This law review examines in detail an emerging gap for evaluating anticompetitive concerns of utility consolidations between the Federal Energy Regulatory Commission under the Federal Power Act and the Securities and Exchange Commission under the Public Utilities Holding Company Act. First, this...

The purpose of patent policy is to balance the incentive to invent against the ability of the economy to utilize and incorporate new inventions and innovations. Substandard patents that upset this balance impose deadweight losses and other costs on the economy. In this Policy Paper, we examine...

Under Section 629 of the Communications Act, Congress directed the FCC to adopt regulations to promote a retail market for set-top boxes. The Commission's first attempt was the ill-fated CableCard experiment, which - by the Commission's own admission - was a dismal failure. In response, the...

In this paper, we disprove claims by proponents of increased Internet regulation that Broadband Service Providers (“BSPs”) - such as AT&T, Verizon, Sprint-Nextel, Qwest, Comcast, and Time Warner Cable - make “record profits,” “substantial profits,” and “soaring profits.” By...

One important concern for the upcoming and highly-complex voluntary incentive auctions for broadcast television spectrum is the degree to which the largest mobile wireless providers will be allowed to participate. Recently, the U.S. Department of Justice encouraged the Federal Communications...

Market definition is an essential ingredient to competitive and regulatory analysis. Yet, there is significant disparity regarding the definition of the relevant geographic market for high-capacity circuits, commonly referred to as Special Access services. Given the present debate over expanding...

In the recent case of Mozilla v. FCC, the D.C. Circuit evaluated the legal legitimacy of the Federal Communications Commission's 2018 Restoring Internet Freedom Order (“RIFO”). The question at bar was the agency's decision to reverse the imposition of Title II common carrier regulation on...

In this Paper, we assess the performance and efficiency of OECD countries with respect to broadband Internet subscription. Using the econometric technique of Stochastic Frontier Analysis, we estimate scores indicating the efficiency with which a country converts its economic and demographic...

The extent to which broadband Internet service providers can engage in reasonable traffic management when faced with potentially congestion-causing applications like BitTorrent or other file-sharing applications is currently the subject of heated debate. This Paper provides a formal economic...