9/17/2018 Class 8 Network Industries, Spring, 2014 Interconnection and Data Roaming Randal C. Picker James Parker Hall Distinguished Service Professor.

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Presentation transcript:

9/17/2018 Class 8 Network Industries, Spring, 2014 Interconnection and Data Roaming Randal C. Picker James Parker Hall Distinguished Service Professor of Law The Law School The University of Chicago 773.702.0864/r-picker@uchicago.edu Copyright © 2000-14 Randal C. Picker. All Rights Reserved.

Akamai, The State of the Internet, 3Q 2013 September 17, 2018 Akamai, The State of the Internet, 3Q 2013

Verizon Wireless, 4 Apr 2014 September 17, 2018 9/17/2018 Source: http://www.verizonwireless.com/wcms/consumer/4g-lte.html September 17, 2018 Verizon Wireless, 4 Apr 2014

September 17, 2018 Radio Act of 1927

September 17, 2018 Radio Act of 1927

License Modification September 17, 2018 Radio Act of 1927

Radio Licensing Regime September 17, 2018 47 USC 301

Radio Licensing Regime September 17, 2018 47 USC 303(b,r)

License Modification September 17, 2018 47 USC 316(a)(1)

September 17, 2018 FCC Auction Homepage

Initial Set of FCC Spectrum Auctions September 17, 2018

Initial Set of FCC Spectrum Auctions September 17, 2018

1994 Nationwide Narrowband (PCS) Auction Results September 17, 2018

Pending Listed FCC Auctions September 17, 2018 Pending Listed FCC Auctions

Recently Completed FCC Auctions September 17, 2018 Recently Completed FCC Auctions

Recently Completed FCC Auctions September 17, 2018 Recently Completed FCC Auctions

September 17, 2018 2008 700 MHz Band Auction

September 17, 2018 2008 700 MHz Band Auction

September 17, 2018

September 17, 2018

Spectrum Chart Spectrum Chart 9/17/2018 Spectrum Chart Spectrum Chart http://www.ntia.doc.gov/files/ntia/publications/spectrum_wall_chart_aug2011.pdf September 17, 2018

September 17, 2018 2011 U.S. Spectrum Chart

2011 U.S. Spectrum Chart: 700 MHz Band September 17, 2018

2011 U.S. Spectrum Chart: 700 MHz Band September 17, 2018

2008 700 MHz Auction: Block C 12 REAG Licenses September 17, 2018

2008 700 MHz Auction: Block A 176 EA Licenses September 17, 2018

2008 700 MHz Auction: Block B 736 CMA Licenses September 17, 2018

FCC, 700 MHz Second Report and Order (Aug 10, 2007) September 17, 2018 FCC, 700 MHz Second Report and Order (Aug 10, 2007)

C Block Open Access Requirement September 17, 2018 FCC, 700 MHz Second Report and Order (Aug 10, 2007)

FCC, 700 MHz Reconsideration Order (Mar 1, 2013) September 17, 2018 FCC, 700 MHz Reconsideration Order (Mar 1, 2013)

FCC, 700 MHz Reconsideration Order (Mar 1, 2013) September 17, 2018 FCC, 700 MHz Reconsideration Order (Mar 1, 2013)

Commercial Mobile Service Rules September 17, 2018 47 USC 332(c)(1)

Private Mobile Services Not Common Carriers September 17, 2018 47 USC 332(c)(2)

Commercial Mobile Service Definition September 17, 2018 47 USC 332(d)

FCC Broadband Classification Order (Mar 23, 2007) September 17, 2018 FCC Broadband Classification Order (Mar 23, 2007)

FCC Broadband Classification Order Exclusion of mobile wireless broadband Internet access from commercial mobile service definition September 17, 2018 FCC Broadband Classification Order

Voice Roaming as Common Carrier Status September 17, 2018 FCC Voice Roaming Order (Aug 7, 2007)

Voice Roaming for CMRS as Common Carrier Service September 17, 2018 FCC Voice Roaming Order (2007)

Voice Roaming as Common Carrier Service September 17, 2018 FCC Voice Roaming Order (2007)

Voice Roaming as Common Carrier Service September 17, 2018 FCC Voice Roaming Order (2007)

September 17, 2018 47 USC 201

September 17, 2018 47 USC 153(10)

September 17, 2018 47 USC 202

FCC Data Roaming Order (2011) September 17, 2018 FCC Data Roaming Order (2011)

FCC Data Roaming Order (2011) September 17, 2018 FCC Data Roaming Order (2011)

FCC Data Roaming Order (2011) September 17, 2018 FCC Data Roaming Order (2011)

FCC Data Roaming Order (2011) September 17, 2018 FCC Data Roaming Order (2011)

Data Roaming under Title III Authority September 17, 2018 FCC Data Roaming Order (2011)

Not Section 332, but rather general Title III authority September 17, 2018 FCC Data Roaming Order (2011)

FCC Data Roaming Order (2011) Not Common Carriers September 17, 2018 FCC Data Roaming Order (2011)

Framing FCC Data Roaming Order Ex Ante Definition of Service vs. Ex Post Reconfiguration Compare the spectrum easement approach taken with the open access requirements applied to the C Block auction with the after-the-fact implementation of the voice roaming order and the data roaming order September 17, 2018

Framing FCC Data Roaming Order Alternative Perspectives Ex ante approach requires FCC to specify restrictions in advance, auction bidders can take that into account as well Ex post approach means FCC can tailor spectrum use as situation evolves September 17, 2018

Understanding Common Carriage Status Key Question Can the FCC sidestep the issue of whether it is impermissibly imposing common carriage requirements on wireless data by imposing common carriage lite? Removing a few sticks from the common carriage bundle of sticks? September 17, 2018

Understanding Common Carriage Status FCC Moves Here Get to negotiate with individualized bargaining “Commercially reasonable” prices rather than “just and reasonable” Are these meaningful differences? Can’t the FCC do epsilon-minus common carrier regulation? September 17, 2018