PREFACE
David A. Irwin

THE TELECOMMUNICATIONS ACT OF 1996: A CASE OF REGULATORY OBSOLENCE
Kathleen Q. Abernathy
Commissioner Kathleen Q. Abernathy's keynote address from the 2005 CommLaw Conspectus--Institute for Communications Law Studies Symposium.

PAYOLA, PUNDITS AND THE PRESS: WEIGHING THE PROS AND CONS OF FCC REGULATION
Clay Calvert
While the term payola might elicit thoughts of bribery in the music industry, Professor Calvert?s article explores the issue from a different, more timely angle. The Department of Education, eager to promote the No Child Left Behind Act, apparently funneled $240,000 to Armstrong Williams, a conservative commentator who makes frequent television appearances. In return, Mr. Williams was expected to tout the strengths of this initiative. While Calvert notes that Mr. Williams violated several rules of professional conduct, he expresses doubt as to whether current payola laws will be effective in improving journalistic credibility and uncovering bias in the media. Rather, he contends that a more effective remedy would entail a legislative effort that would require on-air journalists to disclose their political party affiliations.

THE ROAD TO ANALOG SWITCH-OFF: HOW THE UNITED STATES CAN TURN OFF ANALOG TELEVISION WITHOUT SIGNIFICANT SERVICE DISRUPTION
Andrew Cotlar
The article argues that, based on the lessons learned from Germany and Great Britain, the cessation of analog service need not be sudden, harsh or disorienting. To accomodate consumers who rely either exclusively on over the air reception or subscribe to ditigal tv service for only one household TV, the author argues for some means to subsidize the purchase of set top converters for these types of consumers. The article argues for a gradual cessation of analog service where analog service would be shut off on a rolling geographic or market basis, coupled with a gradual decrease in power levels over time. As in many European nations, the article argues for adequate and continuing publicity about the switch from analog to digital. Finally, the article argues for the private industry to replicate an equivalent in the United States of Great Britain's Freeview service--a freely-available package of digital multichannel programming that has successfully been driving consumer adoption of digital television in that country.

CONSTITUTIONAL MALFUNCTION: DOES THE FCC?S AUTHORITY TO REVOKE A BROADCASTER?S LICENSE VIOLATE THE FIRST AMENDMENT?
Matthew Klopp
This article discusses the constitutionality of the FCC?s license revocation power for indecent broadcasts. Klopp argues that, in some instances, license revocation operates as a prior restraint and therefore, violates the First Amendment?s guarantee of free speech. The paper begins by discussing relevant statutes and case history, particularly the landmark decision of FCC v. Pacifica Foundation, that have played an important role in developing the FCC?s current broadcasting standards. Klopp goes on to analyze the background of prior restraints and licensing in First Amendment jurisprudence and ultimately argues that the FCC?s use of license revocation is in effect a prior restraint on speech in violation of the First Amendment of the Constitution. As such, he argues that the FCC should pursue other avenues of curbing indecency on America?s airwaves, television stations, and so on.

SOFTWARE DOESN?T INFRINGE, USERS DO? A CRITICAL LOOK AT MGM V. GROKSTER AND THE RECOMMENDATION OF APPROPRIATE P2P COPYRIGHT INFRINGEMENT STANDARDS
Kelly Maxwell
The Note discusses the need for Congress to enact a new standard to govern the way courts apply secondary copyright infringement liability to P2P technologies. Maxwell describes the essence of P2P technology, the relevant copyright theories of secondary liability, and how the courts have been inconsistent and contradictory in applying infringement laws over the past twenty years. The Note describes how the Sony decision is fundamentally flawed in its holding and how the courts have struggled in its application of the Gershwin elements to more recent cases, such as Napster, Aimster, and Grokster, even though these cases all have strikingly similar fact patterns. The article proposes a three-prong standard to ensure that those who take advantage of copyrighted works would be held liable. Maxwell also tests this new approach by applying this new standard to the facts in Sony and Grokster and concludes that the behavior-driven, technology-neutral standard, if enacted by Congress, would provide the courts with a better test to apply and ultimately prove effective in combating rampant copyright infringement through P2P software.

SPEAKING WITH ONE BROADBAND VOICE: THE CASE FOR A UNIFIED CIRCUIT APPEALS PROCESS AFTER BRAND X INTERNET SERVICES V. FCC
J. Israel Balderas
Balderas argues that there is a lack of consistent judicial decisions regarding national broadband litigation. He credits the current state of uncertainty to the ambiguity of the Telecommunications Act of 1996 coupled with the rapidly developing technology sector. Balderas points out the purpose of the 1996 Act was to promote free enterprise in the emerging broadband market. However, the lack of clear federal regulation has lead to a situation where jurists are compelled to interpret if not rewrite federal telecommunications law, thereby undermining the mission of the Act. Marking trends in various federal districts, Balderas demonstrates this point and concludes that there should be one court to hear all cases arising under the Act. He concludes that Congress should specifically designate sole jurisdiction to the D.C. Circuit regarding these cases as they hear more of these cases than any other federal appellate court and are thereby more intimately familiar with the nuances of congressional intent within the act and with emerging telecommunications development.

REWORKING THE EMERGENCY ALERT SYSTEM TO MEET THE NEEDS OF HOMELAND SECURITY: OVERCOMING OBSTACLES TO ESTABLISH AN EFFECTIVE PUBLIC WARNING SYSTEM
Jason Cheek
The Emergency Alert System, thought by some to be a relic of the Cold War and unnecessary considering the advances of modern technology, should be updated and expanded in order to serve a vital role in emergency response and preparedness. The failures of the system in the face of the terrorist attacks on September 11, 2001 resulted in the deaths of many people trapped in the Twin Towers of the World Trade Center. The system, which relies primarily on broadcast television and radio transmissions, failed to notify victims in a timely fashion to evacuate the burning buildings. This Comment argues that with some modern technological upgrades, such as mobile text-messaging capabilities, the Emergency Alert System can once again be an efficient and accurate source of dissemination of emergency communications to the public. Mr. Cheek argues that the Emergency Alert System must be reworked to better allow first responders to handle local emergencies rather that national situations. He asserts that increased federal oversight and coordination of emergency response among federal and state agencies can streamline the system and, in the future, may help to avoid the catastrophic and tragic losses of September 11.

VOICE OVER INTERNET PROTOCOL: ENDING UNCERTAINTY AND PROMOTING INNOVATION THROUGH A REGULATORY FRAMEWORK
R. Alex DuFour
Much like the invention of the automobile a century ago, Voice over Internet Protocol ("VoIP") has the potential to radically alter the shape of communications in the coming years. In order for this tremendous technology to achieve such aspirations, DuFour urges Congress to ?replicate the success of the 1996 [Telecommunications] Act? and allow VoIP to flourish through increased investment and competition. Currently, VoIP technology finds itself teetering in an uncertain landscape while the federal government and states vie for regulatory dominance. DuFour argues that the establishment of federal jurisdiction, along with regulatory prioritization and a three year moratorium on access charges, taxes, and regulatory requirements, would allow VoIP to unleash its potential and revolutionize the communications industry.

BIBLIOGRAPHY OF RECENT BOOKS IN COMMUNICATIONS LAW