Next month, a new book entitled Captive Audience:  The Telecom Industry and Monopoly Power in the New Gilded Age (Yale University Press 2012) from Cardozo Law School Professor Susan Crawford will hit the bookshelves.  According to her publisher’s blurb, Professor Crawford’s book will examine how the United States has “created the biggest monopoly since the breakup of Standard Oil a century ago.”  But what is this “monopoly” to which Professor Crawford refers?  While the publisher’s promotional blurb is silent on this question, according to a 2010 paper authored by Professor Crawford in the Yale Law and Policy Review, it appears that she is talking about …
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What is the effect of regulation on investment?  At a high level of abstraction, it is impossible to say.  Rate-of-return regulation, for example, is criticized by economists for possibly encouraging too much investment—a principle known as the Averch-Johnson Effect.  On the other hand, if a firm fears that the regulator will alter the rules in a way that reduces the ability to earn profits on large, long-term capital investments, then the incentive to make such investments is reduced.  Importantly, the issue is not, as some claim, just about “regulatory uncertainty.”  There could be great uncertainty about future rule changes, but if the expectation is that …
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One of the major stories that came out of CES last week was (in the words of the Wall Street Journal) the “flood” of new Internet content and mobile devices reaching consumers’ living rooms.  In fact, this has been the story coming out of CES for the past few years.  Given such developments, it continues to puzzle me not only that the FCC refuses to announce, at least formally, that it intends to drop its ill-conceived AllVid paradigm, but that it also refuses to announce that it intends to seek to sunset Section 629 of the Communications Act altogether. By way of quick background, Section …
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