Toward a Next Generation Regulatory Strategy

45 Pages Posted: 31 Oct 2003

See all articles by Phil Weiser

Phil Weiser

University of Colorado Law School


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.

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

JEL Classification: L5, L9

Suggested Citation

Weiser, Phil, Toward a Next Generation Regulatory Strategy. Loyola University Law Journal, Vol. 35, pp. 41-85, Available at SSRN: or

Phil Weiser (Contact Author)

University of Colorado Law School ( email )

401 UCB
Boulder, CO 80309
United States

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