broadband

Supreme Court Questions Broadband Provider Liability for User Misconduct

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Intermediary liability—when a company should be liable for users’ misuse of its product by users—has been a long-standing issue in tech policy. Two years ago, the Supreme Court dismissed a case alleging Twitter aided and abetted terrorism by allowing ISIS to recruit on its platform. This week, the Court weighed in again, hearing argument in a case involving a billion-dollar judgment against broadband provider Cox Communications for failing to terminate accounts suspected of copyright infringement. The case raises significant questions about copyright enforceability, broadband providers’ role as gateways to the internet, and digital equity concerns. The justices seemed doubtful that notification of user misuse was sufficient to trigger liability, although they struggled to find an alternative that balanced the equities of the case.

Continue reading →

Analyzing the Charter-Cox Merger

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this year, Charter Communications, Incorporated and Cox Communications announced a $34.5 billion proposed merger. If completed, the combined company would become both the largest cable television provider and the largest broadband provider in the country.

At first glance, one might be concerned about a proposal to merge the second and third-largest cable providers into a single behemoth. But to describe the merger in these simplistic terms fails to appreciate both the challenges facing companies in mature industries and the revolutionary changes affecting the telecommunications industry. This proposed deal is not a power grab, but a rational response to a maturing, intensely competitive market. That’s the argument that I’ve made in my latest article as part of the Free State Foundation’s Perspectives series.

Continue reading →

NTIA Streamlines BEAD Program, But Risks Further Delays

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

On June 6, the National Telecommunications & Information Administration (NTIA) issued its long-awaited overhaul of the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) program. This new policy notice repeals many administrative burdens imposed by Biden-era NTIA oversight and aligns the program more closely with Congress’s original intent. This revised guidance promises to enhance broadband deployment by increasing flexibility and reducing costs to taxpayers. But it also risks further delays in a program already criticized for its sluggish rollout—and in the meantime, private enterprise is closing many of the coverage gaps BEAD sought to address.

Continue reading →

The House Should Act Quickly to Repeal the Illegal, Expensive E-Rate Expansion

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Earlier this month, the Senate passed S.J.Res.7. The resolution, sponsored by Senator Ted Cruz, would repeal a Biden-era Federal Communications Commission (FCC) rule allowing E-Rate funds to subsidize Wi-Fi hotspot lending programs for off-campus use. This well-intentioned but misguided rule violates clear statutory limits on agency power and threatens an increasingly unstable Universal Service Fund (USF). The House should follow the Senate’s lead to revoke this initiative before the estimated June 4 deadline for congressional action.

Continue reading →

Breaking Down a Big Week in the Net Neutrality Case

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

While the eyes of much of the country were on Pennsylvania and Georgia last week, the tech community was focused on Cincinnati, where the Sixth Circuit Court of Appeals heard arguments in the net neutrality case. As I’ve noted before, it’s unwise to predict a decision based on oral argument alone. But the arguments signaled that the court is far more interested in the merits of the case than most anticipated. This post discusses that shift, while acknowledging that events last Tuesday may ultimately overshadow those on Halloween.

Continue reading →

Facing Cable Cord-Cutting, Cities Fight to Tax Broadband

/ BC Law Impact Guest Posts / Leave a comment

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

Broadband has been a bright spot in America’s grim inflationary landscape. While consumer prices rose 4.9 percent last year, two recent reports show that consumer broadband prices fell, both in absolute terms and cost per gigabyte. But where many see a victory, some cities sense an opportunity. Stung by declining cable franchise fees, local governments are pushing to tax broadband. This effort faces severe regulatory headwinds, but if successful could erode consumer gains and drive broadband prices higher.

Continue reading →