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2008
Author: Phil Weiser
Date Published: February 29, 2008
Broadband Internet access is the sine qua non of the information age.
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Author: Jon Nuechterlein
Date Published: February 25, 2008 (draft)
Several years after its first appearance in the telecommunications lexicon, the term "net neutrality" remains elusive, in part because its meaning varies with the speaker and the speaker's agenda.
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Author: Rebecca Arbogast
The states care about broadband. California and Kentucky regulators have developed creative legal theories to extend their jurisdiction to regulate broadband services. The Colorado, Washington, and Michigan legislatures, among others, created incentive programs to promote broadband investment within their states. And municipalities themselves are getting into the business of providing broadband services where private companies are not serving their communities. Though not growing at the initially predicted rates, broadband use continues to grow steadily and impressively.
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There are many lawyers and policymakers now engaged in debating laws concerning high speed broadband connections to the Internet. What do they mean by "the Internet"? Does it matter what they mean?
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While the shift in the technical underpinnings of our industry is certainly important and certainly visible, something a lot more fundamental is going on. The implications of that fundamental shift are going to affect not just the communications industry but the information technology business, broadly defined.
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Author: Alfred Kahn
It has become increasingly clear in recent years that whether or not to proceed with the deregulation of telecommunications is or should no longer be an active issue. For the majority of subscribers, service is no longer a natural monopoly because the competition among diverse plat- forms is sufficiently ubiquitous for us to envision deregulated competi- tion as the general rule and continued regulation the exception. By the same token, we need a basis for deciding when and where that process has advanced sufficiently to justify deregulation.
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Our national broadband policy seeks to promote investment in diverse, faster, and more sophisticated Internet and related technologies. This, in turn, will foster economic growth, innovation, and empower American consumers to make more choices in how they live, work, and play.
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Author: Adam Thierer
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Author: Barbara van Schewick
Network neutrality rules forbid network operators from excluding or discriminating against third-party applications. This analysis shows that calls for network neutrality regulation are justified: absent network neutrality regulation, network providers will likely discriminate against or exclude independent producers of applications,content,or portals from their networks.
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Author: Kevin Werbach
Telecommunications is a trillion-dollar industry undergoing a massive transformation, both in its technological underpinnings and its market dynamics. As technology and market developments undermine longstanding business models and value chains, existing legal frameworks are failing. A "layered" model for communications policy would provide a better foundation for competition, investment, and innovation than the legacy "silo" model.
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Author: Christopher Yoo
A chorus of commentators has drawn inspiration from the "end-to-end" argument first advanced by Saltzer, Reed, and Clark and called upon policy makers to mandate that last-mile broadband providers adhere to certain principles of network neutrality.
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Communications regulators over the next decade will spend increasing time on conflicts between the private interests of broadband providers and the public's interest in a competitive innovation environment centered on the Internet. As the policy questions this conflict raises are basic to communications policy, they are likely to reappear in many different forms.
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Back in the 1990s, Internet communications policy was easier. It was easy to agree that the network's growth ought not be impended by excessive government regulation. It was easy to hope that the Internet would solve all of its own problems. Yet it turned out that the success of the network was hiding strong differences of opinion. Today, the euphoria is gone, and the divide in Internet communications policy has become clear and unmistakable.
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Since the late 1990s academics and policymakers have advanced various ideas for fundamental telecommunications reform in the United States. The immediate challenge for any proposed reform, however, is understanding what the point of a telecommunications law is in the first place.
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