New Models of Regulation and Inter-Agency Governance

16 Pages Posted: 22 Oct 2003

See all articles by Christopher S. Yoo

Christopher S. Yoo

University of Pennsylvania Law School; University of Pennsylvania - Annenberg School for Communication; University of Pennsylvania - School of Engineering and Applied Science

Abstract

This symposium contribution explores how technological convergence and the shift towards access regulation are fundamentally transforming the basic tools and goals of telecommunications regulation. However, policy makers have largely ignored the manner in which access requirements can forestall the buildout of alternative transmission technologies. Simply put, compelling access discourages investment in new networks by rescuing firms that need network services from having to invest in alternative sources of supply. In addition, forcing incumbent carriers to share their networks cuts those who would like to construct alternative network facilities off from their natural strategic partners. As a result, access remedies can have the perverse effect of cementing existing monopolies into place.

In addition, policy makers have largely overlooked how technological convergence and the shift towards access regulation have undercut the justification for employing cost-based methodologies when setting rates. The more appropriate step at this point would be to adopt the more economically sound approach of basing rates on market prices.

Finally, the advent of convergence is also exerting pressure on the tendency under current law to regulate each communications technology as a universe unto itself. The impending shift to packet-switched architectures promises to cause all networks to become substitutes for one another. Indeed, it is possible to envision a world in which different network technologies act as complements rather than substitutes for one another, with different packets arriving in the house through the most efficient transmission media, a transformation that would pose its own share of regulatory challenges.

Keywords: Telecommunications, regulated industries, cyber-law

JEL Classification: K2, K23, L96, H0

Suggested Citation

Yoo, Christopher S., New Models of Regulation and Inter-Agency Governance. Michigan State Law Review, Fall 2003. Available at SSRN: https://ssrn.com/abstract=429642 or http://dx.doi.org/10.2139/ssrn.429642

Christopher S. Yoo (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom St.
Philadelphia, PA 19104-6204
United States
(215) 746-8772 (Phone)

HOME PAGE: http://www.law.upenn.edu/faculty/csyoo/

University of Pennsylvania - Annenberg School for Communication ( email )

3620 Walnut St.
Philadelphia, PA 19104-6220
United States
(215) 746-8772 (Phone)

University of Pennsylvania - School of Engineering and Applied Science ( email )

3330 Walnut St.
Philadelphia, PA 19104-6309
United States
(215) 746-8772 (Phone)

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