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5 things OTI gets wrong about data caps. Including using the term “data caps.”

Earlier this month, the New America Foundation’s Open Technology Institute (OTI) released a short paper attacking usage-based broadband pricing. Provocatively entitled “Artificial Scarcity,” it...

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Commissioner O’Rielly’s crusade for FCC process reform

Following the harsh spotlight that the net neutrality proceeding placed on the FCC’s operations, there has been renewed interest in the topic of FCC process reform. Late last month, the House Energy...

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The forgotten victim of cord-cutting: Municipal governments

2015 saw cord-cutting grow from an occasional conversation topic to a recognized phenomenon. IHS Technology estimates that over 650,000 subscribers cancelled their pay television subscriptions last...

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It’s time to retire the Equal-Time Rules

Politicians are increasingly becoming a staple of late-night television. Stephen Colbert began his reign on the Late Show with GOP contender Jeb Bush on his couch, and welcomed Vice President Joe Biden...

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Amazon is playing with fire, but shouldn’t get burned by regulators

The Titans of Silicon Valley have long battled for control of the television, that stubborn holdout in the living room that has long resisted being dragged into the Internet age. This battle heated up...

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The FCC’s Open Internet order on the line as the Supreme Court challenges...

A quiet revolution may be brewing in administrative law. For over thirty years, the Chevron doctrine has dominated the legal landscape, requiring courts to give significant deference to federal agency...

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Creative lawyering and the rebirth of the anti-cybersquatting statute

At the height of the late-1990s Internet land grab, Congress passed the Anti-Cybersquatting Consumer Protection Act (ACPA), which sought to bring trademark law to cyberspace by prohibiting the...

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Comcast’s usage-based pricing memo: Much ado about nothing

Net neutrality advocates made much of last week’s reddit post outlining Comcast’s guidance to call center representatives regarding usage-based pricing. The document supposedly “revealed” the company’s...

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How should the FCC classify text messages?

This month, the Federal Communications Commission (FCC) will consider how to regulate a service that most Americans use every day. No, I’m not talking about the Internet and the Open Internet order....

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Usage-based pricing encourages Netflix to become better corporate netizen

Here at TechPolicyDaily.com, we have often discussed the potential benefits of usage-based broadband pricing. Last month, Netflix (a well-known critic of the practice) provided an unusually stark...

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Net neutrality’s next frontier: Usage-based pricing and zero-rating

The Open Internet movement started as a means of protecting consumer welfare in cyberspace. Consumers were the focus of then-FCC Chairman Michael Powell’s 2004 Four Freedoms speech and the subsequent...

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Is this the beginning of the end of the sales-tax-free Internet?

Most consumers know that many online retailers do not collect sales tax unless they have a presence in the buyer’s state. Fewer consumers know that although the seller is under no duty to collect in...

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Setting a budget for the Lifeline program

Throughout his tenure as Federal Communications Commission (FCC) commissioner, Mike O’Rielly has highlighted issues that, while not as headline grabbing as spectrum auctions or net neutrality, are...

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Lifeline: How little the FCC dares to dream

The Federal Communications Commission (FCC) is scheduled to vote today on a proposal to extend its Lifeline program to include broadband access. If successful, the 13 million households that currently...

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The FCC and the no good, very bad day (in court)

Late last month, the Federal Communications Commission (FCC) defended its controversial municipal broadband order before the Sixth Circuit Court of Appeals. As many pundits expected, the agency faced a...

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The FCC should decline activists’ call to arms against zero rating

Most American households spend considerable sums of money each month to access voice, video, and information services over the nation’s telecommunications networks. But some companies have figured out...

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Comcast, Charter, and the future of usage-based broadband pricing

With little fanfare, two big changes came to the world of fixed broadband pricing in the last month. First, the Federal Communications Commission (FCC) approved Charter Communications’ merger with Time...

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Commissioner Pai’s $500 million question highlights ongoing problems with...

Last week, FCC Commissioner Ajit Pai dropped a telecom bombshell: the agency’s Lifeline program, much venerated in Washington circles but often derided outside the beltway, may be wasting nearly $500...

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The First Amendment and the future of net neutrality

I wanted to share some additional thoughts on the net neutrality decision. As fellow TechPolicyDaily-contributor Gus Hurwitz noted in his excellent post earlier this week (and as I discussed...

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Will the Supreme Court take an interest in net neutrality?

Last month’s 184-page net neutrality opinion may be the most significant court decision in the telecom space since the Supreme Court’s Brand X decision a decade ago. In a highly deferential decision,...

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