Class 19 Network Industries, Spring, 2014 Broadband: Legal Framework

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Presentation transcript:

Class 19 Network Industries, Spring, 2014 Broadband: Legal Framework 11/14/2018 Class 19 Network Industries, Spring, 2014 Broadband: Legal Framework 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.

FCC, National Broadband Plan (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

FCC, National Broadband Plan: Goals (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Goals (Mar 16, 2010)

Akamai, The State of the Internet: Broadband Connection Speed 11/14/2018 4Q 2009 4Q 2012 Akamai, The State of the Internet: Broadband Connection Speed November 14, 2018

Akamai: High-Speed Broadband 11/14/2018 4Q 2009 4Q 2012 November 14, 2018 Akamai: High-Speed Broadband

FCC, National Broadband Plan: Avail. of 4 Mbps (Mar 16, 2010) November 14, 2018 FCC, National Broadband Plan: Avail. of 4 Mbps (Mar 16, 2010)

Standard: 4 Mbps download, 1 Mbps upload November 14, 2018 FCC, Eighth Broadband Progress Report (Aug 21, 2012)

FCC, Internet Access Services (as of Dec 31, 2012) November 14, 2018

FCC, 8th BPR: Fixed Broadband by Technology November 14, 2018 FCC, 8th BPR: Fixed Broadband by Technology

FCC, 8th BPR: High Speed Broadband Availability November 14, 2018 FCC, 8th BPR: High Speed Broadband Availability

FCC, 8th BPR: Broadband Adoption Rates November 14, 2018 FCC, 8th BPR: Broadband Adoption Rates

FCC, Internet Access Services (as of Dec 31, 2012) November 14, 2018

FCC, Internet Access Services (as of Dec 31, 2012) November 14, 2018

FCC, Internet Access Services (as of Dec 31, 2012) November 14, 2018

FCC, Internet Access Services (as of Dec 31, 2012) November 14, 2018

FCC NBP: US Wireline Broadband Competition 11/14/2018 FCC NBP: US Wireline Broadband Competition November 14, 2018

FCC (Dec 31, 2012) November 14, 2018

FCC (Dec 31, 2012) November 14, 2018

FCC, NBP: SES and Broadband Adoption 11/14/2018 November 14, 2018 FCC, NBP: SES and Broadband Adoption

November 14, 2018 47 USC 201

November 14, 2018 47 USC 153

November 14, 2018 47 USC 153

November 14, 2018 47 USC 153

47 USC 274: Electronic Publishing by BOCs November 14, 2018

47 USC 274(h)(1): Electronic Publishing by BOCs November 14, 2018

47 USC 274(h)(2): Electronic Publishing by BOCs November 14, 2018

47 USC 274(d): Electronic Publishing by BOCs November 14, 2018

Three Examples POTS BOC Electronic Publishing Plain old telephone service Is this an information service? A telecommunications service? BOC Electronic Publishing Same questions November 14, 2018

Three Examples Amazon 3G Kindle November 14, 2018

November 14, 2018

The Questions in Brand X How should we classify cable broadband Internet services? Is this like POTS? Electronic Publishing? The Amazon 3G Kindle? Is the FCC’s conclusion sustainable under the Chevron standard? November 14, 2018

November 14, 2018 FCC (Mar 14, 2002)

FCC, Cable Modem Order (Mar 15, 2002) November 14, 2018

FCC, Cable Modem Order (Mar 15, 2002) November 14, 2018

FCC, Cable Modem Order (Mar 15, 2002) November 14, 2018

Remote Printing Service 11/14/2018 Remote Printing Service Hypo FedEx will print 100 copies of your document and deliver it anywhere in the world You deliver the document physically to your local FedEd, on paper or on a CD November 14, 2018

Remote Printing Service 11/14/2018 Remote Printing Service Two Versions Local Print, Global Deliver They print the copies locally and ship them around the globe November 14, 2018

Remote Printing Service 11/14/2018 Remote Printing Service Two Versions Remote Print, Local Deliver They use wires to ship the document electronically to a local FedEx at your destination location; they print the copies there and use a truck to deliver them locally November 14, 2018

Remote Printing Service 11/14/2018 Remote Printing Service Questions Do either of these “offer” a telecommunications service? Should we treat these differently? Are these different from the cable modem service offered here? November 14, 2018

Does It Matter How We Form Bundles? 11/14/2018 Does It Matter How We Form Bundles? Bundle 1 Start with traditional phone service; add voice mail; sell together Fake integration? Do we need consumer surveys of relative value of POTS vs. voice mail? Bundle 2 ISP + Fat Pipes = Cable Modem Service November 14, 2018

Post-Brand X FCC Reclassification Order (Sept 23, 2005) November 14, 2018

Post-Brand X FCC Reclassification Order (Sept 23, 2005) November 14, 2018