February 4, 2019

The Mozilla oral arguments and the ongoing hell of the “net neutrality” debate

Gus Hurwitz

In the opening seconds of what was surely one of the worst oral arguments in a high-profile case that I have ever heard, Pantelis Michalopoulos, arguing for petitioners against the…

Telecommunications

October 18, 2018

Amicus Brief, Mozilla v. FCC

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout

ICLE filed a  brief in support of Petitioners in the D.C. Circuit case, Mozilla v. FCC, a case that challenged the FCC's authority to issue the Restoring Internet Freedom Order ("RIFO").

Telecommunications

October 4, 2018

Putting Politics over Policy at the FCC

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout

FCC Commissioner Rosenworcel penned an article this week on the doublespeak coming out of the current administration with respect to trade and telecom policy. On one hand, she argues, the administration has proclaimed 5G to be an essential part of our future commercial and defense interests.

Telecommunications

September 18, 2018

Comments to the FCC on T-Mobile-Sprint Merger

Geoffrey A. Manne & Julian Morris & Kristian Stout & Gus Hurwitz

ICLE submitted Comments to the Federal Communications Commission in Opposition to Petitions to Deny the T-Mobile-Sprint Merger. ICLE's comments argue that the petitions to deny fail to provide any compelling reason to adopt a presumption against this merger. To the contrary, there are good reasons to think that this transaction will benefit consumers and the economy.

Antitrust & Consumer Protection

July 13, 2018

Podcast: Free Lunch Podcast Episode 33 – Net Neutrality and Federalism

icle

Despite the Federal Communication Commission’s decision in December 2017 to eliminate the common carrier regulations for Internet services — the so-called net neutrality rules the FCC created in 2015 — the net neutrality debate rages on. Gus Hurwitz, Brent Skorup, and Geoffrey Manne discuss this new front in regulation, federalism, and grassroots activism.

Telecommunications

November 2, 2017

Amicus Brief, DANIEL BERNINGER v. FEDERAL COMMUNICATIONS COMMISSION, SCOTUS

Geoffrey A. Manne & Gus Hurwitz & Kristian Stout & Allen Gibby

This case raises significant questions about the thoroughness with which a court must review agency decisionmaking—or the extent to which a court may instead defer to that decisionmaking—when the agency has reversed a prior policy determination in the absence of a change in applicable law.

Telecommunications

August 30, 2017

Privacy Comments, Restoring Internet Freedom NPRM

Kristian Stout & Geoffrey A. Manne & Allen Gibby

As the Commission’s NPRM notes, the 2015 Open Internet Order “has weakened Americans’ online privacy by stripping the Federal Trade Commission — the nation’s premier consumer protection agency — of its jurisdiction over ISPs’ privacy and data security practices.”

Telecommunications

July 17, 2017

Policy Comments, Restoring Internet Freedom NPRM

Kristian Stout & Geoffrey A. Manne & Allen Gibby

"Federal administrative agencies are required to engage in “reasoned decisionmaking” based on a thorough review and accurate characterization of the record. Their analysis must be based on facts and reasoned predictions; it must be rooted in sound economic reasoning: it must be logically coherent..."

Telecommunications

May 18, 2017

The Internet Conduct Rule Must Die

Allen Gibby

It’s fitting that FCC Chairman Ajit Pai recently compared his predecessor’s jettisoning of the FCC’s light touch framework for Internet access regulation without hard evidence to the Oklahoma City Thunder’s…

Telecommunications