Comments of the International Center for Law & Economics, United States et al. v. Deutsche Telekom AG et al.; Proposed Final Judgment and Competitive Impact Statement

The Unconstitutionality of the FCC’s Leased Access Rules

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.

Regulatory Comments

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

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.

Regulatory Comments

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

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.

Regulatory Comments

BRIEF OF RICHARD A. EPSTEIN, KEITH N. HYLTON, THOMAS A. LAMBERT, GEOFFREY A. MANNE, HAL SINGER, AND WASHINGTON LEGAL FOUNDATION, IN SUPPORT OF Petitioner in 1-800 CONTACTS, Inc. v. Federal Trade Commission

Introduction and Summary of Argument Building and maintaining a successful brand is no small task. First you must spot a widespread need or desire that . . .

Amicus Brief