Technological and marketplace convergence in Information, Communications and Entertainment ("ICE") has contributed to the merger of conduit and content. Yet laws, regulations and trade policies assume a separation between the delivery of content and the creation of the content. For example, 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...