Bell Canada’s Proposed Acquisition of Ziply: Regulators May Be the Least of Their Worries
Bell Canada, Canada’s largest communications company, recently announced plans to acquire Ziply Fiber, a fiber-internet provider in the Pacific Northwest. The C$7 billion deal represents Bell’s strategic play to expand its fiber footprint into the United States and to capitalize on growth opportunities in what it sees as an underserved U.S. fiber market. The proposed ... Bell Canada’s Proposed Acquisition of Ziply: Regulators May Be the Least of Their Worries
The FCC’s Quixotic Quest to Regulate Broadband Data Caps
Internet use has soared since the COVID-19 pandemic. Between 2019 and 2022, average monthly data usage increased from 344 GB to 586 GB per month—a 70% increase. In 2019, only 16% of subscribers were on speed tiers of greater than 200 Mbps. By 2023, 74% had such speeds, and a third of subscribers had speeds ... The FCC’s Quixotic Quest to Regulate Broadband Data Caps
Why Technological Neutrality Is Key to BEAD’s Success
Congress intended the Infrastructure Investment and Jobs Act’s (IIJA) ambitious $42.5 billion Broadband Equity, Access, and Deployment (BEAD) program to bridge America’s digital divide by subsidizing infrastructure buildout to areas that are either unserved or underserved by broadband internet. With projects administered by the 50 states, five insular territories, and the District of Columbia, the ... Why Technological Neutrality Is Key to BEAD’s Success
ICLE and CEI Submit Amicus Brief Arguing the FCC’s Net Neutrality Order Is Unlawful
If you’ve been keeping up with the machinations of the Federal Communications Commission’s (FCC) latest attempt to regulate broadband under Title II of the Communications Act, you know that providers are challenging the rules in the 6th U.S. Circuit Court of Appeals. The court has put that case on the fast track. Earlier this week, ... ICLE and CEI Submit Amicus Brief Arguing the FCC’s Net Neutrality Order Is Unlawful
The $14 Billion Fumble
Even in the era of a Federal Trade Commission (FTC) led by Lina Khan, antitrust law can be a pretty hum-drum affair, consumed with minutiae about relevant markets, market shares, the Herfindahl-Hirschman Index (HHI), unilateral effects, coordinated effects, and possible efficiencies. Things get just a bit more interesting when there are allegations of a conspiracy ... The $14 Billion Fumble
Life Moves Pretty Fast for the FCC in a Post-Loper World
Ferris Bueller famously said: “Life moves pretty fast. If you don’t stop and look around once in a while, you could miss it.” The same could be said for the Federal Communications Commission’s (FCC) latest effort to regulate broadband providers under Title II of the Communications Act, under what is commonly referred to as “net ... Life Moves Pretty Fast for the FCC in a Post-Loper World
Will the Courts Allow the FCC to Execute One More Title II Flip Flop?
The U.S. Supreme Court’s recent decision in Loper Bright v. Raimondo may have added a new wrinkle to the decades-long fight over whether broadband internet-access services should be classified as “telecommunications services” under Title II of the Communications Act. The Federal Communications Commission (FCC) has flip-flopped multiple times over the years on this hotly debated ... Will the Courts Allow the FCC to Execute One More Title II Flip Flop?
How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule
The recently completed U.S. Supreme Court session appears to have upended the administrative state in some pretty fundamental ways. While Loper Bright’s overruling of Chevron attracted the most headlines and hand-wringing, Jarkesy will have far-reaching effects across both the executive and judicial branches. Even seemingly “small” matters such as Ohio v. EPA and Corner Post ... How This Supreme Court Term Might Affect the FCC’s Digital-Discrimination Rule
FCC’s Digital-Discrimination Rules: Bridging the Divide or a Bridge Too Far?
The Federal Communications Commission’s (FCC) recently enacted rules to prevent so-called “digital discrimination” in broadband access are facing a significant legal challenge in the 8th U.S. Circuit Court of Appeals. Earlier this week, the U.S. Justice Department and the FCC submitted their brief on the matter. Now that the parties have made their “opening arguments” ... FCC’s Digital-Discrimination Rules: Bridging the Divide or a Bridge Too Far?
Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
The U.S. Justice Department (DOJ) announced yesterday that it has filed suit, along with 29 states and the District of Columbia, charging Live Nation Entertainment Inc. and its subsidiary Ticketmaster LLC with monopolizing the live-events industry in violation of Section 2 of the Sherman Act. The suit, filed in the U.S. District Court for the ... Live Nation Breakup: Are Mergers Really to Blame for Ticketmaster’s Problems?
ICLE/ITIF Amicus Brief Urges Court to Set Aside FCC’s Digital-Discrimination Rules
The Federal Communications Commission (FCC) recently adopted sweeping new rules designed to prevent so-called “digital discrimination” in the deployment, access, and adoption of broadband internet services. But an amicus brief filed by the International Center for Law & Economics (ICLE) and the Information Technology & Innovation Foundation (ITIF) with the 8th U.S. Circuit Court of ... ICLE/ITIF Amicus Brief Urges Court to Set Aside FCC’s Digital-Discrimination Rules
Clearing the Telecom Logjam: A Modest Proposal
In this “Age of the Administrative State,” federal agencies have incredible latitude to impose policies without much direction or input from Congress. President Barack Obama fully pulled off the mask in 2014, when he announced “[w]e are not just going to be waiting for legislation,” declaring “I’ve got a pen, and I’ve got a phone.” ... Clearing the Telecom Logjam: A Modest Proposal
