Government Players and Processes

TC 310May 13, 2008

Federalism

Definition Versus Unitary and Confederation Types of Powers

Reserved, granted, concurrent

Approaches Dual Cooperative

Why do we care?

Congress

Bicameral Political Body Create laws, not policy

1996 Telecom Act vs. Computer III Bills and Resolutions

Process Introduction Committee Full House or Senate Presentation to Full Adjustments President

Influencing Congress

Lobbys & PACs: “Professional” Citizens Citizens Private contact Public Hearings http://thomas.loc.gov/

Executive Branch

Headed by President Cabinet Independent Agencies

DoJ FTC FCC DHS

DoJ

Attorney General created 1789 DoJ works under Attorney General Agency Structure

Antitrust Division Sherman Anti-Trust Act

Monopoly busting Clayton Act

Mergers & acquisitions Tying arrangements

FTC

Consumer Protection is primary goal Internally audited by the office of the Inspector

General. Why important for Telecommunications?

Rates Competition Mergers

DHS

Seeks out vulnerabilities in Nation's security Telecommunication Network is a vital part of

security Also wiretapping Infrastructure Internet

Influencing the Executive Branch

Elections Agencies are robust, rarely open to public

Hearings Petitioning

Judicial System

Specialized Courts (optional) District Courts

Mandatory Review Court of Appeals

Mandatory Review U.S. Supreme Court

Writ of certiorari Issues of Law

District and Appeal Courts

District Trial court for federal system 94 total districts

Lansing is Michigan Western District, Sixth Circuit

Court of Appeals Districts collapse into 12 Circuits Must hear all appeals

State Courts

Generally function in a similar manner Multi-leveled Court of last resort

If larger issue at stake, may enter the federal court system

U.S. Supreme Court

Made up of Nine Justices/ 1 Chief Justice Appointed by President

Interested only in points of law. What does this mean?

Judicial Review Marbury v. Madison (1803)

Supreme Court Procedure

Court is petitioned Petitioner v. Respondent

Accept when: Resolve interpretation of federal law Correct egregious mishandlings Resolve federal law question, application in lower court

Briefs Filed Oral Arguments Decision by majority.

Important to Telecom?

Policies and Laws regarding jurisdiction frequently find way to Supreme Court

Balance over Executive Agencies

States

Parallel structure to federal government frequently

Are given jurisdiction: PUCs Local franchising State courts

Telecommunication jurisdiction increasingly heading towards feds.

Conclusion

Why is knowing agencies, procedures important? How to influence process How influence works Who has power in what areas