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

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Presentation on theme: "Class 19 Network Industries, Spring, 2014 Broadband: Legal Framework"— Presentation transcript:

1 Class 19 Network Industries, Spring, 2014 Broadband: Legal Framework
11/14/2018 Class 19 Network Industries, Spring, Broadband: Legal Framework Randal C. Picker James Parker Hall Distinguished Service Professor of Law The Law School The University of Chicago Copyright © Randal C. Picker. All Rights Reserved.

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

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

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

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

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

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

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

9 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

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

11 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)

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

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

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

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

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

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

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

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

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

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

22 FCC (Dec 31, 2012) November 14, 2018

23 FCC (Dec 31, 2012) November 14, 2018

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

25 November 14, 2018 47 USC 201

26 November 14, 2018 47 USC 153

27 November 14, 2018 47 USC 153

28 November 14, 2018 47 USC 153

29 47 USC 274: Electronic Publishing by BOCs
November 14, 2018

30 47 USC 274(h)(1): Electronic Publishing by BOCs
November 14, 2018

31 47 USC 274(h)(2): Electronic Publishing by BOCs
November 14, 2018

32 47 USC 274(d): Electronic Publishing by BOCs
November 14, 2018

33 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

34 Three Examples Amazon 3G Kindle November 14, 2018

35 November 14, 2018

36 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

37 November 14, 2018 FCC (Mar 14, 2002)

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

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

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

41 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

42 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

43 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

44 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

45 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

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

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

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