Abstract: This symposium contribution explores how technological convergence and the shift toward... more Abstract: This symposium contribution explores how technological convergence and the shift towards access regulation are fundamentally transforming the basic tools and goals of telecommunications regulation. However, policy makers have largely ignored the manner ...
Page 1. Electronic copy available at: http://ssrn.com/abstract=1824562 Institute for Law & Ec... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1824562 Institute for Law & Economics University of Pennsylvania Law School Research Paper No. 11-14 Public Law and Legal Theory University of Pennsylvania Law School Research Paper No. 11-14 ...
The claim that guaranteeing interoperability and nondiscrimination would benefit consumers has un... more The claim that guaranteeing interoperability and nondiscrimination would benefit consumers has undisputed intuitive appeal. The fact that interoperability has represented the historical norm may lead some to put the burden of persuasion on those who would move away from that architecture. However, a close examination of the economic tradeoffs underlying network neutrality reveals a number of countervailing considerations that may not be readily apparent at first blush. Not only does network neutrality risk reducing consumer choice in content and applications, it raises the even more significant danger of stifling the development of further competition in the last mile by forestalling the continued emergence of new broadband technologies. Although such an admonition would be well taken under any circumstances, it carries particular force in dynamic industries like broadband that are undergoing rapid technological and marketplace changes.
Over the past two decades, the Internet has undergone an extensive re-ordering of its topology th... more Over the past two decades, the Internet has undergone an extensive re-ordering of its topology that has resulted in increased variation in the price and quality of its services. Innovations such as private peering, multihoming, secondary peering, server farms, and content delivery networks have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Relatedly, network providers have begun to employ an increasingly varied array of business arrangements and pricing. This variation has been interpreted by some as network providers attempting to promote their self interest at the expense of the public. In fact, these changes reflect network providers’ attempts to reduce cost, manage congestion, and maintain quality of service. Current policy proposals to constrain this variation risk harming these beneficial developments.
Communications of the ACM. Volume 53, Number 8 (2010), Pages 24-26. Economic and business dimensi... more Communications of the ACM. Volume 53, Number 8 (2010), Pages 24-26. Economic and business dimensions: Is the Internet a maturing market? Christopher S. Yoo. ...
Page 1. Harvard Journal of Law & Technology Volume 22, Number 1 Fall 2008 RETHINKING BROADBAN... more Page 1. Harvard Journal of Law & Technology Volume 22, Number 1 Fall 2008 RETHINKING BROADBAND INTERNET ACCESS Daniel F. Spulber & Christopher S. Yoo* TABLE OF CONTENTS I. INTRODUCTION ..... 2 II. ...
Page 1. Toward a Unified Theory of Access to Local Telephone Networks Daniel F. Spulber* Christop... more Page 1. Toward a Unified Theory of Access to Local Telephone Networks Daniel F. Spulber* Christopher S. Yoo** I. INTRODUCTION ..... 44 II. THE HISTORY OF THE REGULATION OF LOCAL TELEPHONY ..... ...
... c. The Allocation of Individual Stations to Particular Licensees . . ... frequencies thus req... more ... c. The Allocation of Individual Stations to Particular Licensees . . ... frequencies thus required the establishment of some regulatory mechanism to divide the electromagnetic spectrum and assign ...Radio Commission (FRC) initially required stations to seek renewal every six months. ...
Due process and fairness in enforcement procedures represent a critical aspect of the rule of law... more Due process and fairness in enforcement procedures represent a critical aspect of the rule of law. Allowing greater participation by the parties and making enforcement procedures more transparent serve several functions, including better decision-making, greater respect for government, stronger economic growth, promotion of investment, limits corruption and politically motivated actions, regulation of bureaucratic ambition, and greater control of agency staff whose vision do not align with agency leadership or who are using an enforcement matter to advance their careers. That is why such distinguished actors as the International Competition Network (ICN), the Organization for Economic Cooperation and Development (OECD), the Association of Southeast Asian Nations (ASEAN), the International Chamber of Commerce (ICC), and the American Bar Association (ABA) have all offered frameworks for promoting greater fairness in antitrust enforcement.
Because the U.S. was the first country to enact an antitrust law, it has enjoyed the longest opportunity to develop its enforcement practices. As such, after first introducing the key antitrust enforcement institutions, this chapter will explore the manner in which U.S. implements four key procedural protections (legal representation, notice of the legal basis and evidence underlying the alleged violation, engagement between the parties and the investigative staff, and internal checks and balances/judicial review) to provide insights into ways to improve U.S. law and in the hopes that other jurisdictions might benefit from the U.S. experience.
Abstract: This symposium contribution explores how technological convergence and the shift toward... more Abstract: This symposium contribution explores how technological convergence and the shift towards access regulation are fundamentally transforming the basic tools and goals of telecommunications regulation. However, policy makers have largely ignored the manner ...
Page 1. Electronic copy available at: http://ssrn.com/abstract=1824562 Institute for Law & Ec... more Page 1. Electronic copy available at: http://ssrn.com/abstract=1824562 Institute for Law & Economics University of Pennsylvania Law School Research Paper No. 11-14 Public Law and Legal Theory University of Pennsylvania Law School Research Paper No. 11-14 ...
The claim that guaranteeing interoperability and nondiscrimination would benefit consumers has un... more The claim that guaranteeing interoperability and nondiscrimination would benefit consumers has undisputed intuitive appeal. The fact that interoperability has represented the historical norm may lead some to put the burden of persuasion on those who would move away from that architecture. However, a close examination of the economic tradeoffs underlying network neutrality reveals a number of countervailing considerations that may not be readily apparent at first blush. Not only does network neutrality risk reducing consumer choice in content and applications, it raises the even more significant danger of stifling the development of further competition in the last mile by forestalling the continued emergence of new broadband technologies. Although such an admonition would be well taken under any circumstances, it carries particular force in dynamic industries like broadband that are undergoing rapid technological and marketplace changes.
Over the past two decades, the Internet has undergone an extensive re-ordering of its topology th... more Over the past two decades, the Internet has undergone an extensive re-ordering of its topology that has resulted in increased variation in the price and quality of its services. Innovations such as private peering, multihoming, secondary peering, server farms, and content delivery networks have caused the Internet’s traditionally hierarchical architecture to be replaced by one that is more heterogeneous. Relatedly, network providers have begun to employ an increasingly varied array of business arrangements and pricing. This variation has been interpreted by some as network providers attempting to promote their self interest at the expense of the public. In fact, these changes reflect network providers’ attempts to reduce cost, manage congestion, and maintain quality of service. Current policy proposals to constrain this variation risk harming these beneficial developments.
Communications of the ACM. Volume 53, Number 8 (2010), Pages 24-26. Economic and business dimensi... more Communications of the ACM. Volume 53, Number 8 (2010), Pages 24-26. Economic and business dimensions: Is the Internet a maturing market? Christopher S. Yoo. ...
Page 1. Harvard Journal of Law & Technology Volume 22, Number 1 Fall 2008 RETHINKING BROADBAN... more Page 1. Harvard Journal of Law & Technology Volume 22, Number 1 Fall 2008 RETHINKING BROADBAND INTERNET ACCESS Daniel F. Spulber & Christopher S. Yoo* TABLE OF CONTENTS I. INTRODUCTION ..... 2 II. ...
Page 1. Toward a Unified Theory of Access to Local Telephone Networks Daniel F. Spulber* Christop... more Page 1. Toward a Unified Theory of Access to Local Telephone Networks Daniel F. Spulber* Christopher S. Yoo** I. INTRODUCTION ..... 44 II. THE HISTORY OF THE REGULATION OF LOCAL TELEPHONY ..... ...
... c. The Allocation of Individual Stations to Particular Licensees . . ... frequencies thus req... more ... c. The Allocation of Individual Stations to Particular Licensees . . ... frequencies thus required the establishment of some regulatory mechanism to divide the electromagnetic spectrum and assign ...Radio Commission (FRC) initially required stations to seek renewal every six months. ...
Due process and fairness in enforcement procedures represent a critical aspect of the rule of law... more Due process and fairness in enforcement procedures represent a critical aspect of the rule of law. Allowing greater participation by the parties and making enforcement procedures more transparent serve several functions, including better decision-making, greater respect for government, stronger economic growth, promotion of investment, limits corruption and politically motivated actions, regulation of bureaucratic ambition, and greater control of agency staff whose vision do not align with agency leadership or who are using an enforcement matter to advance their careers. That is why such distinguished actors as the International Competition Network (ICN), the Organization for Economic Cooperation and Development (OECD), the Association of Southeast Asian Nations (ASEAN), the International Chamber of Commerce (ICC), and the American Bar Association (ABA) have all offered frameworks for promoting greater fairness in antitrust enforcement.
Because the U.S. was the first country to enact an antitrust law, it has enjoyed the longest opportunity to develop its enforcement practices. As such, after first introducing the key antitrust enforcement institutions, this chapter will explore the manner in which U.S. implements four key procedural protections (legal representation, notice of the legal basis and evidence underlying the alleged violation, engagement between the parties and the investigative staff, and internal checks and balances/judicial review) to provide insights into ways to improve U.S. law and in the hopes that other jurisdictions might benefit from the U.S. experience.
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Because the U.S. was the first country to enact an antitrust law, it has enjoyed the longest opportunity to develop its enforcement practices. As such, after first introducing the key antitrust enforcement institutions, this chapter will explore the manner in which U.S. implements four key procedural protections (legal representation, notice of the legal basis and evidence underlying the alleged violation, engagement between the parties and the investigative staff, and internal checks and balances/judicial review) to provide insights into ways to improve U.S. law and in the hopes that other jurisdictions might benefit from the U.S. experience.
Because the U.S. was the first country to enact an antitrust law, it has enjoyed the longest opportunity to develop its enforcement practices. As such, after first introducing the key antitrust enforcement institutions, this chapter will explore the manner in which U.S. implements four key procedural protections (legal representation, notice of the legal basis and evidence underlying the alleged violation, engagement between the parties and the investigative staff, and internal checks and balances/judicial review) to provide insights into ways to improve U.S. law and in the hopes that other jurisdictions might benefit from the U.S. experience.