Communications Law Research Guide
This guide suggests resources in media law, First Amendment, cable and broadcasting law, computer and internet law, and telecommunications.
Introduction
This guide is intended as a starting point for research in U.S. communications law at Georgetown Law Library. It includes both primary and secondary materials, in both print and electronic formats. Communications law covers a variety of issues - media law, First Amendment, cable and broadcasting law, computer and internet law, and telecommunications. This guide will suggest resources in all these areas.
Getting Started
The following sources provide a good introduction to U.S. communications law:
- T. Barton Carter, Juliet Lushbough Dee, & Harvey L. Zuckman, Mass Communication Law in a Nutshell (2007). KF2750.Z9 Z8 2007.
- Charles D. Ferris and Frank W. Lloyd, Telecommunications Regulation: Cable, Broadcasting, Satellite, and the Internet (200? -). LEXIS Electronic.
- Harvey L. Zuckman et al., Modern Communications Law KF2760 .A7 L583 1999. Updated with pocket parts.
Primary Law Sources
Case Law
A. Federal Court Decisions
- Lexis: Communications Cases, Federal, includes Supreme Court cases, Courts of Appeals Cases, and cases from the U.S. District Courts.
- Westlaw: FCOM-CS, includes Supreme Court cases (FCOM-SCT), Courts of Appeals (FCOM-CTA), District Courts (FCOM-DCT)
- Pike & Fischer Communications Regulation Communications Regulation Online (for community only; includes both court and administrative agency decisions). A searchable topical outline allows users to find decisions by regulation and Communications Act of 1934 section numbers.
- Media Law Reporter (BNA), Publishes U.S. Supreme Court and selected state and lower federal court decisions on all aspects of media law, including First Amendment, broadcast and cable regulation, and entertainment law. KF2750 .A513; Media Law Reporter Online
B. State Court Decisions
- Lexis: State Communications Cases, All
- Westlaw: PUR (includes both court and administrative agency decisions)
Statutes & Legislative History
A. United States Code
- Federal communications statutes are contained in Title 47 of the United States Code.
- Official and annotated codes in print, United States Code, United States Code Annotated, United States Code Service, are all available in the Williams Library Reading Room.
- United States Code online
- Legal Information Institute (Cornell) (current)
- Westlaw: FCOM-USCA (current)
- Lexis: USCS - Communications Titles - Title 47 (current)
- Pike & Fischer Communications Regulation Online (for community only). Sections are referred to by Communications Act of 1934 section numbers.
B. Proposed Federal Legislation
- Thomas (for the full text and status of pending and recently enacted communications legislation, try a word search in the current Congress.
- Westlaw: FCOM-USCA (Use KeyCite's "Pending Legislation" function).
- Lexis: Congressional Full Text Bills - Current Congress.
- CQ.com (available to community only)
C. Federal Legislative Histories
For some federal communications laws, there are compiled legislative histories available in the Library. These compilations usually include bills, Congressional Record debates, reports and hearings. Examples include:
- Max D. Paglin, editor, A Legislative History of the Communications Act of 1934 KF2762.113 .A15 1989
- Max D. Paglin, editor, The Communications Act: A Legislative History of the Major Amendments, 1934-1996 KF2762.113 .A15a 1999
- Robert E. Emeritz et al., editors, The 1992 Cable Act: Law & Legislative History KF2844.A31992 A163 1992
- Robert E. Emeritz et al., editors, The Telecommunications Act of 1996: Law & Legislative History KF2762.115 .A15 1996
- Westlaw: TELECOM-LH (Legislative history of the Telecommunications Competition & Deregulation Act of 1996)
To find others, try a keyword search in GULLiver using terms from the popular title of your act and the phrase "legislative history." Example: cable and legislative history. For complete legislative history information, read our Legislative History Research Guide orLegislative History Tutorial.
Administrative Materials
A. Federal Regulations and Proposed Federal Regulations
- Code of Federal Regulations (CFR), Reading Room and 5th Floor. Regulations are arranged in subject order; FCC regulations are in Title 47. Only final regulations are included in the CFR.
- GPO Access: e-CFR: (current regulations only)
- FDSys: CFR (historic regulations)
- Lexis: CFR - Title 47, Telecommunications (current regulations)
- Westlaw: FCOM-CFR (current regulations from Title 47 C.F.R.
- Federal Register.
- Lexis: Federal Register Communications Notices
- Westlaw: FCOM-FR
- FDSys: Federal Register
- EDOCS at the FCC web site: "EDOCS lets you search a database of Daily Digest entries for FCC documents posted to the FCC web site since March 1996. The query searches on words and numbers that appeared in the Daily Digest title and in the description for each document, not on the full text of each document. EDOCS has two search modules: quick and advanced ."
- FCC Record: A Comprehensive Compilation of Decisions, Reports, Public Notices and Other Documents of the Federal Communications Commission of the United States, KF2765.1 .A55. Official source of FCC rulemaking documents.
- Pike & Fischer Communications Regulation Online includes both final and proposed regulations.
For more information on finding federal regulations, try our Administrative Law Research Tutorial.
B. Federal Communications Commission Decisions
- EDOCS at the FCC web site: "EDOCS lets you search a database of Daily Digest entries for FCC documents posted to the FCC web site since March 1996. The query searches on words and numbers that appeared in the Daily Digest title and in the description for each document, not on the full text of each document. EDOCS has two search modules: quick and advanced ."
- FCC Record: A Comprehensive Compilation of Decisions, Reports, Public Notices and Other Documents of the Federal Communications Commission of the United States, KF2765.1 .A55. Official source of FCC decisions.
- Pike & Fischer Communications Regulation Online (community only).
- Lexis: Federal Communications Commission Decisions (from March 13, 1939; FCC Daily Digest from August 3, 1989).
- Westlaw: FCOM-FCC (from 1965); FCC Daily Digest in FCOM-DIGEST (from January 1994).
- TheDCOffice.com: TheDCoffice.com is a regulatory information service focused on federal telecommunications law. To sign up for FCC docket alerts through the service, contact Sara Burriesci.
FCC Document Numbering System. In the course of your research, you will encounter different types of document numbers. Here are some explanations:
- FCC number (e.g. FCC-99-123): assigned to decisions/documents issued by the authority of the entire Commission, with each Commissioner voting. A FCC number is comprised of two digits indicating the year, and a number of up to 3 digits indicating the sequence.
- DA number (e.g. DA-99-123): assigned to decisions/documents issued by authority delegated to the Bureaus and Offices by the Commission. A DA number is comprised of two digits indicating the year, and a number of up to 3 digits indicating the sequence.
- Docket number (e.g. 83-593, WT 99-123): FCC actions that are related to a specific policy initiative called "a docketed proceeding" are assigned the same docket number assigned to the first proceeding. A docket number is comprised of two digits indicating the year, and a number of up to 3 digits indicating the sequence. Sometimes the initials of the initiating bureau are put at the beginning of a docket number. The initials are: CG for Consumer & Governmental Affairs Bureau, EB for Enforcement Bureau, IB for International Bureau, MB for Media Bureau, WT for Wireless Telecommunications Bureau, WC for Wireline Competition Bureau.
- Rulemaking number (e.g. RM-5667)
- Report number (e.g. Report No. 982): Assigned to public notices which are issued on a regular schedule are assigned a sequential report number.
- Federal Register citation (e.g. 65 FR 2341): The FCC publishes summaries of decisions and other notices in the Federal Register. The first number is the volume, FR stands for Federal Register, and the last number is the page on which the decision or notice begins.
- FCC Record citation (e.g. 19 FCCR 231): FCC Record is the official publication of FCC decisions and other documents. It continues FCC Reports, 2nd Series (FCC 2nd). The first number is the volume number, the last number the page on which the decision or notice begins.
- If you have the FR or FCCR citation, you can easily retrieve the documents in Federal Register (online on Lexis, Westlaw, GPO Access); FCC Record (print, online on Lexis and Westlaw); FCC Web site; Pike & Fischer Communications Regulation Online.
- If you have the Docket Number, Rulemaking number, FCC number, or DA number, you can easily retrieve the documents in: FCC Web site,Pike & Fischer Communications Regulation Online; FCC Record (print - use the index; online on Lexis and Westlaw);Federal Register (online on Lexis, Westlaw, FDSys).
C. State Administrative Regulations
- Lexis: State Communications Law Administrative Codes (Regulations)
- Westlaw: All Databases > U.S. State Materials > Administrative & Executive Materials > Administrative Codes - Individual States
D. State Public Utilities Commission Decisions
- Lexis: State Public Utility Commission Decisions
- Westlaw: PUR (includes both court and administrative agency decisions)
E. Administrative Agencies
- Federal Communications Commission
- Consumer & Governmental Affairs Bureau
- Enforcement Bureau
- International Bureau
- Media Bureau
- Wireless Telecommunications
- Wireline Competition Bureau
- Office of Administrative Law Judges
- Office of Communications Business Opportunities
- Office of Engineering and Technology
- Office of Inspector General
- Office of Legislative Affairs
- Office of The Managing Director
- Office of Media Relations
- Office of Strategic Planning & Policy Analysis
- Office of Work Place Diversity
- The Utility Connection - links to state public utilities commissions
- NTIA National Telecommunications and Information Administration
NTIA is an agency of the U.S. Department of Commerce charged with advising the president on domestic and international telecommunications and information technology issues. The web site provides reports, filings and notices, and NTIA Speeches and Testimony (2001-present, some from 1997-2000).
Secondary Sources
Treatises & Study Aids
Books are often excellent places to start your research. You can find a discussion of the law and citations to leading cases and relevant regulations. Below are a few of the treatises available in the Georgetown Law Library:
1. Stuart N. Brotman, Communications Law and Practice KF2765 .H36 1995.
Loose-leaf for updating at least once per year. Overview of broadcast, telephone, satellite and cable regulation.
2. Peter Huber et al., Federal Telecommunications Law KF2765 .K45 1999.
Covers FCC rule-making and other powers, interconnection rules, universal service, data services, antitrust, privacy, intellectual property, free speech, and other issues related to telecommunications. Supplemented annually.
3. Harvey L. Zuckman et al., Modern Communications Law KF2760 .A7 L583 1999.
Overview of the many aspects of communications law: media law, First Amendment, telecommunications, cable television, broadcasting, and radio spectrum.
4. T. Barton Carter, Juliet Lushbough Dee, & Harvey L. Zuckman, Mass Communication Law in a Nutshell (2007). KF2750.Z9 Z8 2007.
Brief introduction to federal telecommunications and media law, intended for law students.
5. Charles D. Ferris and Frank W. Lloyd, Telecommunications Regulation: Cable, Broadcasting, Satellite, and the Internet (200? -). LEXIS Electronic.
Comprehensive treatise on local, state, and federal regulation of telecommunications. Formerly known as Cable Television
Law.
6. Kent D. Stuckey, Internet and Online Law (1996-) KF390.5.C6 S78; Westlaw
Contracting in the electronic environment, defamation, factual misstatements and intellectual property issues are just some of the topics covered in this guide to Internet and Online Law. Updated twice a year on Westlaw.
7. Raymond T. Nimmer, Law of Computer Technology: Rights, Licenses, and Liabilities, KF390.5.C6 N56; Westlaw
Organized into three major parts: Innovations and incentives; Transactions and third party liability; and Information Age issues
8. George B. Delta & Jeffrey H. Matsuura, Law of the Internet, KF390.5.C6 D45; Westlaw
Covers topics such as applying privacy laws to electronic communications issues, ensuring secure electronic transactions, cryptography, and digital signatures, protecting intellectual property online through link licenses and jurisdiction in cyberspace, as well as others.
To find additional books on your topic, search the library catalog. For tips on effective search, read our GULLiver Guide or watch our GULLiver Tutorial. Keyword searching is usually the best way to start your search for legal treatises. If you want to search by subject heading, try the following subject headings:
- Internet - Law and Legislation - United States
- Telecommunication - Law and legislation - United States
- Mass media - Law and legislation - United States
- Press law - United States
Academic Journals and Journal Databases
Law Journal Databases
- Westlaw and LexisNexis each include the full text for approximately 500 law reviews and journals. Coverage varies by journal, but in general they include articles starting from the late 1980s/early 1990s:
- Westlaw: JLR
- LexisNexis: US & Canadian Law Reviews, Combined
- Westlaw: JLR
- HeinOnline includes approximately 500 law reviews and journals from the inception date of the publication to present (about a year behind)
- HeinOnline also has a subject-specific Intellectual Property Law Journal Library
- HeinOnline also has a subject-specific Intellectual Property Law Journal Library
- LegalTrac (formerly known as the Legal Resource Index) LegalTrac Tutorial
Index of approximately 1,300 journals; coverage begins in 1980. Also available through- Westlaw: LRI
- LexisNexis: Legal Resource Index
- Legal Periodicals and Books Legal Periodicals and Books Tutorial
Index of approximately 1,000 journals (with some full text); coverage begins in August 1981. Also available through- Westlaw: ILP
- LexisNexis: Index to Legal Periodicals
- Legal Periodicals and Books Retrospective Legal Periodicals and Books Retrospective Tutorial
Index of approximately 750 journals; coverage from 1928 to 1980
- Index to Foreign Legal Periodicals Index to Foreign Legal Periodicals Tutorial
Index of approximately 470 legal journals published throughout the world. This database covers 1985 to present. To find older articles, use the Index to Foreign Legal Periodicals in print (KF8 .I35).
Communications/Computer Journal Databases
- ACM Digital Library - Offers access to journal articles and proceedings of the Association of Computer Machinery subgroups, including the Computer and Communications Security, Communications Architectures and Protocols, Communication System Software and Middleware and hundreds more.
- ComAbstracts (Communication Institute for Online Scholarship) (1970-) On-Campus Access only.
Bibliographic database providing abstracts to articles from over 80 communication journals (including a few European and Australian journals). Coverage includes communications-related disciplines: human communication studies, speech communication, rhetoric, journalism, mass communications, etc. - Communication & Mass Media Complete (coverage varies by journal; most available from the 2000s on).
This database provides full-text access to about 200 journals in the area of communication and mass media, as well as citation coverage for additional sources. - ProQuest Telecommunications (1986-).
This database includes over 100 telecommunications industry publications, such as magazines, journals, and newsletters for this industry.
Useful Multidisciplinary Databases.
- ABI/Inform.
Indexes and abstracts to articles in 1300 business and management publications, with varying coverage, some citations dating back to the 1970s. Includes 350 titles from outside the U.S. Also contains full-text articles from more than 600 sources. Many sources available from Communications & Mass Media Complete are also available from this database. - Academic Search Premier (1975-). Academic Search Premier Tutorial
Provides full text from 3,467 publications covering academic areas of study including social sciences, humanities, education, and linguistics, arts and literature, medical sciences, and ethnic studies. - ProQuest Research Library. Proquest Research Library Tutorial
Indexes and abstracts to articles in more than 1800 general publications, with varying coverage dates, most beginning in the late 1980's. Also, complete articles from approximately 200 popular periodicals. Many but not all sources available in ProQuest Telecommunications are available in this database.
News and Current Awareness
It is crucial when practicing or researching in heavily regulated areas of law such as communications to keep on top of new developments. A few of the tools available for doing so are listed below.
- Computer Technology Law Report (BNA) Online access for Georgetown Law students & faculty only
Biweekly coverage of legal developments in liability and insurance coverage issues relating to computers -- from network security to packaging and protecting digital assets.
- Cyberspace Law: The Legal Scholarship Network http://www.ssrn.com/update/lsn/lsn_cyber-law.htm
"Publishes abstracts of papers dealing with all aspects of the regulation of cyberspace, whether that regulation is through law, social norms, or the architecture of the network. The approach of the journal is inter-disciplinary: We will abstract papers in law and in other related social science disciplines that raise issues related to the regulation of cyberspace."
- E-Commerce Law Daily (BNA) Online access for Georgetown Law students & faculty only
Provides daily report on a national and global perspective on new developments affecting the law of electronic commerce, and all relevant practice area
- Electronic Commerce and Law Report (BNA) Online access for Georgetown Law students & faculty only
A weekly newsletter covering legal developments and trends in the major legal issues surrounding digital communications -- contents, transactions, and infrastructure, on federal, state, and international levels. This database contains all issues published since April 12, 1996.
- World Data Protection Report (BNA) Online access for Georgetown Law students & faculty only
Covers developments in worldwide privacy law. Published monthly.
- FCC Daily Digest provides a brief synopsis of Commission orders, news releases, speeches, public notices and all other FCC documents that are released each business day.
- FCC web site (searchable, with links to full text, 1994-)
- Westlaw: FCOM-DIGEST (1984-)
- Headlines (on the FCC web site) is the best source for up-to-the-minute status and links to the latest and highest profile items at the Commission, and for other important notices.
- FCC web site (July 1996 -)
- FCC web site (July 1996 -)
- Communications Daily (The daily newsletter covers telecommunications, broadcasting, cable televisions, and the electronic media)
- Lexis: Communications Daily (Jan 1984- )
- Westlaw: COMMD (1991- )
- Media Law Reporter (BNA) publishes U.S. Supreme Court and selected state and lower federal court decisions on all aspects of media law, including First Amendment, broadcast and cable regulation, and entertainment law. KF2750 .A513; Media Law Reporter Online.
- Telecommunications Monitor (BNA) is a daily bulletin with detailed coverage of the most significant regulatory, legislative, and judicial decisions and developments affecting telecommunications. Telecommunications Monitor Online.
- TheDCOffice.com: TheDCoffice.com is a regulatory information service focused on federal telecommunications law. To sign up for FCC docket alerts through the service, contact Andrew Christensen.
- Broadcast Law Blog
- This blog by law firm Davis Wright Tremaine, LLP, reports on developments in the regulation of broadcast television and radio, as well as Internet radio and television and other online media.
- CommLawBlog
- This blog from law firm Fletcher, Heald & Hildreth analyses recent developments in communications law and regulation, including the areas of broadcast, cable, wireless, satellite radio, the First Amendment, and intellectual property.
Dictionaries/Glossaries
- Newton's Telecom Dictionary: the Official Dictionary of Telecommunications & The Internet TK5102 .N48 2005
- Alliance for Telecommunications Industry Solutions Telecom Glossary
ATIS develops standards and solutions addressing a wide range of industry issues in a manner that allocates and coordinates industry resources and produces the greatest return for communications companies. It is accredited by the American National Standards Institute.
Other Resources
Professional Associations, Organizations, and Institutes
A. United States
- Telecommunications Industry Association
TIA is a non-profit trade association serving the U.S. communications and information technology industry. - TPRC
TPRC is a non-profit organization which hosts annual forum for scholars engaged in publishable research on policy-relevant telecommunications and information issues, and for public- and private-sector decision makers engaged in telecommunications and information policy. The Web site provides access to program information and proceedings (1994-present). - Electronic Frontier Foundation (EFF)
EFF is a donor-supported membership organization working to protect our fundamental rights regardless of technology; to educate the press, policymakers and the general public about civil liberties issues related to technology; and to act as a defender of those liberties. Among its various activities, EFF opposes misguided legislation, initiates and defends court cases preserving individuals' rights, launches global public campaigns, introduces leading edge proposals and papers, hosts frequent educational events, engages the press regularly, and publishes a comprehensive archive of digital civil liberties information on its web site. - Electronic Privacy Information Center (EPIC)
Public interest research center in Washington, D.C. It was established in 1994 to focus public attention on emerging civil liberties issues and to protect privacy, the First Amendment, and constitutional values. - Internet Corporation for Assigned Names and Numbers
ICANN is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet's unique identifiers. - Software & Information Industry Association
SIIA is the principal trade association for the software and digital content industry. SIIA provides global services in government relations, business development, corporate education and intellectual property protection to the leading companies that are setting the pace for the digital age. - World Wide Web Consortium (W3C)
The World Wide Web Consortium (W3C) develops interoperable technologies (specifications, guidelines, software, and tools) to lead the Web to its full potential. W3C is a forum for information, commerce, communication, and collective understanding.
B. Global Organizations
- International Telecommunication Union (ITU)
ITU is the leading United Nations agency for information and communication technology issues.
- Internet Corporation for Assigned Names and Numbers (ICANN)
ICANN is a not-for-profit public-benefit corporation with participants from all over the world dedicated to keeping the Internet secure, stable and interoperable. It promotes competition and develops policy on the Internet‰s unique identifiers. - Radio-Television News Directors Association & Foundation (RTNDA)
RTNDA is the world's largest professional organization devoted exclusively to electronic journalism. RTNDA represents local and network news executives in broadcasting, cable and other electronic media in more than 30 countries. The Web site provides general information about the Association and its educational arm. It also provides access to its research results. The more resent research results are available for a fee.
Sources for Statistics
- FCC Web Site. Different bureaus keep statistics on different topics. Consult the list of bureaus under Administrative Agencies above. Below are examples of some bureaus' statistics pages:
- Consumer & Governmental Affairs Bureau
- Quarterly Inquiries & Complaints Reports - These reports track consumer inquiries and complaints processed by CGB each quarter. Inquiries are defined as correspondence or communications received at the Commission from individuals seeking information on matters under the FCC‰s jurisdiction. Informal consumer complaints are defined as a communication received at CGB‰s consumer centers either via postal mail, fax, email or telephone from or on behalf of an individual that: (i) identifies a particular entity under the FCC‰s jurisdiction; (ii) alleges harm or injury; and (iii) seeks relief.
- Enforcement Bureau
- International Bureau
- Annual Circuit Status Report - This report traces the development and trend of the international telecommunications industry. It consists of 31 statistical tables and 16 figures. Although the majority of the tables covers recent trends, also included is historical information as far back as 1950. Much of the information contained in these statistical trends are from the Commission's annual international traffic releases. This report compares trend information for 40 selected countries and 10 regions of the world. Also included are rate information and statistics on prepaid calling card. Individual U.S. international carrier information as well as share information can also be found in this report.
- Annual International Telecommunications Data - This report is an annual report which captures traffic between the United States and other countries for international message telephone, private line, and miscellaneous services on a country-by-country basis. The data are compiled from reports submitted to the FCC by U.S. carriers pursuant to section 43.61(a) of the Commission's rules. International billed minutes, revenues, payouts, and receipts are contained in the annual report. Also contained in the publication are world total statistics for international pure resale providers. The information is used in the U.S. government to support policies and in the telecommunications industry for facilities planning.
- Satellite Competition Report - This new report will provide an annual assessment of the state of competition in markets for domestic and international satellite services.
- Trends in the International Telecommunications Industry - This report traces the development and trend of the international telecommunications industry. It consists of 31 statistical tables and 16 figures. Although the majority of the tables covers recent trends, also included is historical information as far back as 1950. Much of the information contained in these statistical trends are from the Commission's annual international traffic releases. This report compares trend information for 40 selected countries and 10 regions of the world. Also included are rate information and statistics on prepaid calling card. Individual U.S. international carrier information as well as share information can also be found in this report.
- Media Bureau
- Media Reports on the Cable Industry - This page provides links to Annual Assessments of the Status of Competition in the Market for the Delivery of Video Programming (MVPD Competition Reports), Annual Reports on Cable Industry Prices, and Periodic Reviews of the Radio Industry.
- Wireline Competition Bureau
- Analyses and Data on the Telecommunications Industry - The WCB Industry Analysis and Technology Division's economic, financial, and statistical analyses of the common carrier telecommunications industry. This page provides links to reports on the following topics: Statistical Trends in Telephony, Local and Long Distance Telephone Industries, Local Telephone Competition and Broadband Deployment, Statistics of Communications Common Carriers, Telephone Industry Infrastructure and Service Quality, Federal-State Joint Board Monitoring Reports, National Exchange Carrier Association and Universal Service Administrative Company Data, International Traffic Data, and Telephone Numbering Facts.
- Consumer & Governmental Affairs Bureau
- Digital TV Transition (DTV.gov): U.S. Digital TV Transition Statistics - Provides statistics by U.S. region, with demographic information on education level, age, language, race, and median income.
- NTIA National Telecommunications and Information Administration - The Reports, Filings and Notices page provides links to statistical data.
- Pew Internet & American Life Project - Gathers and disseminates statistics on U.S. Internet usage.
- Telecommunications Industry Association Research & Resources - This industry association provides telecommunications industry market reviews and forecasts. Some data must be purchased.
- LexisNexis Statistical - Abstracts and index to statistical materials published by federal and state governmental agencies as well as private national, international, and intergovernmental organizations.
For additional statistical resources, see our Statistical & Empirical Legal Studies Research Guide.
Revised 9/6/2011 (AJC)
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