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.

Economic aspects, Prices and rates, Telecommunications services industry, Telecommunications industry, Industry regulations, Telecommunications, Government regulation of business, Trade regulation, Telecommunication, states

---

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.

Analysis, Aliens, Civil rights, War and emergency powers, Censorship, War, Declaration of, Declaration of war

---

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.

Deregulation, Compensation (Law), Regulatory taking (Law)

Similar abstracts:

• Abstracts: Pay for performance. The year of the proactive director: recent developments in the performance and compensation of outside directors
• Abstracts: Quo vadis: the status and prospects of "tests" under the religion clauses. Reason, religion, and avoidable consequences: when faith and the duty to mitigate collide
• Abstracts: Congress clears the way for copyright infringement suits against states: the Copyright Remedy Clarification Act
• Abstracts: Insider trading, debt securities, and Rule 10b-5: evaluating the fiduciary relationship. Insider trading: the misappropriation theory versus an "access to information" perspective

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.