Countries around the world are increasingly concerned as to whether the adoption of broadband technology by their respective citizens is sufficient to support economic growth and social development. Unfortunately, such concerns are often expressed in terms of where a country ranks among its...

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety...

The Federal Communications Commission (FCC) is required by the 1992 Cable Act to produce an "Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming," otherwise known as the "Annual Video Competition Report." These annual reports are eagerly awaited not...

The current dispute between the NFL Network and cable operators over carriage arrangements is a sign the market is working rather than failing. Proposed state legislation mandating arbitration for these disputes negates the programming distributor's ability to negotiate price, terms and...

Recently, the Bush Administration decided not to seek Supreme Court review of USTA v. FCC (USTA II), where the D.C. Circuit eviscerated the Federal Communications Commission's unbundling rules promulgated pursuant to the Telecommunications Act of 1996. According to the Bush Administration, we...

This essay argues that the core purpose of the Telecommunications Act of 1996 was never fundamentally about the deregulation of incumbents or to encourage incumbent investments per se (although certainly an intended eventual consequence) but, as the Supreme Court observed, to "reorganize markets...

This POLICY BULLETIN examines the potential impact of the proposed Cingular/AT&T Wireless merger on both (a) the performance in the national wireless industry; and (b) the potential for wireless "intermodal" competition with fixed line service. After performing both an event study and merger...

In this paper we will examine the issue of ownership unbundling and forced divestiture remedies imposed in a series of recent competition law cases of the energy market - examined in other papers - in relation to the possible existence of a series of legal obstacles. These energy market...

In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety...

This paper aims at highlighting the Commission's approach towards the relation between sector specific regulation and general competition law, especially concerning energy markets and the road to Internal Market objective.We firstly present Trinko case, in order to focus on two crucial and...