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New Directions in Federal Telecom Policies

New Directions in Federal Telecom Policies. Presentation by Professor Robert G. Harris California Conference of Public Utility Counsel Monterey, CA October 5, 2009. Regulatory Policy: FCC Antitrust & Competition Policy: FTC & DOJ

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New Directions in Federal Telecom Policies

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  1. New Directions in Federal Telecom Policies Presentation by Professor Robert G. HarrisCalifornia Conference of Public Utility CounselMonterey, CA October 5, 2009

  2. Regulatory Policy: FCC • Antitrust & Competition Policy: FTC & DOJ • Promotional Policy: NTIA/Commerce & RUS/DOA (Broadband Stimulus) Triangle of Telecom Policy-Making Agencies

  3. Reviewing, overturning FCC regulatory decisions (UNE-P) • Restricting application of antitrust laws in private enforcement actions (Trinko, LinkLine) In the Shadow of the Law: The Role of the Courts

  4. Will Court decisions limiting reach of antitrust laws cause policy-makers to use regulatory instruments instead? • Will Courts limit use of regulatory intervention (e.g. sale of wireless spectrum not subject to “net neutrality”)? Regulation and Antitrust as Substitutes and as Complements

  5. The “Wave” Effect (cross-industry tendencies) • Deregulation of 1970’s-80’s • Reregulation of 2008-16? Major Forces of Change

  6. Personnel FCC: Genachowsi DOJ: Varney FTC: Leibowitz NTIA: Strickling • Agenda for Change • Activist Philosophical Approach Major Forces of Change

  7. Cooperative Institutional Relationships • Broadband: NTIA stimulus grants, FCC “broadband policy” • Exclusive handset agreements (Apple-AT&T): DOJ, FCC Major Forces of Change

  8. Continuing shift toward Federal v state policy-making • Digital convergence across content and media • Globalization of communications and information services • Federal fiscal policy (stimulus) Major Forces of Change

  9. Major Areas & Issues of Potential Change

  10. More aggressive merger enforcement • Testing the limits of Sherman Section 2 monopolization cases • Use of consumer protection provisions of Section 5 • Use of antitrust enforcement to protect against “patent holdup” Antitrust, Competition Policy & Consumer Protection

  11. Net neutrality (Regulating VOIP, GoogleVoice?) • Wireless competition • Public subsidies to broadband investment • Universal service: expand to wireless? broadband? • Industry consolidation (e.g. cable systems, wireless) Regulatory Policy

  12. Health Care: remote service delivery, digitization of records • Education: connecting schools to broadband, learning “at home” • Energy: smart grid Telecom as an “Enabler”

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