A longstanding principle of common law in both the United States and the United Kingdom recognizes the value of establishing “common carriers”— that is, entities that transport goods, people or services for the benefit of the general public with an obligation not to discriminate among them. Unlike private or “contract” carriers, a common carrier operates under a license provided by a regulator, who retains authority to interpret the carrier’s obligations to the public.

Read the full piece here.

The 16 young Montanans who have sued in state court seeking a judicial declaration that the state of Montana‘s policies violate their right to a clean and healthful environment under Article IX, Section 1, of the Montana Constitution are surely both sincere and well intentioned. Climate change is a serious public concern that should focus the attention of Montana law makers. The plaintiff s allege that the state‘s policies violate their constitutional rights by both contributing to and failing to do enough to combat climate change. They may well be right about the effects of state policies, but it is not within the competence or authority of the judiciary to second guess or override those policies. The trial judge has recognized as much by indicating that the only remedy she will consider is a declaratory judgment. But even a declaration that state policies violate the constitutional right to a clean and healthful environment would require the judge to conclude that there are better policies the executive and legislature should enact.

Read the full piece here.

With the first day of summer less than a week away and political silly season just around the corner, we don’t have much time for hootenannies. Congress needs to channel the wisdom of Jerry Reed, who noted: “We’ve got a long way to go and a short time to get there.”

Read the full piece here.

Grab a partner, find a group, and square up for Truth on the Market’s second Telecom Hootenanny. We’ve got spectrum auctions, broadband subsidies, and a European 5G tango.

Read the full piece here.

In Susan Crawford’s 2013 book “Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age,” the Harvard Law School professor argued that the U.S. telecommunications industry had become dominated by a few powerful companies, leading to limited competition and negative consequences for consumers, especially for broadband internet.

Crawford’s ire was focused particularly on Comcast, AT&T, and Verizon, as she made the case that these three firms were essentially monopolies that had divided territories and set up roadblocks through mergers, vertical integration, and influence over regulators and franchisors to prevent competition and innovation. In particular, she noted the power Comcast commanded in securing access to live sports, allowing them to effectively prevent cord-cutting and limit competition from other cable companies.

According to Crawford, the consequences of this monopoly power were high prices for service, poor customer service, and limited access to high-speed internet in certain areas, particularly in rural and low-income communities. In effect, she saw no incentives for broadband companies to invest in high-speed and reliable internet. In response, she proposed increased competition and regulation, including the development of fiber-based municipal broadband to foster greater consumer choice, lower prices, and improved access to reliable internet service.

A decade later, the broadband market is far more dynamically competitive than critics like Crawford believed was possible. YouTube TV’s rights to NFL Sunday Ticket (as well as the massive amount of programming available online) suggests that Comcast did not have the control over important programming like live sports that would have enabled them to prevent cord-cutting or to limit competition. And the rise of 10G broadband also suggests that there is much more competition in the broadband market than Crawford believed was possible, as her “future proof” goal of symmetrical 1Gb Internet will soon be slower than what the market actually provides.

Read the full piece here.

The European Commission’s recently concluded consultation on “the future of the electronic communications sector and its infrastructure” was a curious phenomenon in which the commission revived the seemingly dead-and-buried idea of a legally mandated “sender pays” network-traffic scheme, despite the fact that it remains as unpopular and discredited as it was when last discussed roughly a decade ago.

Read the full piece here.

President Joe Biden’s big plans for the Federal Communications Commission, including the reimposition of so-called “net neutrality” rules that were rolled back during the Trump years, may finally move forward if the U.S. Senate agrees to confirm Biden’s recent nominee Anna Gomez to be the commission’s fifth member and decisive vote.

A history of support for net neutrality was one of the things that ultimately doomed the confirmation prospects for prior nominee Gigi Sohn, who withdrew her name in February, 16 months after Biden originally nominated her. Senators are sure to press Gomez for her thoughts on the same issue, as they should, but it’s not the only matter deserving of scrutiny. As policymakers continue to explore ways to expand affordable internet access, they should also determine where Gomez stands on the key issue of rate regulation.

Read the full piece here.

Announced with the sort of breathless press release one might expect for the launch of a new product like Waystar Royco’s Living+, the Federal Communications Commission (FCC) has gone into full-blown spin mode over its latest broadband map.

This is, to be clear, the map that the National Telecommunications and Information Administration (NTIA) will use to allocate $42.5 billion to states from NTIA’s Broadband Equity, Access, and Deployment (BEAD) program. Specific allocations are expected to be announced by June 30.

Read the full piece here.

The federal government is set to award more than $42 billion in new grants to state governments this summer, with the goal of expanding high-speed internet access in areas that currently lack it.

But as this new Broadband Equity, Access, and Deployment program ramps up, it is crucial that states spend the money wisely.

Read the full piece here.