64 Fed. Comm. L.J. [i] (2011-2012)

handle is hein.journals/fedcom64 and id is 1 raw text is: FEDERAL
COMMUNICATIONS
LAW JOURNAL
Formerly
FEDERAL COMMUNICATIONS BAR JOURNAL
VOLUME 64                    DECEMBER 2011                   NUMBER 1
Articles
When Does F*** Not Mean F***?: FCC v. Fox Television Stations
and a Call for Protecting Emotive Speech
By W. Wat Hopkins                              ................1....................
The Supreme Court of the United States does not always deal cogently with
nontraditional language. The most recent example is FCC v. Fox Television
Stations, in which the Justices became sidetracked into attempting to define the
f-word and then to determine whether, when used as a fleeting expletive rather
than repeatedly, the word is indecent for broadcast purposes. The Court would
do well to avoid definitions and heed Justice John Marshall Harlan's advice in
Cohen v. California to provide protection for the emotive, as well as the
cognitive, element of speech.
Antitrust Review of the AT&T/T-Mobile Transaction
By Allen P. Grunes and Maurice E. Stucke            ....................47
In August 2011, the United States brought a landmark antitrust lawsuit to
prevent the merger of two of the nation's four largest mobile wireless
telecommunications services providers, AT&T Inc. and T-Mobile USA, Inc.
But why are so many elected officials asking the Obama administration to
intercede in the Department of Justice's lawsuit to force a settlement? Why are
they approving a merger that would likely lead to higher prices, fewer jobs, less
innovation, and higher taxes for their constituents? Does it have anything to do
with the money they are receiving from AT&T and T-Mobile? This Article
examines the recent lobbying efforts in the AT&T/T-Mobile merger. AT&T
spent $11.69 million on political lobbying in the first six months of 2011. In
addition to hefty campaign contributions, it lobbied lawmakers with $52 steaks
and $15 gin-and-cucumber puree cocktails. But lobbyists, as this Article
outlines, are not the problem. The problem is the combination of lax campaign
finance rules and antitrust law's prevailing legal standard, a flexible fact-
specific rule of reason.
Spectrum Reallocation and the National Broadband Plan
By Jeffrey Eisenach....................................87
Of the several significant changes in United States telecommunications policy
proposed by the National Broadband Plan, none are more substantial than its
proposals for spectrum policy. In particular, the Plan proposes to reallocate 500
MHz of spectrum from broadcast television, mobile satellite, government and

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