TerreStar Networks
United States Information and
Communication Technologies Policy
1790 to Now?

Jurisdictional
Regulatory Issue
• Federal (FCC)
• State (PSC)
• Local(Board)
Medium/Communication
System
• Internet
• Cable
• Broadcast
• Common Carrier
• Press
• Message & Content
• Ownership & license
• Technical Operations

• Categorization schemes allow us to understand sometimes unrelated policies by examining specific contexts.
• Medium/Communication System
• Regulatory Issues
• Jurisdictional Responsibilities

• Copyright Act of 1790
• First Amendment to US Constitution 1791
• Interstate Commerce Act 1887
• Copyright Act of 1909
• Kingsbury Commitment 1913
• Radio Act of 1927
• Communications Act of 1934
• Public Broadcasting Act 1967
• Copyright Act of 1976
• Electronic Communications Privacy Act 1996
• Telecommunications Act of 1996
• USA Patriot Act 2001
• Family Entertainment and Copyright Act 2005

Medium/Communication System
• Press
• Common Carrier
• Broadcasting
• Cable TV
• Internet

Regulatory Issues
• Message & Content
– The degree to which a particular industry enjoys First
Amendment Protection
– Protect authorship and content in public square
• Ownership & License
– Market power within and between media industries and obligations of ownership or use of a communication medium
• Technical Operations
Generally associated with transmission and delivery

Jurisdictional Responsibilities
• Federal (interstate and international scope)
– Established by Congress, checked by United
States constitutional law
• State (intrastate scope)
– Established by state legislature and checked by state constitutional law
• Local (county, city, town)
– Established by local governmental bodies and checked by state constitutional law

• 1887 Interstate Commerce Act
–regulated privately-owned communication system – beginning of federal regulation.
• 1913 Universal Service
• 1967 public broadcasting act

• Copyright Act of 1790
– encouragement of learning 14 years + 14 years
• Copyright Act of 1909
• Copyright Act of 1976
• Telecommunications Act of 1996
copyright renewal becomes automatic
• Sony Bonno copyright Life plus 70 years.

• 1791 - First Amendment
• Radio Act of 1927
– public interest, convenience, or necessity
• Communications Act of 1934
- Created FCC
• 1986 Electronic Communications Privacy Act
• 1996 Telecommunications Act
- amends 1934
Communications Act
• 2005 Family Entertainment and Copyright Act
includes the Artist’s Rights and Theft Prevention Act and the Family Home Movie Act and institutes criminal penalties for individuals who make illegal copies
• U.S. Patriot Act changes surveillance laws and
provides additional executive powers to combat
terrorism

Post 2008 Election - Foreseeable
Policy Emphasis
•
Within 72 hours of being elected
President-elect
Obama had released his technology agenda on change.gov

Full and Free Exchange of Ideas through Open Internet and Diverse
Media Outlets
• Diversity in Media Ownership
• Open Internet / Net Neutrality
• Protect Children while preserving the First
Amendment
• Right to Privacy

Transparent and Connected
Democracy
• Open up government to the citizens (public interest)
• Bring Government into the 21 st Century

Deploy Modern Communications
Infrastructure
• Universal Service
• Deploy Next-Generation Broadband

• encouragement of learning
• Provided protection for 14 years + 14 years renewable if owner still living.

• Freedom of Speech
• Freedom of the Press.

• Regulated privately-owned communication system
• Resulted from competing but disconnected telegraph companies

• Allowed works to be copyrighted for a period of 28 years from the date of publication, renewable once for a second 28-year term.
• Must be published
• Must have notice of copyright affixed.

• Formalized AT&T telephone monopoly and established the concept of Universal Service.

• Created Federal Radio Commission,
• Regulate radio use for Pubic interest, convenience, or necessity.
• Fed Gov takes over spectrum management.

• Established Federal Communications
Commission to replace Fed. Radio Commission
• Combined radio and telephone regulation
• Created interstate (between) & intrastate (in)
• Led to limitation of media ownership within a local market.
• Terms: common carrier, rate of return, public utility commission (PUC or PSC)

• Set up Public Broadcasting
• Established Corporation for Public
Broadcasting and let to Public Broadcasting
Service and National Public Radio
• Give Stronger Voice to educational radio and television by providing new funds for broadcast facilities.

• Fair Use
• Intellectual Property
• Original works of authorship fixed in any tangible medium of expression, now known or later developed...
• Term - a term consisting of the life of the author and 50 years after the author's death
• Registration not required

1986 Electronic Communications
Privacy Act
• Extend government restrictions on wire taps from telephone calls to include transmissions of electronic data by computer
• This act later weakened by USA Patriot Act

• President Clinton signed, February 8, 1996
• relies on increased competition
• includes several highly controversial provisions
– prohibits indecent and obscene material
– ratings scheme for programs
• abolishes many of the cross-market barriers
• creation of advanced television services
• seven areas of focus
• analysis of Act by Fritz Messere

1.
Telecommunications Service
*
2.
Broadcast Services
*
3.
Cable Services *
4. Regulatory Reform
5.
Obscenity and Violence
*
6. Effect on Other Laws
7.
Miscellaneous Provisions
*

• LECs can offer video programming
• seven regional Bell companies may offer long-distance telephone service
• long distance companies and cable operators may provide local exchange service
• promote universal service, especially among rural, high cost and low-income telecommunications users
• LECs must provide number 'portability' by allowing customers to keep their telephone numbers when switching from one service provider to another

• networks are barred from merging or buying out other networks
• stations may choose affiliation with more than one network
• broadcasters will be allowed to own cable television systems
• television licenses are still prohibited from owning newspapers in the same market
• develop a ratings system to identify violent, sexual and indecent or otherwise objectionable programming
• requires television set manufacturers to install a blocking device, called the V-chip

• uniform rate structure requirements will no longer apply to cable operators where there is effective competition
• smaller cable companies, programming tier rates and basic tier rates would be deregulated
• states and local franchise authorities are barred from setting technical standards
• ventures and partnerships between local exchange carriers and cable operators are generally barred

• criminal penalties for anyone who knowingly transmissions material that could be construed as indecent to minors
• an 'anti-flame' provision by prohibiting any computer network transmission for the purpose of annoying or harassing the recipients of messages
• exempts commercial on-line services that engage in
'blocking' from prosecution if they have demonstrated
"good faith, reasonable, effective and appropriate" actions to restrict or prevent access by minors

• unfair billing practices for information or services provided over toll-free telephone calls
• privacy of customer information, duty to protect the confidentiality of proprietary information
• mobile services access to long distance carriers, shall not be required to provide equal access to common carriers
• advanced telecommunications incentives to all
Americans in a reasonable and timely fashion
– to promote access to capital for small businesses
– to stimulate new technology development
– to support universal service

• Increases the ability of law enforcement agencies to search telephone, e-mail communications, medical, financial and other records; eases restrictions on foreign intelligence gathering within the United States

• Includes the Artist’s Rights and Theft
Prevention Act and the Family Home Movie
Act
• Institutes criminal penalties for individuals who make illegal copies