The DACA Regulatory Framework Workshop today brought the controversial issues into relief. In brief:
--the existential decision between a "layers"/techno-functional approach based on IP-Migration and a FTC/competition policy model as endorsed by the working group. The IP-migration model appears to have some momentum on the Hill. The model, however, still suffers from technological definition problems, and bases itself on making regulatory distinctions based on technology. By contrast, the competition policy/FTC model expands the potential reach of "unfair competition" jurisdiction beyond just the traditional physical networks.
--the need for and extent of an interconnection obligation. And further, whether an obligation could be define so as to minimize the need for price regulation.
--the extent of and array of remedies available upon a finding of "unfair competition".
The workshop brought these issues into further relief. Not that they got any easier, but it at least defines the field for dispute.