Volumes Overview This practical publication delivers a full picture of the telecommunications law and regulation in areas such as telecommunications equipment, long distance services, wireless services, the Internet and data services, information services, video services and more. Real-world scenarios cover e-mail, electronic data retention policies, key legislation, FCC rules, regulations and orders, and court decisions with extensive citations and cross-references. Kellogg, John Thorne Federal Telecommunications Law, Second Edition, the definitive legal guide to the new world of telecommunications, provides you with the thorough, authoritative analysis you need to understand and comply with the complex regulatory landscape in the industry. In this essential two-volume reference, you'll find timely review of key legislation, FCC rules, regulations and orders, and court decisions with extensive citations and cross-references for such essential topics as:
Prior regime[ edit ] Previously, the Communications Act of " Act" was the statutory framework for U. The Act created the FCC, the agency formed to implement and administer the economic regulation of the interstate activities of the telephone monopolies and the licensing of spectrum used for broadcast and other purposes.
The Act left most regulation of intrastate telephone services to the states. In the s and s, a combination of technological change, court decisions, and changes in U.
In this context, the Telecommunications Act was designed to allow fewer, but larger corporations, to operate more media enterprises within a sector such as Clear Channel's dominance in radioand to expand across media sectors through relaxation of cross-ownership rulesthus enabling massive and historic consolidation of media in the United States.
These changes amounted to a near-total rollback of New Deal market regulation.
Stated objective[ edit ] The Act's stated objective was to open up markets to competition by removing regulatory barriers to entry: The conference report refers to the bill "to provide for a pro-competitive, de-regulatory national policy framework designed to accelerate rapidly private sector deployment of advanced information technologies and services to all Americans by opening all telecommunications markets to competition".
It was the first bill signed at the Library of Congress. For example, it creates separate regulatory regimes for carriers providing voice telephone service and providers of cable televisionand a third for information services. One key provision allowed the FCC to preempt state or local legal requirements that acted as a barrier to entry in the provision of interstate or intrastate telecommunications service.
Since communications services exhibit network effects and positive externalitiesnew entrants would face barriers to entry if they could not interconnect their networks with those of the incumbent carriers.
Thus, another key provision of the Act sets obligations for incumbent carriers and new entrants to interconnect their networks with one another, imposing additional requirements on the incumbents because they might desire to restrict competitive entry by denying such interconnection or by setting terms, conditions, and rates that could undermine the ability of the new entrants to compete.
Under these conditions, many calls will arise between parties on different networks. While it might be possible to have the calling party pay its carrier and the called party pay its carrier, for various reasons it has been traditional in the United States for the calling party's carrier to pay the called party's carrier for completing the call — this is called intercarrier compensation —and, in turn, recover those costs in the rates charged to its subscribers.
RBOCs may enter long distance. To foster competition in both the long distance and local markets, the Act created a process by which the Regional Bell Operating Companies "RBOCs" would be free to offer long distance service which was not permitted under one of the terms of the Modified Final Judgement settling the government's antitrust case against the former Bell System monopoly  once they made a showing that their local markets had been opened up to competition.
To allow new entrants enough time to fully build out their own networks, the Act requires the incumbent local exchange carriers to make available to entrants, at cost-based wholesale rates, those elements of their network to which entrants needed access in order not to be impaired in their ability to offer telecommunications services.
Prior to enactment of the Act, universal service had been funded through implicit subsidieslevied as above-cost business rates, urban rates, and above-cost rates for the " access charges " that long distance carriers paid as intercarrier compensation to local telephone companies for originating and terminating their subscribers' long-distance calls.
Recognizing that new entrants would target those services that had above-cost rates, and thus erode universal service support, Congress included in the Act a provision requiring universal service support to be explicit, rather than hidden in above-cost rates.
For example, competition was envisioned between the incumbent local and long distance wireline carriers plus new competitive local exchange carriers, all of which used circuit-switched networks to offer voice services.
It did not envision the intermodal competition that has subsequently developed, such as wireless service competing with both local and long distance wireline service, VoIP competing with wireline and wireless telephony, IP video competing with cable television.
Providers from separate regulatory regimes have been brought into competition with one another as a result of subsequent deployment of digital broadband technologies in telephone and cable networks.
Voice and video services can now be provided using Internet protocol and thus might be classified as unregulated information services, but these services compete directly with regulated traditional voice and video services.
Moreover, these digital technologies do not recognize national borders, much less state boundaries. As a result, the current statutory and regulatory framework may be inconsistent with, or unresponsive to, current market conditions in several ways: For certain long distance calls, if the caller uses a wireless telephone number, the caller's wireless carrier is subject to a cost-based "reciprocal compensation" intercarrier compensation charge for the termination of that call.
But if the caller made an identical call, from the same location to the same called party, using a wireline telephone and hence a wireline long distance carrierthat carrier would be subject to above cost "access charges" for the completion of the call. When a long distance call is made to a called party's wireline telephone, that party's wireline local exchange carrier can charge the calling party's long distance carrier an above-cost access charge for terminating the call; but if an identical long distance call were made to ths same called party, from and to the same physical location, but to the called party's wireless telephone, the called party's wireless carrier is not allowed to charge the calling party's long distance carrier any access charge for terminating the call.
Indeed, the average intercarrier compensation rate ranges from 0. One Component of Telecom Reform, at pp. Economic regulations intended to protect against monopoly power may not be fully taking into account intermodal competition. The framework may not effectively address interconnection, access, and social policy issues for an IP architecture in which multiple applications ride on top of the physical transmission network layer.
Generally speaking, the number of broadband networks is limited by cost constraint up-front, fixed costs—which do not apply to applications providers. In this new environment, there will be three broad categories of competition: In addition, there will continue to be niche providers that offer consumers users competitive options for specific services.Arabic language prevails, although the TRA's website does publish an English translation of the Telecommunications Law (see here) and Regulations (see here).
The UAE currently has a policy of a duopoly market for public telecommunications services. May 10, · The FCC’s rules and regulations are located in Title 47 of the Code of Federal Regulations (CFR).
The official rules are published and maintained by the Government Printing Office (GPO) in the Federal Register.
Additional information about the Federal Register is available at the National Archives and Records Administration web site. Telecommunications Law and Regulations in the Middle East Conference is a platform to gain key insights from national regulators and leading operators regarding crucial consumer protection and data privacy issues, regional regulatory developments and ground-breaking innovation in the Smart City Era.
Telecommunications Law and Regulations in the Middle East Conference is a platform to gain key insights from national regulators and leading operators regarding crucial consumer protection and data privacy issues, regional regulatory developments and ground-breaking innovation in the Smart City Era.
Whether you are a global tech giant, a supplier to, or customer of, the tech industry, or a start up with a great idea, we can help you navigate the legal and regulatory challenges.
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I TELECOMMUNICATIONS REGULATION: AN INTRODUCTION tor was the passage of an important new law to govern telecommunications in the United States, the Telecommunications Act of Telecommunications these regulations, even if they work well for existing markets, have pretty poor.