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Analyzing the Charter-Cox Merger

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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.

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Carr Reins in FCC Overreach on School Wi-Fi

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

Federal Communications Commission (FCC) Chairman Brendan Carr has been in the news a lot lately. Under his energetic leadership, the agency has pursued an ambitious agenda at a breakneck pace. And while he has taken flak (including from me) for some of his high-profile controversies—perhaps most notably threatening Jimmy Kimmel like a second-rate Jersey mob boss—he deserves significant credit for the less flashy efforts his team is taking behind the scenes to restore the agency’s proper role and rein in the prior administration’s excesses. One such effort was last month’s decision to terminate E-Rate funding for Wi-Fi hotspot lending and school bus Wi-Fi access. While the merits of those programs can be debated, they clearly exceeded the statute’s bounds, and the FCC was right to rein them in.

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A Sit Down Chat with BC Law Legend Professor Bloom

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Generations of BC Law alumni have found common ground in relating their experiences with the institution’s most revered fixtures, names like Hillinger, Brodin, Blum, and Katz. This week, I had a chat with Professor “Bob” Bloom, an alum himself and a remarkable legal educator whose one-of-a-kind style has left an indelible mark on any student privileged enough to take his courses (BC Law Magazine published a lengthy Q&A with him last spring; read that here).

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Court Strikes Down Law Regulating Election-Related AI Content

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

By reducing traditional barriers of content creation, the AI revolution holds the potential to unleash an explosion in creative expression. It also increases the societal risks associated with the spread of misinformation. This tension is the subject of a recent landmark judicial decision, Babylon Bee v Bonta (hat tip to Ajit Pai, whose social media account remains an outstanding follow). The eponymous satirical news site and others challenged California’s AB 2839, which prohibited the dissemination of “materially deceptive” AI-generated audio or video content related to elections. Although the court recognized that the case presented a novel question about “synthetically edited or digitally altered” content, it struck down the law, concluding that the rise of AI does not justify a departure from long-standing First Amendment principles.

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Prison Call Order Delays Reform of Market Ripe for Disruption

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

Earlier this summer, the Federal Communications Commission (FCC) unexpectedly delayed implementation of its 2024 prison call order until 2027. The order, which was mandated by Congress and had bipartisan support in the agency and on Capitol Hill, sought to correct long-standing market distortions through a combination of cost-based pricing and competition-friendly rules. The delay was requested by incumbent providers and correctional facilities based on unexpected implementation challenges. But this postponement is unfortunate, coming right as new entrants such as Ameelio are poised to challenge those incumbents and perpetuating inefficiencies, high costs, and limited innovation in a sector ripe for disruption.

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Empathy: The driving force of entrepreneurship

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For people facing long odds, an entrepreneurial mind-set matters

This post was originally published in the Boston Business Journal. Authors & Innovators is a regular column by Larry Gennari, a transactional lawyer, BC Law adjunct professor and founder of Project Entrepreneur, and chief curator of Authors & Innovators, an annual business book and ideas festival.

About 77 million Americans have a criminal record. Experts expect that number to be 100 million by 2030. For the estimated 600,000 people returning home from incarceration annually, a criminal record creates substantial barriers to obtaining housing, employment, government benefits and continuing education, due to myriad federal and state restrictions. Getting an ID and finding a job — any job — are immediate priorities. No surprise that recidivism rates for returning citizens range from 29% to 59%, depending on the state.

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Surprise! USF Decision Signals Admin Law Revolution, But Not the One We Expected

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

Late last month, the Supreme Court decided FCC v. Consumers Research. Although an undercard among the Court’s last-day decisions, the case was closely watched in administrative law circles as a potential vehicle for revitalizing the moribund Nondelegation Doctrine. But as predicted after oral argument, the Court found this was not the right case to do so. The big surprise was Justice Kavanaugh’s concurrence, which likely killed future efforts to reform nondelegation, but also signaled big news ahead for the law governing independent agencies.

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NTIA Streamlines BEAD Program, But Risks Further Delays

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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.

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

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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.

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So, Are We Gonna Ban TikTok, Or…?

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

It has been 373 days since Congress enacted the TikTok divest-or-ban law, 105 days since the Supreme Court unanimously upheld the law as constitutional, and over three months since the ban was scheduled to take effect. Yet except for a brief Inauguration Day interruption, the Chinese-controlled app has been, and remains, readily available in the United States, collecting data on 170 million Americans—data that could potentially be exploited by foreign adversaries.

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