Digital Crossroads Telecommunications Law and Policy in the Internet Age

ISBN-10: 0262519607
ISBN-13: 9780262519601
Edition: 2nd 2013
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Description: In Digital Crossroads, two experts on telecommunications policyoffer a comprehensive and accessible analysis of the regulation of competition in the U.S.telecommunications industry. The first edition of Digital Crossroads (MIT Press,2005) became an  More...

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Book details

List price: $39.00
Edition: 2nd
Copyright year: 2013
Publisher: MIT Press
Publication date: 7/5/2013
Binding: Paperback
Pages: 528
Size: 6.00" wide x 9.00" long x 1.06" tall
Weight: 1.804

In Digital Crossroads, two experts on telecommunications policyoffer a comprehensive and accessible analysis of the regulation of competition in the U.S.telecommunications industry. The first edition of Digital Crossroads (MIT Press,2005) became an essential and uniquely readable guide for policymakers, lawyers, scholars, andstudents in a fast-moving and complex policy field. In this second edition, the authors have revisedevery section of every chapter to reflect the evolution in industry structure, technology, andregulatory strategy since 2005. The book features entirely new discussions ofsuch topics as the explosive development of the mobile broadband ecosystem; incentive auctions andother recent spectrum policy initiatives; the FCC's net neutrality rules; the National BroadbandPlan; the declining relevance of the traditional public switched telephone network; and the policyresponse to online video services and their potential to transform the way Americans watchtelevision. Like its predecessor, this new edition of Digital Crossroads not only helpsnonspecialists climb this field's formidable learning curve, but also makes substantivecontributions to ongoing policy debates.

Philip J. Weiser is Dean of the Law School, Thompson Professor of Law and Telecommunications,and Founder and Executive Director of the Silicon Flatirons Center for Law, Technology, andEntrepreneurship at the University of Colorado Boulder. From 2009 to 2010, he was Deputy AssistantAttorney General, and from 2010 to 2011, he was a Senior Adviser on Technology and Innovation at theNational Economic Council in the White House under President Obama.

Acknowledgments
Preface to the Second Edition
Preface to the First Edition
The Big Picture
Economic Principles
Network effects and interconnection
Economies of scale and density
Information platforms, monopoly leveraging, and net neutrality
Technological Convergence and Statutory Obsolescence
Competition Policy in Wireline Telecommunications
A Primer on Wireline Technology
Transmission pipes: loops and transport
Switches
Circuit switching
Packet switching
Traditional Telephone Rate Regulation
The basics of price regulation
The regulatory compact, rate-of-return regulation, and price caps
Dual jurisdiction and access charges
Tariffs
Introduction to universal service policies
Wireline Competition Policy Before 1996
Telecommunications equipment manufacturing
Long-distance competition and the AT&T consent decree
The rise of competitive access providers
The first steps toward local exchange competition
Wireline Competition Under the 1996 Act
The 1996 Act's main objectives
The nuts and bolts of the 1996 Act
A taxonomy of carriers and services
Interconnection and collocation rights
Network elements and leasing rights
Procedures for implementing the local competition provisions
The rise and fall of UNE-P
The stakes of UNE-P
The FCC, the "impairment" standard, and the courts
The collapse of the consumer long-distance carriers
Wireline broadband facilities and the 1996 Act
Line sharing
Next generation networks
The Twilight of Monopoly-Era Regulation
Forbearance from monopoly-era regulation in the mass market
The partial deregulation of special-access services
The Spectrum
Overview
The Nuts and Bolts of Spectrum Allocation and Assignment
Allocation
Assignment: from comparative hearings to auctions
Liberating the Airwaves
Beyond command and control
Reclaiming spectrum for mobile broadband
Reclaiming government-held spectrum and options for spectrum sharing
Reclaiming spectrum from broadcasters
Controversy in the transition
The 2004 Nextel spectrum-relocation controversy
Mobile satellite service controversies: Light Squared and DISH
Avoiding the sunk cost fallacy in the assignment of spectrum rights
Commons: Einstein's cat in the age of the mouse
The Future of Interference Policy
Mobile Wireless Services
The Basics of Cellular Technology
The Regulatory Landscape
A brief history of mobile wireless regulation
The general deregulation of wireless telephony
Competition Policy for the Wireless Broadband Ecosystem
Roaming
Interoperability
Number portability
Market concentration and the AT&T/T-Mobile merger controversy
A Primer on Internet Technology
The Basics
From analog to digital
Modularity and layering
The logic of the Internet
Killer apps: email and the Web
VoIP
The Internet's Physical Infrastructure
Beginnings
The Internet's Constituent IP Networks
Access networks/ISPs
Backbone networks and the basics of peering and transit
CDNs and the disintermediation of Internet backbone networks
Net Neutrality and the Regulation of Broadband Internet Access
The Historical Origins of the Net Neutrality Movement
The Computer Inquiries
The "open-access" debate
The Net Neutrality Debate
The anti-blocking rule and "reasonable network management"
The Madison River and Comcast-BitTorrent controversies
The Open Internet Order and the differential treatment of fixed and mobile broadband platforms
The concept of "reasonable network management"
"Application agnosticism" and usage-sensitive pricing
Restrictions on favored treatment of particular content
Background
The FCC's "nondiscrimination" rule
The "specialized services" exception, IP video, and data tiers
Nondiscrimination and paid peering
The economic elements of the net neutrality debate
Framing the debate
Market power and residential broadband competition
Vertical integration and the ICE principle
Concerns about "manufactured scarcity"
Weighing the costs and benefits of intervention
Title I, Title II, and the Limits of FCC Power
Overview of Title I and the FCC's "ancillary authority"
The Comcast decision and the "third way" proposal
Denouement and litigation
Interconnection and Intercarrier Compensation
The Historical Crazy Quilt of Intercarrier Compensation Schemes
Introduction to PSTN interconnection rules and intercarrier compensation
Access charge arbitrage scandals-and their origin in regulatory artificiality
The ISP reciprocal compensation controversy
Intercarrier compensation and VoIP
Tariffs, CLEC access charges, and "traffic pumping"
Intercarrier compensation for mobile and tandem transit providers
The Rise of Bill-and-Keep as the Cornerstone of Intercarrier Compensation Reform
The economic challenges of a calling-network-pays regime
The bill-and-keep alternative
The USF-ICC Reform Order and the 1996 Act
Overview of the Order
Legal rationales and litigation
The FCC's disputed jurisdiction
The disputed legal basis for bill-and-keep
After the PSTN Sunset: Interconnection Policy in an All-IP World
VoIP-to-VoIP interconnection
Telephone numbers in an all-IP world
Indirect interconnection and QoS
Paid-peering disputes involving "eyeball" ISPs and CDNs
Concerns about Internet fragmentation
Universal Service in the Age of Broadband
Introduction to the Political Dynamics of Universal Service
Federal USF Disbursement Mechanisms
The nuts and bolts of the High Cost Fund (circa 2011)
Wireless ETCs and the rise and fall of the identical-support rule
The Connect America Fund
Federal USF Contribution Mechanisms
The traditional revenue-based assessment regime
Prospects for contribution reform
Competition in the Delivery of Video Programming
The Basics of the Video-Distribution Marketplace
Introduction to video programmers and distributors
Cable rate deregulation and the "a la carte" debate
Regulation of Relationships among Video-Distribution Platforms
Compulsory copyright licenses and retransmission consent
Must carry
Satellite retransmission of broadcast signals
The program-access rules
Online video distributors
OVDs, copyright, and the definition of "MVPDs"
OVDs and the Comcast-NBC "Universal merger conditions
Efforts to Protect Programming Competition and Diversity through Vertical Regulation of Broadcast Networks and MVPDs
Vertical integration concerns and-the finsyn case study
Cable operators, horizontal ownership restrictions, and the program-carriage rules
Cable ownership restrictions
The program-carriage rules
Restrictions on Ownership of Television Broadcast Stations
The Future of Telecommunications Competition Policy
First Principles of Institutional Reform
Judging Congress
The Antitrust Alternative
The FCC in Transition
Expertise
Determinacy
Relations with reviewing courts
Relations with the states
Relations with coordinate merger-review authorities
Transparency
Neutrality
Humility
Notes
Index

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