The Archives

The collection of all scholarly commentary on law, economics, and more

Showing archive for:  “Broadband”

Section 214: Title II’s Trojan Horse

The Federal Communications Commission (FCC) has proposed classifying broadband internet-access service as a common carrier “telecommunications service” under Title II of the Communications Act. One major consequence of this reclassification would be subjecting broadband providers to Section 214 regulations that govern the provision, acquisition, and discontinuation of communication “lines.” In the Trojan War, the Greeks ... Section 214: Title II’s Trojan Horse

FCC’s Digital-Discrimination Rules: An Open Invitation to Flood the Field with Schlock

A half-dozen lawsuits have been filed to date challenging the digital-discrimination rules recently approved by the Federal Communications Commission (FCC). These cases were consolidated earlier this month and will now be heard by the 8th U.S. Circuit Court of Appeals. This has the hallmarks of a significant case that will almost certainly involve the U.S. ... FCC’s Digital-Discrimination Rules: An Open Invitation to Flood the Field with Schlock

The Curious Case of the Missing Data Caps Investigation

In an announcement that was treated to mild fanfare (meaning it was reported by certain tech blogs, but largely ignored elsewhere), Federal Communications Commission (FCC) Chair Jessica Rosenworcel asked her fellow commissioners in June 2023 to support a formal notice of inquiry (NOI) to learn more about how broadband providers use data caps on consumer ... The Curious Case of the Missing Data Caps Investigation

Slouching Toward Disconnection and the End of the ACP

It’s our first post of the New Year, and we’re having a hard time feeling the Hootenanny vibes. Rather than Congress taking a “new year, new you” approach to telecom policy, it seems that D.C. is starting the year with the “same old, same old” of brinkmanship. This time, with broadband subsidies. The Affordable Connectivity ... Slouching Toward Disconnection and the End of the ACP

Has the Biden Administration Taken Over Broadband?

Betteridge’s Law of Headlines states: “Any headline that ends in a question mark can be answered by the word no.” But, apparently, folks in the nation’s capital found a way around Betteridge’s Law.  This week, a U.S. House subcommittee hearing featured testimony from all five members of the Federal Communications Commission (FCC). The majority on ... Has the Biden Administration Taken Over Broadband?

Indiana Jones and the Allocation of Spectrum

Hootenannies are mostly peaceful affairs, so it’s a bit awkward to invoke a violent metaphor here.  In “Raiders of the Lost Ark,” Indiana Jones runs down a Cairo sidestreet only to be confronted by a swordsman. The swordsman makes a big show of tossing his weapon from hand-to-hand and swirling it around. But Indy has ... Indiana Jones and the Allocation of Spectrum

An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

It happens at just about every hootenanny. There’s always at least one song that clears the dance floor. Some tunes, people just won’t dance to. But with a little remixing and a better tempo, even a dirge can be danceable. For years, the Federal Communications Commission (FCC) has refused to dance to the tune of ... An Inconvenient Truth: Net Neutrality Depresses Broadband Investment

Net Neutrality and Broken Records

I don’t mean to sound like a broken record, but why is the Federal Communications Commission (FCC) playing a broken record? I’ve been writing a fair bit about Federal Trade Commission (FTC) rulemaking initiatives. On the theory that you deserve a nominal break from all of that, this post is mostly about the FCC. On ... Net Neutrality and Broken Records

Gotta Go Fast: Sonic the Hedgehog Meets the FCC

Federal Communications Commission (FCC) Chair Jessica Rosenworcel this week announced a notice of inquiry (NOI) seeking input on a proposal to raise the minimum connection-speed benchmarks that the commission uses to define “broadband.” The current benchmark speed is 25/3 Mbps. The chair’s proposal would raise the benchmark to 100/20 Mbps, with a goal of having ... Gotta Go Fast: Sonic the Hedgehog Meets the FCC

Everyone Discriminates Under the FCC’s Proposed New Rules

The Federal Communications Commission’s (FCC) proposed digital-discrimination rules hit the streets earlier this month and, as we say at Hootenanny Central, they’re a real humdinger.  It looks like the National Telecommunications and Information Agency (NTIA) got most of their wishlist incorporated into the proposed rules. We’ve got disparate impact and a wide-open door for future ... Everyone Discriminates Under the FCC’s Proposed New Rules

All Aboard! The Title II Express Is Leaving the Station

At lunch last week, I handed out the first of my new business cards with the title “Director, Hootenanny Division.” My lunchmate looked down and said, “Sounds fun, what do you do?”  Then, I had to explain that part of the job involves watching open meetings of the Federal Communications Commission (FCC) and reporting on ... All Aboard! The Title II Express Is Leaving the Station

NTIA Tries to Call the Tune on Digital Discrimination

We’ve all been there. You’re enjoying a hootenanny, and someone tries to change the tune. Kind of like yelling “Free Bird” at a Taylor Swift concert or asking a wedding DJ to play the chicken dance. Well, the National Telecommunications and Information Administration (NTIA) has jumped into the digital-discrimination hootenanny and put in some requests. ... NTIA Tries to Call the Tune on Digital Discrimination