The Archives

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

Showing archive for:  “Telecom”

Two FCC Commissioners Walk Into a Bar

Former FCC Commissioners Have Some Thoughts Writing with Kirk Arner in RealClearMarkets, Harold Furchtgott-Roth—formerly of the Federal Communications Commission (FCC)—comments on the Spectrum Auction Reauthorization Act, recently passed out of the House Energy and Commerce Committee. Arner and Furchtgott-Roth note that reauthorizing spectrum auctions is a “good and necessary idea,” but take issue with the “$23 billion Ponzi ... Two FCC Commissioners Walk Into a Bar

Dynamic Competition Proves There Is No Captive Audience: 10 Years, 10G, and YouTube TV

In Susan Crawford’s 2013 book “Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age,” the Harvard Law School professor argued that the U.S. telecommunications industry had become dominated by a few powerful companies, leading to limited competition and negative consequences for consumers, especially for broadband internet. Crawford’s ire was focused particularly ... Dynamic Competition Proves There Is No Captive Audience: 10 Years, 10G, and YouTube TV

There’s Nothing ‘Fair’ About EU Telecoms’ Proposed ‘Fair Share’ Plan

The European Commission’s recently concluded consultation on “the future of the electronic communications sector and its infrastructure” was a curious phenomenon in which the commission revived the seemingly dead-and-buried idea of a legally mandated “sender pays” network-traffic scheme, despite the fact that it remains as unpopular and discredited as it was when last discussed roughly ... There’s Nothing ‘Fair’ About EU Telecoms’ Proposed ‘Fair Share’ Plan

To Infinity and Beyond: The New Broadband Map Has Landed!

Announced with the sort of breathless press release one might expect for the launch of a new product like Waystar Royco’s Living+, the Federal Communications Commission (FCC) has gone into full-blown spin mode over its latest broadband map. This is, to be clear, the map that the National Telecommunications and Information Administration (NTIA) will use ... To Infinity and Beyond: The New Broadband Map Has Landed!

No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

What should a competition law for 21st century look like? This point is debated across many jurisdictions. The Digital Markets, Competition, and Consumers Bill (DMCC) would change UK competition law’s approach to large platforms. The bill’s core point is to place the UK Competition and Markets Authority’s (CMA) Digital Markets Unit (DMU) on a statutory footing with ... No More Kings? Due Process and Regulation Without Representation Under the UK Competition Bill

Whatcha Gonna Do When the Well Runs Dry?

As the U.S. House Energy and Commerce Subcommittee on Oversight and Investigations convenes this morning for a hearing on overseeing federal funds for broadband deployment, it bears mention that one of the largest U.S. broadband-subsidy programs is actually likely run out of money within the next year. Writing in Forbes, Roslyn Layton observes of the Affordable Connectivity Program ... Whatcha Gonna Do When the Well Runs Dry?

What Transmission Markets Can Learn from the FCC’s Pole-Attachment Problem

Large portions of the country are expected to face a growing threat of widespread electricity blackouts in the coming years. For example, the Western Electricity Coordinating Council—the regional entity charged with overseeing the Western Interconnection grid that covers most of the Western United States and Canada—estimates that the subregion consisting of Colorado, Utah, Nevada, and ... What Transmission Markets Can Learn from the FCC’s Pole-Attachment Problem

FCC Auctions and the Benefits of Unlicensed Spectrum

What should a government do when it owns geese that lay golden eggs? Should it sell the geese to fund government programs? Or should it let them run wild so everyone can have a chance at a golden egg?  That’s the question facing Congress as it considers re-authorizing the Federal Communications Commission’s (FCC’s) authority to ... FCC Auctions and the Benefits of Unlicensed Spectrum

A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written

Just over a decade ago, in a speech at the spring meeting of the American Bar Association’s Antitrust Law Section, then-recently appointed Commissioner Joshua Wright of the Federal Trade Commission (FTC) announced his hope that the FTC would adopt a policy statement on the use of its unfair methods of competition (UMC) authority: [The Commission] ... A Policy Statement Is Still Only Worth the Electrons Upon Which It Is Written

Commerce Committee Fails to Correct Major Deficiencies in House Privacy Bill

Having earlier passed through subcommittee, the American Data Privacy and Protection Act (ADPPA) has now been cleared for floor consideration by the U.S. House Energy and Commerce Committee. Before the markup, we noted that the ADPPA mimics some of the worst flaws found in the European Union’s General Data Protection Regulation (GDPR), while creating new ... Commerce Committee Fails to Correct Major Deficiencies in House Privacy Bill

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