The tragedy of the telecommons: government pricing of unbundled network elements under the Telecommunications Act of 1996
Article Abstract:
State regulators should mandate that incumbent local telephone companies and their competitors agree to price unbundled network elements based on the market-determined efficient component-pricing rule combined with competitively neutral end-user charges. Incumbents and new entrants have been unable to agree on the compensation that incumbents should receive under sections 251 and 252 of the Telecommunications Act of 1996. Without a mechanism to establish fair compensation for incumbent firms, negative network externalities will result in the deterioration of the telephone infrastructure.
Publication Name: Columbia Law Review
Subject: Law
ISSN: 0010-1958
Year: 1997
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War, liberty and enemy aliens
Article Abstract:
A formal declaration of war by Congress actually ensures that non-citizens' rights will not be arbitrarily abridged in times of conflict because the president can not lawfully suspend civil liberties under the Alien and Sedition Act of 1798 until use of force is found to be legitimate. Without congressional ratification of war, both American citizens and non-citizens risk unjustified and broad suspension of civil liberties without the political representation and consideration of alternatives afforded by the legislative process.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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When competition amounts to taking
Article Abstract:
Deregulation without just compensation and recovery of stranded costs can amount to taking and a compensation of shareholder wealth. This can occur in network industries where there is state-mandated interconnection and unbundling at certain prices. This is a state-ordered invasion of the property of the regulated company. Regulators can avoid uncompensated takings by using the 'efficient component-pricing rule' of economists William J. Baumol and Robert Willig to figure out a price for network access.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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