Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Communications Law (3)
- Social and Behavioral Sciences (3)
- Antitrust and Trade Regulation (2)
- Business (2)
- Computer Law (2)
-
- Economics (2)
- Industrial Organization (2)
- Internet Law (2)
- Science and Technology Law (2)
- Technology and Innovation (2)
- Communication (1)
- Communication Technology and New Media (1)
- First Amendment (1)
- Intellectual Property Law (1)
- Law and Economics (1)
- Law and Psychology (1)
- Political Economy (1)
- Public Affairs, Public Policy and Public Administration (1)
- Science and Technology Policy (1)
- Science and Technology Studies (1)
- Publication
- File Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Copyright, Neuroscience, And Creativity, Erez Reuveni
Copyright, Neuroscience, And Creativity, Erez Reuveni
Erez Reuveni
It is said that copyright law’s primary purpose is to encourage creativity by providing economic incentives to create. Accepting this premise, the primary disagreement among copyright stakeholders today concerns to what extent strong copyrights in fact provide efficient economic incentives. This focus on economic incentives obscures what is perhaps copyright doctrine’s greatest weakness—although the primary purpose of copyright law is to encourage creativity, copyright doctrine lacks even a rudimentary understanding of how creativity functions on a neurobiological level. The absence of a cohesive understanding of the science of creativity means that much of copyright theory is premised on antiquated assumptions …
Turning Points In Telecommunications History, Paul J. Larkin Jr.
Turning Points In Telecommunications History, Paul J. Larkin Jr.
Paul J Larkin Jr.
The telecom industry is one of the most important sectors of the American economy, and it has undergone massive changes since the days of Alexander Graham Bell. My article offers a light-hearted summary of the Top Ten most important such developments.
Turning Points In Telecommunications History, Paul J. Larkin Jr.
Turning Points In Telecommunications History, Paul J. Larkin Jr.
Paul J Larkin Jr.
The telecom industry is one of the most important sectors of the American economy, and it has undergone massive changes since the days of Alexander Graham Bell. My article offers a light-hearted summary of the Top Ten most important such developments.
Margin Squeeze In Mexican Mobile Telecommunications, Víctor Pavón-Villamayor
Margin Squeeze In Mexican Mobile Telecommunications, Víctor Pavón-Villamayor
Víctor Pavón-Villamayor
No abstract provided.
The Evolution Of Regulation: 20th Century Lessons And 21st Century Opportunities, John W. Mayo
The Evolution Of Regulation: 20th Century Lessons And 21st Century Opportunities, John W. Mayo
John W Mayo
Abstract: Reflections on the evolution of regulatory policies over the past half-century afford the ability to not only identify important drivers to this evolution, but also to identify elements of regulation and deregulation that have been most successful in practice. The common element of these successes has been that they are "results-based." Based on these successes, this paper develops a model of "results-based regulation" through the identification of a set of principles that can used to guide 21st century regulatory practice. A consideration of regulation in the modern telecommunications industry serves as a proof of concept for the model of …
The Evolution Of Regulation: 20th Century Lessons And 21st Century Opportunities, John W. Mayo
The Evolution Of Regulation: 20th Century Lessons And 21st Century Opportunities, John W. Mayo
John W Mayo
Abstract: Reflections on the evolution of regulatory policies over the past half-century afford the ability to not only identify important drivers to this evolution, but also to identify elements of regulation and deregulation that have been most successful in practice. The common element of these successes has been that they are "results-based." Based on these successes, this paper develops a model of "results-based regulation" through the identification of a set of principles that can used to guide 21st century regulatory practice. A consideration of regulation in the modern telecommunications industry serves as a proof of concept for the model of …
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
An Innovation-Centric Approach Of Telecommunications Infrastructure Regulation, Konstantinos Stylianou
Konstantinos Stylianou
This paper considers the mechanics and role of innovation in telecommunications networks, and explains how regulation can be designed to maximize innovation. To better focus on the relationship between innovation and regulation an effort is made to distinguish innovation from competition, although the two concepts are closely related, and several reasons are presented on why the fast changing, networked and technical nature of telecommunications offers a very favorable environment for innovation to thrive, as well as why innovation benefits from a large number of actors. Moreover, the paper further explains that even small players are useful in the innovation process …
The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak
The Need For Better Analysis Of High Capacity Services, George S. Ford, Lawrence J. Spiwak
GEORGE S FORD
In 1999, the Federal Communications Commission (“FCC”) began to grant incumbent local exchange carriers (“LECs”) pricing flexibility on special access services in some Metropolitan Statistical Areas (“MSAs”) when specific evidence of competitive alternatives is present. The propriety of that deregulatory move by the FCC has been criticized by the purchasers of such services ever since. Proponents of special access price regulation rely on three central arguments to support a retreat to strict price regulation: (1) the market(s) for special access and similar services is unduly concentrated; (2) rates of return on special access services, computed using FCC ARMIS data, are …
Incentivize Me!—How Incumbent Carriers In The United States Attempt To Extract Greater Deregulation And Incentives In Exchange For Making Next Generation Network Investments, Rob M. Frieden
Rob Frieden
Incumbent carriers often vilify the regulatory process as a drain on efficiency and an unnecessary burden in light of robust marketplace competition. Some claim that regulation creates disincentives for investing in expensive next generation networks (“NGNs”), particularly if regulations mandate unbundling of services into composite parts, with burdensome interconnection and below market pricing of access by competitors. Both incumbents, prospective market entrants and recent market entrants may seek to tilt the competitive playing field to their advantage typically by securing a regulatory sanction that helps them reduce investment costs, delay having to make an investment, or secure a competitive advantage …
A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng
A Tale Of Two Competition Law Regimes--The Telecom-Sector Competition Regulation In Hong Kong And Singapore, Thomas K. Cheng
Thomas K. Cheng
Competition law has seen very active development in Asia in recent years. Ironically, Hong Kong and Singapore, as two of the freest and most competitive economies in the region, long held a skeptical attitude towards competition law. Singapore enacted its first cross-sector competition law in 2004, some say only due to American pressure. For years, the Hong Kong government defended its sectoral model and insisted that the city had no need for a cross-sector competition law. However, that obstinate attitude shifted in March 2007, when the government announced that Hong Kong would follow Singapore's footsteps. Until the new law is …
Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang
Thailand And Its Shortcut Towards General Competition In Telecommunications Industry, Piyabutr Bunaramrueang
piyabutr bunaramrueang
It is commonly known that telecommunications industry requires a specific set of regulations in dealing with its own critical issues, particularly of asymmetric regulation in its context of natural monopoly. Today in the digital age, telecommunications industry is transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The United States and the European Union have provided the most advanced examples in this area which have being developed for more than a century. Nonetheless, each country has its own conditions and specific requirements. For examples, the United States possesses very strong systems interplaying …
Telecommunications In Transitioning Towards General Competition: A Comparative Study On Interconnection In The U.S., The Eu And Thailand, Piyabutr Bunaramrueang
Telecommunications In Transitioning Towards General Competition: A Comparative Study On Interconnection In The U.S., The Eu And Thailand, Piyabutr Bunaramrueang
piyabutr bunaramrueang
Telecommunications industry is generally known for its specific set of regulations in dealing with its own critical issues, particularly of competition in the context of natural monopoly and asymmetric regulation. Interconnection is the major condition which is intensely regulated. Nonetheless, telecommunications regulations are transitioning towards general competition meaning that the specific conditions are fading out; specific rules are becoming unnecessary. The regulation of interconnection is now in question. The United States and the European Union have provided the most advanced examples which have been developing for more than a century. However, each country has its own conditions and specific requirements. …
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Robert M. Frieden
Neither Fish Nor Fowl: New Strategies For Selective Regulation Of Information Services, Robert M. Frieden
Rob Frieden
Neither Fish Nor Fowl: New Strategies for Selective Regulation of Information Services Rob Frieden Professor, Penn State University 102 Carnegie Building University Park, Pennsylvania 16802 (814) 863-7996; rmf5@psu.edu web site: http://www.personal.psu.edu/faculty/r/m/rmf5/ The Federal Communications Commission (“FCC”) has created a dichotomy between telecommunications and information services with an eye toward limiting traditional common carrier regulation to the former category. This regulatory dichotomy provides the basis for exempting most Internet-mediated services from traditional telephony regulation that requires carriers to provide nondiscriminatory network interconnection even with competitors. To support its deregulatory mission the FCC has found ways to subordinate the telecommunications components in …
The Public Network, Thomas B. Nachbar
The Public Network, Thomas B. Nachbar
Thomas B Nachbar
This article addresses the timely yet persistent question of how best to regulate access to telecommunications networks. Concerns that private firms may use their ownership of communications networks to their own economic advantage has led many to propose restrictions, variously referred to as “network neutrality” or “open access” proposals, on network operators. To date, the network neutrality debate has focused almost exclusively on economic arguments for or against such regulation. Taking a step back from current debates, this paper seeks to derive from established law the accepted bases for imposing nondiscrimination rules and then to work forward to ask whether …
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
Telecommunication Regulation Of Thailand And Its Commitments Of Progressive Liberalization To Wto, Piyabutr Bunaramrueang
piyabutr bunaramrueang
Domestic regulation of telecommunication services sector is a part of the obligations and specific commitments under the General Agreement of Trade in Services (GATS) of WTO. Reference paper is the instrument that includes a set of the regulatory disciplines resulted from the negotiations, and based on the principles of objective, transparent and non-discriminatory manner. Thailand, as a participant of the negotiations, has undertaken those disciplines with few modifications as additional commitments; however, the modifications are not objective comparing to those of other participants. Nonetheless, it is a possibility that Thailand might undertake the Reference Paper eventually as a whole. To …