Abstract

http://ssrn.com/abstract=1418121
 
 

Footnotes (224)



 


 



Jurisdiction as Competition Promotion: A Unified Theory of the FCC's Ancillary Jurisdiction


John Blevins


Loyola University New Orleans College of Law

June 11, 2009

Florida State University Law Review, Vol. 36, 2009

Abstract:     
The FCC’s “ancillary jurisdiction” refers to the agency’s residual authority to regulate matters over which it lacks explicit statutory authority under the Communications Act of 1934. Because many of today’s most controversial and consequential policy debates involve new technologies not explicitly covered by that statute, the scope of the FCC’s ancillary jurisdiction has taken on a critical new importance in recent years. In particular, the future of federal Internet policy depends on resolving the questions surrounding ancillary jurisdiction. In this article, I provide a new theory of the FCC’s ancillary jurisdiction, arguing that it is best understood as an authority to promote market competition. More specifically, ancillary jurisdiction has primarily addressed and promoted competition in markets where vertical leveraging is a concern – particularly those involving dominant incumbent infrastructure providers. My argument has both a positive and normative dimension. Descriptively, I offer the novel argument that the competition-promotion framework provides the most persuasive and coherent account of the seemingly incoherent line of cases reviewing the FCC’s ancillary jurisdiction. Normatively, I argue that the FCC’s ancillary jurisdiction should be exercised in this manner, in large part to protect the doctrine’s viability in the face of increasing criticism and to shape it in a way that both promotes competition and limits agency capture.

Number of Pages in PDF File: 58

Keywords: FCC, ancillary jurisdiction, telecommunications, Comcast, Title I

Accepted Paper Series


Download This Paper

Date posted: June 16, 2009 ; Last revised: December 23, 2013

Suggested Citation

Blevins, John, Jurisdiction as Competition Promotion: A Unified Theory of the FCC's Ancillary Jurisdiction (June 11, 2009). Florida State University Law Review, Vol. 36, 2009. Available at SSRN: http://ssrn.com/abstract=1418121

Contact Information

John F. Blevins (Contact Author)
Loyola University New Orleans College of Law ( email )
7214 St. Charles Ave., Box 901
Campus Box 901
New Orleans, LA 70118
United States
HOME PAGE: http://www.law.loyno.edu/faculty-staf/john-f-blevins

Feedback to SSRN


Paper statistics
Abstract Views: 306
Downloads: 45
Footnotes:  224

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo5 in 0.250 seconds