- Collection:
- Dean Rusk International Law Center Collections
- Title:
- Cable Traffic and the First Amendment Must-Carry Under a Diversity Approach and Antitrust as Possible Alternative
- Creator:
- Vandermeulen, Bruno
- Date of Original:
- 1989-01-01
- Subject:
- University of Georgia. School of Law
Law--Study and teaching
International law - Location:
- United States, Georgia, Clarke County, Athens, 33.96095, -83.37794
- Medium:
- dissertations
- Type:
- Text
- Format:
- application/pdf
- Description:
- Cable traffic -- Cable regulation -- FCC -- First Amendment -- Must-carry rules -- Antitrust -- 1934 Communications Act -- Public Interest Standard -- Anti-concentration -- Speech-neutral regulation -- Speech-affecting regulation -- Equal Time Rule -- Fairness Doctrine -- Prime Time Access Rules -- Syndicated Exclusivity Rule -- Distant Signal Rule -- Reasonably Ancillary Doctrine -- 1984 Cable Policy Act -- Media law -- Scarcity Rationale -- Quincy Cable Decision -- O'Brien Test -- Substantial Government Interest -- Century Communications Decision -- Associated Press v. United States -- Marketplace of ideas -- Natural monopoly -- Antitrust suits -- Cable carriage -- Standing of a Broadcaster -- New York Citizens Committee Case -- Antitrust and Trade Regulation -- Business Organizations Law -- Civil law -- Commercial Law -- Communications Law -- Entertainment, Arts, and Sports Law -- Estates and Trusts -- First Amendment -- Law and economics -- Law and Society -- Science and Technology Law
Recent technological progress in the field of telecommunications has greatly changed the competitive structure between broadcasters, cable operators, and telephone companies. The legal and economic environment for these media participants has shifted, and new problems have arisen. One major problem is the enhanced threat of concentration of media corporations, as corporate bigness becomes desirable and the number of diversified owners of media outlets continues to decrease. This paper analyzes broadcasting regulations and subsequent case law to show the concern by the legislature and regulatory agencies to preserve diversity in opinion and media-ownership through emphasis on “localism” and a “marketplace of ideas.” Specifically, this paper will examine the controversy around the constitutional validity of “must-carry” rules enacted by the FCC in 1965. This paper also analyzes current antitrust law to examine if and to what extent antitrust could serve as an alternative means for local broadcasters to seek carriage on the cable system. - External Identifiers:
- Metadata URL:
- https://digitalcommons.law.uga.edu/stu_llm/166
- Holding Institution:
- Alexander Campbell King Law Library
- Rights:
-
