The Archives

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

Showing archive for:  “FCC”

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

FTC Biweekly UMC Roundup – Reform Dies in Committee Edition

Welcome back to the FTC UMC Roundup! The Senate is back in session and bills are dying. FTC is holding hearings and faith in the agency is dying. The more things change the more they stay the same. Which is a fancy way of saying that despite all the talk of change, little change seems ... FTC Biweekly UMC Roundup – Reform Dies in Committee Edition

NetChoice, Net Neutrality, and the Future of the First Amendment Online

In an expected decision (but with a somewhat unexpected coalition), the U.S. Supreme Court has moved 5 to 4 to vacate an order issued early last month by the 5th U.S. Circuit Court of Appeals, which stayed an earlier December 2021 order from the U.S. District Court for the Western District of Texas enjoining Texas’ ... NetChoice, Net Neutrality, and the Future of the First Amendment Online

To Close the Digital Divide, Broadband Infrastructure Funds Must Be Spent Efficiently

States seeking broadband-deployment grants under the federal Broadband Equity, Access, and Deployment (BEAD) program created by last year’s infrastructure bill now have some guidance as to what will be required of them, with the National Telecommunications and Information Administration (NTIA) issuing details last week in a new notice of funding opportunity (NOFO). All things considered, ... To Close the Digital Divide, Broadband Infrastructure Funds Must Be Spent Efficiently

Chevron and Administrative Antitrust, Redux

[Wrapping up the first week of our FTC UMC Rulemaking symposium is a post from Truth on the Market’s own Justin (Gus) Hurwitz, director of law & economics programs at the International Center for Law & Economics and an assistant professor of law and co-director of the Space, Cyber, and Telecom Law program at the ... Chevron and Administrative Antitrust, Redux

A Change in Direction for the Federal Trade Commission?

While antitrust and regulation are supposed to be different sides of the same coin, there has always been a healthy debate over which enforcement paradigm is the most efficient. For those who have long suffered under the zealous hand of ex ante regulation, they would gladly prefer to be overseen by the more dispassionate and ... A Change in Direction for the Federal Trade Commission?

A First Glance at the Biden Executive Order on Competition: The Good and the Bad (Including Much that Looks Ugly)

The Biden Administration’s July 9 Executive Order on Promoting Competition in the American Economy is very much a mixed bag—some positive aspects, but many negative ones. It will have some positive effects on economic welfare, to the extent it succeeds in lifting artificial barriers to competition that harm consumers and workers—such as allowing direct sales ... A First Glance at the Biden Executive Order on Competition: The Good and the Bad (Including Much that Looks Ugly)

What Lina Khan’s appointment means for the House antitrust bills

Her appointment also comes as House Democrats are preparing to mark up five bills designed to regulate Big Tech and, in the process, vastly expand the FTC’s powers. This expansion may combine with Khan’s appointment in ways that lawmakers considering the bills have not yet considered. This is a critical time for the FTC. It ... What Lina Khan’s appointment means for the House antitrust bills

Ajit Pai and Risk-Taking at the FCC

It would be impossible to describe Ajit Pai’s tenure as chair of the Federal Communications Commission as ordinary. Whether or not you thought his regulatory style or his policies were innovative, his relationship with the public has been singular for an FCC chair. His Reese’s mug, alone, has occupied more space in the American media ... Ajit Pai and Risk-Taking at the FCC

Chairman Pai’s FCC Followed a Sound Process in Approving L-Band Wireless Services

During Chairman Ajit Pai’s tenure, the Federal Communications Commission adopted key reforms that improved the agency’s processes. No less important than process reform is process integrity. The commission’s L-Band Order and the process that produced it will be the focus here. In that proceeding, Chairman Pai led a careful and deliberative process that resulted in ... Chairman Pai’s FCC Followed a Sound Process in Approving L-Band Wireless Services

How Chairman Pai Restored the FCC’s Independence

Chairman Ajit Pai will be remembered as one of the most consequential Federal Communications Commission chairmen in history. His policy accomplishments are numerous, including the repeal of Title II regulation of the internet, rural broadband development, increased spectrum for 5G, decreasing waste in universal service funding, and better controlling robocalls. Less will be said about ... How Chairman Pai Restored the FCC’s Independence

Why Restoring Internet Freedom Was a Landmark Accomplishment

I am pleased to participate in this retrospective symposium regarding Ajit Pai’s tenure as Federal Communications Commission chairman. I have been closely involved in communications law and policy for nearly 45 years, and, as I’ve said several times since Chairman Pai announced his departure, he will leave as one of the most consequential leaders in ... Why Restoring Internet Freedom Was a Landmark Accomplishment