Compulsory license for cable systems--Copyright Office, Library of Congress. Interim regulations

This notice is issued to inform the public that the Copyright Office of the Library of Congress is adopting interim amendments to 201.11 and 201.17 as amended on June 27, 1978 and July 3, 1980 respectively. These regulations implement portions of section 111 of the Copyright Act of 1976, title 17 of the United States Code. That section prescribes conditions under which cable systems may obtain a compulsory license to retransmit copyrighted works, including the filing of Notices of Identity and Signal Carriage Complement and Statements of Account, and the submission of statutory royalty fees. The effect of the amendments is to modify the filing requirements and royalty fee calculations necessitated by changes in the rules and regulations of the Federal Communications Commission. The amendments are issued on an interim basis in order to permit their immediate application while allowing full public comment.     

Medical use of byproduct material; public meetings--NRC. Notice of public meetings

The Nuclear Regulatory Commission has developed a proposed rulemaking for a comprehensive revision of its regulations governing the medical use of byproduct material in 10 CFR Part 35, "Medical Use of Byproduct Material," and a proposed revision of its 1979 Medical Use Policy Statement (MPS). Throughout the development of the proposed rule and MPS, the Commission solicited input from the various interests that may be affected by these proposed revisions. The Commission now plans to solicit comments on the proposed rule and MPS through two mechanisms--publishing the documents in the Federal Register for public comment (scheduled for August 1998); and convening three facilitated public meetings, during the public comment period, to discuss the Commission's proposed resolution of the major issues. The public meetings will be held in San Francisco, California, on August 19-20, 1998; in Kansas City, Missouri, on September 16-17, 1998; and in Rockville, Maryland, on October 21-22, 1998. All meetings will be open to the public. Francis X. Cameron, Special Counsel for Public Liaison, in the Commission's Office of the General Counsel, will be the convener and facilitator for the meetings.     

A review of telecom markets in the EU: What did the European Commission learn or not from the past?

The EU telecom regulation relies on a market-by-market sunset approach. In order to facilitate the market review of national regulatory authorities, the European Commission has offered two successive sets of recommended markets susceptible to ex ante regulation. The inclusion or exclusion of a recommended telecom market is analyzed on its competition conditions across the EU. Beginning in 2014 the European Commission published the draft third Market Recommendation. This article aims to give a critical evaluation of those recommended markets by surveying the competition situations on every telecom market in the EU Member States. It observes that while the drafted Third Recommendation makes a reasonable assessment for most telecom markets, it may not have appropriately addressed markets such as retail fixed access, wholesale call origination, wholesale fixed and mobile call termination, wholesale high-quality access, and wholesale broadcasting transmission.     

Legalism and English Administrative Law: Comment on Sterett

In a recent issue of this journal (Volume 15, Number 4, Fall 1990), Susan Sterett examined the role of the Law Commission in the development of English administrative law. She suggested that the Commission mimicked a "peak association" and adopted an "idiom of legalism" in order to justify its reform proposals. This comment disagrees with Sterett on three grounds. First, the role and constitutional position of the Commission is far more complex than Sterett suggests, and this affects the way in which the Commission works. Second, judges and academic lawyers were central to the reform of substantive principles of judicial review in the 1960s and 1970s, making it unnecessary for the Law Commission to act in this field. Finally, it is wrong to ignore the fact that much administrative law occurs outside the judicial review procedure.     

Revision of fee schedules; 100% fee recovery; clarification of size standards--Nuclear Regulatory Commission. Final rule

The Nuclear Regulatory Commission (NRC) is amending its regulations concerning the payment of annual fees to clarify the provisions that identify the size standards used to determine whether an NRC licensee would qualify as a "small entity" under the Regulatory Flexibility Act for the purpose of paying a reduced annual fee. This clarification is necessary because the size standards presented in the regulations did not clearly indicate the complete range of size standards adopted by the NRC.     

The Law Commission Consultative Report on Company Security Interests: An Irreverent Riposte

I was once at a sermon by a well-known Northern Ireland politician and minister of religion in which, talking about the fall from grace of a British minister following a sex scandal, he commented that while the will of God worked slowly it also worked surely. Be that as it may, one might comment that the process of law reform, whatever about working surely, can certainly work slowly. Back in July 2002 the Law Commission produced with some haste a consultation paper on Registration of Security Interests . ¹ There was a bit of a fanfare, a short consultation period and talk of imminent legislative change. Things went quiet for a while. More than 2 years later the Law Commission came back in September 2004 with a further consultation paper only this time called a "consultative report" ² with the promise of a Final Report in July 2005. In this article I will look at the consultative report and ask whether it is going to be the harbinger of legislative transformation.     

Medical use of byproduct material; proposed revision--NRC. Proposal rule

The Nuclear Regulatory Commission (NRC) is proposing a revision of its regulations governing the medical use of byproduct material. The proposed rule is one component of the Commission's overall program for revising its regulatory framework for medical use. The overall goals of this program are to focus NRC's regulations on those medical procedures that pose the highest risk to workers, patients, and the public, and to structure its regulations to be risk-informed and more performance-based, consistent with the NRC's "Strategic Plan for Fiscal Year 1997-Fiscal Year 2002". A notice in this issue of the Federal Register announcing the Commission's proposed revision of its 1979 "Medical use Policy Statement" for public comment is published elsewhere.     

Calling 911 during episodes of domestic abuse: What justifies a call for help?

This preliminary investigation built on the work of Johnson and Sigler (2000), indicating that the public was highly intolerant of wife abuse and increasingly willing to criminalize its occurrence. Videotaped or written scenes containing domestic violence were presented to college students who were asked to indicate the seriousness of each situation, as well as respond to the question, “Is a call to 911 emergency services justified?” The results suggested that these participants were highly intolerant of both physical and nonphysical spousal abuse and that they reliably viewed 911 calls to be justified following scenes with physical violence and no physical injury, as well as scenes with verbal threats, but no physical violence.     

The development of technical and spectrum requirements for meeting federal, state and local public safety agency communication requirements through the year 2010, establishment of rules and requirements for priority access service--FCC. Proposed rule

The federal Communications Commission (Commission) adopted a Third Notice of Proposed Rule Making ("Third Notice") contemporaneously with a First Report and Order ("First Report") that is summarized elsewhere in this edition of the Federal Register. By its Third Notice, the Commission makes a range of proposals and seeks comment relating to public safety communications in the 746-806 MHz band ("700 MHz band") and in general. The Commission invites comment on how to license the 8.8 megahertz of 700 MHz band spectrum designated as reserved in the First Report and on whether to directly license each state or use a regional planning process to administer the nationwide interoperability frequencies (2.6 MHz of spectrum designated in the First Report) pursuant to the national interoperability plan to be established by the National Coordination Committee. The Third Notice also discusses protection requirements for the Global Navigation Satellite Systems and offers proposals to facilitate use of nationwide interoperability in public safety bands below 512 MHz. Finally, because many of the automated and intelligent machines and systems on which public safety entities depend for their operations were not designed to take into account the date change that will occur on January 1, 2000, the Commission also seeks comment on how best to ascertain the extent, reach, and effectiveness of Year 2000 compliance initiatives that have been or are being undertaken by public safety entities, to better understand the nature of the Year 2000 problem and the potential risks posed to public safety communications networks. This action addresses an urgent need for additional public safety radio spectrum and the need for nationwide interoperability among local, state, and federal entities. By this action, the Commission also takes additional steps toward achieving its goals of developing a flexible regulatory framework to meet vital current and future public safety communications needs and ensuring that sufficient spectrum to accommodate efficient, effective telecommunications facilities and services will be available to satisfy public safety communications needs into the 21st century.     

Medicaid program; state share of financial participation--HCFA. Withdrawal of interim final rule with comment

On September 12, 1991, we published in the Federal Register an interim final rule with comment entitled "Medicaid Program; State Share of Financial Participation" (56 FR 46380). It dealt with the use of State taxes and provider donations as the State share of the costs of the Medicaid program. On October 31, 1991, we published a clarifying interim final rule with comment (56 FR 56132), which withdrew and cancelled the September 12, 1991, interim final rule. After further consideration, the Secretary has also decided to withdraw the October 31, 1991 interim final rule.     

The Politics of a European Civil Code

Abstract:  Last year the European Commission published its Action Plan on European contract law. That plan forms an important step towards a European Civil Code. In its Plan, the Commission tries to depoliticise the codification process by asking a group of academic experts to prepare what it calls a 'common frame of reference'. This paper argues that drafting a European Civil Code involves making many choices that are essentially political. It further argues that the technocratic approach which the Commission has adopted in the Action Plan effectively excludes most stakeholders from having their say during the stage when the real choices are made. Therefore, before the drafting of the CFR/ECC starts, the Commission should submit a list of policy questions regarding the main issues of European private law to the European Parliament and the other stakeholders. Such an alternative procedure would repoliticise the process. It would increase the democratic basis for a European Civil Code and thus its legitimacy.     

体系视角:地役权研究的一个文献综述

文献综述是研究的一个基本步骤,对研究方向、深度、广度具有重要的意义。法学研究中的文献综述尚未得到充分的重视。就地役权而言,在研究过程中作文献综述同样是必不可少的。就我国地役权研究情况而言,既有成绩,也有不足。成绩主要体现为:对地役权的基本概念、历史沿革、与相关制度特别是相邻权等,功能与意义等做了较为深入的研究,普及了地役权基本知识,为物权法立法提供了基本的理论素材,推动了物权理论研究的深入。不足之处主要在于:一是在研究方法上比较单一;二是在研究内容上存在着"四多四少";三是从文献语种来看,比较偏颇;四是法学内相关学科的研究进度不一。我国未来的研究应该着力克服现行研究存在的不足,推动理论、立法与实践的良性互动。     

Case comment: C-82/10 European Commission v Ireland—judgement of the Court of Justice of the European Union,September 29, 2011 (VHI case)

This article is the case comment on the recent judgement (September 29, 2011) of the Court of Justice of the European Union in the case No C-82/10 concerning non-life insurance. This case was initiated by the European Commission against Ireland for failure to fulfil its obligations by not covering the Voluntary Health Insurance Board by insurance supervisory scheme as provided for by relevant Directives. The above insurance institution which is the main health insurer in Ireland enjoys exemption from the supervisory scheme envisaged by relevant Directives. Ireland may maintain this exemption if its capacity is not amended; otherwise the above institution must be covered by the insurance supervisory scheme. This article provides a brief summary of facts and court conclusions alongside with relevant comments on the impact of this judgement. The author has commented both legal and economic aspect of this case paying particular attention to the role of this judgement in the development of the insurance supervisory scheme in the European Union law.     

Medical use of byproduct material; draft policy statement--NRC. draft policy statement

The Nuclear Regulatory Commission (NRC) is proposing, for formal comment, revisions of its 1979 policy statement on the medical use of byproduct material. These proposed revisions are one component of the Commission's overall program, as previously announced in the Federal Register, for revising its regulatory framework for medical use, including its regulations that govern the medical use of byproduct material. The overall goals of this program are to focus NRC regulation of medical use on those medical procedures that pose the highest risk and to structure its regulations to be risk-informed and performance-based, where appropriate, consistent with NRC's "Strategic Plan for Fiscal Year 1970 Fiscal Year 2002".     

MERGERS, STANDARD OF PROOF AND EXPERT ECONOMIC EVIDENCE

There is an increasing use of complex econometric modellingin EC merger control proceedings. The question is whether econometricsare subject to a standard of evidence similar to that applicableto facts and theories that the Commission traditionally usesand articulates in its merger decisions or whether there shouldbe some margin of discretion left to the Commission in the treatmentand handling of econometric evidence. In the former case, ECcourts would exert an intensive review of the Commission's useand articulation of econometric evidence. In the latter case,EC courts would adopt a rather deferential approach. While theissue has not yet been dealt with before EC courts, this articlesubmits that the Commission should use econometrics with cautionand, hence, should meet a relatively high evidentiary thresholdbefore admitting the results of econometric models into evidence.Several guiding principles of evidence are suggested, whichare not intended to negate the Commission's margin of discretion,but would, nevertheless, ensure that econometrics be subjectto a fairly high standard of proof.     

Protection of human subjects; compensating for research injuries; request for comments on report of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research

This notice requests public comment on the Report of the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research entitled "compensating Research Subjects," which was issued in June 1982.     

Quality management program and misadministrations; NRC override of OMB disapproval of NRC information collection request--Nuclear Regulatory Commission. Final rule

The Commission has voted to override the Office of Management and Budget (OMB) disapproval of the information collection requirements imposed in the final rule entitled "Quality Management Program and Misadministrations" (July 25, 1991; 56 FR 34104). As part of this final rule, the Commission is amending its regulations to reflect OMB's assignment of a new control number to these information collection requirements. The Commission reevaluated the need for this final rule and the information collection requirements it contains. The Commission continues to believe that its requirements for written quality management programs and misadministration reports, if complied with, have a reasonable likelihood of decreasing misadministrations (e.g., wrong dose or wrong patient) with a small incremental cost to licensees. Without the reporting and recordkeeping requirements, it would not be possible to implement and enforce these regulations effectively.     

UK Commission concludes international patent laws hinder access to medicines in developing countries

On 12 September 2002, the UK Commission on Intellectual Property Rights, an independent body established in May 2001 by the British government, released its report analyzing the impact of international agreements on patents. The report, Integrating Intellectual Property Rights and Developmental Policy, makes 55 recommendations "aimed at aligning [intellectual property] protection with the goal of reducing poverty".     

Rate increase disclosure and review: definitions of "individual market" and "small group market." Final rule

This final rule amends a May 23, 2011, final rule entitled "Rate Increase Disclosure and Review". The final rule provided that, for purposes of rate review only, definitions of "individual market" and "small group market" under State rate filing laws would govern even if those definitions departed from the definitions that otherwise apply under title XXVII of the Public Health Service Act (PHS Act). The preamble to the final rule requested comments on whether this policy should apply in cases in which State rate filing law definitions of "individual market" and "small group market" exclude association insurance policies that would be included in these definitions for other purposes under the PHS Act. In response to comments, this final rule amends the definitions of "individual market" and "small group market" that apply for rate review purposes to include coverage sold to individuals and small groups through associations even if the State does not include such coverage in its definitions of individual and small group market. This final rule also updates standards for health insurance issuers regarding disclosure and review of unreasonable premium increases under section 2794 of the Public Health Service Act.     

The Complications of Colocation: What the Federal Communication’s Rule Making May Mean for Your Community

Abstract

You did it. You successfully worked with a wireless service provider to find the ideal spot for its new wireless tower. The tower is positioned perfectly—in the heart of downtown, yet safe, hidden, completely undisruptive. The provider is happy. The community is content. It’s a win‐win. Fast forward a month. The provider is back with a new idea: To support the latest technology and to enhance its revenues, it will add not one, but four 20‐foot extensions for new antennas. The extensions would make the otherwise hidden facility visible. They would reach across and over the sidewalk and street, presenting safety risks. And the provider would also add four new equipment cabinets and an equipment shelter. Your answer is easy: Absolutely not. We can find a better solution. But this time the provider is not asking, it’s demanding. It says that because it is not proposing an initial facility but a colocation, you must approve its requests. Whether the provider is correct may turn on how the Federal Communications Commission (FCC) resolves a pending rule making. This article describes the proceeding, key issues it raises, and what the proceeding may mean to you and your community. As a planner, you can influence the proceeding by meeting with the FCC to discuss the proposed rules and by responding to industry claims that local requirements are delaying deployment.