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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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