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Jurisdiction As Competition Promotion: A Unified Theory Of The Fcc's Ancillary Jurisdiction, John F. Blevins
Jurisdiction As Competition Promotion: A Unified Theory Of The Fcc's Ancillary Jurisdiction, John F. Blevins
John F. Blevins
The FCC’s “ancillary jurisdiction” refers to the agency’s residual authority to regulate matters over which it lacks explicit statutory authority under the Communications Act of 1934. Because many of today’s most controversial and consequential policy debates involve new technologies not explicitly covered by that statute, the scope of the FCC’s ancillary jurisdiction has taken on a critical new importance in recent years. In particular, the future of federal Internet policy depends on resolving the questions surrounding ancillary jurisdiction. In this article, I provide a new theory of the FCC’s ancillary jurisdiction, arguing that it is best understood as an authority …
A Fragile Foundation -- The Role Of "Intermodal" And "Facilities-Based" Competition In Communications Policy, John F. Blevins
A Fragile Foundation -- The Role Of "Intermodal" And "Facilities-Based" Competition In Communications Policy, John F. Blevins
John F. Blevins
The communications industry is currently experiencing extensive and rapid deregulation. The policies justifying this deregulation have been constructed upon the concepts of “intermodal” and “facilities-based” competition. At both the federal and state level, regulators and courts have increasingly embraced deregulatory policies that promote – and assume the existence of – these forms of competition. In short, these concepts have become the theoretical foundation of modern communications policy. In the rush to either embrace or reject these forms of competition, policymakers and scholars have not paused to ask whether these two concepts are descriptively meaningful. In this article, I argue that …