The invisible barbecue

Article Abstract:

The political assumptions underlying the negotiation and passage of the Telecommunications Act of 1996 have been largely unquestioned by the press and the academy, despite the fact that the circumstances bear striking resemblance to deals struck by the robber barons of the 1860s and 1870s. The language used to promote telecommunications reform, including the phrases "information superhighway" and "market for eyeballs," has skewed the debate. Self-interested advocates of the Act have attempted to reinforce the authority of broadcasters and the public's role as passive consumers.

Internet, Political aspects, Terminology

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The new video competition: dances with regulators

Article Abstract:

Open video services (OVS) provisions in the Telecommunications Act of 1996 and accompanying FCC regulations will do little to improve competition in local television markets because the regulations serve to erect barriers to entry. The OVS provisions are part of an effort to promote competition by lifting the ban on video services provision by local telephone companies. Despite claims that competition will be promoted, the level of regulation imposed on local video markets continues to be so extensive that incumbents will necessarily be favored over new entrants.

Cable television, Broadband transmission, Broadband

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Physical scarcity, rent seeking, and the First Amendment

Article Abstract:

The physical scarcity doctrine cannot withstand economic and technological scrutiny and should not be used to justify regulation that encroaches on First Amendment rights. Scarcity and the broadcast licensing schemes it has justified serve the rent-seeking interests of dominant broadcasters and politicians. This alliance of government and big business to restrict the access of others to media is just the type of control that the First Amendment was intended to condemn.

Economic aspects, Freedom of speech

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