On a forward looking basis, one of the most important issues confronting communications policymakers will be the extent to which facilities-based broadband providers will be subject to public utility-like "open access", "net neutrality" or non-discrimination obligations by whatever name. Because there will always be those that want to share the facilities (or "ride on top of the physical layer") of companies who have invested in building out new networks, fighting these proposals is likely to unite the cable operators, telcos, wireless companies, and others who own their own networks.
 
For a scholarly--and persuasive--study explaining why such "net neutrality"proposals are likely to deter new investment and inhibit the development of new competition, the paper we released on Friday by Professor Christopher Yoo of Vanderbilt Law School is well worth the read. It is sure to make an important contribution to the public's understanding that prohibitions on vertical integration impose real costs.