The Federal Communications Commission appears to be conducting a far-ranging data gathering effort concerning cable prices and analog-to-digital channel movements under the guise of individual complaint enforcement. The FCC's regular processes and procedures appear to have been perverted to...

Matthew Lasar asks the $64,000 question on Ars Technica: "Did Congress really give the FCC power to protect the Net? The jurisdictional question, as Lasar notes, lies at the heart of the viability of the FCC's proposed net neutrality rules. The answer depends on one's view of what regulatory...

The D.C. Circuit Court of Appeals in Cohen v. U.S. (No. 08-5088) rebuffed an attempt by the IRS to treat as a general statement of policy a Notice by which it both conceded its refund obligation for certain improperly collected telephone excise taxes and established a binding and exclusive...

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 FCC Procedural Reform for Openness and Clarity Encouraging Sensible Solutions Act (FCC PROCESS Act) is a commendable effort to improve decision making at the Commission, and upon analysis it is evident the proposed reforms would do much in improving both transparency and timeliness in the...

The case for regulating the Internet has not been made. Proposed rules mandating network neutrality are not in response to evidence of market failure or widespread consumer harm, could deter investment in broadband deployment, and raise First Amendment concerns. Regulatory advocates' assertions...

Public policy debates about online child safety have raged since the earliest days of the Internet. Concerns about underage access to objectionable content (specifically pornography) drove early "Web 1.0" efforts to regulate the Internet, and it continues to be the topic of much discussion...

This paper will examine the FCC’s March, 2015 Open Internet Order with an eye to assessing whether and how the Commission can successfully defend its decision in an appellate court. On two prior occasions, the FCC failed to convince a reviewing court that proposed regulatory safeguards do not...