All About Cable and Broadband

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James C. Goodale, Rob Frieden

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All About Cable and Broadband (formerly All About Cable) is a forward-looking, comprehensive survey of the law at every level as it applies to cable networks and their television systems, to cable's satellite competitors, and to the convergence of these technologies with the broadband Internet and digital telephony.

Cited by the Supreme Court in Turner Broadcasting v. Federal Communications Commission, All About Cable and Broadband provides a comprehensive guide for entrepreneurs and attorneys on a broad range of topics, including: content regulation; horizontal and vertical ownership; interactive television; franchise transfer; pole attachments for information services; rate regulation; access to multiple-dwelling units; broadcast signal carriage; effective competition; subscriber privacy rights; access channels; theft of service; copyright; preemption; and conflict law. Additionally, the treatise addresses the new universe of questions raised by the proliferation of wireless devices.

#00570; looseleaf, one volume, 1,198; published in 1981, updated as needed; no additional charge for updates during your subscription. Looseleaf print subscribers receive supplements. The online edition is updated automatically. ISBN: 978-1-58852-012-8

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  • Availability: Available
  • Brand: Law Journal Press
  • Product Type: Books
  • Edition: 0
  • Page Count: 1198
  • ISBN: 978-1-58852-012-8
  • Pub#/SKU#: 570
  • Volume(s): 1

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  • James C. Goodale
A former vice chairman of The New York Times, James C. Goodale is the founder of Debevoise & Plimpton's LLP's communications law practice in New York and Washington, D.C. Mr. Goodale, who received his B.A. from Yale University and his J.D. from the University of Chicago Law School, has taught communications law at Yale, New York University and Fordham Law Schools. He is also a past chairman of the New York State Bar Special Committee on Access and the Communications Law Committee of the Association of the Bar of the City of New York.

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  • Rob Frieden
Rob Frieden serves as Pioneers Chair and is a Professor of Telecommunications and Law at Penn State University.

A Brief History of Cable Television in the United States

§ 1.01 Early Broadcasting Regulation
§ 1.02 Early Cable
§ 1.03 First FCC Review of Cable
§ 1.04 1959 First Report and Order
§ 1.05 The Carter Mountain Case
§ 1.06 The Intermountain Broadcasting and CableVision Cases
§ 1.07 The 1965 Order and Inquiry
§ 1.08 Legislative Proposals and Congressional Hearings
§ 1.09 The 1966 Second Report and Order
§ 1.10 Restrictions on Telephone Common Carriers
§ 1.11 1968-1972 Events
§ 1.12 The 1972 Cable Rules
§ 1.13 Copyrights
§ 1.14 The 1984 Cable Act
§ 1.15 The 1992 Cable Act
[1] Consideration of Re-Regulation of Cable
[2] Enactment of the 1992 Cable Act
[3] Effects of the 1992 Act
[4] Implementation and Judicial Review of the 1992 Act
§ 1.16 The Telecommunications Act of 1996
[1] Enactment of the 1996 Telecommunications Act
[2] Effects of the 1996 Act
[3] Implementation and Judicial Review of the 1996 Act
§ 1.17 Recent Developments
[1] Assessment of the Status of Competition in the Market for the Delivery of Video Programming
[2] Pricing and Usage Statistics
[3] Mergers, Acquisitions and Other Industry Developments
[4] Regime Changes

Federal Regulation of Cable Television

§ 2.01 Overview
§ 2.02 Federal Jurisdiction
[1] Early History
[2] The Crisp Decision
[3] Statutory Jurisdiction: Adding Cable Television to the Communications Act
§ 2.03 Definition of a Cable Television System
[1] Definition of Multichannel Video Programming Distributor
[2] Franchising Requirements for Internet Protocol Television
§ 2.04 Registration of Cable Systems
[1] Small Systems
§ 2.05 Franchise Fee Limitations
§ 2.06 Local Broadcast Television Signal Carriage
[1] Previous Must-Carry Rules
[2] The Challenge to the Must-Carry Rules
[3] The FCC Response
[4] Challenges to the Revised Must-Carry Rules
[5] Must-Carry Under the 1992 Cable Act
§ 2.06A Retransmission Consent
[1] Hands Off Approach in Assessing What Constitutes Good Faith in Retransmission Consent Negotiations
[2] Speedy Dispute Resolution
[3] Reforms
§ 2.06B Digital Television “Must Carry”
[1] Digital Must-Carry Reconsideration
[2] Digital Broadcast Signal Agreement Brokered Between APTS and NCTA
[3] Conversion of Digital Signals to Analog
[4] Complaints and Litigation
[5] Migrating Content to Digital Tiers
§ 2.06C Must-Carry—Direct Broadcast Satellite Operators
[1] SHVIA Reauthorization
[2] Satellite Home Viewer Extension and Reauthorization Act
§ 2.06D A la Carte Access
§ 2.07 Retransmission of Distant Signals: The Compulsory License and Syndicated Exclusivity
§ 2.08 Network Program Non-Duplication
[1] In General
[2] Sports Blackout Rules
§ 2.09 Program Carriage and Access Disputes
[1] Sports Program Carriage Disputes
[2] Reports on the Regional Sports Network Marketplace
[3] Non-Sports Program Carriage Disputes
[4] Terrestrial Loophole
§ 2.10 Nonbroadcast Channels
[1] The Fairness Doctrine
[2] Equal Opportunities for Political Candidates
[3] The Reasonable Access Rule
[4] Lotteries
[5] Sponsorship Identification; List Retention
[6] Closed Captioning; Video Description
[7] PEG Channels
§ 2.11 Technical Standards
[1] National Standards
[2] Advertising Volume
§ 2.12 Cable System Records
§ 2.13 Equal Employment Opportunities
§ 2.14 Forms and Reports
[1] Forms to Be Submitted to the FCC
[2] Reports
§ 2.15 Cable System Ownership
[1] Reexamination of Horizontal and Vertical Cable Ownership Restrictions
[2] Local Broadcast Station-Cable System Cross-Ownership
[3] Network-Cable Cross-Ownership
[4] Cable-Telephone Company Cross-Ownership
[5] The Video Dialtone Policy
[6] The 1996 Act’s “Open Video Systems” Policy
[7] Other Cross-Ownership Limits; Multiple Ownership
§ 2.16 Cable Television Relay Service
§ 2.17 Home Wiring
[1] Home Run Cable in Multiple Dwelling Units

State and Local Regulation of Cable Television (Except Franchising)

§ 3.01 State and Local Jurisdiction
§ 3.02 Regulation of Rates
[1] Overview: The Pendulum Swings of Rate Regulation
[2] Rate Deregulation Under the 1984 Cable Act
[3] Rate Deregulation Under the 1992 Cable Act
[4] Phasing Out of Rate Regulation Under the 1996 Act
[5] Rate Regulation Issues
§ 3.02A Preemption of State and Local Efforts to Expand Regulation: Competing Media and Technical Standards
[1] Microwave Transmissions
[2] Cross Ownership
[4] Technical Performance Standards
[5] Satellite Antennas
[6] Federal Limits to Restrictions on Over-the-Air Reception of Video Programming in Multiple Dwelling Units
§ 3.02B An Alternative Approach to Regulation: Social Contracts
§ 3.03 Cable Access to Property
[1] The Cable Act
[2] Constitutionality of Access
[3] Access to Multiple Dwelling Units
§ 3.04 State Activities

Franchising: Defining the Local Market

§ 4.01 Introduction
§ 4.02 The Franchising Process
[1] Historically
[2] Impact of the 1984 and 1992 Federal Cable Legislation
[3] Consumer Protection and Customer Service
[4] A General Description of the Franchising Process
§ 4.03 Legal Limits on Franchising
[1] Antitrust Issues
[2] Constitutional Issues
[3] Developments in Franchise Fees and Taxes
[4] FCC and State Attempts to Streamline Video Franchising Rules
§ 4.04 Franchise Renewals
§ 4.05 Competitive Franchising
§ 4.06 State and Local Involvement in Franchise Transfers

Competition in The Subscription Video Market: Issues and Trends

§ 5.01 Introduction
[1] In General
[2] A Brief Historical View
§ 5.02 Methods of Delivering Subscription VideoService
[1] Multipoint Distribution Service (MDS) and Multichannel Multipoint Distribution Service (MMDS)
[2] Direct Broadcast Satellite (DBS)
[3] Master Antenna Television (MATV) and Satellite Master Antenna Television (SMATV)
[4] Internet Protocol Television
[5] IPTV Regulatory Status
§ 5.03 The Problem of “Siphoning”
§ 5.04 Antitrust Considerations
[1] Introduction
[2] The Video Delivery Market
[3] Business Combinations
[4] Level Competitive Playing Field with Overbuilders
[5] Limitation on Class Action Lawsuits
§ 5.05 Tiering and Buy-Throughs
§ 5.06 The Future of Video Services
[1] Set-Top Box Policies and Rules
[2] Stand Alone Market Questions
§ 5.07 Satellite-Delivered Programming
§ 5.08 Theft of Service
[1] Introduction
[2] Federal Law
[3] State Law
[4] Scrambling and Encryption

Significant Problems

§ 6.01 Introduction
§ 6.02 Pole Attachments
[1] Background
[2] The 1978 Communications Act Amendments
[3] The Original FCC Regulations
[4] Summary of FCC Complaint Procedures
[5] Decisions on Pole Attachments
[6] The 1996 Telecommunications Act Amendments
[7] Service Classifications and Pole Attachments
[8] Long-Term Impact of Service Classifications
[9] Pole Attachment Reform
§ 6.03 Copyrights
[1] Background
[2] The 1976 Copyright Act and Compulsory Copyright Licenses
[3] Establishment and Payment of Royalties
[4] Distribution of Royalties
[5] Proposals for Reform
[6] Digital Rights Management
§ 6.04 Public and Commercial Access
[1] Background and Overview
[2] The Demise of Federal Public Access Requirements
[3] Public Access Under the Communications Act
[4] Commercial Leased Access
[5] Advertising and Sponsorship
[6] Access and the First Amendment
§ 6.05 Obscenity and Indecency
[1] Background
[2] The Constitutional Setting
[3] Obscenity and Indecency on Cable Television
[4] Obscenity and Indecency on the Internet
§ 6.06 Safeguarding Children
[1] Violence, Ratings and the V-Chip
[2] Excessive Commercialization and Unlawful Product Endorsements
[3] Digital Television Broadcaster Obligations to Children
[4] Report and Order on Violent Programming
[5] Child Safe Viewing Act of 2007 Report
[6] Protecting Children and Empowering Parents in an Evolving Media Landscape
§ 6.07 Privacy Protection
[1] Background
[2] Records and the Right to Privacy
[3] Cable Television Privacy Under the Cable Act
[4] Internet Service Provider Requirements
§ 6.08 Convergence and Regulatory Asymmetry
[1] The FCC Tries to Become Technology Agnostic, By Differentiating Telecommunications Capabilities From Services
[2] Subordinating and Differentiating Telecommunications Capabilities and Services
[3] Equating Internet Access Via Cable Television and Local Exchange Facilities
§ 6.09 Cable Modem Service
[1] Supreme Court Supports the FCC’s Information Service Classification for Cable Modem Internet Access
§ 6.10 Cable Delivery of Telephone Service
[1] Voice Over Internet Protocol Regulation
[2] Universal Service and Interconnection Reform
[3] VoIP Service Providers Ordered to Contribute to Universal Service Fund
[4] Eighth Circuit Court of Appeals Affirms FCC Preemption of State VoIP Regulation
[5] ILECs Prohibited From Refusing to Interconnect with VoIP Providers Using Leased Lines
[6] Additional VoIP Regulatory Requirements
[7] Treatment of Customer Proprietary Network Information
[8] Consumer Safeguards
[9] Tougher Rules on Unauthorized Phone Charges
[10] Transition to Next Generation Network Telephone Service
§ 6.11 Broadband Competition
[1] Competition from Incumbent Local Exchange Carriers
[2] Broadband over Power Lines
[3] Satellite Broadband
[4] Network Neutrality
[5] Stimulating Broadband Development

Transactional Issues: Cable System Acquisitions

§ 7.01 Introduction
§ 7.02 Form of the Transaction
[1] Basic Options
[2] Taxable or Tax-Free?
[3] Special Considerations for Public Companies
§ 7.03 First Steps
[1] Due Diligence
[2] Letter of Intent: Negotiation of Critical Terms
[3] Confidentiality
§ 7.04 Planning the Schedule: Factors That Affect Timing
[1] Regulatory Approvals
[2] Corporate Approvals
[3] Third-Party (Nongovernmental) Consents
§ 7.05 Basics of Sale and Purchase Agreements
[1] Acquisition Provisions
[2] Purchase Price; Payment
[3] Representations and Warranties
[4] Covenants
[5] Conditions to Closing
[6] Indemnification
§ 7.06 Acquisitions and Mergers
[1] Sale of Adelphia Assets