A-1
Oral History of Richard E. Wiley
INDEX
ABC television, 54
Adelphia/Comcast merger, 74
advertising
and common ownership, 53–54
and Fairness Doctrine, 40–41
and HDTV transmission, 90
Allen, Rand, 68
American Bar Association, 18, 19
Young Lawyers Section, 19
Ameritech, 64, 65, 74, 98
analog transmission, 76, 79, 80, 81, 86, 91–94
transition from, 91–94, 95
answering machines, 37
antitrust, 19, 22, 24
AT&T divestiture, 44–45, 65
failing company defense, 54
television network violation suit, 55–56
AOL/Time Warner merger, 74
Arlington, Virginia, 66, 69
Army Judge Advocate General’s Corp. See JAG
AT&T, 74
breakup, 44–45, 65
digital transmission, 86
monopoly, 25, 27, 44
telephone equipment, 37–38
transmission standards, 79, 82
See also Baby Bells
Attorney General. See U.S. Attorney General
Baby Bells, 45, 60, 64–65, 98
mergers, 73–74
bankruptcy, 73
Barkley, Robert, 33, 35
Bartlett, Fred, 66
baseball
amateur, 13, 14
Chicago professional teams, 3–4
HDTV transmission of games, 96
high school varsity, 3, 5, 6, 7
Northwestern, 6–7, 8
Bazelon, David L., 42, 43
A-2
Bell, George, 21, 22
Bell system. See Baby Bells
Belo, 74
Bono, 53
Boulder, Colorado, 13, 14
Brinkley, David, 87
Brinkley, Joel, 87–88
Defining Vision, 88
broadband, 93, 94
broadcast industry, 23, 25
and cable television, 47, 52
children’s programming, 38, 57
competition, 27–28, 29, 33, 46
deregulation, 38, 39, 54
educational programs, 38, 39, 86
Emmy awards, 87, 97
equal employment opportunity, 38–39
Equal Opportunity Doctrine (equal time), 40, 51
failing station rule, 54
Fairness Doctrine, 26, 40–41
family viewing time, 54–56
indecency issue, 41–42, 52–53, 54
information programs, 38, 39, 40
license renewal, 37, 39
and FCC rules violation, 39
Petition to Deny Day, 37
mergers, 74–75
and New Ethic, 39
newspaper cross-ownership, 42–43, 53–54, 75
news programs, 39, 40, 51–52, 97
parental warning, 55
political campaign coverage, 39, 40–41, 54
equal time rules, 40, 51
presidential debates, 40, 47–49, 51–52, 76
self-regulation, 55
standards and guidelines, 39
and technological revolution, 29, 46
digital transmission transition, 91–94, 95
HDTV-multicasting shifting, 86
transmission standards revision, 76–97
See also radio; television
Brunner, Tom, 68–69
Burch, Dean, 22, 24, 25, 26–27, 34
cable TV policy, 46–47
and commissioners, 29, 30, 31, 32, 33
competition policy, 27, 28, 37
A-3
and equal employment rules, 38
“open skies” program, 27, 60
Bush, George W., 70–71
cable television, 27, 28, 46–47, 94
indecency issue, 52–53
transmission standards, 77, 78, 85, 86
Captain Kangaroo, 38
Carlin, George, “seven dirty words,” 41
Carter, Amy, 50
Carter, Jimmy, 40, 48–51, 58, 65
CATV (Community Antenna Television), 27–28
CBS network, 54, 55, 60, 65
digital transmission, 79
engineering, 91
and Federal Advisory Committee, 77, 91
mergers, 74, 75
CD Radio, 74–75
cellular telephones, 28–29
Chadwell, Keck, Kayser, Ruggles & McLaren, 19, 20, 21, 22
Chicago, 1–2, 5, 19–21, 22, 24, 33
baseball teams, 3–4
Kirkland & Ellis office, 64, 65
law firms, 19, 21, 59
newspaper/broadcast cross-ownership, 42
and telephone industry, 44
Chicago Cubs, 3, 4
Chicago Tribune, 42, 66, 98
Chicago White Sox, 3, 4
children
and family viewing hour, 54–56
and indecent language, 41–42, 52
and television programming, 38, 57
Civiletti, Benjamin, 61
civil procedure law, 13, 14
classical music format, 43
COMA (Court of Military Appeals), 16
Comcast/Adelphia merger, 74
Comiskey Park (Chicago), 3–4
Commodities Futures Trading Commission, 67
Communications Act (1934), 73
Communications Act (1996). See Telecommunications Act
communications industry
and competition, 27–28, 37–38, 46, 53–54
early 1970s components, 23, 25
interconnection standards, 38
A-4
and mergers, 73–75
multiple aspects, 54
“open skies” program, 27, 60
technological revolution, 27–29, 33
See also telecommunications; transmission standards; specific types of
communication
communications law, 22–23, 24–26, 59–63, 67, 69, 71, 72–75
and conflicts-of-interest, 63, 64–66, 98
and mergers, 73–75
Community Antenna Television. See CATV
computer industry, 77, 79, 83, 91, 93
See also Internet
COMSAT (satellite communication), 27, 60, 75
Congress, U.S., 26, 76
and FCC policies, 46, 47, 54
and indecency issue, 41, 52
See also Senate, U.S.
Constitutional Accountability Center, 58
Consumer Protection Bureau, 22
Cooper Carvin, 72
Court of Appeals for the D.C. Circuit. See U.S. Court of Appeals for the District of
Columbia Circuit
Court of Military Appeals, 16
courts martial, 16
cross examination, 18
Crowell & Moring, 68
DC Circuit. See U.S. Court of Appeals for the District of Columbia Circuit
Democratic Party, 39
FCC appointees, 30, 31, 32–33, 35, 45, 47, 48, 49, 57, 58, 85
Department of Justice. See Justice Department, U.S.
deregulation, 38, 39, 46, 50, 54
digital transmission, 79–97
Grand Alliance of systems, 82–87
model, 84
and multicasting, 85–86
transition to, 91–94, 95
UHF signal, 93
See also HDTV
District of Columbia. See U.S. Court of appeals for the District of Columbia Circuit;
Washington, DC
District of Columbia Bar Association, 76, 88
DLA Piper, 68–69
Dolby audio, 85
Dow Lohnes, 59
draft, 11, 16
A-5
educational programming, 38, 39, 86
Emmy awards, 87, 97
equal employment opportunity, 38–39
Equal Opportunity Doctrine (equal time), 40, 51
Ethics in Government Act (1978), 49
Europe, broadcast transmission system, 76, 79, 80, 81, 95
failing company defense, 54
Fairness Doctrine, 26, 40–41
family viewing hour, 54–56
FCC. See Federal Communications Commission
Federal Advisory Act (1972), 76–77, 84
Federal Advisory Committee, 76–97
achievement, 95–97
adoption of new standard, 91, 95
competition and testing, 78–79, 85, 95
Grand Alliance of systems, 82–87
industry representation, 77, 90–91
structure, 78, 91
Federal Bar Association, 18
Federal Communications Commission
appellate work, 26, 42, 43, 72
bipartisanship, 48
and censorship, 38, 39, 55–56
chairmen, 76, 83, 84, 85, 87, 96
See also Burch, Dean; Wiley, Richard E.
commissioners, 29, 31–34, 35, 40, 57–58
female/minority appointees, 30, 33, 45
seven, 25–26
and competition, 27, 28, 37, 43–44, 46, 53–54
and deregulation, 38, 39, 46, 50, 54
exemptions to regulations, 52, 54
General Counsel, 22–23, 24–30, 47
and indecency issues, 41–42, 52–53, 54
Petition to Deny Day, 37
policymaking, 26–27, 28, 33, 35–37, 75
and presidential debates, 40, 47–49, 51–52, 76
programming suggestions, 38, 39
and technological revolution, 27–29, 33, 88–89
transmission standard revision (Federal Advisory Committee), 76–97
analog-to digital conversion, 91–94
Grand Alliance standard, 86, 87
Federal Trade Commission, 21–22, 24
Fielding, Fred, 69, 70–71
FIOS, 86
A-6
First Amendment, 55–56
Flaherty, Joseph A., 91
“fleeting expletive” policy, 53
Ford, Gerald, 35, 40, 48, 50, 51, 66
Friends of the Earth case, 26
Gannett newspapers, 74
Geller, Henry, 22, 23, 25, 40, 47–48
General Electric, 15
General Instruments, 79, 80, 81
General Motors, 98
Georgetown Law School, 18
GMAT (Graduate Management Admissions Test), 10, 15
Grassley, Chuck, 32
Graves, Robert, 82
Greene, Harold H., 65, 73
Gross, David, 73
Grow, Milton, 8, 9, 10, 15
GTE, 60, 74
Habicht, Henry, 61
hand-held devices, 89
Hart, Stevens & Rothschild, 11–12
Harvard Business School, 10, 11, 15–16
Harvard Law School, 8, 9
HDTV (high-definition television), 78–79, 83, 85, 88–97
capability for shift to multicasting, 86
transition day (2009), 95
ultra high definition, 88, 89, 94, 96–97
HD voice, 94–95
high-definition television. See HDTV
Hogan & Hartson, 59, 66
Hollywood, 55, 90
Hooks, Benjamin, 32, 33, 35, 45–46, 47, 50
Hooks, Frances, 31
Hundt, Reed, 85, 87
Illinois, 30–31, 33
See also Chicago
indecency issue, 41–42, 52–53, 54
and federal criminal statute, 41
“fleeting expletive” policy, 53
test case, 41–42
Infinity/CBS merger, 75
Intel, 86
Intelsat, 75
A-7
interconnection standards, 38
interlaced scanning, 83, 86, 91
international communications, 72, 73
Internet, 33, 53
switch to broadband, 93
Iowa, 32
Ivy League schools, 5, 6, 8
JAG Corps (Army Judge Advocate General’s Corps), 11, 12, 16–19, 62
Japan, broadcast transmission system, 76, 78–79, 80, 81, 89, 95
John Marshall Law School (Chicago), 20
Johnson, Elmer, 64–65, 98
Johnson, Nicholas, 32
Johnson, Philip, 67, 69
JP Morgan, 73, 75
jury selection, 18–19
Justice Department, U.S., 19, 56
Reagan transition team, 61–63
See also antitrust
Karmazin, Mel, 74–75
Kennedy, John F., 17
Kenosha Chiefs (amateur baseball team), 13
Kingsbury Commitment (1913), 45
Kirkland & Ellis, 50, 58, 59–66, 67–68, 69, 97–98
Latham & Watkins, 66
Law School Aptitude Test. See LSAT
Lazarus, Sy, 50
League of Women Voters, 51
Lear, Norman, 55–56
Lee, Rex, 32–33
Lightner, Lionel, 6, 7, 8
long distance phone service, 25, 45
Los Angeles, 60, 61
U.S. District Court, 55–56
LSAT (Law School Aptitude Test), 8, 9–10
Malone, John, 46
McBride, Andrew, 72
McCaw, Craig, 74
McClellan, John, 50–51
McGowan Bill, 43–44, 46
McGraw Edison, 1
MCI, 43–44
McLaren, Dick, 19, 22
A-8
media. See specific types
mergers, 73–75, 81
Midnight Blue (cable TV program), 52
Midwestern Bell. See Ameritech
Minow, Newton, 40, 47
Misener, Paul, 82
MIT, 79, 80, 83
mobile technology
early model, 28–29
high resolution, 88, 89
monopolies, 25, 27, 65
AT&T breakup, 44–45
Moore, James William, 13, 14
Morgan Lewis, 69
Motorola, 28–29, 60
movies, wide-screen cinematography, 90
Mr. Roberts Neighborhood, 38
multicasting, 85–86
Munger, Tolles & Olson, 56
Murdoch, Rupert, 77
MUSE system, 78–79, 81
NAACP, 50
National Association of Broadcasters, 38–39, 78, 96
NBC television, 54
Neustadt, Richard, 50
Newspaper Association of America, 60, 73, 75
newspapers
broadcast cross-ownership, 42–43, 53–54, 75
mergers, 74, 75
news programming, 39, 40, 97
presidential debates as, 51–52
New Trier High School (Winnetka, IL), 3, 4–7
academic excellence, 5, 7
influential teacher, 6, 7
varsity baseball team, 3, 5
NHK (Japanese company), 79
Nixon, Richard M., 20–22, 32, 66
FCC appointments, 29–30, 34–35, 57
1968 election campaign, 20–21
resignation, 35
Northwestern Law School, 8–9, 11–13, 19–20
FCC commissioner graduates, 40
Northwestern University, 6–8, 10
obscenity definition, 41
A-9
“open skies” program, 27, 60
Pacifica case, 42
PacTel, 73–74
Pastore, John, 47
Patrick, Dennis, 76, 77
Patton Boggs, 68, 70
Pearlman, Jerry, 81–82
Pennsylvania, 27
Pentagon
appellate division, 16–17
legal assistance, 17–18
Peoria, Illinois, 1, 2, 20
Percy, Charles, 30–31, 33
Philadelphia, 27
Phillips, 79, 85
Piper Marbury. See DLA Piper
Pittsburgh, 27
political campaigns, 39, 40–41, 54
equal time doctrine, 40, 51
presidential debates broadcasts, 40, 47–49, 51–52, 76
presidential election of 1968, 20–21, 29–30
presidential election of 1976, 40, 49, 51, 76
presidential election of 1980, 61
profanity definition, 41
progressive scanning, 83, 86, 91
public television, 85–86
Quello, James, 35, 83, 84
radio
format changes, 43
HD digital, 95
newspaper cross-ownership, 42–43, 53–54
satellite, 74–75
RCA, 79
Reagan, Ronald, 61–63, 69, 72
Regional Bell Operating Company. See Baby Bells
Reid, Charlotte, 32, 35, 57
Rein, Bert, 65, 66–67, 68, 72
Renfro, Charles, 61
Republican Party
election candidates, 39
FCC commissioners, 31, 32, 33, 35, 46, 48
Illinois, 30–31, 33
National Convention (Miami, 1968), 20–21
A-10
Young Lawyers Section, 20–21
Robinson, Glenn, 35, 57
Rumsfeld, Donald, 79
rural areas
telephone service, 45
television service, 27
St. Louis, 44
Sarnoff Laboratories, 79
satellite communication, 27, 37, 60
digital transmission, 86
mergers, 74–75
Secrest, Larry, 75–76
Senate, U.S., 30, 31, 32
Senkowski, R. Michael (“Mike”), 76
Shields, Peter, 71
Sidley Austin, 65
Sikes, Alfred C. (“Al”), 85, 96
Sirius/XM merger, 74–75
Skadden Arps, 59, 66, 69
Smith, William French, 61–63
Southwestern Bell, 45, 74
specialized common carriers (telephone), 27, 37, 44
sports
HDTV broadcasts, 88, 89, 90, 94, 96
See also baseball; tennis
Standard Oil, 68
Starr, Ken, 61
State Department, U.S., 73
stereoscopic 3D, 90
Stevens, John Paul, 10–11
Strauss, Barry, 68, 69, 71–72
Sturm, John, 75
Supreme Court, U.S., 72
indecency standards, 42, 53
newspaper/radio cross-ownership ruling, 43
Taylor, Arthur, 55
technological revolution, 27–29, 33, 37–38, 60, 63
and competition, 46
and transmission standards, 76–97
telecommunications
analog transition, 91–94
and competition, 37
digital transmission, 86–87
See also specific types
A-11
Telecommunications Act (1996), 37, 73
telegraph, 23, 25
telephone industry, 23, 60, 64–65, 74
antitrust suit, 44–45, 65
and competition, 25, 27, 28, 29, 33, 37–38, 43–46
digital transmission, 86
equipment, 37–38, 45
mobile devices, 28–29, 88, 89
monopoly, 25, 27, 44, 65
service revolution, 45
technology, 28–29, 37–38, 46, 94
television
analog transmission, 76, 79, 80, 81, 86, 91–94
CATV (community antenna), 27–28
children’s programming, 38, 57
digital model, 84–85, 86
extent of FCC regulation, 51–53
family viewing time, 54–56
high-definition. See HDTV
multicasting, 85–86
network antitrust suit, 55–56
newspaper cross-ownership, 42–43, 53–54
technology, 28, 78–89
VHF vs. UHF signal, 93
television sets, 77, 79, 86, 88
analog, 91–94
changing technology, 88–89
converter boxes, 92, 94
HDTV dimensions, 90
screen size, 88, 89
tennis, 12, 50, 62
Texas Instruments, 60, 63
3D transmission, 90
Time Warner/AOL merger, 74
Tisch, Laurence (“Larry”), 77
transmission standards, 76–97
adoption (1996), 91
audio quality, 85
engineer development, 90
Grand Alliance of systems, 82–87
international competition, 78–80
laboratory testing, 78, 80, 81, 85
modulation technique, 85
progressive vs. interlace scanning, 83, 86, 91
transition period, 91–94
Tribune Company bankruptcy, 73
A-12
Twentieth Century Fox, 60
UHF signal, 93
ultra high definition, 88, 89, 94, 96–97
United Citizens for Nixon/Agnew, 21
United States Court for the Armed Services, 16
University of Chicago Law School, 20
University of Colorado, 13–14
University of Michigan Law School, 8
University of Virginia, 11
University of Virginia Law School, 35, 57
U.S. Associate Attorney General, 62–63, 72
U.S. Attorney General, 61–63
U.S. Court of Appeals for the District of Columbia Circuit, 26, 42, 43
U.S. Court of Appeals for the Ninth Circuit, 56–57
U.S. District Court for the Central District of California, 55–56
U Verse, 86
Van Zandt, David, 12
Verizon, 74, 86
Verrill, Chuck, 68
VHF signal, 93
Viacom, 74
Vietnam War, 20
voir dire process, 18–19
Walker, Helgi, 72
Wallace, Jim, 67, 68
Wall Street Journal, 60
Warren, James (“Jim”), 98
Washburn, Abbott, 35
Washington, DC, 16–17, 21, 22, 23, 24
Kirkland & Ellis office, 59–60, 63, 67–68
law firm size, 70
sports teams, 4, 96
Wiley Rein practice, 67–96
Washington Lawyer, 76, 88
Washington Nationals, 96
Washington Redskins, 4
Washington University (St. Louis), 6
Watergate, 49
Weinberger, Caspar, 21–22
Wells, Bob, 29
Western Union, 25
Westinghouse, 74
WGN (broadcast station), 42
A-13
White House counsel, 69, 70–71
Wiley, Betty (wife), 21, 22, 23, 24
friendships, 31, 71
and husband’s private practice, 49, 50, 51, 59, 62
marriage, 19
Wiley, Gerald H. (brother), 2
Wiley, Jean (mother), 1, 2, 7
Wiley, Joseph H. (father), 1
belief in higher education, 2, 7
Republican politics, 20
Wiley, Joseph H., Jr. (brother), 2
Wiley, Richard E. — Personal
Arlington (VA) home, 66, 69
and baseball, 3–4, 5, 6–7, 8, 13, 14, 96
birthplace, 1
brothers, 2
and draft, 11, 16
energy and enthusiasm, 72
father, 1, 2, 7, 20
friendships, 5, 31, 50, 57, 71
Georgetown Law School master’s degree, 18
important influences, 6, 8, 9, 15, 21–22
JAG Corps, 11, 12, 16–19, 62
law school applications
Ivy League acceptances, 8, 10
LSAT performance, 8, 9–10
Northwestern scholarship, 8–9, 10
MBA plans, 10–11, 15–16
GMAT score, 10, 15
Harvard Business School acceptance, 10, 11, 15–16
mother, 1, 7
New Trier High School, 3, 4–6, 7
influential teacher, 6
varsity baseball, 3, 6
year graduated, 3
Northwestern Law School, 8–9, 11, 13–14, 40
alumni activity, 9
memorable experiences, 11–13
scholarship, 8
University of Colorado summer course, 13–14
Northwestern University, 6–8
academic achievements, 6, 7, 10
attendance at young age, 6, 7
baseball team, 6, 7
factors in choice, 6
major subjects, 10
A-14
sports interests, 3–4, 5, 6–7, 8
teaching career plan, 7, 8, 15
and tennis, 12, 50, 62
wife and children, 21, 22, 23, 24, 31
See also Wiley, Betty
Winnetka home town, 2–6, 9
Wiley, Richard E. — Professional
and antitrust law, 24
and appellate work, 16–18, 72
career turning point, 22
Chadwell, Keck, Kayser, Ruggles & McLaren (Chicago), 19, 20
partner, 21, 22, 49, 60–61
and communications law, 22–23, 24–26, 59, 60–61, 62, 63, 65, 71, 72–73
and complex transactions, 73–74
Emmy awards, 87, 97
Federal Communications Commission
Chairman, 34–58, 62, 64, 88–89
aides, 75–76
and Carter administration, 48–51, 65
cases, 41–43, 53
equal employment rules, 38–39
and First Amendment violation suit, 55–57
goals setting, 35–39
initiatives, 43–45
love for job, 49, 65, 71, 75
mistakes, 54–58
as Nixon appointee, 34–35
relationships with commissioners, 31–33, 57–58
resignation, 51, 59
speeches, 38
and technological revolution, 28, 95
Commissioner, 29–34
activism, 31–32
goals setting, 35–36
travel and speechmaking, 34
duration of service, 62
Federal Advisory Committee, 76–97
Grand Alliance transmission standard, 86, 87
General Counsel, 22–30, 32
activities, 25–27
duration of office, 22–27, 29
open door approach, 26
preparation for job, 24–25
unhappiness at leaving, 65
financial situation, 49, 60, 63–65, 66
and HDTV achievement, 88
A-15
JAG Pentagon division, 16–19, 62
appellate law, 16–18
legal assistance work, 17–18
Kirkland & Ellis, 50, 58, 59–68
clients, 60–61, 62
conflicts-of-interest problem, 63, 64–68, 69, 71, 73, 97–98
forced departure, 66–68, 97–98
managing partner, 59–60, 68
Washington, DC, office, 59–60, 63, 67–68
legal writing and research, 18–19
political instincts, 78
public service interest, 62, 76–78
and Reagan Justice Department transition, 61–63
and Republican politics, 20–21, 30, 48, 61–63
starting own firm, 66, 67, 97
See also Wiley Rein
teaching law, 15, 19–20
Wiley Rein, 67–96, 98
administrative staff, 68, 69, 71–72
appellate practice, 72
clients, 68–69
communications lawyers, 71–72
culture, 70
current size, 69, 70
expert team, 75–76
founding and offices, 67
goal and vision, 69–70
and large complex transactions, 73–74
management, 71
and mergers, 73–74
partners, 67, 69, 70–71, 76
as Wiley, Johnson & Rein, 67–68
as Wiley, Rein & Fielding, 69
Winnetka, Illinois, 2–6, 9
wireless communication, 28, 72, 74
Wirtz, Willard, 11, 12
World Series, 4
Wrigley field, 3
Xerox Corporation, 60, 63
Xerox Development Corporation, 60, 63
XM/Sirius merger, 74–75
Yale Law School, 8, 14
Young Lawyers Speak (ABA publication), 18, 19
Zenith, 79, 81–82, 85