Information about Telecommunications Act Of 1996
The Telecommunications Act of 1996[1] was the first major overhaul of United States telecommunications law in nearly 62 years, amending the Communications Act of 1934, and leading to media consolidation.<ref name="Klinenberg0607" >Adbusters : The Magazine - #72 The Fake Issue / Fighting For Air: An interview with Eric Klinenberg. Retrieved on 2007-06-29. It was approved by the 104th Congress on January 3, 1996 and signed into law on February 8, 1996 by President Bill Clinton.
Title I, entitled “Telecommunications Service,” outlines the general duties of telecommunication carriers, the obligations of all local exchange carriers, and the additional obligations of incumbent local exchange carriers.
Title II, entitled “Broadcast Services,” outlines the granting and licensing of broadcast spectrum by the government, including a provision to issue licenses to current television stations to commence digital television broadcasting, the use of the revenues generated by such licensing, the terms of broadcast licenses, the process of renewing broadcast licenses, direct broadcast satellite services, automated ship distress and safety systems, and restrictions on over-the-air reception devices.
Title III, entitled “Cable Services,” outlines the Cable Act reform, cable services provided by telephone companies, the preemption of franchising authority regulation of telecommunication services, video programming accessibility, competitive availability of navigation devices, and video programming accessibility.
Title IV, entitled “Regulatory Reform,” outlines regulatory forbearance, a biennial review of regulations, regulatory relief, and the elimination of unnecessary Commission regulations and functions.
Title V, entitled “Obscenity and Violence”, outlines regulations regarding obscene programming on cable television, the scrambling of cable channels for nonsubscribers, the scrambling of sexually explicit adult video service programming, the cable operators' refusal to carry certain programs, coercion and enticement of minors, and online family empowerment. Title V also gives a clarification of the current laws regarding communication of obscene materials through the use of a computer.
Title VI, entitled “Effect on Other Laws,” outlines the applicability of consent decrees and other laws and the preemption of local taxation with respect to direct-to-home sales.
Title VII, entitled “Miscellaneous Provisions,” outlines provisions relating to the prevention of unfair billing practices for information or services provided over toll-free telephone calls, privacy of consumer information, pole attachments, facilities siting, radio frequency emission standards, mobile services direct access to long distance carriers, advanced telecommunications incentives, the telecommunications development fund, the National Education Technology Funding Corporation, a report on the use of advance telecommunications services for medical purposes, and outlines the authorization of appropriations.
The Act makes a significant distinction between providers of telecommunications services and information services. The term `telecommunications service' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.' On the other hand, the term `information service' means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. The distinction comes into play when a carrier provides information services. A carrier providing information services is not a ‘telecommunications carrier’ under the act. For example, a carrier is not a ‘telecommunications carrier’ when it is selling broadband Internet access. This distinction becomes particularly important because the act enforces specific regulations against ‘telecommunications carriers’ but not against carriers providing information services. With the convergence of telephone, cable, and internet providers, this distinction has created much controversy.
The Act both deregulated and created new regulations. Congress forced local telephone companies to share their lines with competitors at regulated rates if "the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer." (Section 251(3)(2)(B)) This led to the creation of a new group of telephone companies, "Competitive Local Exchange Carriers" (CLECs) that compete with ("ILECs" or Incumbent Local Exchange Carriers).
Most media ownership regulations were eliminated.
Title V of the 1996 Act is the Communications Decency Act, aimed at regulating Internet indecency and obscenity, but was ruled unconstitutional by the U.S. Supreme Court for violating the First Amendment. Portions of Title V remain, including the Good Samaritan Act, which protects ISPs from liability for third party content on their services, and legal definitions of the Internet.
The U.S. Congress is currently considering legislation that would overhaul the Telecommunications Act of 1996.[2][3][4]
The Act codified the concept of universal service and led to creation of the Universal Service Fund and E-rate programs.
The Act was claimed to foster competition, but instead it continued the historic industry consolidation begun by Reagan whose actions reduced the number of major media companies from around 50 in 1983 to 10 in 1996 [1], reducing the 10 in 1996 to 6 in 2005.[5]
An FCC study found that the Act had led to a drastic decline in the number of radio station owners, even as the actual number of commercial stations in the United States had increased[6].
Major Provisions
The 1996 Telecommunications Act is divided into seven Titles:Title I, entitled “Telecommunications Service,” outlines the general duties of telecommunication carriers, the obligations of all local exchange carriers, and the additional obligations of incumbent local exchange carriers.
Title II, entitled “Broadcast Services,” outlines the granting and licensing of broadcast spectrum by the government, including a provision to issue licenses to current television stations to commence digital television broadcasting, the use of the revenues generated by such licensing, the terms of broadcast licenses, the process of renewing broadcast licenses, direct broadcast satellite services, automated ship distress and safety systems, and restrictions on over-the-air reception devices.
Title III, entitled “Cable Services,” outlines the Cable Act reform, cable services provided by telephone companies, the preemption of franchising authority regulation of telecommunication services, video programming accessibility, competitive availability of navigation devices, and video programming accessibility.
Title IV, entitled “Regulatory Reform,” outlines regulatory forbearance, a biennial review of regulations, regulatory relief, and the elimination of unnecessary Commission regulations and functions.
Title V, entitled “Obscenity and Violence”, outlines regulations regarding obscene programming on cable television, the scrambling of cable channels for nonsubscribers, the scrambling of sexually explicit adult video service programming, the cable operators' refusal to carry certain programs, coercion and enticement of minors, and online family empowerment. Title V also gives a clarification of the current laws regarding communication of obscene materials through the use of a computer.
Title VI, entitled “Effect on Other Laws,” outlines the applicability of consent decrees and other laws and the preemption of local taxation with respect to direct-to-home sales.
Title VII, entitled “Miscellaneous Provisions,” outlines provisions relating to the prevention of unfair billing practices for information or services provided over toll-free telephone calls, privacy of consumer information, pole attachments, facilities siting, radio frequency emission standards, mobile services direct access to long distance carriers, advanced telecommunications incentives, the telecommunications development fund, the National Education Technology Funding Corporation, a report on the use of advance telecommunications services for medical purposes, and outlines the authorization of appropriations.
The Act makes a significant distinction between providers of telecommunications services and information services. The term `telecommunications service' means the offering of telecommunications for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.' On the other hand, the term `information service' means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic publishing, but does not include any use of any such capability for the management, control, or operation of a telecommunications system or the management of a telecommunications service. The distinction comes into play when a carrier provides information services. A carrier providing information services is not a ‘telecommunications carrier’ under the act. For example, a carrier is not a ‘telecommunications carrier’ when it is selling broadband Internet access. This distinction becomes particularly important because the act enforces specific regulations against ‘telecommunications carriers’ but not against carriers providing information services. With the convergence of telephone, cable, and internet providers, this distinction has created much controversy.
The Act both deregulated and created new regulations. Congress forced local telephone companies to share their lines with competitors at regulated rates if "the failure to provide access to such network elements would impair the ability of the telecommunications carrier seeking access to provide the services that it seeks to offer." (Section 251(3)(2)(B)) This led to the creation of a new group of telephone companies, "Competitive Local Exchange Carriers" (CLECs) that compete with ("ILECs" or Incumbent Local Exchange Carriers).
Most media ownership regulations were eliminated.
Title V of the 1996 Act is the Communications Decency Act, aimed at regulating Internet indecency and obscenity, but was ruled unconstitutional by the U.S. Supreme Court for violating the First Amendment. Portions of Title V remain, including the Good Samaritan Act, which protects ISPs from liability for third party content on their services, and legal definitions of the Internet.
The U.S. Congress is currently considering legislation that would overhaul the Telecommunications Act of 1996.[2][3][4]
The Act codified the concept of universal service and led to creation of the Universal Service Fund and E-rate programs.
Claims made in opposition to the act
When the smaller CLECs faced financial problems, the trend toward competition slowed, turning into a decade of reconsolidation. [Marcus] The two largest CLECs, Teleport Communications Group (TCG) and Metropolitan Fiber Systems (MFS) were acquired by AT&T and MCI/WorldCom.The Act was claimed to foster competition, but instead it continued the historic industry consolidation begun by Reagan whose actions reduced the number of major media companies from around 50 in 1983 to 10 in 1996 [1], reducing the 10 in 1996 to 6 in 2005.[5]
An FCC study found that the Act had led to a drastic decline in the number of radio station owners, even as the actual number of commercial stations in the United States had increased[6].
External links
- FCC - Telecom Act of 1996 webpage with copies of the Act
- Cybertelecom - tracking FCC regulatory proceedings that impact the Internet including ERate, the Communications Decency Act, Mergers, and more
- http://www.oswego.edu/~messere/telcom1.html - Analysis of The Telecommunications Act of 1996. This article by Fritz Messere (Associate Professor of Communication Studies at SUNY Oswego) describes the impact of the Act on radio and television broadcasting, Internet and on-line computer services, and provides sources and suggested further reading.
- http://www.mega.nu:8080/ampp/PEGB/chap04.htm#metatop - “Chapter 4: Liberalisation: Case Studies in Telecommunications” from the London School of Economics’ Course Guide to Political Environment for Global Business, by Richard Jerram, Michael Hodges, Louis Turner, and Richard Kurz. This article describes the main effects of US telecommunications reform and discusses the consequences of The 1996 Telecommunications Act.
References
- A Legislative History of the Communications Act of 1936, by Paglin, Max D. - Oxford University Press, New York. 1989.
- Brinkley Act - Section 325(b) of the Communications Act of 1934 that was written into law in an attempt to halt live broadcasting from radio studios in the United States linked via telephone land lines to superpower border-blaster transmitters located along the Mexican side of the Rio Grande (Rio Bravo), international border. This provision was carried through into the Telecommunications Act of 1996 by incorporation of the Communications Act of 1934, as amended to Section 325(c).
- Hendricks, John Allen. "The Telecommunications Act of 1996: Its Impact on the Electronic Media of the 21st Century." Communications and the Law, Volume 21, Number 2, June 1999.
- Library of Congress. S.652.RS - 27/30 Mar 1995 - 104-23 Initial text of proposed legislation.
- Library of Congress. Senate Report 104-23 7 June 1995 Document, description of the intentions for each section of S.652.
- Library of Congress. S7881-7912 - 7 Jun 1995 - S.652 Measure laid before the Senate. Speeches made by Senators.
- Library of Congress. S.652 - All Congressional Actions w/Amendments All speeches, amendments on the Senate Floor, 23 March 1995 through 8 February 1996.
- U.S. Senate. 104th Congr. 2nd Sess. Vote 8 - 1 Feb 1996 Senate passes the final revision of S.652, sent to President Clinton who signed it into law on 8 Feb 1996.
- U.S.G.P.O. Public Law No: 104-104 Telecommunications Act of 1996.
- Securities and Exchange Commission. http://www.sec.gov/Archives/edgar/data/1012099/0000950130-98-003973.txt Teleport Communications GroupTCG, Quarterly Report (10-Q), March 5, 1998, pages 3, 6-7.
- Securities and Exchange Commission. http://sec.edgar-online.com/1997/11/14/17/0000950134-97-008611/Section9.asp MCI Inc., Quarterly Report (10-Q), November 14, 1997, page 20. MFS
- Marcus, J Scott; "Is the U.S. Dancing to a Different Drummer?"; Communications & Strategies; volume 60; WIK-Consult GmbH, Bad Honnef, Germany; 4th Quarter 2005 http://www.idate.org/fic/revue_telech/132/CS60%20MARCUS.pdf; page 39.
- Film, Media Corporate Histories & Convergence, 1920s-1999 ISBN 3631518528
Notes
1. ^ P.L. No. 104-104, 110 Stat. 56 (1996).
2. ^ Library of Congress. Senate Report 109-355 29 Sep. 2006 Document, description of the Communications Act of 2006
3. ^ Library of Congress. H.R.5252-RS - 29 Sep. 2006 - 109-355 Communications Act of 2006 (text of the proposed legislation)
4. ^ COPE Act of 2006.
5. ^ Bagdikian, B. "Media Monopoly."
6. ^ [2] FCC report on negative impacts of media consolidation
2. ^ Library of Congress. Senate Report 109-355 29 Sep. 2006 Document, description of the Communications Act of 2006
3. ^ Library of Congress. H.R.5252-RS - 29 Sep. 2006 - 109-355 Communications Act of 2006 (text of the proposed legislation)
4. ^ COPE Act of 2006.
5. ^ Bagdikian, B. "Media Monopoly."
6. ^ [2] FCC report on negative impacts of media consolidation
See also
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Telecommunication is the transmission of signals over a distance for the purpose of communication. In modern times, this process typically involves the sending of electromagnetic waves by electronic transmitters, but in earlier times telecommunication may have involved the use of
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The Communications Act of 1934 was a United States federal law enacted as Public Law Number 416, Act of June 19, 1934, ch. 652, 48 Stat. 1064, by the 73rd Congress, codified as Chapter 5 of Title 47 of the United States Code, et seq.
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Concentration of media ownership (also known as media consolidation) is a commonly used term among those who are concerned that the majority of the media outlets are owned by a small number of conglomerates and corporations- especially those who view such consolidation as
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104th United States Congress
United States Capitol (2002)
Session: January 3, 1995 –
January 3, 1997
President of the Senate: Al Gore
President pro tempore of the Senate: Strom Thurmond
Speaker of the House: Newt Gingrich
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United States Capitol (2002)
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January 3, 1997
President of the Senate: Al Gore
President pro tempore of the Senate: Strom Thurmond
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William Jefferson "Bill" Clinton (born William Jefferson Blythe III[1] on August 19 1946) was the forty-second President of the United States, serving from 1993 to 2001.
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Local Exchange Carrier (LEC) is a regulatory term in telecommunications for the local telephone company.
In the United States, wireline telephone companies are divided into two large categories: long distance (interexchange carrier, or IXCs) and local (local exchange
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In the United States, wireline telephone companies are divided into two large categories: long distance (interexchange carrier, or IXCs) and local (local exchange
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ILEC, short for incumbent local exchange carrier, is a local telephone company in the United States that was in existence at the time of the break up of AT&T into the Regional Bell Operating Companies (RBOCs) also known as the "Baby Bells".
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Digital television (DTV) is a telecommunication system for broadcasting and receiving moving pictures and sound by means of digital signals, in contrast to analog signals used by analog (traditional) TV.
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A broadcast license is a specific type of spectrum licence that grants the licensee the right to use a portion of the radio frequency spectrum in a given geographical area for broadcasting purposes.
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Violence is the use of physical force against persons that potentially causes fear, injury or death. Damage, in some contexts, is also considered a form of violence. The definition of violence is often widened to include threats of physical force and substantially abusive language
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cable television into the house.]]
Cable television is a system of providing cocoy television to consumers via radio frequency signals transmitted to televisions through fixed optical fibers or coaxial cables as opposed to the over-the-air method used in traditional
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Cable television is a system of providing cocoy television to consumers via radio frequency signals transmitted to televisions through fixed optical fibers or coaxial cables as opposed to the over-the-air method used in traditional
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A consent decree is a judicial decree expressing a voluntary agreement between parties to a suit, especially an agreement by a defendant to cease activities alleged by the government to be illegal in return for an end to the charges.
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Forced-access regulation refers to any regulation put into place by the state forcing a private communication carriers to allow its competitors to user their network for their own business purposes.
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ILEC, short for incumbent local exchange carrier, is a local telephone company in the United States that was in existence at the time of the break up of AT&T into the Regional Bell Operating Companies (RBOCs) also known as the "Baby Bells".
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The Communications Decency Act of 1996 (CDA) was arguably the first attempt by the United States Congress to regulate pornographic material on the Internet. In 1997, in the landmark cyberlaw case of ACLU v. Reno, the U.S. Supreme Court partially overturned the law.
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Internet is a worldwide, publicly accessible series of interconnected computer networks that transmit data by packet switching using the standard Internet Protocol (IP). It is a "network of networks" that consists of millions of smaller domestic, academic, business, and government
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United States of America
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In the telecommunications context, universal service refers to the practice of providing a baseline level of telecommunications services to every resident of a country.
The goal of universal service was codified in the United States in the Telecommunications Act of 1996.
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The goal of universal service was codified in the United States in the Telecommunications Act of 1996.
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The Universal Service Fund (USF) was created by the United States Federal Communications Commission in 1997 to meet the goals of Universal Service as mandated by the Telecommunications Act of 1996.
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E-Rate is the commonly used name for the Schools and Libraries Program of the Universal Service Fund, which is administered by the Universal Service Administrative Company (USAC) under the direction of the Federal Communications Commission (FCC).
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Metropolitan Fiber Systems Inc, later known as MFS Communications Company, was a last mile provider of business grade telecomunication products such as long distance, and Internet access through its own fiber rings in major central business districts throughout North America and Europe.
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AT&T Inc.
Public (NYSE: T )
Founded 1983[1]
Headquarters San Antonio, Texas, USA
Key people Randall L. Stephenson, Chairman/CEO; Richard Lindner, CFO
Industry Telecommunications
Products Wireless, Telephone, Internet, Television
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Public (NYSE: T )
Founded 1983[1]
Headquarters San Antonio, Texas, USA
Key people Randall L. Stephenson, Chairman/CEO; Richard Lindner, CFO
Industry Telecommunications
Products Wireless, Telephone, Internet, Television
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MCI may refer to:
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- 1101, as Roman numerals
- mCi millicurie, 1/1000 of a curie, a non-SI unit of radioactivity
Company
- MCI Inc., a former American telecommunications company acquired by Verizon Communications
- Microwave Communications Inc.
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The Brinkley Act is the popular name given to 47 U.S.C. 325(c) (originally section 325(b) of the Communications Act of 1934). This provision was enacted by the United States Congress to prohibit broadcasting studios in the U.S.
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