The Archives

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

Showing archive for:  “Telecom”

Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)

It is a truth universally acknowledged that unwanted telephone calls are among the most reviled annoyances known to man. But this does not mean that laws intended to prohibit these calls are themselves necessarily good. Indeed, in one sense we know intuitively that they are not good. These laws have proven wholly ineffective at curtailing ... Telemarketing, Technology, and Why the Telephone Sucks (and how to fix it)

Reflections on the recent filings in Qualcomm/FTC dispute

On Monday, the U.S. Federal Trade Commission and Qualcomm reportedly requested a 30 day delay to a preliminary ruling in their ongoing dispute over the terms of Qualcomm’s licensing agreements–indicating that they may seek a settlement. The dispute raises important issues regarding the scope of so-called FRAND (“fair reasonable and non-discriminatory”) commitments in the context ... Reflections on the recent filings in Qualcomm/FTC dispute

Putting Politics over Policy at the FCC

FCC Commissioner Rosenworcel penned an article this week on the doublespeak coming out of the current administration with respect to trade and telecom policy. On one hand, she argues, the administration has proclaimed 5G to be an essential part of our future commercial and defense interests. But, she tells us, the administration has, on the ... Putting Politics over Policy at the FCC

Why the Commission’s Google Android decision harms competition and stifles innovation

Our story begins on the morning of January 9, 2007. Few people knew it at the time, but the world of wireless communications was about to change forever. Steve Jobs walked on stage wearing his usual turtleneck, and proceeded to reveal the iPhone. The rest, as they say, is history. The iPhone moved the wireless ... Why the Commission’s Google Android decision harms competition and stifles innovation

Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

Ours is not an age of nuance.  It’s an age of tribalism, of teams—“Yer either fer us or agin’ us!”  Perhaps I should have been less surprised, then, when I read the unfavorable review of my book How to Regulate in, of all places, the Federalist Society Review. I had expected some positive feedback from ... Correcting the Federalist Society Review’s Mischaracterization of How to Regulate

More on a possible Comcast/Fox deal: Reports of the death of vertical mergers have been greatly exaggerated

A few weeks ago I posted a preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets. (Also available in pdf as an ICLE Issue brief, here). On the eve of Judge Leon’s decision in the AT&T/Time Warner merger case, it seems worthwhile to supplement that assessment by ... More on a possible Comcast/Fox deal: Reports of the death of vertical mergers have been greatly exaggerated

Canadian Site Blocking Proposal Is a Good Experiment in Controlling Piracy

In an ideal world, it would not be necessary to block websites in order to combat piracy. But we do not live in an ideal world. We live in a world in which enormous amounts of content—from books and software to movies and music—is being distributed illegally. As a result, content creators and owners are ... Canadian Site Blocking Proposal Is a Good Experiment in Controlling Piracy

Chevron and the Politicization of Law (or, Chevron Step Three)

A recent exchange between Chris Walker and Philip Hamburger about Walker’s ongoing empirical work on the Chevron doctrine (the idea that judges must defer to reasonable agency interpretations of ambiguous statutes) gives me a long-sought opportunity to discuss what I view as the greatest practical problem with the Chevron doctrine: it increases both politicization and polarization of ... Chevron and the Politicization of Law (or, Chevron Step Three)

A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

As has been rumored in the press for a few weeks, today Comcast announced it is considering making a renewed bid for a large chunk of Twenty-First Century Fox’s (Fox) assets. Fox is in the process of a significant reorganization, entailing primarily the sale of its international and non-television assets. Fox itself will continue, but ... A preliminary assessment of the relative antitrust risk of a Comcast vs Disney purchase of 21st Century Fox assets

The net neutrality CRA may be the most tedious piece of political theater ever

At this point, only the most masochistic and cynical among DC’s policy elite actually desire for the net neutrality conflict to continue. And yet, despite claims that net neutrality principles are critical to protecting consumers, passage of the current Congressional Review Act (“CRA”) disapproval resolution in Congress would undermine consumer protection and promise only to ... The net neutrality CRA may be the most tedious piece of political theater ever

Closing the Rural Digital Divide Requires Understanding the Rural Digital Divide

I had the pleasure last month of hosting the first of a new annual roundtable discussion series on closing the rural digital divide through the University of Nebraska’s Space, Cyber, and Telecom Law Program. The purpose of the roundtable was to convene a diverse group of stakeholders — from farmers to federal regulators; from small ... Closing the Rural Digital Divide Requires Understanding the Rural Digital Divide

Net Neutrality Paranoia

The paranoid style is endemic across the political spectrum, for sure, but lately, in the policy realm haunted by the shambling zombie known as “net neutrality,” the pro-Title II set are taking the rhetoric up a notch. This time the problem is, apparently, that the FCC is not repealing Title II classification fast enough, which ... Net Neutrality Paranoia