33 Pages Posted: 20 Jun 2016 Last revised: 15 Jul 2016
Date Written: July 14, 2016
On June 14, 2016, in perhaps one of the most important rulings supporting Federal Communications Commission (FCC) policy, the D.C. Circuit Court of Appeals upheld the FCC's 2015 Open Internet Order laying out network neutrality rules that govern how Internet service providers may price to edge platform users at the point of termination. In this manuscript, we provide a concise historical perspective of the FCC policies, proceedings and court decisions that led to this point and characterize emerging economic policy challenges that the current rules leave unresolved. In particular, we show that by refraining from regulating interconnection agreements and by allowing Internet service providers to engage in novel forms of price discrimination, the FCC has left the door open for certain anti-competitive practices to arise.
Keywords: Broadband Internet Service Provider, Download Caps, Federal Communications Commission, Interconnection, Internet Regulation, Network Neutrality, Open Internet, Price Discrimination, Telecommunications Act
JEL Classification: K23, L13, L23, L42, L51
Suggested Citation: Suggested Citation
Koning, Kendall J. and Yankelevich, Aleksandr, Regulating the Open Internet: Past Developments and Emerging Challenges (July 14, 2016). Quello Center Working Paper. Available at SSRN: https://ssrn.com/abstract=2797366