Although we don’t always agree, I have a lot of respect for Tim Wu of the University of Virginia Law School and he’s doing some interesting guest blogging over on the Lessig Blog this week. He recently made a post about the principles that should guide the next Telecom Act and lists many that I agree with, some that I do not. Anyway, here’s my own short sketch of what the next Telecom Act should include:
A Simple Framework for The Next Telecommunications Act
First, in general, keep it simple! * focus on a few simple themes / goals * cut out unrelated matters entirely * try to keep it at no more than 10 pages, not 110!
Preamble of Act: 1) a clear statement of the deregulatory purpose of the new Act; 2) reiterate the commitment in the previous Act to a national policy framework in order to provide legal clarity; and, 3) acknowledge the reality of technological convergence and the radically changing nature of this marketplace in light of recent developments
Take a few issues off the table to make the job easier: * Decide what to cover, and what NOT to cover in the bill - might want to consider dividing the bill into two or even three measures - ex: forget about broadcast / HDTV / media ownership / indecency issues
Comprehensive Deregulation Plan for: (a) wireline voice telecom access mandates - greatly curtail list of shared items; pare it back mostly to the local loop - include a clear sunsetting plan for any remaining infrastructure-sharing rules
(b) address universal service subsidies / and access charge reform - try to devise a devolution plan for remaining universal service needs
Immediate Freedom or Continued Regulatory Forbearance for: * cable (just leave them alone; they are the model here for where we need to go) * wireless (ditto, but consider expanding auctions and determine unlicensed set-asides) * high-speed broadband networks (formally firewall it off from traditional telco regs) * VoIP (same as above + consider limiting state and local tax powers)
Jurisdictional Clarifications: * Sort out the jurisdictional issues and consider a fairly sweeping pre-emption of state and local regulation on this front just as we did when we deregulated airlines, trucking and railroads. * Leave states with most or all universal service responsibilities.
Regulatory Classification Issues: * regulatory parity: consider a “MFN clause for communications” to help level playing field (no carrier should be regulated more stringently than its least regulated rival) * eliminate distinct Titles and regulatory classifications * consider allowing common carriers to opt for private carriage status (or vice versa???) (ex: current “Info Services” debate is taking us in this direction anyway)
Procedural Reforms: * Expanded forbearance requirements or sunsets (2 to 5 years) for any remaining rules * Scaling back of FCC size and funding (recall CAB example under Dems)
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