Showing archive for: “Telecom”
Contestability theory in the real world
Though concentration seems to be an increasingly popular metric for discussing antitrust policy (a backward move in my opinion, given the theoretical work by Harold Demsetz and others many years ago in this area), contestability is still the standard for evaluating antitrust issues from an economic standpoint. Contestability theory, most closely associated with William Baumol, ... Contestability theory in the real world
The Apple tax case: Plain vanilla competition policy?
Since Brussels has ordered Ireland to recover 13€ billion from Apple, much ink has been spilled on the European Commission’s (EC) alleged misuse of power and breach of the “rule of law.” In the Irish Times, Professor Liza Lovdahl-Gormsen wrote that the EC has been “bending” competition law to pursue a corporate taxation agenda in disguise. ... The Apple tax case: Plain vanilla competition policy?
Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
The Senate should not reconfirm Jessica Rosenworcel to the Federal Communications Commission (FCC), in order to allow the Trump Administration to usher in needed reforms in the critical area of communications policy. As documented by the Free State Foundation (FSF) and other supporters of free markets, the Obama Administration’s FCC has done a dismal job ... Reconfirming Jessica Rosenwercel as an FCC Commissioner Would Undermine Internet Freedom
The FTC, not the FCC, Should Regulate Internet Privacy
In an October 25 blog commentary posted at this site, Geoffrey Manne and Kristian Stout argued against a proposed Federal Communications Commission (FCC) ban on the use of mandatory arbitration clauses in internet service providers’ consumer service agreements. This proposed ban is just one among many unfortunate features in the latest misguided effort by the ... The FTC, not the FCC, Should Regulate Internet Privacy
An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
Over the weekend, Senator Al Franken and FCC Commissioner Mignon Clyburn issued an impassioned statement calling for the FCC to thwart the use of mandatory arbitration clauses in ISPs’ consumer service agreements — starting with a ban on mandatory arbitration of privacy claims in the Chairman’s proposed privacy rules. Unfortunately, their call to arms rests ... An FCC ban on arbitration of privacy claims would be the anti-consumer-protection approach
FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
Next week the FCC is slated to vote on the second iteration of Chairman Wheeler’s proposed broadband privacy rules. Of course, as has become all too common, none of us outside the Commission has actually seen the proposal. But earlier this month Chairman Wheeler released a Fact Sheet that suggests some of the ways it ... FCC Chairman Wheeler’s claimed fealty to FTC privacy standards is belied by the rules he actually proposes
The FTC’s PAE Study Recommendations: Case Not Proven
On October 6, 2016, the U.S. Federal Trade Commission (FTC) issued Patent Assertion Entity Activity: An FTC Study (PAE Study), its much-anticipated report on patent assertion entity (PAE) activity. The PAE Study defined PAEs as follows: Patent assertion entities (PAEs) are businesses that acquire patents from third parties and seek to generate revenue by asserting ... The FTC’s PAE Study Recommendations: Case Not Proven
FCC Disregard of the Rule of Law Requires Legislative Reform
On October 6, the Heritage Foundation released a legal memorandum (authored by me) that recounts the Federal Communications Commission’s (FCC) recent sad history of ignoring the rule of law in its enforcement and regulatory actions. The memorandum calls for a legislative reform agenda to rectify this problem by reining in the agency. Key points culled ... FCC Disregard of the Rule of Law Requires Legislative Reform
A Set-top Box Set-Back and an Opportunity for Good Government
There must have been a great gnashing of teeth in Chairman Wheeler’s office this morning as the FCC announced that it was pulling the Chairman’s latest modifications to the set-top box proposal from its voting agenda. This is surely but a bump in the road for the Chairman; he will undoubtedly press ever onward in ... A Set-top Box Set-Back and an Opportunity for Good Government
MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care
The FCC’s blind, headlong drive to “unlock” the set-top box market is disconnected from both legal and market realities. Legally speaking, and as we’ve noted on this blog many times over the past few months (see here, here and here), the set-top box proposal is nothing short of an assault on contracts, property rights, and ... MVPDs “Unlock” the Box (again), but the FCC Doesn’t Seem to Care
Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
Section 5(a)(2) of the Federal Trade Commission (FTC) Act authorizes the FTC to “prevent persons, partnerships, or corporations, except . . . common carriers subject to the Acts to regulate commerce . . . from using unfair methods of competition in or affecting commerce and unfair or deceptive acts or practices in or affecting commerce.” ... Time to Repeal the FTC’s Common Carrier Jurisdictional Exemption (Among Other Things)?
A Flag On the Play: Gigi Sohn Commits a Copyright Foul
As Commissioner Wheeler moves forward with his revised set-top box proposal, and on the eve of tomorrow’s senate FCC oversight hearing, we would do well to reflect on some insightful testimony regarding another of the Commission’s rulemakings from ten years ago: We are living in a digital gold age and consumers… are the beneficiaries. Consumers ... A Flag On the Play: Gigi Sohn Commits a Copyright Foul
