Brandeis’s Framework for Antitrust and Competition

Brandeis’s view of progressive governance meant that the government could improve itself and the lot of its people. The Brandeisian approach to competition has five parts; together they comprise the framework for progressive governance in the field of competition. 1. Antitrust and Social Issues. 2. Translating Social Issues Statutory Commands. 3. The Institutional Approach. 4. The Role of Competition. 5. The Spirit of Experimentation. Louis Brandeis viewed America itself as an experiment.

We Must Let Our Minds Be Bold

With publication of Louis Brandeis: A Man for This Season by the Colorado Technology Law JournalJon Sallet and the Benton Foundation are offering this new series adapted from that article to demonstrate that progressive competition policy incorporated both the goals and the means that Brandeis believed would provide the strongest tools to fight against the trusts and the monopolies of his day.

The Latest Round of FTC Competition and Consumer Protection Hearings

The Federal Trade Commission this week held another set of hearings on Competition and Consumer Protection in the 21st Century. The hearings and public comment process this Fall and Winter will provide opportunities for FTC staff and leadership to listen to experts and the public on key privacy and antitrust issues facing the modern economy. The hearings are intended to stimulate thoughtful internal and external evaluation of the FTC’s near- and long-term law enforcement and policy agenda.

Competition Policy for an Open Internet Ecosystem

In my Georgetown Law Technology Review article, I propose a new policy framework to restore an open Internet ecosystem.

Setting the Bar for Public Funding: Aiming Higher with the Connect America Fund

[Commentary] How can we improve the biggest tool to closing the digital divide in the Federal Communications Commission’s toolbox: the Connect America Fund. Back in 2011, the FCC adopted a performance goal for the Connect America Fund of ensuring universal access to fixed broadband and concluded it would measure progress towards this outcome based on the number of newly served locations — but it did not articulate any concrete vision for when this universal service goal might be achieved.

To Close the Digital Divide, Governments Need Future Proof Broadband Definitions

Now is time for the Federal Communications Commission to restructure its fixed broadband definitions so that they better reflect consumer demand and market realities and are more resilient to the accelerating pace of technological change. In addition, the International Telecommunications Union (ITU) and the Broadband Commission for Sustainable Development (Broadband Commission) should lead an effort to develop globally-harmonized and future-proof broadband definitions, that do not continually relegate people in some countries to second class connectivity.

Connectivity in the Time of COVID

During the COVID-19 pandemic, the necessity of broadband became incontrovertible. Attending school, working from home, visiting a doctor, and accessing government services all relied on reliable broadband connections. For many, bridging the digital divide emerged as an even-more-urgent priority. We’ve tracked the stories that best explain the complexities of the digital divide and the crucial policy responses. Here’s our list. 

FCC Releases 2020 Communications Marketplace Report

With this second 2020 Communications Marketplace Report, the Federal Communications Commission fulfills the requirement set forth in RAY BAUM’S Act of 2018 to provide a comprehensive evaluation of the state of competition in the communications marketplace in the US. As required, this Report assesses the state of all forms of competition in the communications marketplace; the state of deployment of communications capabilities; barriers to competitive entry, including market entry barriers for entrepreneurs and other small businesses.

The U.S. Internet Is Being Starved of Its Potential: 2020 in Review

So long as our local, state, and federal governments do not prioritize delivering future-proofed infrastructure to all people, our ability to make full use of the 21st century Internet will be limited. What the Internet becomes in the mid-to-late 21st century will not be an American story, unless we aggressively course-correct our infrastructure policies soon.

Internet 2021: Here's what the new year will (and won't) bring

Take an ordinary household of four. Everyone owns a smartphone, a PC, and a smart speaker. In addition, everyone shares two tablets, two gaming consoles, and a pair of 4K TVs. These days, it's a safe bet everyone's using these devices a lot. By Broadband's Now Bandwidth Calculator's reckoning you should have at least a 180 Mbps connection. Good luck getting that in many places. Making matters worse, few of us have any real choice in ISPs. No matter where you live more internet misery is coming.