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xv | |
Copyright Permissions |
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xix | |
Preface |
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xxi | |
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Part One. Spectrum and Broadcast |
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3 | (432) |
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5 | (46) |
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5 | (1) |
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6 | (9) |
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The Early History of Broadcast |
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15 | (15) |
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Rationales for Regulation |
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30 | (21) |
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31 | (3) |
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Coase, Why Not Use the Pricing System in the Broadcast Industry? |
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34 | (4) |
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Special Interest Protectionism |
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38 | (1) |
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Hazlett, The Rationality of U.S. Regulation of the Broadcast Spectrum |
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38 | (8) |
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46 | (5) |
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51 | (16) |
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51 | (1) |
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51 | (6) |
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The Federal Communications Commission |
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57 | (5) |
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An Overview of Spectrum Management |
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62 | (2) |
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Regulatory Tradeoffs and Allotment |
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64 | (3) |
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67 | (46) |
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67 | (1) |
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68 | (15) |
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69 | (1) |
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Redevelopment of Spectrum to Encourage Innovation in the Use of New Technologies |
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69 | (8) |
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Authorizing Satellite Radio |
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77 | (1) |
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Establishment of Rules and Policies for the Digital Audio Radio Satellite Service Band |
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77 | (6) |
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Dedicating Spectrum to Unlicensed Uses |
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83 | (18) |
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The Spectrum Policy Task Force Report |
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83 | (1) |
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Spectrum Policy Task Force Report |
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84 | (9) |
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93 | (1) |
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Benkler, Some Economics of Wireless Communications |
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93 | (8) |
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101 | (12) |
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Authorizing Additional Licensed Uses |
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101 | (2) |
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Unlicensed Secondary Services |
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103 | (2) |
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Spectrum Leasing and Private Commons |
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105 | (2) |
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Promoting Efficient Use of Spectrum Through Elimination of Barriers to the Development of Secondary Markets |
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107 | (6) |
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Structuring and Assigning Licenses |
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113 | (84) |
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113 | (1) |
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License Renewal and Transfer |
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114 | (12) |
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114 | (5) |
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119 | (2) |
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Changes in the Entertainment Formats of Broadcast Stations |
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121 | (3) |
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FCC v. WNCN Listeners Guild |
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124 | (2) |
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126 | (38) |
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Uncontested Initial Assignment Hearings |
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127 | (1) |
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127 | (1) |
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Charles Henry Gunthorpe, Jr. |
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128 | (2) |
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Comparative Initial Assignment Hearings |
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130 | (2) |
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FCC Policy Statement on Comparative Broadcast Hearings |
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132 | (4) |
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136 | (1) |
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Application of Simon Geller |
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136 | (6) |
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Special Considerations for Racial Minorities and Women |
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142 | (1) |
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Metro Broadcasting, Inc. v. FCC |
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143 | (14) |
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Lutheran Church Missouri Synod v. FCC |
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157 | (7) |
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Transition to Lotteries, Auctions |
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164 | (33) |
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Reform of the Licensing Process |
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165 | (1) |
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Prevention of Abuses of the Renewal Process |
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165 | (4) |
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169 | (1) |
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Kwerel and Felker, Using Auctions to Select FCC Licenses |
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170 | (7) |
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Initial Assignment by Auction |
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177 | (1) |
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Implementation of Section 309(J) of the Communications Act---Competitive Bidding for Commercial Broadcast Licenses |
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178 | (8) |
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Bankruptcy and the Limits of FCC Authority |
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186 | (2) |
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Nextwave Personal Communications v. FCC |
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188 | (9) |
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Public Trustee Obligations |
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197 | (150) |
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197 | (1) |
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The Fairness Doctrine and Related Obligations |
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198 | (56) |
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198 | (1) |
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Miami Herald Publishing Co. v. Tornillo |
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198 | (2) |
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Red Lion Broadcasting Co. v. FCC |
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200 | (8) |
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208 | (9) |
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Complaint of Syracuse Peace Council |
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217 | (7) |
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The Personal Attack and Political Editorial Rules |
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224 | (3) |
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227 | (1) |
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Request of ABC, Inc. for Declaratory Ruling |
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228 | (9) |
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Request for Declaratory Ruling of National Association of Broadcasters Regarding Section 312(A)(7) of the Communications Act |
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237 | (3) |
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Petition for Reconsideration by People for the American Way and Media Access Project of Declaratory Ruling Regarding Section 312(A)(7) of the Communications Act |
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240 | (7) |
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The Scarcity Rationale in Other Media |
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247 | (1) |
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Time Warner Entertainment Co. v. FCC (1996) |
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248 | (2) |
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Time Warner Entertainment Co. v. FCC (1997) |
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250 | (4) |
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254 | (46) |
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FCC v. Pacifica Foundation |
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254 | (12) |
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Action for Children's Television v. FCC [ACT III] |
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266 | (20) |
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Complaints Against Various Broadcast Licensees Regarding Their Airing of the ``Golden Globe Awards'' Program |
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286 | (3) |
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Complaints Against Various Television Licensees Regarding Their Broadcast on November 11, 2004 of the ABC Television Network's Presentation of the Film ``Saving Private Ryan'' |
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289 | (5) |
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Complaints Regarding Various Television Broadcasts Between February 2, 2002 and March 8, 2005 |
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294 | (6) |
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Televised Violence and Blocking Unwanted Material |
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300 | (6) |
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306 | (29) |
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Children's Television Programming and Advertising Practices |
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307 | (6) |
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Policies & Rules Concerning Children's Television Programming (1991) |
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313 | (3) |
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Policies & Rules Concerning Children's Television Programming (1996) |
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316 | (19) |
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Commercialization, Ascertainment, and Other Rules |
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335 | (12) |
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Deregulation of Commercial Television, Report and Order |
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336 | (11) |
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347 | (42) |
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347 | (1) |
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348 | (7) |
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Advanced Television Systems (1991) |
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349 | (6) |
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355 | (12) |
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Advanced Television Systems (1996) |
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356 | (11) |
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367 | (11) |
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Advanced Television Systems (1997) |
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367 | (11) |
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378 | (3) |
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Public Interest Obligations |
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381 | (8) |
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Final Report of the Advisory Committee on Public Interest Obligations of Digital Television Broadcasters |
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381 | (8) |
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389 | (46) |
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389 | (1) |
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Television Networks and Vertical Integration |
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389 | (14) |
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Schurz Communications v. FCC |
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392 | (11) |
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403 | (32) |
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Prometheus Radio Project v. FCC |
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408 | (27) |
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Part Two. The Emerging Video Marketplace |
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435 | (258) |
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437 | (48) |
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437 | (1) |
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The MVPD Competitive Landscape |
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438 | (2) |
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440 | (4) |
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Coase, Why Not Use the Pricing System in the Broadcast Industry? |
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442 | (2) |
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Why Regulate: Natural Monopoly |
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444 | (6) |
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Why Regulate: Implications for Broadcast |
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450 | (22) |
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Besen and Crandall, The Deregulation of Cable Television |
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451 | (12) |
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Home Box Office (HBO) v. FCC |
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463 | (9) |
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Who Regulates Cable Television |
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472 | (13) |
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Time Warner Entertainment Co. v. FCC |
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476 | (9) |
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485 | (84) |
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485 | (1) |
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485 | (26) |
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485 | (4) |
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Syndicated Exclusivity and Network Nonduplication |
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489 | (1) |
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490 | (7) |
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Direct Broadcast Satellite |
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497 | (1) |
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CBS Broadcasting v. Primetime 24 |
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498 | (7) |
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The Satellite Television Act of 1999 |
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505 | (6) |
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Programs Grouped into Signals |
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511 | (58) |
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First Amendment Challenges to Cable Must-Carry |
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514 | (1) |
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Turner Broadcasting System Inc. v. FCC [Turner I] |
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514 | (17) |
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Turner Broadcasting System Inc. v. FCC [Turner II] |
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531 | (17) |
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First Amendment Challenges to DBS Must-Carry |
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548 | (1) |
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Satellite Broadcasting & Communications Ass'n v. FCC |
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549 | (12) |
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Must-Carry and the Digital Transition |
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561 | (1) |
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Carriage of Digital Television Broadcast Signals, Second Report and Order |
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561 | (8) |
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569 | (44) |
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569 | (1) |
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Protecting Program Suppliers |
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570 | (15) |
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Time Warner Entertainment Inc. v. FCC |
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571 | (14) |
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Regulation of Program Supply Contracts |
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585 | (28) |
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585 | (1) |
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Development of Competition and Diversity in Video Programming Distribution and Carriage, First Report and Order |
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585 | (15) |
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Extension of the Program Access Rules |
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600 | (1) |
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Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Report and Order |
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600 | (4) |
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Extension of the Program Access Rules to DirecTV |
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604 | (1) |
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General Motors Corp. and Hughes Electronic Corp., Transferors, and News Corp. Ltd., Transferee |
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604 | (9) |
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Emerging Issues in the Video Marketplace |
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613 | (42) |
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613 | (1) |
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614 | (25) |
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614 | (1) |
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Sunstein, The First Amendment in Cyberspace |
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614 | (7) |
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621 | (9) |
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The Commission on Cable a la Carte |
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630 | (1) |
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Further Report on the Packaging and Sale of Video Programming Services to the Public |
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631 | (6) |
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637 | (2) |
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639 | (16) |
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American Library Association v. FCC |
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643 | (12) |
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655 | (38) |
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655 | (1) |
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655 | (3) |
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655 | (3) |
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658 | (20) |
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Denver Area Educational Telecommunications Consortium, Inc. v. FCC |
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658 | (20) |
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United States v. Playboy Entertainment Group, Inc. |
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678 | (15) |
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United States v. Playboy Entertainment Group, Inc. |
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678 | (15) |
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Part Three. Telephone Regulation |
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693 | (210) |
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An Introduction to Telephone Regulation |
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695 | (18) |
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695 | (1) |
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695 | (8) |
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Infrastructure and Intuitions |
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703 | (4) |
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Telephone System Vocabulary |
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703 | (1) |
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704 | (3) |
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707 | (6) |
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708 | (1) |
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708 | (5) |
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Defining the Telephone Monopoly |
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713 | (34) |
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713 | (1) |
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Precursors to Divestiture |
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714 | (9) |
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714 | (1) |
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Huber, Kellogg, and Thorne, Federal Telecommunications Law |
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714 | (4) |
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Competition in Long Distance Telephony |
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718 | (2) |
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Communications and Computer Convergence |
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720 | (1) |
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Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications |
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721 | (2) |
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Breaking up Bell: The 1984 Divestiture |
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723 | (24) |
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724 | (1) |
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United States v. American Telephone and Telegraph Co. |
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724 | (8) |
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Notes on the Government's Theory |
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732 | (7) |
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Monopoly Boundaries After Divestiture |
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739 | (1) |
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Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications |
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739 | (8) |
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Rate Regulation and Universal Service |
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747 | (24) |
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747 | (1) |
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747 | (16) |
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Rate of Return Regulation |
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747 | (3) |
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750 | (1) |
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Policy and Rules Concerning Rates for Dominant Carriers |
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751 | (8) |
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Rate Regulation as Markets become Competitive |
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759 | (2) |
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Robinson, The Titanic Remembered: AT&T and the Changing World of Telecommunications |
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761 | (2) |
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763 | (8) |
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763 | (2) |
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765 | (3) |
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Universal Service After Divestiture |
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768 | (3) |
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The Telecommunications Act of 1996 |
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771 | (28) |
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771 | (1) |
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The Local Competition Provisions |
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772 | (9) |
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Implementation of the Local Competition Provisions of the Telecommunications Act of 1996, First Report and Order |
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774 | (7) |
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Jurisdiction to Implement the 1996 Act |
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781 | (18) |
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Local Competition, National Regulation |
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781 | (6) |
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United States Telecom Association v. FCC (USTA II) |
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787 | (1) |
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788 | (1) |
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Nixon v. Missouri Municipal League |
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789 | (4) |
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AT&T Communications of Illinois v. Illinois Bell |
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793 | (6) |
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Unbundling, Interconnection, and Line-of-Business Regulation Under the 1996 Act |
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799 | (64) |
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799 | (1) |
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799 | (26) |
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799 | (1) |
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AT&T Corporation v. Iowa Utilities Board |
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799 | (7) |
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After Iowa Utilities Board |
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806 | (4) |
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United States Telecom Association v. FCC (USTA II) |
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810 | (10) |
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820 | (1) |
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Review of the Section 251 Unbundling Obligations of Incumbent Local Exchange Carriers |
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820 | (5) |
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825 | (23) |
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Verizon Communications Inc. v. FCC |
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828 | (14) |
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Review of the Commission's Rules Regarding the Pricing of Unbundled Network Elements |
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842 | (6) |
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848 | (13) |
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Developing a Unified Intercarrier Compensation Regime (2001) |
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851 | (3) |
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Developing a Unified Intercarrier Compensation Regime (2005) |
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854 | (7) |
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BOC Line of Business Restrictions |
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861 | (2) |
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Universal Service and Access Charge Reform Under the 1996 Act |
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863 | (40) |
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863 | (1) |
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863 | (18) |
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FCC News Release: Joint Board Adopts Universal Service Recommendations |
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866 | (2) |
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Federal-State Joint Board on Universal Service (1997) |
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868 | (13) |
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881 | (22) |
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Access Charge Reform, First Report and Order |
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881 | (10) |
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Federal-State Joint Board on Universal Service (2004) |
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891 | (12) |
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Part Four. The Internet and Advanced Services |
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903 | (150) |
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905 | (50) |
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905 | (1) |
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The History and Architecture of the Internet |
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905 | (8) |
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913 | (42) |
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The Principles of Internet Unregulation |
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915 | (1) |
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A Framework for Global Electronic Commerce |
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915 | (2) |
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917 | (1) |
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Sable Communications of California, Inc. v. FCC |
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918 | (5) |
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Regulations Concerning Indecent Communications by Telephone |
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923 | (4) |
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927 | (9) |
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936 | (11) |
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947 | (1) |
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MGM Studios, Inc. v. Grokster |
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948 | (7) |
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955 | (98) |
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955 | (1) |
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Advanced Services Under Section 706 |
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955 | (18) |
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Inquiry Concerning the Deployment of Advanced Telecommunications |
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957 | (11) |
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Availability of Advanced Telecommunications Capability in the United States |
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968 | (5) |
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Unbundling, Interconnection, and Advanced Services |
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973 | (11) |
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Intercarrier Compensation for ISP-Bound Traffic |
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980 | (4) |
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Regulating DSL and Cable Modem Services |
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984 | (28) |
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986 | (4) |
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National Cable & Telecommunications Ass'n v. Brand X Internet Services |
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990 | (17) |
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Appropriate Framework for Broadband Access to the Internet over Wireline Facilities (2002) |
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1007 | (5) |
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1012 | (16) |
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Appropriate Framework for Broadband Access to the Internet over Wireline Facilities (2005) |
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1013 | (2) |
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Atkinson and Weiser, A ``Third Way'' on Network Neutrality |
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1015 | (13) |
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Voice over Internet Protocol (VoIP) |
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1028 | (19) |
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Petition for Declaratory Ruling that pulver.com's Free World Dialup is Neither Telecommunications nor a Telecommunications Service |
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1030 | (5) |
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Petition for Declaratory Ruling that AT&T's Phone-to-Phone IP Telephony Services are Exempt from Access Charges, Order |
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1035 | (6) |
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American Council on Education v. FCC |
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1041 | (6) |
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Competition in Telephony and Advanced Services |
|
|
1047 | (6) |
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1053 | (44) |
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Antitrust and Merger Review in Telecommunications |
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1055 | (42) |
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1055 | (1) |
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Merger Enforcement and Telecommunications Regulation |
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1055 | (36) |
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Background on Merger Policy |
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1056 | (4) |
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The SBC/Ameritech Proceeding |
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1060 | (1) |
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Applications of Ameritech Corp., Transferor, and SBC Communications, Inc., Transferee, for Consent to Transfer Control of Licenses and Lines Pursuant to Sections 214 and 310(D) of the Communications Act |
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1060 | (11) |
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Separate Statement of Commissioner Harold Furchtgott-Roth |
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1071 | (5) |
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Statement of Commissioner Michael K. Powell |
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1076 | (2) |
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Reforming the FCC's Merger Review Process |
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1078 | (1) |
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Statement of Chairman William E. Kennard |
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1078 | (2) |
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Statement of Commissioner Harold Furchtgott-Roth |
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1080 | (1) |
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The FCC's Own Institutional Reforms |
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1081 | (3) |
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The Elusive Effort to Restrict Merger Review Authority |
|
|
1084 | (1) |
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FCC Approves SBC/AT&T and Verizon/MCI Mergers |
|
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1085 | (6) |
|
Antitrust in a Regulatory Thicket |
|
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1091 | (6) |
|
Verizon v. Law Offices of Curtis v. Trinko |
|
|
1091 | (6) |
Statutory Appendix |
|
1097 | (74) |
Conceptual Index and Telecommunications Glossary |
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1171 | |