While cities understandably want oversight over some aspects of installing this infrastructure, such as digging up neighborhood streets, there is no economic rationale for local franchising of video services. The need to obtain a franchise represents little more than a barrier to entry....

The proposal to evaluate the reallocation of the 700 MHz spectrum band in Europe, Africa and the Middle East from broadcasting services to mobile communications, presented during the last World Radiocommunication Conference in 2012, aimed to respond to the increasing demand for mobile broadband...

The Federal Communications Commission’s recent Comcast decision has rejected categorical, ex ante restrictions on Internet providers’ ability to manage their networks in favor of a more flexible approach that examines each dispute on a case-by-case basis, as I have long advocated. This book...

Much of the recent debate over Internet policy has focused on the permissibility of business practices that are becoming increasingly common, such as new forms of network management, prioritization, pricing, and strategic partnerships. This Essay analyzes these developments through the lens of...

This article, written for the inaugural issue of a new journal, analyzes the extent to which the convergence of broadcasting and telephony induced by the digitization of communications technologies is forcing policymakers to rethink their basic approach to regulating these industries. Now that...

On-demand, on-the-go programming is the new normal in the retail marketplace for digital entertainment. As mobile-device makers and other innovators jockey to meet consumer demand for maximum choice and flexibility, courts are continually challenged with figuring out how, if at all, the...

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...