Over the past several years, the FCC under Chairman Julius Genachowski has argued that because broadband is not universally ubiquitous, the agency may use the “reasonable and timely” standard contained in Section 706 in the Communications Act as an independent source of legal authority to...

With the National Broadband Plan’s promise of an additional 500 MHz of spectrum for commercial purposes, the question of how to allocate those resources among competing uses and users will dominate the communications policy debate over the coming years. In this policy paper, we provide a...

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...

The unbundling paradigm contained in the 1996 Telecommunications Act was one of the most ambitious regulatory experiments in American history. Yet, despite high expectations, less than a decade after codification the experiment was over. Without making any consumer welfare claims about the...

The Federal Communications Commission appears to be conducting a far-ranging data gathering effort concerning cable prices and analog-to-digital channel movements under the guise of individual complaint enforcement. The FCC's regular processes and procedures appear to have been perverted to...

The Federal Communications Commission’s proposed net neutrality rules would, among other things, prohibit broadband access providers from prioritizing traffic, charging differential prices based on the priority status, imposing congestion-related charges, and adopting business models that...

The Scottish Government has issued a prospectus for independence, should it win a plebiscite in September 2014. It plans independence to be in March 2016, together with accession to membership of the European Union. Its proposed arrangements for the regulation of broadcasting are presently very...

This paper compares and contrasts the processes used by the European, United Kingdom and Scottish parliaments in considering broadband policies, legislation, regulatory systems and outcomes, within a complex triple-tiered governance system. Broadband is of increasing importance due to the...

In order to encourage investment in telecommunication networks, governments have been encouraged to adopt a regulatory state model, with an independent regulatory authority that is subject to a system of appeals and to parliamentary oversight, providing different forms of accountability. The...