This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not...

What Internet Service Providers (quot;ISPsquot;) can and cannot do to diversify services lies at the core of the debate over network neutrality. In prior generations ISPs had little incentive or technological capability to deviate from plain vanilla best efforts routing for content providers and...

Recent double digit billion dollar mergers of telecommunications firms consolidate both market share and market leadership by incumbent operators such as Verizon. These companies seek to exploit technological and market convergence by offering a triple play package of wired and wireless...

This paper considers what limited roles the FCC may lawfully assume to ensure timely and fair interconnection and compensation agreements in the Internet ecosystem. The paper examines the FCC’s limited role in broadcaster-cable television retransmission consent negotiations with an eye toward...

This paper assesses whether and how ISPs can offer service enhancements for particular types of traffic and customers without harming competition among content creators and distributors. The paper will use the recent paid peering agreement between Netflix and Comcast as a case study. The paper...

A sizable gap exists between the vision of what telecommunications and information processing networks can provide and what they currently deliver. Some people already have accrued benefits from a wired community and many embrace much touted concepts of "personal empowerment" and "frictionless...

This paper examines the dramatic changes in interconnection and compensation agreements between content providers and carriers resulting from increasing use of the Internet for bandwidth intensive carriage of video. It identifies two emerging models: 1) interconnection and compensation...