for more practically relevant research to be conducted within the high-performance environment, alongside more opportunities for professional development through learning and knowledge-sharing opportunities. The outcomes summarised in this work should inform future applied research projects and educational content relating to eccentric training