TreatiseAnswer Book

Telecommunications Law Answer Book (2017-18 Edition)

 by Drinker Biddle & Reath LLP
 
 Copyright: 2017

 Product Details >> 

Product Details

  • ISBN Number: 9781402429774
  • Page Count: 770
  • Number of Volumes: 1
  •  

Telecommunications Law Answer Book is a comprehensive overview of the issues faced by the many different participants in the telecommunications industry.

In an easy-to-read Q&A format, Telecommunications Law Answer Book describes:

  • The duties and obligations that apply to common carriers that provide telecommunications services
  • The impact of and policy goals behind the Communications Act of 1934 and Telecommunications Act of 1996, as well as other federal statutes and regulations
  • The FCC regulation of the radio and television spectrum, as well as ownership of broadcast stations and cable systems
  • Why social media regulation is different from other media, and why the legal and practical analysis often differs from traditional advertising and broadcast outlets
  • “Accessibility by design,” or the idea that from the moment of concept to realization, a communications product should be designed with accessibility in mind for those with cognitive or physical disabilities
  • The enforcement process for companies or individuals that are alleged to have violated the rules of the Federal Communications Commission
  • The rules regulating customer relationships, and how political advertising should be handled 
Telecommunications Law Answer Book also provides a comprehensive overview of the recent Congressional and FCC initiatives on data privacy and security, as well as the restrictions on foreign ownership of U.S. communications companies regulated by the FCC.
  Table of Contents
  Table of Abbreviations
Chapter 1: U.S. Communications Law and Policy
  • : Regulated Industries and Practices1-2
  • Q 1.1 : Which types of industries/practices does U.S. communications law affect/regulate?1-2
  • Q 1.2 : Which types of industries/practices does U.S. communications law not affect/regulate?1-3
  • : Principal U.S. Communications Laws1-3
  • Q 1.3 : What are the principal laws that affect communications in the United States?1-3
    • : Communications Act of 19341-3
    • Q 1.3.1 : What is the Communications Act of 1934?1-3
    • : Telecommunications Act of 19961-4
    • Q 1.3.2 : What is the Telecommunications Act of 1996?1-4
    • : Spectrum Act of 20121-5
    • Q 1.3.3 : What is the Spectrum Act of 2012?1-5
  • : Other Laws Affecting U.S. Communications1-7
  • Q 1.4 : What other laws affect U.S. communications law and policy?1-7
    • Q 1.4.1 : What is the effect on U.S. communications of election laws?1-7
    • Q 1.4.2 : … copyright laws?1-7
    • Q 1.4.3 : … environmental laws?1-8
    • Q 1.4.4 : … advertising laws?1-8
    • Q 1.4.5 : … the Anti-Drug Abuse Act of 1998?1-9
    • Q 1.4.6 : … public safety laws?1-9
    • Q 1.4.7 : … privacy laws?1-9
    • Q 1.4.8 : … Omnibus Budget Reconciliation Act of 1993?1-10
  • : Administrative Procedure Act1-10
  • Q 1.5 : Why is the Administrative Procedure Act important to U.S. communications law?1-10
    • Q 1.5.1 : Which other laws have an important effect on administrative agencies such as the FCC?1-11
  • Q 1.6 : Do any foreign or international sources of regulation play a role in U.S. telecommunications?1-11
  • : Guiding Policies1-12
  • Q 1.7 : Which important policies guide and influence U.S. communications law?1-12
    • : Competition1-12
    • Q 1.7.1 : What is the importance of competition?1-12
    • Q 1.7.2 : How does the FCC encourage competition?1-12
    • : Public Access1-12
    • Q 1.7.3 : What is the importance of public access to various communications platforms?1-12
    • Q 1.7.4 : How does the FCC increase public access to communications platforms?1-13
    • : Spectrum Efficiency1-14
    • Q 1.7.5 : What is the importance of spectrum efficiency?1-14
Chapter 2: Regulatory Jurisdiction and Enforcement
  • : Relevant Regulatory Agencies2-2
  • Q 2.1 : To what kinds of regulation are communications companies generally subject?2-2
  • Q 2.2 : What are the different federal agencies that may regulate businesses operating in the communications sector?2-3
  • : Federal Communications Commission2-3
  • Q 2.3 : What does the FCC do?2-3
  • Q 2.4 : How is the FCC organized?2-4
    • Q 2.4.1 : What are the responsibilities of the Media Bureau?2-5
    • Q 2.4.2 : … the Wireless Telecommunications Bureau?2-5
    • Q 2.4.3 : … the Wireline Competition Bureau?2-5
    • Q 2.4.4 : … the Public Safety and Homeland Security Bureau?2-5
    • Q 2.4.5 : … the International Bureau?2-5
    • Q 2.4.6 : … the Enforcement Bureau?2-5
    • Q 2.4.7 : … the Consumer and Governmental Affairs Bureau?2-6
  • Q 2.5 : How does the FCC establish rules and regulations?2-6
  • : National Telecommunications and Information Administration2-7
  • Q 2.6 : What does the National Telecommunications and Information Administration do?2-7
  • : Federal Trade Commission2-8
  • Q 2.7 : What does the Federal Trade Commission do?2-8
    • Q 2.7.1 : What is the “common carrier exception”?2-8
  • : U.S. Department of Justice2-8
  • Q 2.8 : What is the role of the Department of Justice in regulating the communications industry?2-8
  • : State/Local Government Regulatory Agencies2-9
  • Q 2.9 : Do states and local governments have regulatory authority over participants in the communications industry?2-9
  • : Regulation Across Platforms2-9
  • : Landline Telephone Service2-9
  • Q 2.10 : Who regulates landline telephone service, and what is the extent of regulation?2-9
  • : Wireless Telephone Service2-10
  • Q 2.11 : Who regulates wireless telephone service, and what is the extent of regulation?2-10
  • : Voice over Internet Protocol2-11
  • Q 2.12 : Who regulates VoIP service, and what is the extent of regulation?2-11
  • : Radio and Television Broadcasters2-12
  • Q 2.13 : Who regulates broadcasters, and what is the extent of regulation?2-12
  • : Cable Service Providers2-12
  • Q 2.14 : Who regulates cable service providers, and what is the extent of regulation?2-12
  • : Satellite Service2-13
  • Q 2.15 : Who regulates satellite service, and what is the extent of regulation?2-13
  • : Broadband Service2-14
  • Q 2.16 : What is broadband?2-14
  • Q 2.17 : How does the FCC regulate broadband?2-14
    • Q 2.17.1 : What are the 2015 Open Internet Rules?2-15
  • : Enforcement2-16
  • Q 2.18 : What happens if an entity in the FCC’s jurisdiction does not comply with applicable FCC regulations or orders?2-16
  • : Enforcement Actions/Investigations2-16
  • Q 2.19 : How does the FCC conduct enforcement actions/investigations?2-16
  • : Sanctions2-17
  • Q 2.20 : What sanctions may the FCC impose?2-17
  • : Settlements2-18
  • Q 2.21 : Can the subject of an investigation/enforcement action settle with the FCC?2-18
Chapter 3: Lobbying, Ex Parte Communications, Political Contributions, and Gifts
  • : Lobbying3-3
  • : Lobbying Disclosure Act of 19953-3
  • Q 3.1 : What federal laws regulate lobbying in the United States?3-3
    • Q 3.1.1 : How is the Lobbying Disclosure Act enforced?3-3
  • : Definitions3-4
  • Q 3.2 : Who is a “lobbyist” under the Lobbying Disclosure Act?3-4
    • Q 3.2.1 : To whom does the Internal Revenue Code’s definition of “lobbying” apply?3-4
    • Q 3.2.2 : What is a “lobbying contact” under the LDA, and how does it differ from “lobbying activity”?3-5
    • Q 3.2.3 : What constitutes “more than one lobbying contact”?3-6
    • Q 3.2.4 : How is the 20% threshold calculated?3-7
    • Q 3.2.5 : What are examples of lobbying contacts and lobbying activities?3-7
    • Q 3.2.6 : What is a “lobbying firm” under the LDA?3-8
    • Q 3.2.7 : Who is a “client” under the LDA?3-8
    • Q 3.2.8 : Who is a “covered government official” under the LDA?3-9
  • : Registration Requirements3-10
  • Q 3.3 : What are the registration requirements under the LDA?3-10
    • Q 3.3.1 : Who must register and by when?3-11
    • Q 3.3.2 : How does one register as a lobbyist?3-11
    • : Lda Registration Flowchart3-12
    • Q 3.3.3 : What information must be disclosed on a registration form?3-13
    • Q 3.3.4 : How does one terminate lobbyist registration?3-13
  • : Reporting Requirements3-13
  • Q 3.4 : What are the reporting requirements under the LDA?3-13
    • Q 3.4.1 : When are quarterly lobbying activity reports due?3-13
    • Q 3.4.2 : What information must be disclosed in a quarterly report?3-14
    • Q 3.4.3 : Who must submit semiannual reports?3-14
    • Q 3.4.4 : What information must be disclosed on a semiannual report?3-15
  • : Record-Keeping Requirements3-17
  • Q 3.5 : What are the record-keeping requirements under the LDA?3-17
  • : Other Lobbyist Regulation3-17
  • Q 3.6 : What are some of the restrictions on gifts that lobbyists may give?3-17
  • Q 3.7 : Can a lobbyist be paid on a contingency-fee basis?3-17
  • Q 3.8 : Can a lobbyist serve on a federal board or commission?3-18
  • Q 3.9 : What is the Byrd Amendment?3-18
  • : Penalties for Violations3-18
  • Q 3.10 : What are the penalties for violating the LDA?3-18
  • : State and Local Regulation3-19
  • Q 3.11 : How is lobbying regulated on the state and local levels?3-19
  • : Ex Parte Communications3-19
  • Q 3.12 : What are ex parte presentations?3-19
  • Q 3.13 : How are ex parte presentations regulated?3-19
  • Q 3.14 : What types of proceedings are governed by the FCC’s ex parte rules?3-20
  • : Exempt Proceedings3-20
  • Q 3.15 : What is an “exempt” proceeding?3-20
  • : “Permit-but-Disclose” Proceedings3-21
  • Q 3.16 : What is a “permit-but-disclose” proceeding?3-21
    • Q 3.16.1 : What are the disclosure requirements in “permit-but-disclose” proceedings?3-22
  • : Restricted Proceedings3-22
  • Q 3.17 : What are “restricted” proceedings?3-22
  • : Ex Parte Notification Filing Requirements3-23
  • Q 3.18 : What filing requirements apply to the ex parte notifications?3-23
  • : “Sunshine Agenda” Period Prohibition3-24
  • Q 3.19 : What is the “Sunshine Agenda” period prohibition?3-24
  • : Exempt Ex Parte Presentations3-24
  • Q 3.20 : What ex parte presentations are exempt from the prohibitions and disclosure requirements in the ex parte rules?3-24
  • : Penalties for Violations3-27
  • Q 3.21 : What are the sanctions for parties who violate the ex parte rules?3-27
  • : Political Contributions/Campaign Finance3-27
  • : Federal Election Campaign Act3-27
  • Q 3.22 : What are the principal sources of federal regulation of campaign finance?3-27
  • : PACs3-28
  • Q 3.23 : What restrictions are placed on the participation of corporations and labor organizations in the federal election process?3-28
    • Q 3.23.1 : What registration and reporting requirements are imposed on a “separate segregated fund”?3-28
  • Q 3.24 : What is a non-connected PAC?3-29
  • : Contributions3-30
  • Q 3.25 : What is a “contribution”?3-30
    • Q 3.25.1 : What is not considered a contribution?3-30
    • Q 3.25.2 : What are the federal contribution limits?3-31
  • Q 3.26 : What are prohibited contributions?3-31
  • : Fec Contribution Limits For 2017-18 Federal Elections3-32
  • : Expenditures3-33
  • Q 3.27 : What is an “expenditure”?3-33
    • Q 3.27.1 : What is not considered an expenditure?3-33
    • Q 3.27.2 : What is an independent expenditure?3-34
  • : State and Local Elections3-34
  • Q 3.28 : How are state and local elections governed?3-34
  • : Gifts3-35
  • Q 3.29 : What gift rules should persons and businesses in the telecommunications industry be aware of?3-35
  • : House and Senate Gift Rules3-35
  • Q 3.30 : What are the gift rules applicable to legislative-branch employees?3-35
    • Q 3.30.1 : Who is subject to the House and Senate gift rules?3-35
    • Q 3.30.2 : What is a “gift”?3-36
    • Q 3.30.3 : What is not considered a “gift”?3-36
    • Q 3.30.4 : What restrictions apply to gifts from federally registered lobbyists given to congressional members and employees?3-37
  • : Executive-Branch Gift Rules3-38
  • Q 3.31 : What are the current gift rules applicable to executive-branch employees?3-38
    • Q 3.31.1 : Who is subject to the gift rules?3-39
    • Q 3.31.2 : What is a “gift”?3-39
    • Q 3.31.3 : What is not considered a “gift”?3-40
  • : Federal Contractors, Bribes, Gratuities and Other Gifts3-41
  • Q 3.32 : What additional restrictions are federal government contractors subject to?3-41
  • Q 3.33 : What is the law governing bribery of federal employees?3-42
Chapter 4: Duties of Telecommunications Carriers
  • : Definitions4-4
  • : Telecommunications Carriers4-4
  • Q 4.1 : What is a “telecommunications carrier”?4-4
  • : Telecommunications Services Versus Information Services4-4
  • Q 4.2 : What is the difference between “telecommunications services” and “information services”?4-4
    • Q 4.2.1 : Why is the distinction between “telecommunications services” and “information services” significant?4-5
  • : Common Carriers4-6
  • Q 4.3 : What is a “common carrier”?4-6
    • Q 4.3.1 : Why is the “common carrier” designation significant?4-6
    • Q 4.3.2 : What is the interplay between the terms “telecommunications carriers” and “common carriers”?4-7
    • Q 4.3.3 : Are Internet protocol–based voice services (such as Voice over Internet Protocol) and the providers of these services considered telecommunications services or information services?4-8
  • : Regulation of Telecommunications Carriers4-8
  • Q 4.4 : What obligations apply to all telecommunications carriers?4-8
  • : Interconnection4-9
  • Q 4.5 : What does it mean to “interconnect”?4-9
    • Q 4.5.1 : What is the difference between direct and indirect interconnection?4-9
    • Q 4.5.2 : Are telecommunications carriers that provide information services eligible for interconnection under section 251(a)(1)?4-10
    • Q 4.5.3 : Are wholesale partners of interconnected VoIP service providers telecommunications carriers for purposes of section 251(a)?4-10
  • : Access by Persons with Disabilities4-10
  • Q 4.6 : What is the basic obligation regarding accessibility to telecommunications services by individuals with disabilities?4-10
    • Q 4.6.1 : What services are covered by the disabilities-access requirements of section 255?4-11
    • Q 4.6.2 : How is accessibility measured for purposes of this obligation under section 255?4-11
    • Q 4.6.3 : How is compatibility measured for purposes of this obligation under section 255?4-11
    • Q 4.6.4 : When is an action “readily achievable” for purposes of section 255?4-11
    • Q 4.6.5 : How are the disabilities-access requirements applied in the context of interconnected VoIP services?4-11
  • : Regulation of Telecommunications Carriers Providing Interstate and Foreign Communications4-12
  • Q 4.7 : What obligations apply specifically to telecommunications carriers engaged in interstate and foreign communications?4-12
    • Q 4.7.1 : Who determines if a charge, classification, regulation, or practice complies with the requirements of sections 201 and 202?4-13
    • Q 4.7.2 : What makes a rate “just and reasonable”?4-13
    • Q 4.7.3 : How does the FCC determine what is an “unjust or unreasonable discrimination” in violation of section 202(a)?4-15
  • Q 4.8 : Are there any restrictions on a telecommunications carrier’s providing and/or discontinuing interstate or international telecommunications services?4-16
    • Q 4.8.1 : Are any telecommunications services excluded from the discontinuation requirement?4-18
  • : Schedule of Charges; The Filed-Rate Doctrine4-18
  • Q 4.9 : What are a common carrier’s obligations with respect to filing a schedule of charges?4-18
    • Q 4.9.1 : What is the origin of the requirement to file schedules of charges?4-18
    • Q 4.9.2 : Is the filed-rate doctrine still in effect?4-19
  • : Regulation of Local Exchange Carriers4-20
  • Q 4.10 : What interconnection obligations specifically apply to local exchange carriers?4-20
  • : Resale of Telecommunications Services4-20
  • Q 4.11 : What is encompassed by the resale obligations under section 251(b)(1)?4-20
  • : Number Portability4-21
  • Q 4.12 : What is number portability?4-21
    • Q 4.12.1 : What is required of local exchange carriers as to number portability?4-21
  • : Dialing Parity4-21
  • Q 4.13 : What is dialing parity?4-21
    • Q 4.13.1 : What is required of local exchange carriers as to dialing parity?4-22
  • : Access to Right-of-Way4-22
  • Q 4.14 : What is encompassed by the duty to afford access to right-of-way?4-22
    • Q 4.14.1 : What was the general intent behind the changes to the duty to afford access to poles, ducts, conduits, and rights-of-way enacted by the 1996 Act?4-23
    • Q 4.14.2 : What is the difference between section 251(b)(4) and section 224, as amended?4-23
    • Q 4.14.3 : How do the FCC’s rules and policies implement and balance the directives of section 224 with the narrower duty imposed under section 251(b)(4)?4-23
    • Q 4.14.4 : Did the FCC preempt state and local regulations regarding access to rights-of-way?4-24
  • : Reciprocal Compensation4-24
  • Q 4.15 : What is reciprocal compensation and what is required of LECs?4-24
    • Q 4.15.1 : What are an LEC’s reciprocal compensation obligations?4-25
    • Q 4.15.2 : What rates apply to reciprocal compensation, and how are they calculated?4-25
    • Q 4.15.3 : Does a so-called bill-and-keep arrangement suffice to comply with section 251(b)(5)?4-25
    • Q 4.15.4 : Does section 251(b)(5) apply to all categories of traffic?4-26
    • Q 4.15.5 : What was the justification for treating access traffic differently?4-26
    • Q 4.15.6 : How did the Connect America Fund Order change the requirements under section 251(b)(5)?4-27
    • Q 4.15.7 : How is VoIP traffic treated under section 251(b)(5)?4-28
  • : Additional Regulation of Incumbent Local Exchange Carriers4-28
  • Q 4.16 : What obligations apply specifically to incumbent local exchange carriers?4-28
  • : Duty of Good-Faith Negotiation4-29
  • Q 4.17 : How is good faith measured or defined for purposes of section 251(c)(1)?4-29
    • Q 4.17.1 : Does the requirement to negotiate in good faith apply exclusively to the ILEC?4-29
    • Q 4.17.2 : Are there specific examples of conduct or actions that constitute a per se violation of the duty to negotiate in good faith?4-30
    • Q 4.17.3 : What remedies are available if a carrier does not negotiate in good faith?4-30
    • Q 4.17.4 : How does a requesting carrier commence negotiations with an ILEC?4-31
  • : Duty to Provide Interconnection4-31
  • Q 4.18 : What are the basic components of the duty to interconnect under section 251(c)(2)?4-31
    • Q 4.18.1 : What does the term “interconnection” refer to in the context of section 251(c)(2)?4-32
    • Q 4.18.2 : If interconnection under section 251(c)(2) refers to the physical linking of networks, how is it different from the similar requirement under section 251(a)(1)?4-32
    • Q 4.18.3 : Can a carrier request interconnection from an ILEC under section 251(c)(2) to exchange interexchange traffic (or toll traffic)?4-32
    • Q 4.18.4 : What is a “technically feasible” point for purposes of section 251(c)(2)?4-33
    • Q 4.18.5 : What factors can be considered to determine if a request for interconnection is technically feasible?4-33
    • Q 4.18.6 : Has the FCC identified any per se technically feasible points of interconnection?4-33
    • Q 4.18.7 : If a dispute arises as to the existence of a technically feasible point of interconnection, who has the burden of proof?4-33
    • Q 4.18.8 : What can the ILEC charge the requesting carrier for interconnection under section 251(c)(2)?4-34
  • : Duty to Provide Access to Unbundled Network Elements4-34
  • Q 4.19 : What is an “unbundled network element” and what is required of ILECs?4-34
    • Q 4.19.1 : Who determines which network elements have to be offered on an unbundled basis under section 251(c)(3)?4-34
    • Q 4.19.2 : How does the FCC determine which specific network elements must be offered on an unbundled basis?4-34
    • Q 4.19.3 : Are there any limitations to the use that can be given by a requesting carrier to an unbundled network element?4-35
    • Q 4.19.4 : How does the FCC determine whether a particular network element is subject to the unbundling requirement?4-35
    • Q 4.19.5 : Which specific network elements are subject to unbundling under the FCC’s rules?4-35
  • Q 4.20 : What pricing standard applies to the ILEC’s offering of interconnection and unbundled network elements under section 251(c)?4-36
  • : Duty to Provide Telecommunications Services at Wholesale Rates4-37
  • Q 4.21 : What is the scope of the duty to allow for the resale of telecommunications services under section 251(c)(4), and how is it different from the duty that applies to all local exchange carriers under section 251(b)(1)?4-37
    • Q 4.21.1 : How are wholesale rates determined for purposes of section 251(c)(4)?4-37
  • : Duty to Provide Physical Collocation of Equipment4-37
  • Q 4.22 : What is collocation?4-37
    • Q 4.22.1 : What are an ILEC’s collocation obligations?4-37
    • Q 4.22.2 : When is equipment necessary for interconnection or access to unbundled network elements?4-38
    • Q 4.22.3 : How does this requirement affect an ILEC’s ability to use and manage space in its premises?4-38
    • Q 4.22.4 : Can a requesting carrier collocated in a particular ILEC premises interconnect its network and its equipment with the network and equipment of a third-party carrier collocated in the same premises?4-38
    • Q 4.22.5 : Can ILECs impose any restrictions on a requesting carrier’s physical access to its collocated equipment?4-38
  • : Negotiating Interconnection Agreements4-39
  • Q 4.23 : How does the process for negotiation of an interconnection agreement start?4-39
    • Q 4.23.1 : What happens if the parties cannot reach agreement on the rates, terms, and conditions of an interconnection agreement?4-39
    • Q 4.23.2 : Can a state commission choose not to act in response to a request for arbitration?4-40
    • Q 4.23.3 : What standards are state commissions supposed to apply in resolving open issues in an arbitration?4-40
    • Q 4.23.4 : Is arbitration under section 252 akin to commercial arbitration?4-40
    • Q 4.23.5 : What procedures are available for judicial review of state commission determinations?4-40
    • Q 4.23.6 : Do federal courts have exclusive jurisdiction over these requests for judicial review?4-41
    • Q 4.23.7 : What standard of review applies to the determinations of the state commission?4-41
    • Q 4.23.8 : Does section 252(e)(6) confer on federal courts subject matter jurisdiction over actions requesting judicial review of a state commission’s interpretation of an interconnection agreement?4-41
  • : Additional Regulation of Bell Operating Companies4-42
  • Q 4.24 : What additional obligations are imposed on Bell Operating Companies?4-42
  • : Regulation of Commercial Mobile Radio Service4-43
  • Q 4.25 : What parts of the common carrier regulatory framework under the 1934 Act apply to providers of commercial mobile radio service?4-43
  • : Roaming4-44
  • Q 4.26 : What is roaming?4-44
    • Q 4.26.1 : What are CMRS carriers’ obligations with respect to roaming?4-44
    • Q 4.26.2 : What are CMRS carriers’ obligations with respect to data roaming?4-44
  • : Privacy of Proprietary Information4-45
  • Q 4.27 : What kinds of protections exist for maintaining the privacy of proprietary information?4-45
    • Q 4.27.1 : What constitutes CPNI?4-47
    • Q 4.27.2 : What do the FCC’s rules require concerning the protection of CPNI?4-47
  • : Social Obligations4-48
  • Q 4.28 : What are some of the social obligations imposed on telecommunications carriers?4-48
  • : 9-1-1 and Enhanced 9-1-14-48
  • Q 4.29 : What is E9-1-1?4-48
    • Q 4.29.1 : Are wireline carriers subject to E9-1-1 requirements?4-49
    • Q 4.29.2 : What other E9-1-1 requirements apply to wireless carriers?4-49
    • Q 4.29.3 : What kinds of issues/concerns are raised by the transition in technology from wire-based to IP-based services?4-49
  • : Universal Service4-50
  • Q 4.30 : What is Universal Service?4-50
    • Q 4.30.1 : What is the Lifeline program?4-50
    • Q 4.30.2 : What is the Schools and Libraries program?4-51
    • Q 4.30.3 : What is the Rural Health Care program?4-51
    • Q 4.30.4 : What is the High Cost program?4-52
  • Q 4.31 : Who contributes to the Universal Service Fund?4-52
  • : Relay Services4-53
  • Q 4.32 : What are telecommunications relay service and video relay service?4-53
    • Q 4.32.1 : What are telecommunications carriers’ obligations with respect to relay services?4-53
Chapter 5: Antitrust
  • : U.S. Antitrust Law5-3
  • : Governing Statutes5-3
  • Q 5.1 : What are the principal U.S. statutes governing antitrust law?5-3
    • Q 5.1.1 : In what contexts, if any, do foreign antitrust laws apply to U.S. telecommunications entities?5-3
    • Q 5.1.2 : Are there significant efforts underway to amend the antitrust laws insofar as they apply to the telecommunications industry?5-3
  • : Enforcement of Antitrust Laws5-4
  • Q 5.2 : What federal agencies have jurisdiction to enforce antitrust laws?5-4
    • Q 5.2.1 : Does the FCC have jurisdiction to enforce antitrust laws in the telecommunications industry?5-4
    • Q 5.2.2 : Who has jurisdiction in state antitrust investigations?5-5
    • Q 5.2.3 : Can private lawsuits be brought for federal antitrust violations?5-5
  • : Covered Conduct5-5
  • Q 5.3 : What conduct is addressed by the U.S. antitrust laws?5-5
  • : Antitrust Analysis5-6
  • Q 5.4 : How do courts determine if a restraint of trade is unreasonable?5-6
    • Q 5.4.1 : What kinds of unreasonable restraints of trade might occur in the telecommunications industry?5-7
  • Q 5.5 : How are claims of monopolization and other conduct that may be subject to Sherman Act section 2 analyzed?5-8
    • Q 5.5.1 : What are tying arrangements?5-9
    • Q 5.5.2 : Have tying arrangements in the telecommunications industry been the subject of antitrust challenges?5-9
  • Q 5.6 : How are mergers analyzed?5-9
  • Q 5.7 : How are relevant markets defined in the telecom industry?5-10
  • : Antitrust Immunity5-11
  • Q 5.8 : Does the 1996 Act (or other legislation) confer antitrust immunity on members of the telecommunications and/or mass media industries?5-11
    • Q 5.8.1 : What is Noerr-Pennington antitrust immunity?5-12
    • Q 5.8.2 : How has the Noerr-Pennington doctrine been applied in the telecommunications and mass media industries?5-12
  • : Telecommunications Act of 19965-13
  • Q 5.9 : What is the interplay of the Telecommunications Act of 1996 and antitrust laws?5-13
    • Q 5.9.1 : How was the 1982 AT&T antitrust settlement affected by the 1996 Act?5-14
  • : Essential-Facilities Doctrine5-15
  • Q 5.10 : What is the antitrust “essential-facilities doctrine”?5-15
    • Q 5.10.1 : What is the interplay between section 251 of the Communications Act and the essential-facilities doctrine?5-15
    • Q 5.10.2 : Could a violation of section 271 of the 1996 Act support an antitrust claim?5-16
    • Q 5.10.3 : How does the Trinko theory apply to various areas of FCC regulation?5-16
  • : Filed-Rate Doctrine5-17
  • Q 5.11 : What is the filed-rate doctrine?5-17
    • Q 5.11.1 : How does the filed-rate doctrine apply in the telecommunications context?5-18
  • : Mergers in the Telecommunications Industry5-18
  • Q 5.12 : Which agencies have jurisdiction over telecom mergers?5-18
    • Q 5.12.1 : How do state antitrust investigations of telecommunications mergers differ from federal investigations?5-20
    • Q 5.12.2 : What are some of the common product and geographic market issues that arise during agency reviews of telecom mergers?5-20
    • Q 5.12.3 : How do the antitrust laws treat “potential competition” in telecom mergers?5-21
  • : Private Antitrust Actions5-22
  • Q 5.13 : May private antitrust actions be filed against telecommunications and mass media entities?5-22
Chapter 6: Broadband Regulations and Policies
  • : Broadband Basics6-3
  • : Definitions6-3
  • Q 6.1 : What is broadband?6-3
    • Q 6.1.1 : How is broadband different from narrowband?6-4
    • Q 6.1.2 : What are the practical benefits of using broadband?6-4
  • : Broadband Delivery Platforms6-4
  • Q 6.2 : What are common platforms used to deliver Internet access?6-4
    • : DSL6-5
    • Q 6.2.1 : What is DSL?6-5
    • : Cable Modem6-5
    • Q 6.2.2 : What is cable modem service?6-5
    • : Fiber Optic6-6
    • Q 6.2.3 : What is fiber optic?6-6
    • : Wireless Broadband6-6
    • Q 6.2.4 : What is wireless broadband?6-6
    • Q 6.2.5 : What is the difference between mobile and fixed wireless broadband?6-6
    • : Satellite6-7
    • Q 6.2.6 : How does satellite delivery of Internet access compare to other platforms?6-7
  • : 3G, 4G, 5G6-7
  • Q 6.3 : What is the difference between 3G and 4G?6-7
    • Q 6.3.1 : Is there 5G service?6-8
  • : Regulation of Broadband Delivery Platforms Generally6-9
  • Q 6.4 : Are all broadband delivery platforms identically regulated by the FCC?6-9
  • : The “Last Mile”6-10
  • Q 6.5 : What is the “last mile,” and why is it important?6-10
  • : Broadband Usage and Penetration6-10
  • Q 6.6 : What is the availability of advanced telecommunication capability in the United States?6-10
  • Q 6.7 : How does the United States compare to other countries in its rate of broadband deployment and penetration?6-13
  • : Broadband Deployment and Adoption6-18
  • Q 6.8 : What initiatives exist to advance broadband deployment and adoption in rural areas?6-18
    • Q 6.8.1 : What are the Rural Broadband Experiments?6-19
    • Q 6.8.2 : What is the Healthcare Connect Fund?6-19
  • Q 6.9 : What initiatives exist to advance broadband deployment and adoption not restricted to rural areas?6-19
  • : U.S. Legal and Regulatory Framework6-20
  • : Internet Access and Regulatory Classification6-20
  • Q 6.10 : How is Internet access that is provided over telephone lines regulated?6-20
  • Q 6.11 : What is the difference between “basic services” (“telecommunications services”) and “enhanced services” (“information services”)?6-22
  • Q 6.12 : What regulatory treatment is applied to cable modem Internet service?6-23
  • Q 6.13 : What regulatory treatment is applied to wireless broadband Internet service?6-29
  • : Speed of Transmission6-30
  • Q 6.14 : To what kinds of mandates and other requirements regarding speed of broadband service are providers subject?6-30
  • : U.S. Policy Framework6-31
  • Q 6.15 : What is the U.S. policy framework for broadband Internet access?6-31
  • : National Broadband Plan6-31
  • Q 6.16 : What is the National Broadband Plan?6-31
  • : National Broadband Map6-32
  • Q 6.17 : What is the National Broadband Map?6-32
  • : Connect America Fund6-32
  • Q 6.18 : What is the Connect America Fund?6-32
    • Q 6.18.1 : What are the goals of the CAF?6-33
    • Q 6.18.2 : What are the different phases of the CAF?6-34
    • Q 6.18.3 : Do carriers have to fulfill any obligations to be eligible for CAF support?6-34
    • Q 6.18.4 : How does the Connect America Fund Order affect intercarrier compensation?6-35
    • Q 6.18.5 : What is “bill-and-keep,” and why was this regime chosen?6-36
  • : IP Transition6-37
  • Q 6.19 : What is the IP transition, and how is the FCC addressing it?6-37
    • Q 6.19.1 : What kinds of issues are raised by the IP transition?6-38
  • : Net Neutrality6-38
  • Q 6.20 : What is “net neutrality”?6-38
    • Q 6.20.1 : How did the issue of net neutrality come into being?6-39
    • Q 6.20.2 : What was the outcome of Verizon’s appeal of the 2010 Open Internet Order?6-40
    • Q 6.20.3 : What was the FCC’s response?6-40
  • : 2015 Open Internet Order6-42
  • : Generally6-42
  • Q 6.21 : How does the FCC’s 2015 Open Internet Order regulate “broadband Internet access services” (BIAS)?6-42
    • Q 6.21.1 : How did the FCC create its new regulatory framework for broadband Internet access services?6-43
  • : Broadband Internet Access Services (BIAS)6-43
  • Q 6.22 : What is BIAS?6-43
  • Q 6.23 : How did the FCC reclassify BIAS as a telecommunications service?6-43
    • Q 6.23.1 : Was there opposition to the reclassification of broadband services in the 2015 Open Internet Order?6-45
  • : Mobile Broadband6-46
  • Q 6.24 : How is mobile broadband treated under the new regulatory framework?6-46
  • : Edge Providers6-47
  • Q 6.25 : How is the service to the content of “edge” providers regulated?6-47
  • : State and Local Regulation of Broadband Services6-47
  • Q 6.26 : Can states and localities regulate broadband?6-47
  • : Forbearance from Certain Title II (and Other) Obligations6-48
  • Q 6.27 : Do all the requirements of Title II apply to BIAS?6-48
    • Q 6.27.1 : How were the forbearance decisions made?6-48
    • Q 6.27.2 : Which Title II requirements apply to BIAS?6-49
  • Q 6.28 : Which Title II requirements do not apply to BIAS?6-51
    • Q 6.28.1 : Are those entities that offered Internet transmission services prior to the reclassification of BIAS subject to Title II requirements?6-53
  • Q 6.29 : Did the FCC grant forbearance from provisions set forth in other titles of the Communications Act?6-53
  • : The 2015 Open Internet Rules6-54
  • : Scope6-54
  • Q 6.30 : What was the rationale for adopting the 2015 Open Internet Rules?6-54
  • Q 6.31 : What was the scope of the 2015 Open Internet Rules?6-55
    • Q 6.31.1 : Does the 2015 Open Internet Order regulate interconnection?6-55
    • Q 6.31.2 : What is a non-BIAS service?6-56
    • Q 6.31.3 : What are some examples of services that are not BIAS?6-56
  • : Prohibitions Against Specific Practices6-57
  • Q 6.32 : What specific practices do the FCC BIAS rules address?6-57
  • Q 6.33 : What is the prohibition on blocking?6-57
  • Q 6.34 : What is the prohibition on throttling?6-57
  • Q 6.35 : What is the prohibition on paid prioritization?6-58
  • : No-Unreasonable Interference/Disadvantage Standard6-59
  • Q 6.36 : What is the BIAS no-unreasonable interference/disadvantage standard?6-59
    • Q 6.36.1 : Does the BIAS standard of conduct address the practice of “sponsored data” (or “zero rating”)?6-60
  • : Implementation of the Rules6-61
  • Q 6.37 : What are the transparency requirements?6-61
    • Q 6.37.1 : Is a particular format mandated for the disclosures?6-62
    • Q 6.37.2 : What is reasonable network management?6-62
    • Q 6.37.3 : What is an example of a reasonable network management practice?6-63
  • : Broadband Consumer Privacy Rules6-63
  • Q 6.38 : Has the FCC taken any other steps to implement the 2015 Open Internet Order?6-63
    • Q 6.38.1 : What are the policy reasons behind the FCC’s BIAS privacy rules?6-64
    • Q 6.38.2 : Why did Congress use the Congressional Review Act to repeal BIAS-specific privacy rules?6-64
  • Q 6.39 : What has the FCC done during 2017 to review or reverse its BIAS regulations?6-65
  • : Enforcement6-66
  • Q 6.40 : What is the framework for enforcement of the 2015 Open Internet Rules?6-66
  • Q 6.41 : What are the consequences of noncompliance?6-67
  • : Broadband Connectivity Competition Policy6-67
  • Q 6.42 : What is the competition policy that applies to broadband networks and services?6-67
    • Q 6.42.1 : Is the FCC the only agency responsible for broadband competition policy?6-68
  • : Preserving an Open Internet/Promoting Competition: Other Considerations6-69
  • Q 6.43 : What other considerations play a role in achieving effective broadband deployment?6-69
    • Q 6.43.1 : What has the FCC done to address issues of facilities siting, easements, and rights of way?6-70
Chapter 7: Radio Spectrum Regulation and Licensing
  • : Spectrum Basics7-2
  • Q 7.1 : What is “radio spectrum”?7-2
  • : Regulation7-3
  • Q 7.2 : Why is radio spectrum use regulated?7-3
  • Q 7.3 : How is spectrum regulated in the United States?7-3
  • : Licensing7-4
  • Q 7.4 : Is a license required for all commercial and private spectrum usage?7-4
  • : Commercial Spectrum Usage7-5
  • : Permitted Radio Services7-5
  • Q 7.5 : What types of commercial spectrum usage does the FCC permit?7-5
  • : License Terms and Conditions7-8
  • Q 7.6 : Are there terms and conditions that go along with a license for commercial spectrum usage?7-8
    • Q 7.6.1 : What are the typical terms and conditions for spectrum use?7-8
    • Q 7.6.2 : … for bandwidth?7-9
    • Q 7.6.3 : … for geographic license area or site-based licenses?7-9
    • Q 7.6.4 : … for license term?7-11
    • Q 7.6.5 : … for performance or network construction?7-11
    • Q 7.6.6 : … for license renewal?7-12
    • Q 7.6.7 : … for technical parameters?7-13
  • Q 7.7 : What are the mechanisms for licensing commercial spectrum usage?7-15
    • Q 7.7.1 : How does the FCC award spectrum licenses where more than one party applies for the same license?7-15
  • Q 7.8 : Are there limits on the amount of commercial spectrum that may be licensed to one entity?7-17
    • Q 7.8.1 : Have FCC policies regarding mobile spectrum holdings changed?7-18
  • : Assignment and Transfer of License; Spectrum Leasing Arrangements7-20
  • Q 7.9 : May a license for commercial spectrum usage be sold?7-20
    • Q 7.9.1 : What is the process for approval of license assignments and transfers of control of licenses?7-21
  • Q 7.10 : May a license for commercial spectrum usage be sold in part?7-22
    • Q 7.10.1 : What is the difference between partitioning and disaggregation?7-22
    • Q 7.10.2 : In partial assignments of geographically licensed services, which party is responsible for meeting station construction requirements?7-23
  • Q 7.11 : May a license for commercial spectrum usage be leased?7-24
    • Q 7.11.1 : What is a spectrum manager lease?7-25
    • Q 7.11.2 : What is a short-term de facto transfer-of-control lease?7-26
    • Q 7.11.3 : What is a long-term de facto transfer-of-control lease?7-26
  • : Loss of License7-26
  • Q 7.12 : Can an FCC licensee lose its license?7-26
    • Q 7.12.1 : How can a license be lost by non-renewal?7-26
    • Q 7.12.2 : In what ways can a party lose its FCC license due to automatic termination?7-27
    • Q 7.12.3 : Under what circumstances can an FCC license be revoked?7-27
  • : Noncommercial Spectrum Usage7-28
  • Q 7.13 : What kinds of noncommercial spectrum usage does the FCC regulate?7-28
    • Q 7.13.1 : How does the FCC administer public safety spectrum?7-29
Chapter 8: Regulation of Mass Media
  • : Types of Regulated Broadcast Stations and Cable Systems8-2
  • Q 8.1 : What are the various types of media facilities that are regulated by the FCC?8-2
    • Q 8.1.1 : What is HD radio?8-3
    • Q 8.1.2 : What are translators and boosters?8-3
  • : Ownership of Broadcast Media8-4
  • : Generally8-4
  • Q 8.2 : What is the significance of “ownership” under the FCC’s rules?8-4
  • Q 8.3 : Who is deemed to hold an “attributable interest” in a broadcast station or cable system?8-4
    • Q 8.3.1 : Are there any exceptions to the attribution criteria?8-5
    • Q 8.3.2 : How is a party “insulated” from a broadcast or cable company’s day-to-day operations?8-6
  • : Limitations and Restrictions on Ownership8-6
  • Q 8.4 : In how many radio stations can one party own or hold an attributable interest?8-6
    • Q 8.4.1 : How does the FCC define a radio “market” for purposes of applying the local radio ownership rule?8-7
  • Q 8.5 : In how many TV stations can one party own or hold an attributable interest?8-8
  • Q 8.6 : In how many cable systems can one party own or hold an attributable interest?8-9
  • Q 8.7 : Are there any cross-ownership restrictions?8-9
    • Q 8.7.1 : What is the restriction on common ownership of radio and TV stations in the same market?8-10
    • Q 8.7.2 : What are the restrictions on common ownership of broadcast stations and daily newspapers in the same market?8-11
    • Q 8.7.3 : Are there any restrictions on common ownership of broadcast stations and cable systems or LECs in a local market?8-11
    • Q 8.7.4 : Are there any restrictions on common ownership of cable systems and LECs?8-11
  • Q 8.8 : Are there any restrictions on ownership of translators and boosters?8-12
  • Q 8.9 : Are there any restrictions on foreign ownership?8-12
  • Q 8.10 : Can a party own a broadcast station indefinitely?8-12
  • Q 8.11 : Can one party own a cable system indefinitely?8-13
  • : Acquisition of Broadcast Stations or Cable Systems8-13
  • Q 8.12 : How are broadcast stations or cable systems acquired?8-13
    • Q 8.12.1 : How can someone purchase a broadcast station?8-14
    • Q 8.12.2 : How can a party purchase a cable system?8-14
  • : Other Interested Parties8-15
  • Q 8.13 : Can an entity provide programming or other services to a broadcast station without owning it?8-15
  • Q 8.14 : What are the restrictions on passive lenders to broadcast or cable entities?8-16
  • : Regulation of Broadcast Stations and Cable Systems8-16
  • : Facilities and Personnel8-16
  • Q 8.15 : From where can the broadcast station be operated?8-16
    • Q 8.15.1 : What are the personnel and equipment requirements for the broadcast main studio?8-17
  • Q 8.16 : Where must the cable system office be located?8-17
  • Q 8.17 : Does the FCC regulate the employees that broadcasters or cable systems may hire?8-17
  • Q 8.18 : Can a broadcast station move to wherever it wants?8-18
  • Q 8.19 : What kinds of facilities modifications are permissible to a broadcast station?8-19
    • Q 8.19.1 : What are the deadlines for construction following FCC grant of a construction permit?8-19
  • : Carriage and Operation8-20
  • Q 8.20 : What are the principal television carriage obligations imposed on cable operators and other MVPDs?8-20
  • Q 8.21 : What channels are cable operators obliged to carry?8-21
  • Q 8.22 : Can a local cable system or satellite operator carry more than one network affiliate?8-21
  • Q 8.23 : What are the copyright restrictions imposed on MVPDs regarding the carriage of broadcast stations?8-21
  • Q 8.24 : What are the requirements regarding public inspection files?8-22
  • Q 8.25 : What environmental certifications must be made when filing an application for a new radio or television station, or to make changes to an existing authorization?8-23
  • Q 8.26 : Are the rates charged by cable operators to consumers regulated?8-24
  • Q 8.27 : Can a station go off the air to save money?8-24
  • : Programming/Content8-25
  • Q 8.28 : How do certain commercial television stations protect their network programming by exercising nonduplication rights?8-25
  • Q 8.29 : Is there any protection for a station’s syndicated (non-network) programming?8-25
  • Q 8.30 : Can cable companies enter into exclusive programming contracts?8-26
  • Q 8.31 : Is there any protection for sports programming?8-26
  • Q 8.32 : What are broadcasters’ obligations regarding participation in the Emergency Alert System?8-26
  • Q 8.33 : What are the requirements imposed on television stations and cable systems regarding closed captioning and video description?8-27
  • Q 8.34 : How are indecent and obscene programming regulated?8-28
  • Q 8.35 : What are the obligations when it comes to programming for children?8-29
  • Q 8.36 : What are “payola” and “plugola” restrictions?8-29
  • Q 8.37 : Can a station or a cable system broadcast or cablecast information regarding lotteries?8-30
  • Q 8.38 : Can a station or a cable system broadcast or cablecast station-sponsored or system-sponsored contests?8-31
  • Q 8.39 : What are the political broadcasting requirements?8-31
  • Q 8.40 : Are there any restrictions on radio station programming formats?8-31
  • : Advertising8-32
  • Q 8.41 : Can a broadcast station discriminate against certain racial or ethnic groups in terms of advertising?8-32
  • Q 8.42 : Can noncommercial stations air advertising announcements?8-32
  • Q 8.43 : What is the CALM Act?8-33
  • Q 8.44 : Can a station or cable system broadcast or cablecast advertisements for tobacco, hard liquor, Internet gambling, or medical marijuana establishments?8-33
  • : Spectrum Relinquishment8-34
  • Q 8.45 : What is the Incentive Auction program?8-34
    • Q 8.45.1 : What are the post-auction obligations of broadcast licensees relinquishing their spectrum?8-35
    • Q 8.45.2 : What are the post-auction obligations of wireless companies that won spectrum in the Incentive Auction?8-36
Chapter 9: Social Media Use by Broadcasters
  • : Overview9-2
  • Q 9.1 : How is social media different from “traditional” media and other broadcast models?9-2
  • Q 9.2 : How do broadcasters use social media?9-3
  • Q 9.3 : What are the most important practical considerations for broadcasters when thinking about the risks of using social media?9-4
  • Q 9.4 : How does the law view social media?9-6
  • Q 9.5 : How must broadcasters adjust their approach to how they handle communications in light of social media?9-7
  • : Types of Social Media Communications9-7
  • Q 9.6 : Are there different kinds of social media content?9-7
  • : Official Outbound Communications9-8
  • Q 9.7 : What are some examples of official outbound communications?9-8
    • Q 9.7.1 : Is there any difference between official outbound communications and advertising?9-8
    • Q 9.7.2 : What are some of the risks associated with outbound communications?9-8
    • Q 9.7.3 : How can companies avoid risks associated with outbound communications?9-9
  • : Unofficial Outbound Communications9-12
  • Q 9.8 : What are some examples of unofficial outbound communications?9-12
    • Q 9.8.1 : What are the risks associated with unofficial outbound communications?9-12
    • Q 9.8.2 : How can companies avoid risks associated with unofficial outbound communications?9-12
  • : Official Inbound Communications9-13
  • Q 9.9 : What are some examples of official inbound communications?9-13
    • Q 9.9.1 : What are the benefits of official inbound communications?9-13
    • Q 9.9.2 : What are the risks associated with official inbound communications?9-14
    • Q 9.9.3 : How can broadcasters avoid risks associated with official inbound communications?9-14
  • : Unofficial Inbound Communications9-15
  • Q 9.10 : What are some examples of unofficial inbound communications?9-15
    • Q 9.10.1 : What are the risks associated with unofficial inbound communications?9-15
    • Q 9.10.2 : How can broadcasters avoid risks associated with unofficial inbound communications?9-15
  • : Legal Issues and Other Considerations9-16
  • Q 9.11 : What are some of the legal considerations associated with social media that a company should be aware of?9-16
    • : Data Collection and Privacy9-17
    • Q 9.11.1 : What specific issues regarding data collection and privacy should broadcasters consider?9-17
    • Q 9.11.2 : What issues related to personal social media accounts of employees or job applicants should a company be aware of?9-18
    • : Endorsements9-19
    • Q 9.11.3 : What concerns do online endorsements raise for broadcasters?9-19
    • : Patent Infringement9-21
    • Q 9.11.4 : What patent infringement concerns does social media use raise for broadcasters?9-21
    • : Sweepstakes, Contests, and Other Promotions9-21
    • Q 9.11.5 : What concerns do online sweepstakes, contests, etc. raise for broadcasters?9-21
Chapter 10: ADA and Disabilities Access Requirements
  • : Statutory Framework10-2
  • Q 10.1 : What are the main statutes governing the accessibility of communications services and devices for individuals with disabilities?10-2
  • : Telecommunications Services for Hearing-Impaired and Speech-Impaired Individuals (Section 225)10-3
  • Q 10.2 : What does section 225 require?10-3
    • Q 10.2.1 : What are telecommunications relay services?10-3
    • Q 10.2.2 : What is IP Relay?10-3
    • Q 10.2.3 : What is Video Relay Service?10-3
    • Q 10.2.4 : What kinds of standards must TRS meet?10-4
  • : Access by Persons with Disabilities (Section 255)10-5
  • Q 10.3 : What are section 255’s disabilities access requirements?10-5
  • Q 10.4 : What is covered by section 255?10-6
    • Q 10.4.1 : What are the standards for compliance with section 255 obligations?10-6
    • Q 10.4.2 : For purposes of section 255’s disabilities access requirements, what does “accessible” mean?10-7
    • Q 10.4.3 : For purposes of section 255’s disabilities access requirements, what does “usable” mean?10-8
    • Q 10.4.4 : What is “readily achievable,” and what factors are considered in applying this standard?10-8
    • Q 10.4.5 : What are some examples of accessibility features that might be readily achievable?10-9
    • Q 10.4.6 : Is inclusion of accessibility features always required?10-9
  • Q 10.5 : What are the potential enforcement risks for noncompliance with section 255?10-9
  • : Twenty-First Century Communications and Video Accessibility Act of 201010-10
  • Q 10.6 : What is the Twenty-First Century Communications and Video Accessibility Act of 2010?10-10
  • Q 10.7 : What services and products are covered under the communications access provisions of the CVAA?10-10
  • Q 10.8 : What are the requirements for CVAA compliance?10-10
    • Q 10.8.1 : What are the standards for CVAA compliance?10-11
    • Q 10.8.2 : How does the CVAA’s “achievable” standard compare to the “readily achievable” standard under section 255?10-11
    • Q 10.8.3 : What factors are considered in applying this standard?10-12
    • Q 10.8.4 : Are there options for CVAA compliance?10-12
    • Q 10.8.5 : When must accessibility be considered?10-13
  • Q 10.9 : What are the enforcement risks for noncompliance with the CVAA?10-13
  • Q 10.10 : What services and products are covered under the video programming provisions?10-13
    • Q 10.10.1 : What video captioning on Internet programming is required under the CVAA?10-14
    • Q 10.10.2 : What phase-in timetables apply to closed-captioning of Internet video programming?10-14
    • Q 10.10.3 : How does the FCC enforce its Internet video captioning rules?10-15
  • : Hearing Aid Compatibility Act of 198810-15
  • Q 10.11 : What are the FCC’s hearing aid compatibility rules?10-15
    • Q 10.11.1 : Who is covered by the hearing aid compatibility rules?10-15
    • Q 10.11.2 : What are the standards for hearing aid compatibility compliance?10-16
    • Q 10.11.3 : What kind of reporting requirements exist for hearing aid compatibility compliance?10-17
    • Q 10.11.4 : What are the enforcement risks for hearing aid compatibility noncompliance?10-17
  • : Rehabilitation Act10-19
  • Q 10.12 : What provisions of the Rehabilitation Act pertain to communications and disabilities access?10-19
    • Q 10.12.1 : Who is regulated by Rehabilitation Act section 508?10-19
    • Q 10.12.2 : What products are covered by Rehabilitation Act section 508?10-19
    • Q 10.12.3 : What are the standards for compliance with Rehabilitation Act section 508?10-20
  • : Disabilities Access Compliance Programs10-20
  • Q 10.13 : What are the advantages of disabilities access compliance programs developed to address accessibility requirements?10-20
Chapter 11: Privacy and Data Security
  • : Protection of Consumer Privacy11-2
  • : Overview11-2
  • Q 11.1 : What federal agencies protect consumer privacy?11-2
    • Q 11.1.1 : What role does the Federal Trade Commission play in enforcement of consumer privacy protection?11-3
    • Q 11.1.2 : What role does the Federal Communications Commission play in enforcement of consumer privacy protection?11-4
    • Q 11.1.3 : What role does the Department of Health and Human Services play in enforcing consumer privacy protection?11-5
    • Q 11.1.4 : What role does the Consumer Financial Protection Bureau play in protecting consumer privacy and security?11-5
  • Q 11.2 : Do states have their own laws to protect consumer privacy?11-5
  • : Federal Trade Commission Enforcement of Consumer Privacy Protection11-6
  • : Federal Trade Commission Act11-6
  • Q 11.3 : How does the Federal Trade Commission protect consumer privacy under section 5 of the FTC Act?11-6
    • Q 11.3.1 : What are some examples of recent FTC enforcement actions?11-6
    • Q 11.3.2 : What are some examples of FTC policy initiatives aimed at protecting privacy and data security?11-7
    • Q 11.3.3 : What are some examples of the FTC’s consumer and business education agenda?11-8
  • Q 11.4 : What other statutes authorize the Federal Trade Commission to protect consumer privacy?11-9
    • : Children’s Online Privacy Protection Act11-9
    • Q 11.4.1 : How does the Children’s Online Privacy Protection Act authorize the FTC to protect consumer privacy?11-9
    • : Fair Credit Reporting Act11-10
    • Q 11.4.2 : How does the Fair Credit Reporting Act authorize the FTC to protect consumer privacy?11-10
    • : Gramm-Leach-Bliley Act11-12
    • Q 11.4.3 : How does the Gramm-Leach-Bliley Act authorize the FTC to protect consumer privacy?11-12
    • Q 11.4.4 : What does GLBA’s Privacy Rule (Reg. P) provide?11-12
    • Q 11.4.5 : What does GLBA’s Safeguards Rule provide?11-13
  • : Federal Communications Commission Enforcement of Consumer Privacy Protection11-14
  • Q 11.5 : What role does the Federal Communications Commission play in protecting consumer privacy?11-14
  • : Protection of Customer Proprietary Network Information11-15
  • Q 11.6 : How do federal statutes and FCC rules protect customer proprietary network information?11-15
    • Q 11.6.1 : Are there special customer privacy protections for communications made over broadband Internet?11-16
  • : Regulation of Telemarketing and Spam11-17
  • Q 11.7 : Which current laws address telemarketing and unsolicited email?11-17
    • Q 11.7.1 : How does the Telephone Consumer Protection Act regulate telemarketing?11-17
    • Q 11.7.2 : What are the consent requirements for telemarketing under the TCPA?11-19
    • Q 11.7.3 : How does the Telemarketing and Consumer Fraud and Abuse Prevention Act regulate telemarketing?11-20
    • Q 11.7.4 : How does the CAN-SPAM Act regulate unsolicited email?11-21
  • Q 11.8 : Is the FCC active in litigation and enforcement with respect to consumer privacy protection?11-21
  • : Protection of Health Privacy11-23
  • : Overview11-23
  • Q 11.9 : What federal laws protect health records and information from disclosure?11-23
    • Q 11.9.1 : What role does the FTC play in the protection of health privacy?11-24
    • Q 11.9.2 : Do states also protect healthcare privacy and security?11-24
  • : HIPAA Privacy Rule11-25
  • Q 11.10 : What is the purpose of the HIPAA Privacy Rule?11-25
    • Q 11.10.1 : What kinds of health information are protected by the HIPAA Privacy Rule?11-25
  • : Protection of Private Information and Communications11-26
  • Q 11.11 : What federal laws cover government access to private information?11-26
    • : Electronic Communications Protection Act11-27
    • Q 11.11.1 : How does the Electronic Communications Protection Act protect private communications?11-27
    • : Stored Communications Act11-28
    • Q 11.11.2 : How does the Stored Communications Act protect private communications?11-28
    • : Communications Assistance for Law Enforcement Act11-28
    • Q 11.11.3 : What does the Communications Assistance for Law Enforcement Act require of telecommunications providers?11-28
    • : USA PATRIOT Act11-30
    • Q 11.11.4 : How does the USA PATRIOT Act affect the ability of law enforcement to obtain access to private communications under the law?11-30
  • : National Security and Cybersecurity11-31
  • Q 11.12 : How is the federal government involved in protecting cybersecurity?11-31
  • : European Union and International Regulatory Framework11-32
  • Q 11.13 : How does the European Union protect consumer privacy?11-32
  • Q 11.14 : What other international efforts to protect consumer privacy exist?11-33
Chapter 12: Bankruptcy
  • : Bankruptcy Basics12-2
  • : Filing a Petition12-2
  • Q 12.1 : Why do companies typically file for bankruptcy?12-2
    • Q 12.1.1 : What happens when a bankruptcy petition is filed?12-3
  • : Jurisdiction12-3
  • Q 12.2 : Which courts have jurisdiction to handle bankruptcy cases?12-3
  • : Issues Specific to Telecommunications12-4
  • : Generally12-4
  • Q 12.3 : What special issues are raised by a bankruptcy filing by a telecommunications company?12-4
  • : Sale of Regulated Assets12-5
  • Q 12.4 : Who has jurisdiction to determine disposition of regulated telecommunications assets in bankruptcy?12-5
  • : Broadcast Stations in Bankruptcy12-7
  • Q 12.5 : What steps do broadcasters in bankruptcy need to take with the FCC when entering bankruptcy to maintain compliance with FCC requirements?12-7
  • : Wireless Licensees in Bankruptcy12-8
  • Q 12.6 : What steps do wireless licensees in bankruptcy need to take with the FCC when entering bankruptcy?12-8
  • : Common Carriers in Bankruptcy12-9
  • Q 12.7 : What steps do common carriers need to take with the FCC when entering bankruptcy?12-9
    • Q 12.7.1 : How do applicants qualify for streamlined processing?12-9
    • Q 12.7.2 : Can an otherwise-qualifying request for streamlined processing be denied?12-10
  • Q 12.8 : What steps are required when a common carrier discontinues operation?12-10
  • : State Law Considerations12-11
  • Q 12.9 : What state law considerations should a telecommunications company filing for bankruptcy be aware of?12-11
  • : Assignment or Transfer of FCC Licenses12-12
  • Q 12.10 : What is the “Second Thursday” policy, and how is it relevant to bankruptcy proceedings?12-12
  • Q 12.11 : Can a bankruptcy court enforce a security interest granted by a licensee to a lender in an FCC license?12-12
  • : Exemptions from the Automatic Stay12-15
  • Q 12.12 : If the FCC commences an administrative proceeding, does the Bankruptcy Code automatic stay apply, or is the administrative proceeding exempted as a police power?12-15
Chapter 13: Foreign Ownership and Participation
  • : Overview13-2
  • : Origins and Background13-2
  • Q 13.1 : What is the basis for the limits of foreign ownership of U.S. communications and telecommunications providers?13-2
    • Q 13.1.1 : Why did Congress include section 310(a) and (b) in the original Communications Act of 1934?13-3
    • Q 13.1.2 : Why was broadcasting included in section 310(b)?13-3
    • Q 13.1.3 : Why does section 310(b) remain in the Communications Act after all these years?13-4
  • : Businesses Subject to Foreign Ownership Limitations13-4
  • Q 13.2 : To which communications/telecommunications businesses do the section 310 foreign ownership limits apply?13-4
    • Q 13.2.1 : Where do the limits not apply?13-5
    • Q 13.2.2 : Section 310(b) refers only to corporations and “capital stock.” Do these limits apply only to corporations?13-5
  • : Communications Act Section 310(b)13-6
  • : Non-Controlling Interests; Controlling Foreign Interests13-6
  • Q 13.3 : What is the difference between subsections 310(b)(3) and (b)(4)?13-6
  • : Impact of WTO BTA and 1996 Act on Foreign Ownership Limits13-6
  • Q 13.4 : How did section 310(b) change in the mid 1990s?13-6
    • Q 13.4.1 : How does the WTO BTA affect U.S. limits on foreign ownership?13-7
    • Q 13.4.2 : How did the Telecommunications Act of 1996 affect the limits on foreign ownership?13-7
  • : FCC Application/Interpretation of Section 310(b)13-8
  • Q 13.5 : How and why did U.S. broadcast stations and U.S. telecommunications providers receive disparate treatment with regard to application of section 310(b)’s foreign ownership provisions?13-8
    • Q 13.5.1 : What kind of showing must be made to justify a ruling from the FCC that foreign ownership beyond the section 310(b) limit is permitted?13-10
    • Q 13.5.2 : What foreign ownership rules currently apply to broadcasters?13-12
  • : Calculating Foreign Ownership13-13
  • Q 13.6 : How are foreign ownership interests calculated under the FCC’s interpretations of section 310 over the years?13-13
    • Q 13.6.1 : How is foreign voting calculated?13-13
    • Q 13.6.2 : How is the percentage of foreign equity calculated?13-14
    • Q 13.6.3 : When is use of a “multiplier” permitted/not permitted?13-14
    • Q 13.6.4 : Are future interests such as warrants, options, and convertible debt included in calculating foreign ownership?13-15
  • : Compliance13-15
  • Q 13.7 : How does an entity with widely held ownership, such as a corporation whose stock is publicly traded, determine compliance with section 310(b)?13-15
  • Q 13.8 : What are some of the common pitfalls in determining compliance with section 310(b)?13-16
  • : Other Foreign Ownership Situations13-16
  • Q 13.9 : Does the FCC regulate foreign ownership in situations to which sections 310(a) and (b) do not apply?13-16
    • Q 13.9.1 : What was the ECO Test?13-16
    • Q 13.9.2 : What is “Team Telecom review”?13-17
Chapter 14: Regulating Customer Relationships
  • : Scope of Regulatory Jurisdiction14-2
  • : Federal Versus State Regulation Generally14-2
  • Q 14.1 : How is regulatory authority over wireless service divided between the state and federal governments?14-2
  • : Preemption of State Regulation of Entry by Wireless Carriers14-3
  • Q 14.2 : What qualifies as “entry” by wireless carriers?14-3
  • : Preemption of State Regulation of Rates Charged by Wireless Carriers14-4
  • Q 14.3 : What did Congress mean by “rates charged”?14-4
    • Q 14.3.1 : How has the FCC interpreted “rates charged”?14-5
    • Q 14.3.2 : How have courts interpreted “rates charged”?14-5
    • Q 14.3.3 : Are early termination fees “rates charged”?14-5
    • Q 14.3.4 : Are late fees “rates charged”?14-6
  • : State Regulation of Other Terms and Conditions of Service14-6
  • Q 14.4 : What qualifies as “other terms and conditions” of service, which the states can regulate?14-6
  • : Preemption of State Regulation of Environmental Effects of Radio Frequency Emissions14-7
  • Q 14.5 : What statutes preempt regulation of environmental effects?14-7
  • : Preemption of Personal Injury Claims14-8
  • Q 14.6 : Are personal injury claims challenging the safety of FCC-compliant wireless devices preempted by federal law?14-8
  • : Regulatory Role of the Federal Communications Commission14-8
  • : Generally14-8
  • Q 14.7 : What role has the FCC played in regulating the wireless customer relationship?14-8
    • : Truth in Billing14-9
    • Q 14.7.1 : What are the FCC’s truth-in-billing rules and requirements?14-9
    • : “Bill Shock”14-9
    • Q 14.7.2 : What is “bill shock,” and what measures has the FCC taken to regulate it?14-9
    • : “Cramming”14-10
    • Q 14.7.3 : What is “cramming,” and what steps has the FCC taken to regulate it?14-10
    • Q 14.7.4 : What types of communications services are within the scope of the FCC’s cramming rules?14-11
  • : Regulatory Role of Courts/Arbitrators14-11
  • Q 14.8 : What federal claims can be asserted against wireless carriers in a court proceeding?14-11
  • Q 14.9 : What state law claims can be asserted against a wireless carrier in a court proceeding?14-12
    • Q 14.9.1 : Can courts review matters that agencies are also reviewing?14-14
    • Q 14.9.2 : Can courts resolve matters collectively in class actions?14-15
Chapter 15: Copyrights and Communications Content
  • : Copyright Basics15-4
  • Q 15.1 : What is meant by copyright?15-4
    • Q 15.1.2 : How does copyright protection intersect with communications?15-4
  • Q 15.2 : What is the constitutional basis for copyright law?15-5
  • : Subject Matter of Copyright15-6
  • : Protectable Works15-6
  • Q 15.3 : What kind of works are eligible for copyright protection?15-6
    • Q 15.3.1 : What is the Copyright Act’s originality requirement?15-6
    • Q 15.3.2 : What is meant by “fixed in a tangible medium”?15-6
  • : Non-Protectable Works15-7
  • Q 15.4 : What works are not protected by copyright?15-7
  • Q 15.5 : What is the public domain?15-7
  • : Ownership of Copyright15-8
  • Q 15.6 : Who is the owner of a copyright?15-8
    • Q 15.6.1 : Who owns a copyright where the work has two or more authors?15-8
    • Q 15.6.2 : Who owns a copyright where the work was made for hire?15-8
    • Q 15.6.3 : What is the difference between a derivative work and a compilation?15-9
    • Q 15.6.4 : How is copyright ownership affected where an author contributes to a compilation or derivative work?15-9
  • : Exclusive Rights in Copyrighted Works15-9
  • Q 15.7 : What are exclusive rights?15-9
    • Q 15.7.1 : May a copyright owner sell or transfer those rights?15-10
  • : Copyright Infringement15-11
  • Q 15.8 : What is copyright infringement?15-11
    • : Direct and Secondary Liability15-11
    • Q 15.8.1 : What is direct liability?15-11
    • Q 15.8.2 : What is secondary liability?15-11
  • : Remedies to Infringement15-12
  • Q 15.9 : What remedies for infringement are available?15-12
  • : Limitations and Exceptions15-14
  • : Fair Use15-14
  • Q 15.10 : What is fair use?15-14
  • : Innocent Infringement15-15
  • Q 15.11 : What is innocent infringement?15-15
  • : Free Speech/First Amendment Protection15-15
  • Q 15.12 : Is copyright compatible with the First Amendment?15-15
  • : Limitations and Exceptions Affecting Communications Content15-16
  • Q 15.13 : What limitations and exceptions exist in copyright law that affect communications content?15-16
  • : Obtaining a Copyright15-18
  • Q 15.14 : How is a copyright obtained?15-18
    • : Registering a Copyright15-18
    • Q 15.14.1 : Is a copyright owner required to register the work to obtain copyright protection?15-18
    • Q 15.14.2 : Currently, are there any copyright formalities in the United States that must be complied with to obtain copyright protection?15-19
  • : U.S. Copyright Office15-20
  • Q 15.15 : What is the U.S. Copyright Office?15-20
  • : Copyright Issues in the Digital Age15-20
  • : Overview15-20
  • Q 15.16 : How have copyright laws changed in the digital environment?15-20
  • : Digital Rights Management15-21
  • Q 15.17 : What is digital rights management?15-21
    • : Access Controls15-22
    • Q 15.17.1 : What are access controls?15-22
    • Q 15.17.2 : What is the goal of DRM?15-22
  • : Copyright Management Information15-22
  • Q 15.18 : What is copyright management information?15-22
  • : Implementation of Digital Rights Management15-23
  • Q 15.19 : How do DRM systems determine who is entitled to access a work?15-23
    • Q 15.19.1 : How are DRM systems implemented and managed?15-24
  • Q 15.20 : What various media can DRM systems be used to protect?15-24
    • Q 15.20.1 : How are DRM systems used for film?15-25
    • Q 15.20.2 : … for cable television?15-25
    • Q 15.20.3 : … for sound recordings?15-26
    • Q 15.20.4 : … for games?15-26
    • Q 15.20.5 : … in “the cloud”?15-26
    • Q 15.20.6 : … for the Internet of things?15-27
  • Q 15.21 : What is the opposition to DRM?15-27
  • : Digital Millennium Copyright Act15-28
  • Q 15.22 : What is the Digital Millennium Copyright Act?15-28
  • : Circumvention Technologies15-29
  • Q 15.23 : How does the DMCA address circumvention technologies?15-29
    • Q 15.23.1 : What other anti-circumvention exemptions exist?15-30
  • Q 15.24 : How does the DMCA address violations of CMI?15-31
  • : Limitations on Liability15-32
  • Q 15.25 : How does the DMCA address infringement liability of Internet (or online) service providers?15-32
    • Q 15.25.1 : What “safe harbors” does the DMCA establish for online service providers against copyright liability?15-33
    • Q 15.25.2 : What provisions does the DMCA make for notice and takedown procedures?15-34
  • : Civil Remedies; Criminal Offenses and Penalties15-36
  • Q 15.26 : What are the remedies for violations of the DMCA?15-36
    • Q 15.26.1 : Do fair use considerations come into play?15-36
  • : Rights Management Treaties and Conventions15-37
  • : Berne Convention15-37
  • Q 15.27 : What is the Berne Convention for the Protection of Literary and Artistic Works?15-37
  • : WIPO Internet Treaties15-38
  • Q 15.28 : What are the WIPO Internet Treaties?15-38
    • Q 15.28.1 : What is the WIPO Copyright Treaty, and how has it been implemented?15-39
    • Q 15.28.2 : What is the WIPO Performances and Phonograms Treaty (WPPT)?15-40
    • Q 15.28.3 : What exceptions exist for uses of the copyrighted works by the visually impaired?15-40
    • Q 15.28.4 : What is the Beijing Treaty on Audiovisual Performances?15-41
  • : Trade-Related Aspects of Intellectual Property Rights Agreement15-42
  • Q 15.29 : What is the World Trade Organization Agreement on Trade-Related Aspects of Intellectual Property Rights?15-42
  • : Trans-Pacific Partnership Trade Agreement15-43
  • Q 15.30 : What is the Trans-Pacific Partnership?15-43
  • : Related-Rights Protection15-43
  • Q 15.31 : What is protection of copyright-related rights?15-43
  • : Collective Rights Management and Licensing15-44
  • Q 15.32 : What is a collective licensing organization?15-44
    • Q 15.32.1 : What do BMI, ASCAP, and SESAC do?15-44
    • Q 15.32.2 : How do the PROs grant licenses?15-44
  • Q 15.33 : Do other rights organizations operate in the digital communications space?15-45
    • Q 15.33.1 : Do collective licensing entities operate abroad?15-46
    • Q 15.33.2 : What does the future hold for voluntary collective licensing?15-46
  • : Emerging Technologies and Trends; Future Outlook15-47
  • Q 15.34 : Do emerging technologies affect copyright law and rights management of communications content?15-47
  • Q 15.35 : What is the “Internet of things,” and will it affect copyright law?15-48
  • Q 15.36 : What are examples of new technologies affected by digital rights management?15-48
  • Q 15.37 : What copyright issues does user-generated content raise?15-49
  • Q 15.38 : What copyright issues are raised by social media and social networking?15-50
  • Q 15.39 : What is streaming media?15-51
  • Q 15.40 : What is cloud computing?15-51
Chapter 16: FCC Equipment Rules
  • : Radio Frequency Devices16-2
  • Q 16.1 : What are radio frequency devices?16-2
    • Q 16.1.1 : What are some examples of unintentional radiators?16-2
    • Q 16.1.2 : … intentional radiators?16-3
    • Q 16.1.3 : … incidental radiators?16-3
  • : Equipment Authorization16-3
  • Q 16.2 : What is the purpose of the FCC equipment authorization program?16-3
  • Q 16.3 : What types of equipment require FCC equipment authorization?16-3
    • : Exempted Devices16-4
    • Q 16.3.1 : What devices are exempted from FCC equipment authorization requirements?16-4
  • Q 16.4 : Does the FCC certify the performance of equipment that complies with its equipment authorization procedures?16-4
  • : Equipment Authorization Procedures16-4
  • Q 16.5 : What types of equipment authorization are granted by the FCC?16-4
  • Q 16.6 : What is Verification?16-4
    • Q 16.6.1 : What types of equipment are subject to Verification?16-5
  • Q 16.7 : What is a Declaration of Conformity?16-5
    • Q 16.7.1 : What types of equipment are subject to a Declaration of Conformity?16-5
  • Q 16.8 : What is Certification?16-5
    • Q 16.8.1 : What types of equipment are subject to Certification?16-6
  • : Regulation and Compliance16-6
  • : Marketing of Radio Frequency Devices16-6
  • Q 16.9 : May radio frequency devices be sold prior to receipt of FCC equipment authorization?16-6
  • : Importation/Exportation of Radio Frequency Devices16-7
  • Q 16.10 : How do the FCC equipment authorization rules apply to equipment manufactured in a foreign country and imported into the United States?16-7
  • Q 16.11 : How do the FCC equipment authorization rules apply to equipment manufactured in the United States and exported to a foreign country?16-7
  • Q 16.12 : Does compliance with FCC equipment authorization requirements automatically qualify equipment under the European authorization scheme?16-8
  • : Measurement Procedures16-8
  • Q 16.13 : What are FCC “measurement procedures”?16-8
  • : “Responsible Party”16-9
  • Q 16.14 : Who is a “responsible party” with regard to the FCC equipment authorization rules?16-9
  • : Modification of Equipment16-9
  • Q 16.15 : Once FCC equipment authorization is granted, may a device be modified without seeking new FCC equipment authorization?16-9
  • : Software Defined Radios16-10
  • Q 16.16 : What requirements apply to software defined radios?16-10
  • : Labeling Requirements16-10
  • Q 16.17 : What labeling requirements apply to equipment receiving FCC equipment authorization?16-10
  • : Records Retention Requirements16-11
  • Q 16.18 : What records retention requirements apply to FCC equipment authorization?16-11
  • : Penalties (Forfeiture Proceedings)16-12
  • Q 16.19 : What penalties apply to the distribution of unauthorized equipment?16-12
Chapter 17: Political Broadcasting Rules
  • : Background17-2
  • Q 17.1 : Why are there FCC and FEC rules governing political broadcasting?17-2
  • : Definitions17-3
  • : Covered Communications17-3
  • Q 17.2 : To what types of communications do the FCC’s political broadcasting rules apply?17-3
  • : Qualified Candidate17-4
  • Q 17.3 : Who is a legally qualified candidate?17-4
  • : “Use” of Broadcast Facilities17-4
  • Q 17.4 : What constitutes a qualified “use” of broadcast facilities by candidates?17-4
    • Q 17.4.1 : When is an appearance of a candidate on broadcast facilities not considered “use” of broadcast facilities for purposes of the rules?17-5
  • : Obligations of Broadcast Facilities17-5
  • : Censorship17-5
  • Q 17.5 : Can a licensee station censor candidates’ communications?17-5
  • : Reasonable Access17-5
  • Q 17.6 : What is “reasonable access” for political broadcasting?17-5
    • Q 17.6.1 : To whom does a broadcast station have to provide reasonable access?17-6
    • Q 17.6.2 : Does a cable system have an obligation to provide reasonable access?17-6
    • Q 17.6.3 : What are the access obligations with respect to state and local candidates?17-6
  • : Equal Opportunity17-7
  • Q 17.7 : What is equal opportunity?17-7
    • Q 17.7.1 : Who is entitled to equal opportunity?17-7
    • Q 17.7.2 : When must opposing candidates receive “equal opportunities”?17-7
  • : Lowest Unit Charge17-8
  • Q 17.8 : What is the lowest unit charge?17-8
    • Q 17.8.1 : When does the lowest unit charge apply?17-8
    • Q 17.8.2 : To whom does the lowest unit charge apply?17-8
    • Q 17.8.3 : What rules for charges apply outside the lowest unit charge window?17-8
    • Q 17.8.4 : What are the campaign finance implications of offering to charge less than the lowest unit charge to political candidates?17-9
  • : Record-Keeping Requirements17-9
  • Q 17.9 : What are a broadcaster’s content/record-keeping requirements?17-9
  • : Federal Candidate Certification17-10
  • Q 17.10 : What is federal candidate certification?17-10
    • Q 17.10.1 : What must the certificate state?17-11
    • Q 17.10.2 : By when must a federal candidate certification be submitted to a station in order for the LUC to be applied?17-11
    • Q 17.10.3 : What are the consequences of failure to adhere to the certification requirements?17-11
  • : Content/Types of Communications17-12
  • Q 17.11 : Is a licensee responsible for the content of the candidates’ spots?17-12
  • Q 17.12 : What requirements regarding the content of broadcasts must a candidate for federal office fulfill in order to receive federal candidate certification (and thus qualify to receive the lowest unit charge)?17-12
  • : Sponsorship Identification17-12
  • Q 17.13 : What does the FCC’s sponsorship identification rule require ads to contain?17-12
  • Q 17.14 : What are the requirements for ads sponsored by third parties?17-13
  • : Issue Advertisements17-13
  • Q 17.15 : What are the requirements for issue advertisements?17-13
    • Q 17.15.1 : What is a political matter of national importance?17-14
  • : Electioneering Communications17-14
  • Q 17.16 : What is an electioneering communication?17-14
    • Q 17.16.1 : What information must electioneering communications disclaimers contain?17-14
    • Q 17.16.2 : What are the specifications for all electioneering communications disclaimers?17-15
    • Q 17.16.3 : What are the specifications for disclaimers for printed electioneering communications?17-15
    • Q 17.16.4 : What are the specifications for disclaimers for radio and television electioneering communications authorized by the candidate?17-16
    • Q 17.16.5 : What are the specifications for disclaimers for radio and television electioneering communications paid for by other persons and not authorized by the candidates?17-17
    • Q 17.16.6 : What are the specifications for disclaimers for electioneering communications paid for by political party committees?17-19
    • Q 17.16.7 : What electioneering communications are exempt from the disclaimer requirements?17-19
  • : Print Advertisements17-20
  • Q 17.17 : How much can be charged for space in newspapers or magazines in connection with a candidate’s campaign for nomination or election?17-20
  • : Public Communications17-20
  • Q 17.18 : What is a public communication?17-20
    • Q 17.18.1 : What disclaimers are required for public communications?17-20
  • : Implications of Citizens United17-21
  • Q 17.19 : What did the Citizens United case hold?17-21
  • Q 17.20 : What areas of political broadcasting are affected by Citizens United?17-21
    • Q 17.20.1 : What are the implications of Citizens United for political broadcasting regarding the content of political advertisements?17-22
    • Q 17.20.2 : … the timing of political advertisements?17-22
    • Q 17.20.3 : … state and local campaign finance laws prohibiting corporate political expenditures?17-23
Chapter 18: U.S. Indian Tribes and the Indian Country
  • : Overview of Indian Tribes and Indian Country18-2
  • Q 18.1 : What are Indian tribes?18-2
  • Q 18.2 : How are Indian tribes organized?18-2
  • Q 18.3 : Can Indian tribes engage in business activities?18-3
  • Q 18.4 : How are Indian tribes different from state, local, or county governments?18-3
  • Q 18.5 : What is Indian country?18-4
    • Q 18.5.1 : What is Indian trust land?18-4
  • : Regulatory Considerations of Doing Business in Indian Country18-4
  • : Applicable Laws Generally18-4
  • Q 18.6 : Do federal laws apply in Indian country?18-4
    • Q 18.6.1 : Do state or local laws apply in Indian country?18-4
    • Q 18.6.2 : Can an Indian tribe regulate non-Indians in Indian country?18-5
  • Q 18.7 : What government agencies are involved in approving leases, rights of way, or other business transactions in Indian country?18-5
  • : Tax Considerations18-5
  • Q 18.8 : Are there tax advantages to doing business in Indian country?18-5
  • : Financing, Other Commercial Transactions18-6
  • Q 18.9 : How are financing or other commercial transactions different when an Indian tribe is involved?18-6
  • : Applicable Telecommunications Laws and Regulations18-7
  • : Federal, State, and Local Regulation18-7
  • Q 18.10 : What federal telecommunications laws or regulations specifically reference or apply to Indian tribes or Indian country?18-7
    • Q 18.10.1 : Do state telecommunications laws or regulations apply to Indian tribes?18-7
    • Q 18.10.2 : Can Indian tribes regulate telecommunications?18-7
  • : FCC Programs and Initiatives18-8
  • Q 18.11 : What programs or initiatives has the FCC established to assist Indian tribes?18-8
    • Q 18.11.1 : What is the Tribal priority for new FM broadcast stations?18-8
    • Q 18.11.2 : What is the Tribal priority for low power FM radio service?18-9
    • Q 18.11.3 : What is the Tribal Mobility Fund?18-9
  • Q 18.12 : What recent proposals has the FCC made with respect to spectrum use over Tribal lands?18-9
  Index

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