The often contentious network neutrality debate typically cleaves along an absolute for or against dichotomy based largely on one’s philosophy about the Internet’s past and future direction, the ability of marketplace forces to promote self-regulation, and the degree of confidence in...

When Internet Service Providers ("ISPs") serve as neutral conduits they qualify for a safe harbor exemption from liability for carrying copyright infringing traffic provided by Section 512 of the Digital Millennium Copyright Act. However ISPs now want to operate non-neutral networks capable of...

The technologies that deliver content to consumers have begun to converge into a single Internet-driven conduit. Such convergence supports a consolidation of previously stand alone markets as evidenced by the ability of ventures to offer a “triple-play” bundle of Internet-delivered video,...

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously...

This paper will examine whether and how the FCC can support a campaign to deregulate or treat as outside its jurisdiction many next generation network services while at the same time imposing financially burdensome requirements and regulatory duties on some ventures that fit within the...

Receiving authority to dismantle the wireline public switched telephone network (“PSTN”) will deliver a mixture of financial benefits and costs to incumbent carriers. Even if these carriers continue to provide basic telephone services via wireless facilities or the Internet, they will...

Airport resources and radio spectrum have much in common. While candidates for privatization, they both typically are treated as public resources and not the property of specific users. Part of the reason government agencies typically manage airport take off and landing slots as well as spectrum...

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...

This paper assesses whether and how ISPs can offer service enhancements for particular types of traffic and customers without harming competition among content creators and distributors. The paper will use the recent paid peering agreement between Netflix and Comcast as a case study. The paper...