Rewriting U.S. Telecommunications Law with an Eye on Europe

James B. Speta ()
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James B. Speta: Northwestern University School of Law

A chapter in Governance of Communication Networks, 2006, pp 11-36 from Springer

Abstract: Abstract The United States needs a new communications law, one that replaces obsolete service-specific regulatory categories with a law that recognises converging technologies and increasing competition. The European Union’s 2002 New Regulatory Framework provides an important example of such a law. This paper discusses a new U.S. law with an eye on the Framework, arguing that the U.S. should generally follow the Framework’s use of competition law reasoning as the trigger for regulation and its emphasis on maintaining interconnection. The paper notes that E.U. competition law, as embodied in the Framework, adopts theories of joint market dominance and monopoly leveraging that do not fit well with U.S. models. And the paper argues that a new U.S. statute must reform spectrum law to eliminate government allocation and uses, as the Framework does not, and take a more limited approach to universal service than does the Framework.

Keywords: Market Power; Voice Over Internet Protocol; Telecommunication Service; Digital Right Management; Universal Service (search for similar items in EconPapers)
Date: 2006
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Persistent link: https://EconPapers.repec.org/RePEc:spr:conchp:978-3-7908-1746-1_2

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DOI: 10.1007/3-7908-1746-5_2

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