With the rising cost of broadcast programming and the high-profile of “blackouts,” Retransmission Consent has earned a place at the forefront of the modern communications policy debate. To provide a framework under which to evaluate the issue, we present in this PAPER an economic theory of...

Over the past twenty years we have seen the emergence of an important phenomenon in the practice of modern regulation — cooperative bargaining between the regulator and the regulated over a “bundle” of seemingly unrelated issues. Because of the multiplicity of issues being adjudicated...

Over the past two decades, digital piracy has wreaked havoc on the music industry, with industry revenues falling over 60% between 1999 and 2009. Despite rising income from streaming services, total revenues (in real dollars) today remain well-below their historic peaks. Adding misery to an...

This Article presents a legal and economic framework for analyzing municipal broadband. Economics predicts, and the evidence confirms, that municipal broadband is in almost all scenarios subsidized entry, covering capital costs and losses with tax dollars and other internal transfers....

The Federal Communications Commission ("FCC") recently announced a new "market power" test to analyze whether forbearance is appropriate under Section 10 of the Communications Act. As we explain, the standard for forbearance set forth by the FCC effectively renders, perhaps inadvertently,...

For decades, economists have encouraged regulators to implement more efficient telephone pricing policies in order to eliminate the pervasive cross-subsidies from usage-based services to basic connections. Slowly, and reluctantly, regulators have moved in this direction. The most recent...

The Federal Communications Commission’s recently proposed “nondiscrimination” principle in its Open Internet NPRM is shown to be incompatible with established definitions of discrimination in the economics literature and communications jurisprudence

The United States Department of Commerce, Technology Administration provided support to the Phoenix Center to study the causes and potential solutions of the Valley of Death for technology development in the United States under Study Contract No. SB1341-05-2-0023 administered by KT Consulting,...

In the last few years, U.S. telecoms policy has shifted from encouraging the sharing of existing networks to facilitating the deployment of advanced communications networks. Given the large capital expenditures required for these networks, there can be only a few of such networks. In light of...

One of the most heated debates in the current efforts to re-write the Communications Act has been whether the federal government should impose "Network Neutrality" requirements on broadband service providers. While we argue neither for nor against the need for Network Neutrality legislation in...