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3 J. on Telecomm. & High Tech. L. 275 (2004-2005)
Are "Dumb Pipe" Mandates Smart Public Policy? Vertical Integration, Net Neutrality, and the Network Layers Model

handle is hein.journals/jtelhtel3 and id is 281 raw text is: ARE DUMB PIPE MANDATES SMART PUBLIC POLICY? VERTICAL INTEGRATION, NET NEUTRALITY, AND THE NETWORK LAYERS MODEL ADAM THIERER ABSTRACT Many academics and some public policymakers are increasingly advocating the adoption of regulations mandating open or dumb broadband networks over closed or proprietary systems. While such an open-vs.-closed distinction grossly over-simplifies the issue, it would be a mistake for lawmakers to implement regulations choosing network architectures. Such regulatory proposals are based on the mistaken belief that vertical integration between the layers of the Infernet is inefficient or at least discriminates against firms or consumers operating in other layers. To the contrary, vertical integration can play a vital role in ensuring the development of a more robust broadband marketplace and offering consumers a wider array of service options. Dumb pipe mandates might also have a discouraging effect on competition in the creation of entirely new networks and services if these regulations formally prohibit vertical integration between network layers. Adam Thierer, Senior Fellow and Director, Center for Media Freedom, Progress & Freedom Foundation, Washington, D.C. (www.pff.org) and the author or editor of four books on technology policy. The author wishes to thank Andrew Odlyzko, Bruce Owen, Philip Weiser, Tim Wu, Jeffrey Eisenach, and Daniel Brenner for their comments and suggestions, and Thomas Pearson for his tireless research assistance.