Many advocates for less intrusive government oversight of telecommunications support the migration from regulation by an expert agency to the use of judicial remedies largely guided by antitrust/competition policy principles. They believe that reviewing courts can resolve disputes after they...

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...