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...

This Article presents a legal and economic framework for analyzing municipal broadband. Economics predicts, and the evidence confirms, that municipal broadband is in almost all scenarios subsidized entry, covering capital costs and losses with tax dollars and other internal transfers....

For the past twenty-five years, the U.S. Government has increasingly looked to antitrust—rather than regulation—to protect consumers in the Internet Ecosystem. There is a growing school of thought that an antitrust-only approach has failed and is ill-suited for the Internet Ecosystem. Reform...

This Bulletin presents a brief primer of the FCC's merger review authority under the Communications Act. As outlined herein, precedent dictates that the FCC has independent (and indeed broader) authority to review communications industry mergers separate from the authority bestowed upon the...

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...

This article examines the Program Access provisions contained in the Cable Television Consumer Protection and Competition Act of 1992 ("1992 Act"), which sought to promote entry into local distribution markets through interim limits on strategic vertical restraints between vertically integrated...

Nearly forty-five years ago, Justice Felix Frankfurter warned that the term "competition" may not be viewed in an "abstract, sterile way." This Paper submits that during the Clinton/Gore Administration, both antitrust enforcement and major public policy regulatory initiatives have ignored...

With the creation and implementation of the February 1997 World Trade Organization Agreement on Basic Telecommunications Services (the February Accord or WTO Agreement), the international telecommunications community has (at least on paper) promised ostensibly to move away from markets...

In July 2003, the Phoenix Center released POLICY BULLETIN NO. 5, Competition and Bell Company Investment in Telecommunications Plant: The Effects of UNE-P (July 2003) that evaluated, using a simple economic and econometric model, the short-run relationship between UNE-P and Bell Company...

In October 2003, the Phoenix Center released its POLICY BULLETIN NO. 7 entitled The Positive Effects of Competition on Employment in the Telecommunications Industry. This Bulletin included an analysis of employment trends in the telecommunications industry before and after the 1996...