July 22, 2019

The Unconstitutionality of the FCC's Leased Access Rules

Ben Sperry
ICLE submitted comments to the FCC on the First Amendment implications of the leased access rules. Associate Director, Legal Research Ben Sperry argued the changes in the video marketplace towards competition undercut the justification for subjecting regulation of cable operators' speech to only intermediate scrutiny.
Telecommunications
July 18, 2019

ICLE Comments on Implementation of Section 621(a)(1) of the Cable Communications Policy Act of 1984

Geoffrey A. Manne & Kristian Stout & Alec Stapp
In this ex parte letter, ICLE analyzes the law and economics of both the underlying statute and the FCC's proposed rulemaking that would affect the interpretation of cable franchise fees. For a variety of reasons set forth in the letter, we believe that the Commission is on firm legal and economic footing to adopt its proposed Order.  Congress intentionally enacted the five percent revenue cap to prevent LFAs from relying on cable franchise fees as an unlimited general revenue source. In order to maintain the proper incentives for network buildout — which are ever more-critical as our economy increasingly relies on high-speed broadband networks — the Commission should adopt the proposed Order.
Telecommunications
June 15, 2019

ICLE Comments on Department of Justice Workshop on Competition in Television and Digital Advertising

Geoffrey A. Manne
The Department should be commended for undertaking this workshop “to explore industry dynamics in media advertising and the implications for antitrust enforcement and policy.... and the competitive dynamics of media advertising in general.” The competitive dynamics of advertising markets—and digital advertising markets, in particular—are complicated and not well-understood.
Antitrust & Consumer Protection
May 31, 2019

Toward a Proper Understanding of Consumer Privacy and Its Regulation (FTC Hearings, ICLE Comment 10)

Geoffrey A. Manne & Kristian Stout & Dirk Auer & Alec Stapp
FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Toward a Proper Understanding of Consumer Privacy and Its Regulation: Market Realities and the Consumer Welfare Costs of Abandoning Regulatory Restraint. Hearing #12 (Apr. 9-10). Submitted May 31, 2019.
Antitrust & Consumer Protection
May 31, 2019

Properly Balancing Consumer Protection and Innovation in Broadband Markets (FTC Hearings, ICLE Comment 9)

Geoffrey A. Manne & Kristian Stout
FTC Hearings on Competition & Consumer Protection in the 21st Century. Comments of the International Center for Law & Economics: Properly Balancing Consumer Protection and Innovation in Broadband Markets: The Competition Law and Economics of Vertical Restraints in Broadband. Hearing #10 (Mar. 20, 2019). Submitted May 31, 2019.
Antitrust & Consumer Protection