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...

One goal of the American Recovery and Reinvestment Act of 2009 (“ARRA”) is to provide all Americans with access to affordable broadband services, particularly to those Americans living in rural markets where demand and cost conditions do not favor network deployment. At the same time, there...

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...

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...

With a sluggish economy, high unemployment, and unprecedented deficit spending, growing the economy and curbing federal spending are top priorities in Washington. A now-popular target for reform is regulation, which even President Obama claims to have "stifled innovation" and to have had "a...

Over the past few months there have been calls to impose "wireless net neutrality" rules on the burgeoning United States wireless industry. These critics assert that certain practices by the wireless industry - such as handset "locking" practices, data bandwidth limitations, and control over...