Net Neutrality or Net Neutering: Should Broadband Internet Services be Regulated
The subject of this book – whether or not to extend traditional telecommunications regulation to high-speed or "broadband" access to the Internet – is perhaps the most important issue now facing the Federal Communications Commission. The issue is also ver
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edited by
Thomas M. Lenard Randolph J. May
NET NEUTRALITY OR NET NEUTERING: SHOULD BROADBAND INTERNET SERVICES BE REGULATED
NET NEUTRALITY OR NET NEUTERING: SHOULD BROADBAND INTERNET SERVICES BE REGULATED
edited by
Thomas M. Lenard and Randolph J. May The Progress & Freedom Foundation
THE PROGRESS t r FREEDOM FOUNDATION
Springer
Library of Congress Control Number: 2006924591
ISBN: 10: 0-387-33929-9 ISBN-13: 978-0387-33929-0
e-ISBN-10: 0-387-33928-0 e-ISBN-13: 978-0387-33928-3
© 2006 Springer Science-I-Business Media, LLC All rights reserved. This work may not be translated or copied in whole or in part without the written permission of the publisher (Springer Science-I-Business Media, Inc., 233 Spring Street, New York, NY 10013, USA), except for brief excerpts in connection with reviews or scholarly analysis. Use in connection with any form of information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed is forbidden. The use in this publication of trade names, trademarks, service marks and similar terms, even if they are not identified as such, is not to be taken as an expression of opinion as to whether or not they are subject to proprietary rights. Printed in the United States of America. 9 8 7 6 5 4 3 2 1 springer.com
Contents
Foreword Randolph J. May and Thomas M. Lenard 1 Distribution, Vertical Integration and The Net Neutrality Debate Thomas M. Lenard and David T. Scheffman 2 Network Neutrality and Competition Policy: A Complex Relationship Christopher S. Yoo 3 Are "Dumb Pipe" Mandates Smart Public PoUcy? Vertical Integration, Net Neutrality, and the Network Layers Model Adam Thierer 4 The Importance of Open Networks in Sustaining The Digital Revolution Mark Cooper 5 Local Broadband Access: Primum Non Nocere or Primim Processi? A Property Rights Approach Bruce M. Owen and Gregory L. Rosston
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6 Open Access Arguments: Why Confidence is Misplaced Joseph Farrell
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About the Authors
215
Foreword Randolph J. May and Thomas M. Lenard The Progress & Freedom Foundation
Most of the papers in this book were originally presented at a June 2003 Progress & Freedom Foundation conference entitled, "Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated." As we now publish the suitably updated collection of papers, along with two others, the title remains entirely appropriate. For while calls to mandate rights of access to the broadband networks of cable operators, telephone companies, and other facilities-based broadband providers might ebb and flow, as we write this, the tide is running high. So persistent are calls for mandatory network access rights in the communications world that a book that explores the various facets of Net Neutrality is not likely to be soon outdated. The Policy Statement released by the Federal Communications Commission in September 2005 in its long-running proceedings to establish an appropriate regulatory framework for cable operator
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