Publications: Joe Kane

Brief of the International Center for Law & Economics and ITIF as amici curiae in support of petitioners and setting aside the Commission’s Order. The digital discrimination rule the FCC issued in its order is inconsistent with the IIJA. It is so expansive as to claim regulatory authority over major political and economic questions, and it is arbitrary and capricious.

Spectrum auction authority and ACP extension have been difficult policy problems for over a year now. There is room for mutually reinforcing solutions to both, but that delicate balance should ensure that we don’t trade away long-term ACP sustainability.

There is no more important broadband policy goal than realizing the benefits of connectivity for all Americans. The draft item’s decision to reclassify broadband as a Title II service is counterproductive to those values, and an FCC that prioritizes connectivity and the public interest would not adopt it.

The Federal Communications Commission’s proposal proceeding to reclassify broadband Internet access service as a Title II common carrier service endangers the success of the U.S. broadband ecosystem and the long-term benefits of connectivity to all Americans.

These best practices should guide the National Telecommunications and Information Administration and all federal agencies as they implement the National Spectrum Strategy.

The dichotomy between dynamic spectrum sharing and exclusive licensing is a false one. Reliable, full-power access is possible within a dynamic sharing framework if the FCC auctions super-priority rights to commercial users.

Since Title II for the Internet is now even more likely to be not just bad policy but bad law too, the FCC would be better off abandoning the current proceeding and instead focusing on policies that actually improve broadband for consumers.

Ensuring that all Americans experience the benefits of universal connectivity requires the Commission to double down on what works, not abandon it for utility-style regulation.

The implementation of the National Spectrum Strategy should ensure studies prioritize opening spectrum for commercial use. The Strategy will be a failure if agencies resist change rather than being active collaborators in opening spectrum to commercial users.

In an era where connectivity is paramount, the United States must seize the opportunity to recalibrate its approach to spectrum to ensure it remains at the forefront of the evolving wireless landscape.