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Toward A Next Generation Regulatory Strategy

Phil Weiser

University of Colorado Law School

Loyola University Law Journal, Vol. 35, pp. 41-85

The FCC is now facing a set of issues that will help shape the future evolution of the Internet and the role of government in its development. In particular, the FCC is in the midst of designing a regulatory regime for broadband platforms. To do so, the FCC must decide both on the appropriate regulatory classification for such platforms and what legal rules (if any) should govern access to such platforms. This Article explains how the FCC, using its "ancillary jurisdiction" authority under Title I of the Communications Act, can develop a reactive regulatory regime that examines allegations of discriminatory access based on a factual record through complaint proceedings. This approach envisions that the FCC would not follow the prescriptive model of regulation (such as that provided by common carrier regulation), but instead would develop a common law, "antitrust-like" model that would focus on competition policy concerns that actually arise.

Number of Pages in PDF File: 45

Keywords: Computer Inquiries, broadband, Title I authority, FCC

JEL Classification: L5, L9

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Date posted: October 31, 2003  

Suggested Citation

Weiser, Phil, Toward A Next Generation Regulatory Strategy. Loyola University Law Journal, Vol. 35, pp. 41-85. Available at SSRN: http://ssrn.com/abstract=454380 or http://dx.doi.org/10.2139/ssrn.454380

Contact Information

Phil Weiser (Contact Author)
University of Colorado Law School ( email )
401 UCB
Boulder, CO 80309
United States

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