This article examines the consequences in using service definitions as the basis for a vertically driven regulatory regime in telecommunications despite converging markets and technologies. The article examines Internet-mediated telephone service as a case study for showing problems resulting...

What Internet Service Providers (quot;ISPsquot;) can and cannot do to diversify services lies at the core of the debate over network neutrality. In prior generations ISPs had little incentive or technological capability to deviate from plain vanilla best efforts routing for content providers and...

Consumers have access to an ever increasing inventory of video content choices as a result of technological innovations, more readily available broadband, new business plans, inexpensive high capacity storage and the Internet’s ability to serve as a single medium for a variety of previously...

This paper will examine whether and how the FCC can support a campaign to deregulate or treat as outside its jurisdiction many next generation network services while at the same time imposing financially burdensome requirements and regulatory duties on some ventures that fit within the...

Airport resources and radio spectrum have much in common. While candidates for privatization, they both typically are treated as public resources and not the property of specific users. Part of the reason government agencies typically manage airport take off and landing slots as well as spectrum...

Much of the policy debate and scholarly literature on network neutrality has addressed whether the Federal Communications Commission (“FCC”) has statutory authority to require Internet Service Providers (“ISPs”) to operate in a nondiscriminatory manner. Such analysis largely focuses on...

This paper identifies substantial flaws in how U.S. government agencies and courts assess the impact of proposed mergers by firms using broadband networks to reach consumers. Based on current market definitions, consumer impact assessments and economic doctrine, antitrust enforcement agencies...