Until 2004, Federal Communications Commission regulations required that incumbent local telephone companies must lease to competitors the entire platform of network elements necessary to provide local phone service. In December 2004, the FCC decided to phase out the unbundled network element...

In the authors' shared opinion, the economic evidence does not support the regulations proposed in the Commission's Notice of Proposed Rulemaking Regarding Preserving the Open Internet and Broadband Industry Practices (the “NPRM”). To the contrary, the economic evidence provides no support...