Course Description: Telecommunications Law and Policy
Professor: Peter M. Shane
This course is designed to equip students to become effective policy advocates
with regard to federal administrative regulation (including deregulation
and re-regulation) of electronic audio, video and data signals. We will
begin by examining generally the powers, structure and decision making
processes of the Federal Communications Commission, and the legal and
political constraints within which it operates. The course will then sample
the rich array of issues requiring FCC resolution with regard to broadcast
radio and television, telephones, and cable systems. Among the topics
to be covered are policies for managing the electromagnetic spectrum;
administrative hearings, lotteries, and auctions as alternative methods
for assigning broadcast licenses; the fairness doctrine; children's TV
programming; the regulation of broadcast network relations with producers
and affiliated stations; the transition to digital television; the break-up
of AT&T; the implementation of competition in the telephone and cable
industries; compelled access and "must-carry" rules for cable systems
operators; and the control of indecent speech in different communications
media. The emphasis will be less on mastering the details of current law
- details that will surely continue to evolve because of the incredible
dynamism of the telecommunications industry - and more on identifying
the issues that Congress, the FCC and the courts have had to confront
in each of these areas and assessing the social and economic analyses
that have led to past and present policies. Evaluation will be based on
an exam, class participation, and two written memoranda students will
prepare during the course of the semester.