Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 38

Full-Text Articles in Law

State Net Neutrality, Daniel A. Lyons Oct 2019

State Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

For nearly a century, state regulators played an important role in telecommunications regulation. The 1934 Communications Act gave the Federal Communications Commission authority to regulate interstate telephone service, but explicitly left intrastate calls—which comprised 98% of Depression-era telephone traffic—to state public utility commissions. By the late 2000s, however, as landline telephony faded to obscurity, scholars and policymakers alike recognized that the era of comprehensive state telecommunications regulation had largely come to an end.

Perhaps surprisingly, however, the first years of the Trump Administration have seen a resurgence in state telecommunications regulation—driven not by state institutional concerns, but ...


Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons Jan 2019

Narrowing The Digital Divide: A Better Broadband Universal Service Program, Daniel Lyons

Boston College Law School Faculty Papers

Universal service has long been an integral component of American telecommunications policy. As more activities move online, it becomes increasingly important to narrow the digital divide by helping low-income Americans get online and by extending broadband networks into unserved areas.

Unfortunately, the Federal Communications Commission’s reforms are unlikely to help solve this problem. The Commission is repurposing an $8 billion telephone subsidy program to focus instead on broadband networks. But when pressed, the agency admits that it has no proof that the program meaningfully affected telephone adoption rates, and it offers little evidence that it will fare any better ...


The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons Jun 2018

The Congressional Review Act And The Toxic Politics Of Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Revisiting Net Neutrality, Daniel A. Lyons Nov 2017

Revisiting Net Neutrality, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons Sep 2017

Toll-Free Assignment Modernization And The Triumph Of Coase, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons Dec 2016

Proposed Arbitration Ban Would Be Bad Law And Bad Policy, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons Jun 2016

Net Neutrality’S Path To The Supreme Court: Chevron And The “Major Questions” Exception, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons Jun 2016

How Should Courts Consider Agency Remarks During The Comment Period?, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons Mar 2016

To Narrow The Digital Divide, The Fcc Should Not Simply Extend Lifeline To Broadband, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons Jan 2016

Usage-Based Pricing, Zero-Rating, And The Future Of Broadband Innovation, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Innovations In Mobile Broadband Pricing, Daniel A. Lyons Jan 2016

Innovations In Mobile Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s net neutrality rules sought to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the Commission significantly reduced the amount of innovation possible in the broadband service market. Within limits, broadband providers may offer different plans that vary the quantity of service available to customers, as well as the quality of that service. But they generally cannot vary the service itself: with limited exceptions, broadband providers must offer customers access to all lawful Internet traffic, or none at all. This Article explores the way in which this all-or-nothing homogenization ...


Regulating Interconnection (Lightly!), Daniel A. Lyons May 2015

Regulating Interconnection (Lightly!), Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel A. Lyons Apr 2015

Beyond Net Neutrality: International Examples Enabling Innovation And Consumer Choice In The Mobile Internet Ecosystem, Daniel A. Lyons

Boston College Law School Faculty Papers

The FCC’s new Open Internet rules seek to limit interference by broadband service providers in markets for Internet-based content and applications. But to do so, the rules may significantly reduce the amount of innovation possible in the broadband service market. An aggressive interpretation of the rules suggests that broadband providers are generally required to offer customers access to all lawful Internet traffic, or none at all.

This paper explores the way in which this all-or-nothing homogenization of the American broadband product differs from innovative non-net-neutral practices that are taking root in other countries, particularly in mobile markets. Around the ...


Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons Feb 2015

Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Compelled Disclosure Of Internet Interconnection Agreements Creates Anticompetitive Risks, Daniel A. Lyons Jun 2014

Compelled Disclosure Of Internet Interconnection Agreements Creates Anticompetitive Risks, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Peering Into The Comcast-Netflix Deal, Daniel A. Lyons Mar 2014

Peering Into The Comcast-Netflix Deal, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Restoring Limits On The Fcc's Ancillary Authority, Daniel A. Lyons Dec 2013

Restoring Limits On The Fcc's Ancillary Authority, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


The Challenge Of Voip To Legacy Federal And State Regulatory Regimes, Daniel A. Lyons Apr 2013

The Challenge Of Voip To Legacy Federal And State Regulatory Regimes, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


Internet Policy’S Next Frontier: Data Caps, Tiered Service Plans, And Usage-Based Broadband Pricing, Daniel A. Lyons Mar 2013

Internet Policy’S Next Frontier: Data Caps, Tiered Service Plans, And Usage-Based Broadband Pricing, Daniel A. Lyons

Boston College Law School Faculty Papers

Usage-based pricing has rapidly become one of the most controversial topics in Internet policy. Both wired and wireless broadband providers are migrating from flat-rate pricing to a variety of consumption-based pricing models. Some consumer groups have viewed the change to usage-based pricing with skepticism, fearing it will usher in an era of higher prices, deteriorating service, and increasingly anticompetitive conduct.

This article evaluates the merits of data caps, tiered-service plans, and other usage-based pricing strategies. It finds that usage-based broadband pricing is not inherently anti-consumer or anti-competitive. Rather, it reflects a cluster of pricing strategies through which a broadband company ...


Moving Beyond Cameras In The Courtroom: The Supreme Court, Technology, And The Media, Mary-Rose Papandrea Feb 2013

Moving Beyond Cameras In The Courtroom: The Supreme Court, Technology, And The Media, Mary-Rose Papandrea

Boston College Law School Faculty Papers

From the introduction:

News media, legal blogs, and law reviews routinely cite a panoply of reasons why the Supreme Court will not permit the televising or videotaping of oral arguments: the Justices’ desire for anonymity , the risk that creative editing of sound bites will mislead the public , the risk that the Justices’ question s and comments will be taken out of context , the need to separate the judicial process from the political branches of government, a lack of confidence in the public’s ability to understand the proceedings, and the concern that both the lawyers and the Justices will grandstand ...


Brief For Cato Institute Et Al. As Amici Curiae Supporting Petitioners, City Of Arlington Texas Et Al. V. Federal Communications Commission Et Al., Daniel A. Lyons, Cato Institute, Jonathon H. Adler, Roderick M. Hills Nov 2012

Brief For Cato Institute Et Al. As Amici Curiae Supporting Petitioners, City Of Arlington Texas Et Al. V. Federal Communications Commission Et Al., Daniel A. Lyons, Cato Institute, Jonathon H. Adler, Roderick M. Hills

Boston College Law School Faculty Papers

No abstract provided.


Why Broadband Pricing Freedom Is Good For Consumers, Daniel A. Lyons Nov 2012

Why Broadband Pricing Freedom Is Good For Consumers, Daniel A. Lyons

Boston College Law School Faculty Papers

From the introduction:

Usage-based pricing has rapidly become one of the most high-profile topics in Internet policy. In the past few years, many broadband providers have migrated from all-you-can-eat flat-rate pricing to consumption-based pricing models such as tiered service plans or data caps. This trend has been most prominent in the wireless sector, where monthly limits were an almost inevitable solution to the surge in bandwidth demand unleashed by the smartphone revolution. Some fixed broadband providers have adopted much larger data caps for residential broadband use as well.


The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, Daniel A. Lyons Oct 2012

The Impact Of Data Caps And Other Forms Of Usage-Based Pricing For Broadband Access, Daniel A. Lyons

Boston College Law School Faculty Papers

In recent years, broadband providers have introduced data caps and other plans that charge customers based on use. While regulators have generally approved of this shift, some consumer groups fear that usage-based pricing will lead to higher prices and deteriorating service. They also fear data caps allow companies like Comcast to protect their cable businesses from upstarts like Netflix.

This article evaluates the merits of data caps and other usage-based pricing strategies. Usagebased pricing shifts more network costs onto heavier Internet users. This can reduce costs for others and make broadband more accessible to low-income consumers. Usage-based pricing can also ...


Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons Apr 2012

Technology Convergence And Federalism: The Case Of Voip Regulation, Daniel A. Lyons

Boston College Law School Faculty Papers

From the introduction

The Vermont Supreme Court may soon consider whether federal law permits the Public Service Board to regulate certain voice-over-internet-protocol (VoIP ) services. Across the Hudson, Governor Andrew Cuomo recently sought to bar the New York Public Service Commission from adopting similar regulations. And these states are not alone: from Maine to Florida, several states are considering whether their jurisdiction over traditional telephone service encompasses this new technology, through which nearly one third of American landline households receive telephone service. If so, nationwide VoIP providers could face up to fifty new legal regimes with which they must comply before ...


Net Neutrality And Nondiscrimination Norms In Telecommunications: A Historical Perspective, Daniel A. Lyons Mar 2012

Net Neutrality And Nondiscrimination Norms In Telecommunications: A Historical Perspective, Daniel A. Lyons

Boston College Law School Faculty Papers

“Net neutrality” refers to the principle that broadband providers should not discriminate when transporting content and applications over the Internet. After several years of debate, the Federal Communications Commission adopted binding net neutrality rules in December 2010. The cornerstone of this regime is a binding rule that forbids broadband providers from unreasonably discriminating when delivering Internet traffic.

The prohibition on unreasonable discrimination has a long pedigree in telecommunications law, and net neutrality proponents have long asserted the need to extend that nondiscrimination norm to cyberspace. But the Commission’s net neutrality rules impose far greater obligations on broadband providers than ...


Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel A. Lyons Jul 2011

Tethering The Administrative State: The Case Against Chevron Deference For Fcc Jurisdictional Claims, Daniel A. Lyons

Boston College Law School Faculty Papers

Like many other agencies, the Federal Communications Commission has seen significant regulatory growth under President Obama. But unlike health care, financial reform, and other areas, this growth has come without statutory guidance from Congress. The FCC’s assertion of jurisdiction over broadband service is reminiscent of its earlier attempts to regulate cable and to deregulate telephone service, efforts that courts have viewed skeptically in the absence of specific statutory authorization. But this skepticism is in tension with Chevron, which grants agencies substantial deference to interpret ambiguities in the statutes that they administer.

This article argues that Chevron deference should not ...


The Publication Of National Security Information In The Digital Age, Mary-Rose Papandrea Jun 2011

The Publication Of National Security Information In The Digital Age, Mary-Rose Papandrea

Boston College Law School Faculty Papers

From the Introduction: In one of her speeches on Internet freedom, Secretary of State Hillary Rodham Clinton said that “[t]he fact that WikiLeaks used the internet is not the reason we criticized its actions.” Although Clinton is correct that it is essential to separate the technology WikiLeaks uses from its actions, the digital age has raised new concerns about the unauthorized dissemination of sensitive national security information. New technology has made it much easier to leak and otherwise disseminate national security information. At the same time, leaks continue to play an essential role in checking governmental power and often ...


For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel A. Lyons Nov 2010

For Msnbc, Comcast Represents Not A Threat, But An Opportunity, Daniel A. Lyons

Boston College Law School Faculty Papers

This article discusses the economics and legal ramifications of vertical integration in the cable industry following the proposed merger of Comcast Corporation and NBC-Universal.


The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel A. Lyons Jul 2010

The Coming Fifth Amendment Challenge To Net Neutrality Regulation, Daniel A. Lyons

Boston College Law School Faculty Papers

No abstract provided.


In Re Preserving The Open Internet: Reply Comments Of Professor Daniel A. Lyons, Daniel A. Lyons Apr 2010

In Re Preserving The Open Internet: Reply Comments Of Professor Daniel A. Lyons, Daniel A. Lyons

Boston College Law School Faculty Papers

Reply Comments on FCC Proposed Rulemaking into Net Neutrality