Federal Communications Law Journal articles from December 2008

Federal Communications Law Journal archives from December 2008

The decline and fall of AT&T: a personal recollection.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... Thank you very much, Chris. I needed a generous introduction because I realized, listening to the very interesting talks this morning, that I hadn't thought about telecommunication policy since 1981. I'm a kind of Rip van Winkle here, invited...

The Bell System divestiture: background, implementation, and outcome. (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. THE RISE OF COMPETITION III. THE ANTITRUST SUIT IV. NEAR-TERM RESULTS V. LONGER-TERM RESULTS VI. CONCLUSIONS I. INTRODUCTION The telephone industry in the United States started with the Bell patent...

An oligopoly analysis of AT&T's performance in the wireline long-distance markets after divestiture.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... Having been present at the creation of "divestiture," as the next witness for the defense scheduled to be called before the court, the day after the surprise settlement, and therefore never heard, I had a seat at the table to listen to what was...

Will access regulation work? (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... The premise of this panel is that the FCC is transitioning from a rate regulation regime to an access regime. A rate regulation regime gives all customers full access to network facilities (common carrier) at regulated rates--generally, rate...

Toward a unified theory of access to local telephone networks.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. THE HISTORY OF THE REGULATION OF LOCAL TELEPHONY A. Early State and Federal Regulation B. The Emergence of Competition in Complementary Services C. The Emergence of Competition in Local...

Did AT&T die in vain? An empirical comparison of AT&T and Bell Canada.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. MARKET STRUCTURE III. GROWTH IV. PRICES V. EMPLOYMENT VI. MARKET CAPITALIZATION VII. OWNERSHIP VIII. TELECOMMUNICATIONS EQUIPMENT IX. RESEARCH AND DEVELOPMENT X. CONCLUSION I....

Essential facilities and Trinko: should antitrust and regulation be combined? (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. COMPARING A T&T AND TRINKO: CHANGES IN ATTITUDES, CHANGES IN LATITUDE III. REGULATION AND ANTITRUST AS COMPLEMENTS, NOT SUBSTITUTES IV. "ESSENTIAL FACILITIES" AND TRINKO: TWO SIDES OF THE SAME...

The AT&T consent decree: in praise of interconnection only.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. THE BELL DECREE AND THE CORPORATIST MINDSET II. "DEREGULATION" IN A NETWORK INDUSTRY: DO GREENE AND BAXTER MIX? III. STRUCTURAL VERSUS CONDUCT REMEDIES IV. CONDUCT AND STRUCTURAL REMEDIES FOR NETWORK INDUSTRIES V. A...

Reexamining the legacy of dual regulation: reforming dual merger review by the DOJ and the FCC. (The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. THE VICES AND VIRTUES OF REDUNDANT REGULATORY MERGER REVIEW A. The Perils of FCC Merger Review B. Regulatory Oversight as Complementary to Antitrust III. THE ANTITRUST AGENCIES' EMERGING STANCE ON...

Are regulators forward-looking? The market price of copper versus the regulated price of mandatory access to unbundled local loops in telecommunications networks.(The Enduring Lessons of the Breakup of AT&T: A Twenty-Five Year Retrospective)
December 1, 2008... I. INTRODUCTION II. THE DATA REQUIREMENTS FOR FORWARD-LOOKING COST MODELS III. COPPER PRICES AND THE CALIFORNIA PUBLIC UTILITIES COMMISSION IV. COPPER PRICES AND THE NEW ZEALAND COMMERCE COMMISSION A. Biased...

"Fleeting expletives" are the tip of the iceberg: fallout from exposing the arbitrary and capricious nature of indecency regulation.
December 1, 2008... I. INTRODUCTION II. OVERVIEW III. FINDING INDECENT SPEECH IV. JUDICIAL REVIEW OF ARBITRARY AND CAPRICIOUS ADMINISTRATIVE AGENCY ACTIONS A. Development of the Judicial Gloss on Arbitrary and Capricious Review ...

Leave me alone! The delicate balance of privacy and commercial speech in the evolving do-not-call registry.
December 1, 2008... I. INTRODUCTION II. THE BEGINNING OF THE NATIONAL DO-NOT-CALL REGISTRY A. Telephone Consumer Protection Act B. Telemarketing Consumer Fraud and Abuse Prevention Act C Telemarketing Sales Rule and the Do-Not-Call ...