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Thursday, April 27, 2006

Net Neutrality: Remembering the Little Ones

News this week that proponents of network neutrality regulation are redoubling their efforts in the Senate reminds us that this legislative battle is far from over [TRDaily subscription required]. Also ongoing is the insistence -- in (virtually) all neutrality proposals -- that regulators pretend consumers will never have a choice of providers using technology other than cable modems and DSL. Sadly, if those favoring this regulation of the broadband Internet emerge victorious, make believe may become real, as I discuss in a recent op-ed.

posted by Kyle Dixon @ 8:32 PM | Broadband, Cable, Communications, DACA, Innovation, Internet, Net Neutrality, VoIP, Wireless, Wireline

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Thursday, April 13, 2006

Progress in the Debate on Local Telecom Reform?

The nationwide debate regarding whether and how states and cities should help regulate digital age communications has evolved considerably in recent months. Thus, it is interesting to note how well areas of developing consensus were anticipated by a working group of university and other scholars back in autumn of last year.

Continue reading Progress in the Debate on Local Telecom Reform? . . .

posted by Kyle Dixon @ 2:24 PM | Broadband, Capitol Hill, Communications, DACA, General, Internet, Municipal Ownership, State Policy, Wireless, Wireline

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Thursday, April 6, 2006

New Neutrality Proposals: Ask Me No Questions, Tell Me No . . .

Thoughtful policymaking requires, at a minimum, that participants offer concrete proposals for effecting their bright ideas. It is primarily in that spirit that this week's proposal to graft a network neutrality mandate onto the Communications Act can be commended [TRDaily subscription required]. The proposal also draws favor to the extent it acknowledges that consumers benefit not only from substantial flexibility in how they use Internet content, applications and devices, but also from escalating broadband transmission speeds and capabilities.

Beyond that, however, this latest attempt to regulate broadband providers -- for acts they might commit in the future, that might undermine consumer welfare and that might not be disciplined by market forces -- demonstrates the difficulty of turning bright ideas about how the Internet should evolve into legislative directives that answer more questions than they raise. And, indeed, proponents of network neutrality mandates should worry that consumers will raise questions.

Continue reading New Neutrality Proposals: Ask Me No Questions, Tell Me No . . . . . .

posted by Kyle Dixon @ 6:54 PM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, The FCC, VoIP, Wireless, Wireline

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Thursday, March 30, 2006

Adjudicating Network Neutrality: Upsides, Downsides and Practical Implications

Much can, and no doubt will, be said about recent efforts to address "network neutrality" concerns by granting the FCC authority to adjudicate disputes relating to its Policy Statement on this issue. Certainly, these efforts can be seen as an important step forward -- at least compared to proposals that Congress mandate network neutrality immediately and in all circumstances. But there are also clear downsides to this "adjudication authority" approach and, in the final analysis, one wonders whether this kind of legislation would change the FCC's behavior as a practical matter.

Continue reading Adjudicating Network Neutrality: Upsides, Downsides and Practical Implications . . .

posted by Kyle Dixon @ 11:47 PM | Antitrust & Competition Policy, Broadband, Cable, Capitol Hill, Communications, DACA, Innovation, Internet, Net Neutrality, The FCC, VoIP, Wireless, Wireline

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Thursday, March 23, 2006

Who's Afraid of the Big Bad Bundle?

Recent reports suggest that "bundling" multiple communications services has not emerged as the "killer app" for attracting or retaining customers. Only a small percentage of subscribers buy bundled services and many of these subs eventually abandon their bundles. Moreover, very few customers have expressed interest in relying on one company to satisfy all of their communications needs, no matter how diverse companies' offerings become. So much for the notion that mergers and the bundling capabilities of the Internet Protocol will transform cable and telephone companies immediately into invincible competitors deserving of regulation.

But the idea that the competitive power of bundles -- if it ever manifests -- may do so only in the future provides another reason why policymakers should be reluctant to regulate service bundles.

Continue reading Who's Afraid of the Big Bad Bundle? . . .

posted by Kyle Dixon @ 11:16 PM | Broadband, Cable, Communications, Innovation, Internet, Net Neutrality, VoIP, Wireless, Wireline

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Thursday, March 16, 2006

Network Neutrality: It's the Jurisdiction, Stupid

As I mentioned in my testimony before the Senate Commerce Committee and again at an economics conference this week, addressing network neutrality concerns on a case-by-case basis can mitigate some of the potential risks associated with prophylactic rules in this area. But it's worth underscoring another benefit that would result if Congress adopted this approach in new legislation: it would clarify government's authority to address the concerns underlying proposed network neutrality mandates.

Continue reading Network Neutrality: It's the Jurisdiction, Stupid . . .

posted by Kyle Dixon @ 8:22 PM | Antitrust & Competition Policy, Broadband, Cable, Capitol Hill, Communications, DACA, Innovation, Internet, Net Neutrality, Supreme Court, The FCC, VoIP, Wireline

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Friday, February 17, 2006

Worms in the Apple?

Reports in today's Washington Post of a new Macintosh computer virus do more than confront users of that operating system with the same vulnerability that the unwashed masses endure daily. These reports point out how quickly and unpredictably threats to the Internet experience can emerge and spread, and how little sense it makes to tie any of our hands in the collective effort to combat those threats.

Continue reading Worms in the Apple? . . .

posted by Kyle Dixon @ 1:02 PM | Broadband, Cable, Capitol Hill, Communications, DACA, Innovation, Internet, Net Neutrality, VoIP, Wireless, Wireline

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Friday, January 27, 2006

Post-Trinko: Toward an Holistic Approach to Antitrust and Broadband Regulation

Given the eminence of the other speakers on yesterday's ABA panel regarding antitrust in the broadband world, it is not surprising that the discussion went far beyond debating various interpretations of the Supreme Court's Trinko decision. We also explored -- the Court's opinion aside -- the extent to which antitrust should serve as a backstop to FCC regulation.

But taking FCC regulation largely as given and then considering the proper role for antitrust may not go far enough; our talk raised issues that made me wish we had considered the interplay between antitrust and regulation more holistically. Given the general agreement that competitive analysis will be a critical element of the government's involvement with broadband going forward, policymakers should begin to develop consensus regarding which arm of government should conduct that analysis and why.

Continue reading Post-Trinko: Toward an Holistic Approach to Antitrust and Broadband Regulation . . .

posted by Kyle Dixon @ 8:21 AM | Antitrust & Competition Policy, Broadband, Communications, Internet, Supreme Court, The FCC, The FTC

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Friday, January 20, 2006

Theoretically Speaking: Trinko and Broadband

Debate lingers regarding the impact of the Supreme Court's decision in Verizon Communications, Inc. v. Law Offices of Curtis V. Trinko, LLP on the application of antitrust law to the highly-regulated communications industry. Some suggest Trinko virtually, if not categorically, displaces antitrust oversight of the industry, while others argue Trinko obviates antitrust oversight only where a court concludes that FCC and state regulators adequately police anticompetitive behavior.

Given this debate (and considerable dicta in Trinko), questions will remain regarding how the decision may affect government efforts to promote competition in communications, especially with respect to broadband services. Yet despite worries that most consumers will never enjoy competition much beyond cable and telephone company offerings, it seems unlikely that broadband providers will be found to violate antitrust laws in the near term, even if Trinko does nothing to curb the scope of such laws.

Continue reading Theoretically Speaking: Trinko and Broadband . . .

posted by Kyle Dixon @ 12:19 AM | Antitrust & Competition Policy, Broadband, Cable, Communications, Innovation, Internet, Net Neutrality, Supreme Court, The FCC, Wireless, Wireline

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Friday, January 6, 2006

Of Puppies and Private Carriage

Like puppies chasing our tails, we telecom wonks can't resist chasing parties' arguments over whether the FCC should reconsider its decision to deregulate DSL and other phone company broadband offerings. Some of this results from the almost-metaphysical allure of revisiting the circular definition of "common carriage"; a company is a common carrier if it holds itself out as a common carrier, even if government requires it to act like a common carrier in the first place.

But competitive companies' arguments are intriguing for another reason: in certain respects they may be as risky for competitors as they are for incumbent phone companies.

Continue reading Of Puppies and Private Carriage . . .

posted by Kyle Dixon @ 11:42 AM | Broadband, Communications

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Friday, November 18, 2005

In Search of Appropriate Social Goals in Communications Regulation

posted by Kyle Dixon @ 1:12 AM | Broadband, Cable, Capitol Hill, Communications, Free Speech, Innovation, Internet, Mass Media, The FCC, Universal Service, VoIP, Wireless, Wireline

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Thursday, November 3, 2005

A Silver Lining to Net Neutrality Merger Conditions?

posted by Kyle Dixon @ 4:02 PM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, The FCC, VoIP, Wireless, Wireline

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Friday, October 14, 2005

Crossing Thresholds: Questioning the Ends and Means of Social Regulation in Communications

posted by Kyle Dixon @ 8:38 PM | Broadband, Cable, Capitol Hill, Communications, General, Innovation, Internet, Mass Media, Net Neutrality, The FCC, Universal Service, VoIP, Wireless, Wireline

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Thursday, September 22, 2005

Property Rights and Flyin' West

posted by Kyle Dixon @ 5:45 PM | Communications, General, IP

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Friday, September 16, 2005

Communications Reform and "Social" Obligations: Looking for Another Way

posted by Kyle Dixon @ 6:27 PM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, The FCC, Universal Service, VoIP, Wireline

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Monday, September 12, 2005

To Be or Not to Be: EBay as Phone Company?

posted by Kyle Dixon @ 3:00 PM | Broadband, Cable, Communications, Innovation, Internet, The FCC, Universal Service, VoIP, Wireline

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Thursday, September 8, 2005

Public Safety Tradeoffs Post-Katrina

posted by Kyle Dixon @ 5:37 PM | Broadband, Capitol Hill, Communications, Internet, Interoperability, The FCC, VoIP, Wireless, Wireline

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Friday, August 26, 2005

Reasonableness in Video Service Deployment

posted by Kyle Dixon @ 1:46 AM | Broadband, Cable, Communications, Wireline

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Thursday, August 25, 2005

GoogleTalk and Net Neutrality: A Cautionary Tale

posted by Kyle Dixon @ 11:39 AM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Supreme Court, The FCC, VoIP, Wireline

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Friday, August 19, 2005

The FCC and Organization Development

posted by Kyle Dixon @ 10:17 AM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Mass Media, Spectrum, The FCC, VoIP, Wireless, Wireline

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Thursday, August 11, 2005

Downsides to Deregulating Broadband??

posted by Kyle Dixon @ 7:00 PM | Broadband, Cable, Communications, Innovation, Internet, Mass Media, Supreme Court, The FCC, Wireless, Wireline

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Net Neutrality Mandates After the FCC's Policy Statement

posted by Kyle Dixon @ 6:05 PM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Supreme Court, The FCC, Wireline

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Thursday, August 4, 2005

Wireline Deregulation: A Broadband Review Lesson

posted by Kyle Dixon @ 9:52 PM | Broadband, Cable, Communications, Innovation, Internet, Net Neutrality, Supreme Court, The FCC, Universal Service, Wireline

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Monday, July 11, 2005

Post-Brand X: A Broader Look at Consumer Protection

posted by Kyle Dixon @ 6:47 PM | Broadband, Cable, Communications

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Thursday, July 7, 2005

Openness Post-Brand X: It begins . . .

posted by Kyle Dixon @ 2:18 PM | Broadband, Cable, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Supreme Court

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Thursday, June 30, 2005

FCC Regulation of Service Bundles??

posted by Kyle Dixon @ 1:30 PM | Broadband, Cable, Communications, Innovation, Internet, VoIP, Wireline

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Tuesday, June 28, 2005

Broadband Post-Brand X: The Long and Winding Road

posted by Kyle Dixon @ 3:50 PM | Broadband, Broadband, Cable, Communications, Innovation, Internet, Net Neutrality, The FCC, Wireline

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Thursday, June 9, 2005

Video Over Fiber: Rhetorical Ironies and Inconsistencies

posted by Kyle Dixon @ 8:28 PM | Broadband, Cable, Communications, Innovation, Internet, Universal Service

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Friday, June 3, 2005

Filling the Ranks

posted by Kyle Dixon @ 4:53 PM | Cable, Communications, Mass Media, The FCC

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Thursday, May 26, 2005

The Ho-Hum on Communications Taxes

posted by Kyle Dixon @ 3:31 PM | Capitol Hill, Communications, General, State Policy, Universal Service

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Tuesday, May 24, 2005

Equal Time for Digital TV, Courtesy of Radio

posted by Kyle Dixon @ 10:07 AM | Communications, Digital TV

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Monday, May 23, 2005

DTV and Wireless Broadband: Come Now, Folks . .

posted by Kyle Dixon @ 5:10 PM | Broadband, Capitol Hill, Communications, Digital TV, Spectrum, Wireless

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Thursday, May 12, 2005

The Broadcast Flag and Minimum Requirements for Broadband

posted by Kyle Dixon @ 1:51 PM | Broadband, Communications, Internet, Net Neutrality, The FCC, VoIP

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Thursday, May 5, 2005

CA Consumer Bill of Rights: It's Baaaaack . . .

posted by Kyle Dixon @ 5:47 PM | Broadband, Capitol Hill, Communications, Net Neutrality, VoIP

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Friday, April 29, 2005

FCC Makes Slew of Important Appointments

posted by Kyle Dixon @ 1:51 PM | The FCC

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Another Lesson from a Mad River, Courtesy of Professor Lessig

posted by Kyle Dixon @ 11:25 AM | Broadband, Cable, Communications, Net Neutrality, The FCC

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Thursday, April 7, 2005

A Little Telecom Reform May Go a Long Way in the Short Run

posted by Kyle Dixon @ 10:52 PM | Broadband, Capitol Hill, Communications, Innovation, Think Tanks

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Tuesday, March 29, 2005

Brand X: Whither FCC Deference?

posted by Kyle Dixon @ 6:11 PM | Broadband, Cable, Communications, Supreme Court, The FCC

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Thursday, March 24, 2005

CableCards Revisited: The Good, the Bad on the Modular

posted by Kyle Dixon @ 9:44 PM | Cable, Digital TV, Economics, Interoperability

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Aspen Conference Kicks Off Federal Institute for Regulatory Law & Economics

posted by Kyle Dixon @ 7:36 PM | Capitol Hill, Communications, Economics, Electricity, Events, General, IP, Think Tanks

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Thursday, March 10, 2005

Broadband and Internet Voice: Lessons from a Mad River

posted by Kyle Dixon @ 6:02 PM | Broadband, Communications, The FCC, VoIP

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Thursday, March 3, 2005

Telco Video and Digital Must Carry: Making a "Problem" Worse

posted by Kyle Dixon @ 5:54 PM | Broadband, Cable, Communications

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Thursday, February 24, 2005

Bush Priorities for Telecom: Another Hopeful Sign

posted by Kyle Dixon @ 8:58 PM | The FCC

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Cable-Telco Video Competition: Beyond Level Playing Fields

posted by Kyle Dixon @ 3:37 PM | Broadband, Cable, Communications, General, State Policy

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Thursday, February 17, 2005

FCC on Wireless Broadband and Must Carry: No Lame Ducks Here

posted by Kyle Dixon @ 11:05 PM | Broadband, Cable, Communications

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Wednesday, February 16, 2005

Rumblings from Boulder: Consensus and Next Steps in Telecom Reform

posted by Kyle Dixon @ 2:55 PM | Antitrust & Competition Policy, Broadband, Capitol Hill, Communications, IP

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Monday, February 7, 2005

Cato Panel on Telecom Reform

posted by Kyle Dixon @ 9:54 PM | Communications

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Do No Harm: Re-writing a Prescription for Cable Competition

posted by Kyle Dixon @ 7:10 PM | Cable

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Friday, February 4, 2005

TV Privacy: The Economics of Creepiness

posted by Kyle Dixon @ 10:53 AM | Cable, Communications

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Thursday, February 3, 2005

Digital State of the Union: Details to Follow (?)

posted by Kyle Dixon @ 1:19 PM | Communications, The FCC

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Monday, January 31, 2005

SBC-AT&T Merger: There they go again . . .

posted by Kyle Dixon @ 2:34 PM | Communications

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Friday, January 28, 2005

Bell-AT&T Mergers: Who's "Unthinking" Now?

posted by Kyle Dixon @ 10:52 AM | Communications

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Wednesday, January 26, 2005

A Plea for Priorities Over Personalities at the FCC

posted by Kyle Dixon @ 3:37 PM | The FCC

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Friday, January 21, 2005

In search (and praise) of successful temperament

posted by Kyle Dixon @ 12:09 PM | The FCC

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Tuesday, January 18, 2005

CableCards, Competition and Modularity in the Digital Age

posted by Kyle Dixon @ 4:39 PM | Broadband, Cable, Communications

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Wednesday, January 5, 2005

More post-holiday shopping -- sigh

posted by Kyle Dixon @ 2:57 PM | Communications, State Policy

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Tuesday, January 4, 2005

Dodging another appellate bullet

posted by Kyle Dixon @ 11:09 AM | Broadband, State Policy, The FCC

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Wednesday, December 15, 2004

TRO: Temporary Restraint in Order

posted by Kyle Dixon @ 2:55 PM | Communications, The FCC

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Tuesday, December 7, 2004

Options narrowed, for now

posted by Kyle Dixon @ 11:37 AM | Broadband

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Monday, December 6, 2004

Look -- up in the sky! It's a bird! It's a . . .

posted by Kyle Dixon @ 2:57 PM | Broadband

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Thursday, December 2, 2004

Universal common denominators in telecom reform

posted by Kyle Dixon @ 2:57 PM | Communications, Universal Service

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Wednesday, December 1, 2004

As visions of cable modems dance in their heads

posted by Kyle Dixon @ 11:23 AM | Cable, Supreme Court

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Friday, November 26, 2004

VoIP compensation debate continues to heat up

posted by Kyle Dixon @ 1:15 PM | VoIP

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Thursday, November 18, 2004

A helping hand reaches out

posted by Kyle Dixon @ 10:12 AM | Communications

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Tuesday, November 16, 2004

Well done, albeit not done yet

posted by Kyle Dixon @ 11:40 AM | The FCC, VoIP

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Wednesday, November 10, 2004

Cause to complain??

posted by Kyle Dixon @ 11:43 AM | State Policy, VoIP

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Tuesday, November 2, 2004

Details, details . . .

posted by Kyle Dixon @ 7:04 PM | Broadband

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Thursday, October 28, 2004

And another thing . . .

posted by Kyle Dixon @ 4:00 PM | The FCC, VoIP

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Friday, October 22, 2004

A Bracing Wind in Boston

posted by Kyle Dixon @ 11:53 AM | Communications

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Tuesday, September 21, 2004

Telecom reform efforts NOT irrelevant

posted by Kyle Dixon @ 5:20 PM | General

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  Net Neutrality: Remembering the Little Ones
Progress in the Debate on Local Telecom Reform?
New Neutrality Proposals: Ask Me No Questions, Tell Me No . . .
Adjudicating Network Neutrality: Upsides, Downsides and Practical Implications
Who's Afraid of the Big Bad Bundle?
Network Neutrality: It's the Jurisdiction, Stupid
Worms in the Apple?
Post-Trinko: Toward an Holistic Approach to Antitrust and Broadband Regulation
Theoretically Speaking: Trinko and Broadband
Of Puppies and Private Carriage
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