Law Commons^™

State Net Neutrality, Daniel A. Lyons

Daniel Lyons

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 by policy disagreements …

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

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

The Antideficiency Act Charade: A Low-Key Separation Of Powers Drama, Daniel A. Lyons

Daniel Lyons

No abstract provided.

E-Rulemaking And The Politicization Of The Comment Process, Daniel A. Lyons

Daniel Lyons

No abstract provided.

Revisiting Net Neutrality, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Administrative Law Of Deregulation: The Long Road For The Trump Administration To Undo Obama-Era Regulations, Daniel A. Lyons

Daniel Lyons

No abstract provided.

The Right Way To Protect Privacy Throughout The Internet Ecosystem, Daniel A. Lyons

Daniel Lyons

No abstract provided.

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

Daniel Lyons

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 at …

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

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

Protecting States’ Interests In The Brave New World Of Energy Federalism, Daniel Lyons

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

Title Ii Reclassification Is Rate Regulation, Daniel A. Lyons

Daniel Lyons

No abstract provided.

Innovations In Mobile Broadband Pricing, Daniel Lyons

Daniel Lyons

Regulating Interconnection (Lightly!), Daniel A. Lyons

Daniel Lyons

No abstract provided.

Federalism And The Rise Of Renewable Energy: Preserving State And Local Voices In The Green Energy Revolution, Daniel Lyons

Daniel Lyons

The rise of renewable energy has disrupted the traditional regulatory structure governing electricity. Unlike traditional fossil fuel power plants, wind and solar facilities are geographically constrained: they exist where the wind blows and the sun shines. Large-scale renewable energy is more likely to flow interstate, from resource-rich prairie and Southwestern states to energy-hungry population centers elsewhere. The difficulties of coordinating interstate electricity policies have led some to call for greater preemption of the states’ traditional duties as chief regulators of the electricity industry. But while preemption would eliminate some state-level roadblocks to interstate cooperation, it would sacrifice many of the …

Response To Questions In The First White Paper, 'Modernizing The Communications Act', Randolph J. May, Richard A. Epstein, Justin (Gus) Hurwitz, Daniel Lyons, James B. Speeta, Christopher S. Yoo

Daniel Lyons

The House Energy and Commerce Committee has begun a process to review and update the Communications Act of 1934, last revised in any material way in 1996. As the Committee begins the review process, this paper responds to questions posed by the Committee that all relate, in fundamental ways, to the question: "What should a modern Communications Act look like?" The Response advocates a "clean slate" approach under which the regulatory silos that characterize the current statute would be eliminated, along with almost all of the ubiquitous 'public interest' delegation of authority found throughout the Communications Act. The replacement regime …

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

Daniel Lyons

No abstract provided.

Internet Pricing: The Next Policy Frontier, Daniel Lyons

Daniel Lyons

In the past few years, broadband providers have begun shifting toward tiered service plans (sometimes known as usage-based pricing) that offer customers a fixed amount of data each month for a fee. On average, less than 2 percent of users exceed the most commonly-used tier of 300 GB; nearly 80 percent of consumers never exceed even 50 GB per month. Nevertheless, some critics such as Public Knowledge and the New America Foundation are concerned that this trend may bring higher prices and reduced service. Most recently, NAF analyst Benjamin Lennett asked whether tiered service plans are a plot by cable …

The Internet As The World's Biggest Copy Machine, And How Plaintiff's Bar Seeks To Monetize It, Daniel Lyons

Daniel Lyons

On February 23, 2013, Professor Lyons presented at the First Circuit Spring Meeting of the American Bar Association Student Division.

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

Daniel Lyons

Reply Comments on FCC Proposed Rulemaking into Net Neutrality

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, Jonathon H. Adler, Roderick M. Hills

Daniel Lyons

No abstract provided.

Usage-Based Pricing And Net Neutrality, Daniel Lyons

Daniel Lyons

No abstract provided.

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

Daniel Lyons

No abstract provided.

Reforming The Universal Service Fund For The Digital Age, Daniel Lyons

Daniel Lyons

No abstract provided.

The Evolving Internet: Patterns In Usage And Pricing, Daniel Lyons

Daniel Lyons

No abstract provided.

Podcast, Usage-Based Pricing In Broadband, Daniel Lyons

Daniel Lyons

No abstract provided.