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226.4 sec. 1 - Telecommunications, Broadcast, and Internet Law (Spring 2013)

Instructor: Catherine Sandoval  
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Units: 3
Meeting Time: M 6:25-9:05
Meeting Location: 240

Course Start: January 07, 2013
Course Control Number (Non-1Ls): 49643

This course will analyze legal issues that shape communications media, our economy, and democratic discourse. The course will analyze the legal and regulatory framework governing broadcast, cable, satellite, wireline and wireless, and Internet communication. It will explore First Amendment issues in regulation of speech on and by the media. The course will examine the administrative law and procedural principles shaping communications regulation. It will use antitrust theories and techniques to analyze market entry, competition, market power, and their impact on consumers and the public interest. The course will analyze technological issues relevant to communications regulation such as spectrum and technological convergence. The course analyzes the Communications Act's directive that broadcasting must serve the public interest. It explores the paramount weight given to the speech rights of the public in broadcasting, and the editorial discretion and speech rights of broadcasters. It will explore the growth of cable and satellite television and the distinct regulatory regimes adopted to encourage their development. The course will explore the roots of FCC policy to spur the expansion of computer and internet-based services. It will analyze the evolution of those policies from the Computer Inquiries, to net neutrality, and the challenges in defining the appropriate boundaries for regulation. Students who have taken a similar course may receive credit for this course.

Professor Sandoval is a Commissioner with the California Public Utilities Commission. At the CPUC she has focused on communications matters including proposed communications utility mergers, integration of new communications technologies into California's policy framework, and provision of reliable communications service. Her work at the CPUC has also focused on energy matters including the growing use of communications technologies in the energy field, and on energy procurement, efficiency, conseration, renewable energy, and long-term energy planning. She serves as the CPUC's Water Commissioner and focuses on water rates, quality, availability, and sustainable water delivery, use, and management practices for the state's investor-owned water utilities.
Prior to her appointment to the CPUC by Governor Jerry Brown in January 2011, she was a tenured professor at Santa Clara University School of Law where she taught Communications Law, Antitrust Law, and Contracts. Before joining the legal academy, she was the Undersecretary for the State of California's Business Transportion and Housing Agency. Previously, she served as Vice-President and General Counsel of Z-Spanish Media, a media company with broadcasting, internet, and billboard assets. She served as a senior manager at the Federal Communications Commission (FCC) from 1994-1999 where she directed the FCC's Office of Communications Business Opportunities. She was an associate with the law firm of Munger, Tolles and Olson where she was a litigator. She clerked for Judge Dorothy W. Nelson with the 9th Circuit Court of Appeals.
Professor Sandoval earned her J.D. from Stanford Law School where she was a member of the Stanford Law Review and the Co-President of the Stanford Latino Law Students' Association. She was a Rhodes Scholar and earned her M.Litt. in Politics (Political Science) from Oxford University. She earned her B.A. from Yale University. Professor Sandoval is from East Los Angeles and currently lives in the San Jose, California area.

Knowledge of First Amendment constitutional jurisprudence and administrative law are very helpful. Relevant constitutional, administrative law, and antitrust law principles will be taught during the course so knowledge of these fields is not a prerequisite.

Exam Notes: P+
Course Category: Intellectual Property and Technology Law
This course is cross-listed in the following categories:
General Courses
Jurisprudence and Social Policy (JSP)
Law and Economics
Law and Society
Public Law and Policy
Social Justice and Public Interest

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A reader will be used in this class.

Instructor has indicated that no books will be assigned.

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