Article on Inconsistent Regulatory Treatment of Similar Services

[David Farber <dave () farber net>]

Begin forwarded message:

From: Rob Frieden <rmf5 () psu edu>
Date: June 14, 2005 3:15:53 PM EDT
To: dave () farber net, Ip ip <ip () v2 listbox com>
Subject: Article on Inconsistent Regulatory Treatment of Similar  
Services


Hello All:

        FYI:

         The FCC's Name Game: How Shifting Regulatory  
Classifications Affect Competition



Abstract:
This article examines the consequences in using service definitions  
as the basis for a vertically driven regulatory regime in  
telecommunications despite converging markets and technologies. The  
article examines Internet-mediated telephone service as a case study  
for showing problems resulting from the Federal Communications  
Commission's use of vertical regulatory silos that develop a single  
regulatory status regardless of whether changed circumstances favor a  
change in regulation.

Vertical regulation makes it difficult for incumbent stakeholders to  
change their regulatory classification. Incumbent telephone service  
providers continue to fit within the basic telecommunications  
services, common carrier regulatory model even as newcomers manage to  
provide a competitive alternative that qualifies for little  
regulation based on the information services classification.

The article proposes the use of a horizontal, layered approach to  
regulation consistent with what the European Union has endorsed.  
Adding to what others have written about a layered approach to  
telecommunications regulation, the article identifies likely  
difficulties in the implementation of a horizontal regulatory model,  
and also suggests remedies.


Keywords: Telecommunications, internet, regulation, regulatory asymmetry

Available at: http://papers.ssrn.com/sol3/papers.cfm? 
abstract_id=555243#PaperDownload or http://www.personal.psu.edu/ 
faculty/r/m/rmf5/The%20FCC's%20Name%20Game-Draft.pdf

        Regards, Rob Frieden
Pioneers Chair and Professor of Telecommunications
Penn State University
102 Carnegie Building, University Park, PA  16802
office: (814) 863-7996; fax (814) 863-8161
home: (814) 867-2545
Web page:        http://www.personal.psu.edu/faculty/r/m/rmf5/
Faculty profile: http://www.psu.edu/dept/comm/faculty/frieden.html

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