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Lukas, Nace, Gutierrez & Sachs
RUSSELL D. LUKAS CONSULTING ENGINEERS LUKAS, NACE, DAVID L. NACE ALl KUZEHKANANI THOMAS GUTIERREZ* LEILA REZANAVAZ GUTIERREZ SACHS, LLP ELIZABETH R . SACHS* & DAVID A . LAFURIA OF COUNSEL PAMELA L. GIST GEORGE L. LYON, JR. 8300 GREENSBORO DRIVE, SUITE 1200 TODD SLAMOWITZ* LEONARD S. KOLSKY* MCLEAN, VIRGINIA 22102 BROOKS E. HARLOW* JOHN CIMKO* 703 584 8678 • 703 584 8696 FAX TODD B. LANTOR* J. K. HAGE Ill* STEVEN M. CHERNOFF* JOHN J. MCAVOY* WWW. FCCLAW.COM KATHERINE PATSAS NEVITT* HON. GERALDS. MCGOWAN* TAMARA DAVIS BROWN* JEFFREY A. MITCHELL* ROBERT S. KOPPEL* MARC A. PAUL* *NoT ADMITTED IN VA Writer's Direct Dial (703) 584-8660 [email protected] September 18, 2012 Marlene H. Dortch, Secretary Federal Communications Commission 445 12th Street, S.W. Washington, D.C. 20554 Re: NOTICE OF Ex PARTE PRESENTATION WTDOCKETNO. 10-4 Dear Ms. Dortch: On September 12, 2012, Joe Banos of Wilson Electronics, Inc., Edmond Thomas of Hogan Lovells US LLP, and the undersigned met with David Goldman, Legal Advisor to Commissioner Rosenworcel, to discuss matters pertaining to the above-referenced rulemaking proceeding. During the meeting, the Wilson representatives informed Mr. Goldman of the successful conclusion ofWilson'sjoint efforts with Verizon Wireless to fashion technical specifications for signal boosters that will ensure that the devices can be manufactured, certified, marketed, and operated by consumers without harm to wireless networks. Mr. Goldman was advised of Wilson's support of the Commission's proposal to authorize the use of properly-certified consumer signal boosters by Part 95 rules, pursuant to "4 7 U.S.C. § 307(e). He was also advised that Wilson opposed proposals that the Commission impose a requirement that carriers must consent to the operation of signal boosters on their networks that have already been certified as meeting industry-consensus, Commission-approved technical standards that safeguard network operations. -
Broadcast Television (1945, 1952) ………………………
Transformative Choices: A Review of 70 Years of FCC Decisions Sherille Ismail FCC Staff Working Paper 1 Federal Communications Commission Washington, DC 20554 October, 2010 FCC Staff Working Papers are intended to stimulate discussion and critical comment within the FCC, as well as outside the agency, on issues that may affect communications policy. The analyses and conclusions set forth are those of the authors and do not necessarily reflect the view of the FCC, other Commission staff members, or any Commissioner. Given the preliminary character of some titles, it is advisable to check with the authors before quoting or referencing these working papers in other publications. Recent titles are listed at the end of this paper and all titles are available on the FCC website at http://www.fcc.gov/papers/. Abstract This paper presents a historical review of a series of pivotal FCC decisions that helped shape today’s communications landscape. These decisions generally involve the appearance of a new technology, communications device, or service. In many cases, they involve spectrum allocation or usage. Policymakers no doubt will draw their own conclusions, and may even disagree, about the lessons to be learned from studying the past decisions. From an academic perspective, however, a review of these decisions offers an opportunity to examine a commonly-asserted view that U.S. regulatory policies — particularly in aviation, trucking, and telecommunications — underwent a major change in the 1970s, from protecting incumbents to promoting competition. The paper therefore examines whether that general view is reflected in FCC policies. It finds that there have been several successful efforts by the FCC, before and after the 1970s, to promote new entrants, especially in the markets for commercial radio, cable television, telephone equipment, and direct broadcast satellites. -
The Federal Communications Commission
The Yale Law Journal Volume 82, Number 8, July 1973 A Day in the Life: The Federal Communications Commission Nicholas Johnson* and John Jay Dystel* "I read the news today, oh boyl"-The Beatles "A Day in the Life" For seven years I have struggled with the FCC in an effort to in- ject some rationality into its decision-making process and to reveal its workings to the public. There is reason enough to assert that everything the FCC does is wrong.1 But, like contributions to the literature detailing disasters in given areas of Commission respon- sibility, such assertions are almost universally dismissed as exaggera- tions. And so it is that I have come to try to describe the agency one more time, but from a unique perspective: "A day in the life" of the Federal Communications Commission.2 The day-Wednesday, De- 0 Commissioner, Federal Communications Commission, 1966-1973; B.A., 1956; LL.B., 1958, University of Texas. 10 A.B., Brown University, 1968; J.D., Yale Law School, 1971. Legal Assistant to Commissioner Johnson, 1972-1973. This article reflects the opinion and experience of one FCC Commissioner and is written in the first person. It represents the work, however, of many people. Commissioner John- son was assisted in the preparation of the weekly agenda by his permanent office man- ager and economic and legal assistant, Robert S. Thorpe, and by his other legal assistant for the 1972-1973 term, Larry S. Gage, who also assisted the authors in the preparation of this article. The idea of a "dissent" to an entire Commission agenda was initially dis. -
A Policy and Economic Exploration of Wireless Carterfone Regulation
SYMPOSIUM REVIEW A POLICY AND ECONOMIC EXPLORATION OF WIRELESS CARTERFONE REGULATION George S. Ford, Ph.D.,† Thomas M. Koutsky, J.D.†† & Lawrence J. Spiwak, J.D.††† Abstract Critics assert that certain practices by wireless service providers–such as handset locking, data bandwidth limitations, and control over features included on handsets–unduly hamper the ability of consumers to access advanced data communications services. Whether these wireless service providers should be required to open their networks to users’ choices of wireless handsets has been the † George Ford is the Chief Economist and co-founder of the Phoenix Center for Advanced Legal & Economic Public Policy Studies. Dr. Ford has a Ph.D. in Economics from Auburn University (1994) and has served as a professional economist at the Federal Communications Commission and in the private sector for telecommunications firms, both large and small. Dr. Ford has testified as an expert before many state regulatory commissions and the U.S. Congress. His research has been published in leading academic journals and other legal and economic scholarly outlets. Much of his research has focused on the application of economics and econometrics to public policy issues. †† Thomas M. Koutsky is a co-founder and Resident Scholar of the Phoenix Center for Advanced Legal & Economic Public Policy Studies. Mr. Koutsky is an active speaker, advocate, and writer on issues relating to broadband deployment and telecommunications competition. Mr. Koutsky has extensive experience in both government and in private industry, including serving as a Senior Attorney at the Federal Communications Commission and as Assistant General Counsel at Covad Communications. Mr. -
Hold the Phone by Rob Frieden
ARTICLES HOLD THE PHONE: ASSESSING THE RIGHTS OF WIRELESS HANDSET OWNERS AND CARRIERS Rob Frieden* A BSTRACT Most subscribers in the United States acquire a subsidized handset when they activate or renew wireless telephone service. In exchange for purchasing a handset below cost, these customers must commit to a two-year service term with substantial financial penalties for early termination, and they must accept carrier-imposed limitations on the use of their handsets. Wireless carriers typically lock subscriber access to one carrier and lock out or thwart unaffiliated providers from providing content, software, and applications to these handsets. Limitations on the use of wireless handsets juxtaposes with the Carterfone policy established by the Federal Communications Commission (FCC) forty years ago, which requires all telephone companies to allow subscribers to attach any technically compatible device. Consumers take for granted the right to attach any device to a network that is “privately beneficial without being publicly detrimental.”1 Only recently have some wireless subscribers come to understand the costs of not having complete freedom to use their handsets. Technically sophisticated users have resorted to “self- help” strategies to override carrier locks at the risk of permanently disabling (“bricking”) the handset. * Pioneers Chair and Professor of Telecommunications and Law, Penn State University; email: [email protected]. 1. Use of the Carterfone Device in Message Toll Tel. Serv., 13 F.C.C.2d 420, *4 (1968) (West pagination), recon. denied, 14 F.C.C.2d 571 (1968). 675 676 UNIVERSITY OF PITTSBURGH LAW REVIEW [Vol. 69:675 As wireless networking increasingly serves as a key medium for accessing a broad array of information, communications, and entertainment services, the consequences of locked and restricted access become more significant. -
AT&T and the Changing World of Telecommunications
Book Review Essay The Titanic Remembered: AT&T and the Changing World of Telecommunications Telecommunications in Turmoil: Technology and Public Policy, by Ger- ald R. Faulhaber.* Cambridge, Mass.: Ballinger, 1987. 186 pages. $26.95. Glen 0. Robinsont Gerald R. Faulhaber's Telecommunications in Turmoil: Technology and Public Policy1 chronicles the breakup of AT&T consequent to Judge Harold Greene's approval of the Justice Department-AT&T consent set- tlement in 1982 (colloquially known as the modified final judgment or MFJ).2 Some saw the breakup as a disaster on the order of the sinking of the Titanic:' "they were sad when the great ship went down.' 4 While people mourned the Titanic as a human tragedy, however, probably no one thought of the AT&T breakup in quite that way; Ma Bell was not, after all, mom. Still, she was held in fairly high regard. In contrast to other monopolists we've loved to hate-railroads, gas utilities, broadcast * Associate Professor of Public Policy and Management, The Wharton School, University of Penn- sylvania; director, Fishman-Davidson Center for the Study of the Service Sector; formerly director of strategic planning and financial management at AT&T. t John C. Stennis Professor of Law, University of Virginia; B.A., Harvard, 1958; J.D., Stanford, 1961. The author served as an FCC Commissioner from 1974-76, when some of these events oc- curred, This may account for the occasional defensive tone of my remarks: although the statute of limitations has expired on my participation in FCC decisions, cognitive dissonance is still at work. -
Antitrust 6402 Chapter 1 Slides
Competition Policy in Times of Recovery William E. Kovacic George Washington University Law School AdC Webinar April 22, 2021 Upheaval • Immediate, Continuing Economic Distress • Lasting Damage to Commercial Ecology – Small and medium enterprises • Shocking Stress Test for Public Institutions, Including Competition Agencies Policy Responses • Massive Public Expenditures • Reassessment of Assumptions About Economic Policymaking – When/where is competition useful? • Probing Review of Public Administration Possibilities That Uniquely Arise from Upheaval • Economic Policy – Opportunities to build competition policy into the core of new economic policies, including public expenditure programs • Institutional Design – Competition agencies: innovation by necessity – Operating procedures – Analytical capacity: e.g., Artificial Intelligence – Economy-wide expertise – Cooperation within and across jurisdictions This Afternoon’s Agenda • Global Context: Recognition of Competition as a Pillar of National Recovery Strategy • How Pro-Competition Orientation Can Help Realization of National Economic Goals • Notable, Informative Examples • Personal Views Only • Contact: [email protected] Resources • Anderson, Kovacic, Müller, Salgueiro & Sporysheva, Competition Policy and the Global Economy: Current Developments and Issues for Reflection, 88 GEORGE WASHINGTON UNIVERSITY LAW REVIEW 1421 (2020) • Anderson, Jones & Kovacic, Preventing Corruption, Supplier Collusion, and the Corrosion of Civic Trust: A Procompetitive Program to Improve the Effectiveness -
A Policy and Economic Exploration of Wireless Carterfone Regulation George S
View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by Santa Clara University School of Law Santa Clara High Technology Law Journal Volume 25 | Issue 3 Article 4 2009 A Policy and Economic Exploration of Wireless Carterfone Regulation George S. Ford Thomas M. Koutsky Lawrence J. Spiwak Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation George S. Ford, Thomas M. Koutsky, and Lawrence J. Spiwak, A Policy and Economic Exploration of Wireless Carterfone Regulation, 25 Santa Clara High Tech. L.J. 647 (2008). Available at: http://digitalcommons.law.scu.edu/chtlj/vol25/iss3/4 This Symposium is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. SYMPOSIUM REVIEW A POLICY AND ECONOMIC EXPLORATION OF WIRELESS CARTERFONE REGULATION George S. Ford, Ph.D.,t Thomas M. Koutsky, J.D.tt & Lawrence J. Spiwak, J.D.ttt Abstract Critics assert that certain practices by wireless service providers-such as handset locking, data bandwidth limitations, and control over features included on handsets-unduly hamper the ability of consumers to access advanced data communications services. Whether these wireless service providers should be requiredto open their networks to users' choices of wireless handsets has been the t George Ford is the Chief Economist and co-founder of the Phoenix Center for Advanced Legal & Economic Public Policy Studies. -
Sender Side Transmission Rules for the Internet
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2014 Sender Side Transmission Rules for the Internet Tejas N. Narechania [email protected] Tim Wu Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Internet Law Commons, and the Science and Technology Law Commons Recommended Citation Tejas N. Narechania & Tim Wu, Sender Side Transmission Rules for the Internet, FEDERAL COMMUNICATIONS LAW JOURNAL, VOL. 55, P. 467, 2014; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-400 (2014). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/1864 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. Sender Side Transmission Rules for the Internet Tejas N. Narechania* Tim Wu** TABLE OF CONTENTS I. INTRODUCTION ................................................................................ 468 II. BACKGROUND ................................................................................. 470 A. The Original Antidiscrimination Regime ................................. 470 B. From Computer II to Information Service ................................ 475 III. PRESENT OPTIONS ........................................................................... 479 A. Sender Side -
PHOENIX CENTER POLICY BULLETIN NO. 17 Page 1 of 18
PHOENIX CENTER POLICY BULLETIN NO. 17 Page 1 of 18 PHOENIX CENTER POLICY BULLETIN NO. 17 George S. Ford, Ph.D. Thomas M. Koutsky, J.D. Lawrence J. Spiwak, J.D. April 2007 WIRELESS NET NEUTRALITY: FROM Carterfone TO CABLE BOXES Abstract: Over the past few months there have been calls to impose “wireless net neutrality” rules on the burgeoning United States wireless industry. These critics assert that certain practices by the wireless industry—such as handset “locking” practices, data bandwidth limitations, and control over features included on handsets—unduly hamper the ability of consumers to access and use advanced data communications services and, therefore, require severe regulatory intervention to protect consumers. To correct this perceived market defect, wireless network neutrality advocates essentially seek to turn highly sophisticated wireless telecommunications networks into commodity-based networks. In support of this proposal, wireless network neutrality advocates point to the Federal Communications Commission’s 1968 Carterfone decision and the more recent Cable Navigation Devices rules as examples in which the Commission has taken what they allege to be a similar regulatory approach for both the landline telephone and video programming distribution market. In this BULLETIN we show that neither the mandates of, nor conditions relevant to, Carterfone and the Cable Navigation Devices decisions appear to support the regulatory intervention sought by the wireless network neutrality advocates. Indeed, the Carterfone and Cable Navigation Devices decisions appear to decidedly call for a rejection of the recent proposals for wireless network neutrality. We also discuss the substantial risks that Carterfone-type regulation would commoditize wireless network services in a way that could substantially harm the prospects for entry and competition in the industry. -
Before the Federal Communications Commission Washington, D.C. 20554
Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Implementation of Section 6002(b) of ) the Omnibus Budget Reconciliation ) Act of 1993 ) WT Docket No. 09-66 ) Annual Report and Analysis of ) Competitive Market Conditions With ) Respect to Commercial Mobile Services ) COMMENTS OF CTIA-THE WIRELESS ASSOCIATION® Michael Altschul Senior Vice President and General Counsel Christopher Guttman-McCabe Vice President, Regulatory Affairs Robert F. Roche, Ph.D. Vice President, Research David J. Redl Counsel, Regulatory Affairs CTIA-THE WIRELESS ASSOCIATION® 1400 Sixteenth Street, N.W. Suite 600 Washington, D.C. 20036 (202) 785-0081 Dated: June 15, 2009 SUMMARY Competition is flourishing among facilities-based CMRS carriers and through intermodal competition with other providers. In the remarkably competitive wireless market, carriers differentiate themselves through network reliability and coverage as well as through new service offerings, pricing plans and enhanced handset options. The American economy in general, and customers specifically, are enjoying the benefits of this environment. Prices continue to drop. As CTIA described in a recent filing, the price per minute in the United States is the lowest of the 26 OECD countries measured. Further, the Herfindahl-Hirschman Index measurement for the U.S. wireless industry is also the lowest of the 26 countries. Output and investment remain strong even in the face of an economic downturn and high subscriber penetration. Players in the wireless industry strive to attract new customers while keeping current subscribers satisfied by offering quality service at affordable prices as well as meeting consumer demand for advanced wireless services. In short, all segments of the wireless industry – carriers, manufacturers and application developers – are aggressively competitive. -
Before the Washington, D.C. 20554 in the Matter of Application of Cellco
REDACTED - FOR PUBLIC INSPECTION Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Application of Cellco Partnership d/b/a ) Verizon Wireless and SpectrumCo LLC ) For Consent To Assign Licenses ) WT Docket No. 12-4 ) Application of Cellco Partnership d/b/a ) Verizon Wireless and Cox TMI Wireless, LLC ) For Consent To Assign Licenses ) PETITION TO DENY OF T-MOBILE, USA, INC. Thomas J. Sugrue Andrew D. Lipman Kathleen O’Brien Ham Jean L. Kiddoo Steve B. Sharkey BINGHAM MCCUTCHEN LLP Luisa L. Lancetti 2020 K Street, N.W. Joshua L. Roland Suite 1100 Christopher A. Wieczorek Washington, DC 20006-1806 T-MOBILE USA, INC. Tel: (202) 373-6034 601 Pennsylvania Ave., N.W. Fax: (202) 373-6001 North Building, Suite 800 Email: [email protected] Washington, DC 20004 [email protected] Tel: (202) 654-5900 Email: [email protected] Counsel for T-Mobile, USA, Inc. [email protected] [email protected] [email protected] [email protected] [email protected] REDACTED - FOR PUBLIC INSPECTION SUMMARY The Commission should deny the Applications of Verizon Wireless to acquire the AWS spectrum currently held by SpectrumCo and Cox to prevent an excessive concentration of mobile service spectrum holdings that is contrary to the public interest. The Transactions come before the Commission at a critical time for the future of compe- tition in mobile services, and particularly in mobile broadband. Verizon Wireless, with its extensive holdings of valuable low-frequency spectrum, already has a significant advantage in the industry migration to LTE as the new wireless broadband standard.