Policy & Regulation

State of Broadband Infrastructure: Lagging or Leading?

I have found a disturbing lack of context in respect of some reports examining the state of Canada's telecommunications industry, especially those that have cited various OECD studies released over the past few months. It has become increasingly clear that the OECD's analysis is flawed. The failure by so many to analyse the data appears to confirm what President Barack Obama said recently in a newspaper interview... more

Net Neutrality, Health Care, and “The Customer is Always Wrong!”

The surest way to screw up future innovative applications would be for ISPs to make constraining assumptions about the future based on existing applications' performance. Discussing P2P behavior as if it were some monolithic, unchanging entity is simply wrong. What is P2P? BitTorrent? Skype? CNN live video feed fan-outs? And what of changes to these existing apps? What of future apps? more

The Regulatory Arbitrage Lovefest

My day job, which includes finishing a book, updating a broadband law treatise, and trying to engage undergraduate students in the challenges of telecommunication and Internet policy, prevents me from weighing in each time I see yet another outrageous claim on such issues as network neutrality, broadband market penetration, and the competitiveness of U.S. telecoms markets. But I have to make time for this one. more

Registry-Registrar Cross Ownership: Framing the Issues

There has been much said and written recently about the issue of registry-registrar cross ownership with regard to New Top Level Domains ("New TLDs"). It is clear that there appears to be a fair amount of confusion about the issue and the positions espoused by various parties. To assist the ICANN community in understanding the issue -- the points of agreement and debate -- I offer the following overview on behalf of Network Solutions and Central Registry Solutions... more

Why Does the Telco Industry Need to Change?

Over the last years the telecommunications market has been regulated on the basis of operating telephony services. Internet access has been added to this in recent years but it is still essentially linked to telephone line regulations. While major societal changes have been happening, since the 1980s at least, very few policy changes were made around the telecoms industry to enable it to play a key role in these changes. Key telecoms reforms in the mid- and late 1990s still refused to take a more multi-media -- or perhaps what we now call a trans-sector -- approach towards the industry. more

In Congress, A Confusing Argument Against New TLDs

In a recent post to CircleID entitled New Domains and ICANN Accountability, Steve DelBianco paints himself as "frustrated" that ICANN didn't take a different path toward new Top-Level Domains (TLDs). Mr. DelBianco was one of four witnesses at a hearing before the House Judiciary Committee's Subcommittee on Courts and Competition on September 23, 2009. He is a creative advocate for his clients, an engaging speaker, and a skillful writer, and he produced a synopsis of the hearing which sounded convincing -- until I tried to make sense of it. more

On New Domains and ICANN Accountability, More Questions than Answers

The Internet Corporation for Assigned Names and Numbers (ICANN) went before a Congressional panel this week to defend its plan to create an unlimited number of new Internet domains (like .web, .food, etc.) I was a witness at the hearing, which made one thing clear: the "consensus" on new Internet domains is not as strong as ICANN would have us think. more

The Broadband Numbers Racket

Financial Times has an article called The broadband numbers racket, by former FCC chief economist Thomas Hazlett, now a professor of law and economics at George Mason University. Hazlett points out that too many people use superficial selection of statistics to bolster questionable policy positions. more

The Freedom to Innovate Without Permission

In a speech this morning, widely heralded (and criticized) as a call for "network neutrality," FCC Chairman Julius Genachowski: "Why has the Internet proved to be such a powerful engine for creativity, innovation, and economic growth? A big part of the answer traces back to one key decision by the Internet's original architects: to make the Internet an open system." Now "open system" doesn't mean anarchy. The Internet has rules, technical standards codified in the unassuming sounding "Requests for Comment." more

Making Network Neutrality Sustainable, Revisited

Today FCC Chairman Genichowski announced that the FCC's Network Neutrality Proceeding is entering the rule-making stage. This is a historic milestone, worth celebrating, but the milestone is on a road with hairpin turns. If you look directly above us, you can see we're in almost exactly the same place we used to be when the pro-competition provisions of the 1996 Telecom Act were intact and the distinction between telecommunications service and information service was meaningful, but now we are a lot lower. more