Communications law

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Communications law [1] refers to the regulation of electronic communications by wire or radio. [2] It encompasses regulations governing broadcasting, telephone and telecommunications service, cable television, satellite communications, [3] wireless telecommunications, and the Internet. [4]

Contents

History

In the 19th century cross-border communication was facilitated by the development of the telegraph and Morse code. The first transatlantic cable was installed between 1858 and 1866. To address these developments international organizations were created, notably the International Telegraph Union in 1865 (today the International Telecommunication Union).

Areas of Communications Law

Communications laws regulate the activities of a communications service provider and the use of public resources for the deployment of communications facilities and services [5] in the following broad areas:

Radiospectrum Regulation

Rules for spectrum management governing who may make transmissions over the public airwaves and under what conditions; [6] Assignment of blocks of radio frequency for government, private, public, or commercial use by allocation or spectrum auction. [7]

Market Regulation

Rules governing relationships between various communications industries and market participants designed to ensure the steady flow of communications and prevent market failures; Includes rules governing broadcast signal must-carry [8] and retransmission consent, [9] the interconnection of telecommunications facilities, [10] wireless network roaming, intercarrier compensation, [11] cable program access and carriage, [12] net neutrality, [13] [14] and utility pole attachments. [15]

Content Regulation

Rules prohibiting broadcast obscenity [16] and limiting the commercial content of children's programming; Rules to ensure media coverage of local events and to preserve diversity of viewpoints by preventing too much concentration of media ownership in local markets. [17]

Access to Markets

Rules designed to ensure communications markets are open to new entrants; [18] Includes regulations limiting state and local authority to charge excessive fees or deny access to the public right-of-way (transportation) for deploying communications facilities. [19]

Consumer Protection

Ensuring the reasonableness of rates, terms, and conditions of communications services offered to the public, particularly in areas that lack competition in one or more services; [20] Rules requiring closed captioning and services for the hearing impaired; Review of communications provider mergers and acquisitions to ensure the public will benefit from the consolidation. [21] [22]

Communications Law in the United States

In the United States, the primary sources of communications law are the federal Communications Act of 1934, as amended by subsequent legislation including the Communications Assistance for Law Enforcement Act, the Cable Communications Act of 1984, the Satellite Home Viewer Act, the Cable Television Consumer Protection and Competition Act, and the Telecommunications Act of 1996. All of these federal statutes are codified at Title 47 of the United States Code. Communications law also includes various state laws regulating public utilities, [23] telecommunications, [24] cable television, [25] and wireless antennas. [26] [27]

Communications regulations are found in Title 47 of the Code of Federal Regulations by the Federal Communications Commission and the National Telecommunications and Information Administration of the United States Department of Commerce, and in state regulatory codes by the Public Utilities Commission of each state. Communications lawyers are represented by the Federal Communications Bar Association, an organization for attorneys and engineers involved in "the development, interpretation and practice of communications law and policy." [28]

Related Research Articles

<span class="mw-page-title-main">Federal Communications Commission</span> Independent U.S. government agency

The Federal Communications Commission (FCC) is an independent agency of the United States government that regulates communications by radio, television, wire, satellite, and cable across the United States. The FCC maintains jurisdiction over the areas of broadband access, fair competition, radio frequency use, media responsibility, public safety, and homeland security.

<span class="mw-page-title-main">Communications Act of 1934</span> 1934 U.S. federal law creating the Federal Communications Commission (FCC)

The Communications Act of 1934 is a United States federal law signed by President Franklin D. Roosevelt on June 19, 1934, and codified as Chapter 5 of Title 47 of the United States Code, 47 U.S.C. § 151 et seq. The act replaced the Federal Radio Commission with the Federal Communications Commission (FCC). It also transferred regulation of interstate telephone services from the Interstate Commerce Commission to the FCC.

<span class="mw-page-title-main">Telecommunications Act of 1996</span> 1996 U.S. legislation overhauling telecommunications regulations and laws

The Telecommunications Act of 1996 is a United States federal law enacted by the 104th United States Congress on January 3, 1996, and signed into law on February 8, 1996 by President Bill Clinton. It primarily amended Chapter 5 of Title 47 of the United States Code. The act was the first significant overhaul of United States telecommunications law in more than sixty years, amending the Communications Act of 1934, and represented a major change in that law, because it was the first time that the Internet was added to American regulation of broadcasting and telephony.

<span class="mw-page-title-main">National Telecommunications and Information Administration</span> American government agency

The National Telecommunications and Information Administration (NTIA) is an agency of the United States Department of Commerce that serves as the president's principal adviser on telecommunications policies pertaining to the United States' economic and technological advancement and to regulation of the telecommunications industry.

<span class="mw-page-title-main">Telecommunications policy of the United States</span>

The telecommunications policy of the United States is a framework of law directed by government and the regulatory commissions, most notably the Federal Communications Commission (FCC). Two landmark acts prevail today, the Communications Act of 1934 and the Telecommunications Act of 1996. The latter was intended to revise the first act and specifically to foster competition in the telecommunications industry.

National Cable & Telecommunications Association v. Brand X Internet Services, 545 U.S. 967 (2005), was a United States Supreme Court case in which the court held that decisions by the Federal Communications Commission (FCC) on how to regulate Internet service providers are eligible for Chevron deference, in which the judiciary defers to an administrative agency's expertise under its governing statutes. While the case concerned routine regulatory processes at the FCC and applied to interpretations of the Communications Act of 1934 and Telecommunications Act of 1996, the ruling has become an important precedent on the matter of regulating network neutrality in the United States.

<span class="mw-page-title-main">Cable Communications Policy Act of 1984</span> Act of United States Congress

The Cable Communications Policy Act of 1984 was an act of Congress passed on October 30, 1984 to promote competition and deregulate the cable television industry. The act established a national policy for the regulation of cable television communications by federal, state, and local authorities. Conservative Senator Barry Goldwater of Arizona wrote and supported the act, which amended the Communications Act of 1934 with the insertion of "Title VI—Cable Communications". After more than three years of debate, six provisions were enacted to represent the intricate compromise between cable operators and municipalities.

<span class="mw-page-title-main">Radio spectrum pollution</span>

Radio spectrum pollution is the straying of waves in the radio and electromagnetic spectrums outside their allocations that cause problems for some activities. It is of particular concern to radio astronomers.

<span class="mw-page-title-main">Spectrum management</span>

Spectrum management is the process of regulating the use of radio frequencies to promote efficient use and gain a net social benefit. The term radio spectrum typically refers to the full frequency range from 1 Hz to 3000 GHz that may be used for wireless communication. Increasing demand for services such as mobile telephones and many others has required changes in the philosophy of spectrum management. Demand for wireless broadband has soared due to technological innovation, such as 3G and 4G mobile services, and the rapid expansion of wireless internet services.

<span class="mw-page-title-main">Broadcast law</span> Statutory law

Broadcast law and Electricity law is the field of law that pertains to broadcasting. These laws and regulations pertain to radio stations and TV stations, and are also considered to include closely related services like cable TV and cable radio, as well as satellite TV and satellite radio. Likewise, it also extends to broadcast networks.

<span class="mw-page-title-main">Distributed antenna system</span> A network of spatially separated antennas connected to a common source

A distributed antenna system (DAS) is a network of spatially separated antenna nodes connected to a common source via a transport medium that provides wireless service within a geographic area or structure. DAS antenna elevations are generally at or below the clutter level, and node installations are compact. A distributed antenna system may be deployed indoors or outdoors.

In the United States, net neutrality—the principle that Internet service providers (ISPs) should make no distinctions between different kinds of content on the Internet, and to not discriminate based on such distinctions—has been an issue of contention between end-users and ISPs since the 1990s. With net neutrality, ISPs may not intentionally block, slow down, or charge different rates for specific online content. Without net neutrality, ISPs may prioritize certain types of traffic, meter others, or potentially block specific types of content, while charging consumers different rates for that content.

A local franchise authority (LFA) is a United States local government organization that, together with the Federal Communications Commission (FCC), regulates cable television service within the local government's area. In some cases the LFA is the state, while in others it might be a city, county, or municipality. The LFA is meant to address cable problems such as service related rates and charges, tier rates, customer service problems, franchise fees, signal quality, and the use of public, educational, and governmental (PEG) channels. When experiencing a problem with your cable television you should first contact the cable company itself, then the local franchise authorities, then the National Citizens Committee for Broadcasting, and finally the chairmen of the House and Senate subcommittees who oversee the FCC. Additional help can be found on the web page of the Federal Communications Commission.

<span class="mw-page-title-main">Internet in the United States</span>

The Internet in the United States grew out of the ARPANET, a network sponsored by the Advanced Research Projects Agency of the U.S. Department of Defense during the 1960s. The Internet in the United States of America in turn provided the foundation for the worldwide Internet of today.

<span class="mw-page-title-main">Cable Television Consumer Protection and Competition Act of 1992</span> United States federal law

The Cable Television Consumer Protection and Competition Act of 1992 is a United States federal law which required cable television systems to carry most local broadcast television channels and prohibited cable operators from charging local broadcasters to carry their signal.

<i>Satellite Broadcasting & Communications Assn v. FCC</i>

Satellite Broadcasting and Communications Association v. FCC, 275 F.3d 337 was a case decided by the United States Court of Appeals for the Fourth Circuit. Congress required satellite television carriers to carry all requesting local broadcast stations in the market where the carrier voluntarily decides to carry one local station in order to, in part, preserve a multiplicity of local broadcast outlets for over-the-air-viewers who do not subscribe either to satellite or cable service.

Verizon Communications Inc. v. Federal Communications Commission, 535 U.S. 467 (2002), is a United States Supreme Court case in which Verizon Communications argued that the FCC had an unreasonable way for setting rates for leasing network elements. It held that the FCC can require state commissions to set the rates charged by incumbents for leased elements on a forward-looking basis untied to the incumbents' investment and that the FCC can require incumbents to combine elements of their networks at the request of entrants.

Network convergence refers to the provision of telephone, video and data communication services within a single network. In other words, one company provides services for all forms of communication. Network convergence is primarily driven by development of technology and demand. Users are able to access a wider range of services, choose among more service providers. On the other hand, convergence allows service providers to adopt new business models, offer innovative services, and enter new markets.

The Spectrum Policy Task Force was established in June 2002 to assist the Federal Communications Commission in identifying and evaluating changes in spectrum policy that will increase the public benefits derived from the use of the radio spectrum.

The Wireless Infrastructure Association (WIA), formerly known as PCIA, is an American trade association for wireless providers and companies that build cell phone towers, rooftop wireless sites, and other facilities that transmit wireless communication signals. The Washington Post described the industry as "the people who build all those cell towers so you can actually make those calls, download that data." These technologies are collectively referred to as "wireless telecommunications infrastructure."

References

  1. ↑ Kang, Jerry. Communications Law and Policy: Cases and Materials. Aspen Publishers, 2001.
  2. ↑ "Georgetown Law Curriculum Guide" . Retrieved 3 March 2013.
  3. ↑ Rothblatt, Martin A. "Impact of International Satellite Communications Law upon Access to the Geostationary Orbit and the Electromagnetic Spectrum, The." Tex. Int'l LJ 16 (1981): 207.
  4. ↑ Geller, Henry. "Communications Law--A Half Century Later." Fed. Comm. LJ 37 (1985): 73.
  5. ↑ Brotman, Stuart N. Communications Law and Practice. Law Journal Press, 2010.
  6. ↑ Manner, Jennifer A. Spectrum Wars: The Policy and Technology Debate. Artech House Publishers, 2003.
  7. ↑ Bykowsky, Mark M., Robert J. Cull, and John O. Ledyard. "Mutually Destructive Bidding: The FCC Auction Design Problem." Journal of Regulatory Economics 17.3 (2000): 205-228.
  8. ↑ Peritz, Marc. "Turner Broadcasting v. FCC: A First Amendment Challenge to Cable Television Must-Carry Rules." Wm. & Mary Bill Rts. J. 3 (1994): 715.
  9. ↑ Lubinsky, Charles. "Reconsidering Retransmission Consent: An Examination of the Retransmission Consent Provision (47 USC 325 (b)) of the 1992 Cable Act." Fed. Comm. LJ 49 (1996): 99.
  10. ↑ Gilo, David. "A Market Based Approach to Telecom Interconnection." Southern California Law Review 77.1-51 (2003).
  11. ↑ Ryen, Jeffrey I. "Battle over Reciprocal Compensation: The FCC's Ongoing Struggle to Regulate Intercarrier Compensation Fees for ISP-Bound Traffic, The." BUJ Sci. & Tech. L. 8 (2002): 614.
  12. ↑ Waterman, David. "Vertical Integration and Program Access in the Cable Television Industry." Fed. Comm. LJ 47 (1994): 511.
  13. ↑ Crawford, Susan P. "The Internet and the Project of Communications Law." bepress Legal Series (2007): 1996.
  14. ↑ Fedeli, Christopher. "Carpool Lanes on the Internet: Effective Network Management," 26 Comm. Law. 1 (2009).
  15. ↑ Huettner, David A. "Optimal Second Best Pricing of CATV Pole Attachments." Southern Economic Journal (1982): 996-1015.
  16. ↑ "FCC website" . Retrieved 3 March 2013.
  17. ↑ Owen, Bruce M. "Regulatory Reform: The Telecommunications Act of 1996 and the FCC Media Ownership Rules." L. Rev. MSU-DCL (2003): 671.
  18. ↑ Brito, Jerry, and Jerry Ellig. "Video Killed the Franchise Star: The Consumer Cost of Cable Franchising and Policy Alternatives." Available at SSRN 893606 (2006).
  19. ↑ Esbin, Barbara S., and Gary S. Lutzker. "Poles, Holes and Cable Open Access: Where the Global Information Superhighway Meets the Local Right-of-Way." CommLaw Conspectus 10 (2001): 23.
  20. ↑ Harris, Robert G., and C. Jeffrey Kraft. "Meddling Through: Regulating Local Telephone Competition in the United States." The Journal of Economic Perspectives 11.4 (1997): 93-112.
  21. ↑ "FCC website" . Retrieved 3 March 2013.
  22. ↑ Koutsky, Thomas M., and Lawrence J. Spiwak. "Separating Politics from Policy in FCC Merger Reviews: A Basic Legal Primer of the Public Interest Standard." CommLaw Conspectus 18 (2009): 329.
  23. ↑ "Pole Attachments" (PDF). National Association of Regulatory Utility Commissioners.
  24. ↑ Podsada, Janice. "Coalition Opposes Bill to Revamp State Telecommunications Laws". The Hartford Courant.
  25. ↑ Eleff, Bob. New State Cable TV Franchising Laws. Research Department, Minnesota House of Representatives, 2006.
  26. ↑ "Zoning Regulations and Antenna Siting" (PDF). Princeton University. Retrieved 3 March 2013.
  27. ↑ Evans, Sara A. "Wireless Service Providers v. Zoning Commissions: Preservation of State and Local Zoning Authority Under the Telecommunications Act of 1996." Ga. L. Rev. 32 (1997): 965.
  28. ↑ "Federal Communications Bar Association website" . Retrieved 3 March 2013.




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