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Net Neutrality Policies and Regulation in the United States

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  • Jamison Mark A.

    (Public Utility Research Center, University of Florida, Gainesville, FL, USA)

Abstract

The US debate about net neutrality has been unusually contentious for a telecommunications regulatory issue, most recently culminating in a 2017 reversal of a 2015 decision to apply traditional telephone regulations, written for a monopoly era, to internet service providers. This article reviews this history, beginning 1956 when the government first imposed an industry boundary between transmission of information on the one hand, and the creation and processing of information on the other. This regulatory legacy remains embedded in US law and has led to some of the muddle. This article also examines the academic literature relating to net neutrality. On this, the answers found in the literature vary depending on assumptions made about technology, industry structure, and industry practices. When the answer to the question of whether regulations are beneficial is “it depends,” and the scenarios that give different answers are realistic, it would seem that the policy approach should favor applying competition and consumer protection laws that address problems when they occur rather than ex ante regulations, which would be certain to harm at least in some situations.

Suggested Citation

  • Jamison Mark A., 2018. "Net Neutrality Policies and Regulation in the United States," Review of Network Economics, De Gruyter, vol. 17(3), pages 151-173, September.
  • Handle: RePEc:bpj:rneart:v:17:y:2018:i:3:p:151-173:n:1
    DOI: 10.1515/rne-2018-0041
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    References listed on IDEAS

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    1. Reggiani, Carlo & Valletti, Tommaso, 2016. "Net neutrality and innovation at the core and at the edge," International Journal of Industrial Organization, Elsevier, vol. 45(C), pages 16-27.
    2. Joshua S. Gans & Michael L. Katz, 2016. "Weak versus strong net neutrality: correction and clarification," Journal of Regulatory Economics, Springer, vol. 50(1), pages 99-110, August.
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    4. Shane Greenstein & Martin Peitz & Tommaso Valletti, 2016. "Net Neutrality: A Fast Lane to Understanding the Trade-Offs," Journal of Economic Perspectives, American Economic Association, vol. 30(2), pages 127-150, Spring.
    5. Economides, Nicholas & Tåg, Joacim, 2012. "Network neutrality on the Internet: A two-sided market analysis," Information Economics and Policy, Elsevier, vol. 24(2), pages 91-104.
    6. Jan Krämer & Lukas Wiewiorra, 2012. "Network Neutrality and Congestion Sensitive Content Providers: Implications for Content Variety, Broadband Investment, and Regulation," Information Systems Research, INFORMS, vol. 23(4), pages 1303-1321, December.
    7. Broos, Sébastien & Gautier, Axel, 2017. "The exclusion of competing one-way essential complements: Implications for net neutrality," International Journal of Industrial Organization, Elsevier, vol. 52(C), pages 358-392.
    8. Musacchio John & Schwartz Galina & Walrand Jean, 2009. "A Two-Sided Market Analysis of Provider Investment Incentives with an Application to the Net-Neutrality Issue," Review of Network Economics, De Gruyter, vol. 8(1), pages 1-18, March.
    9. Jay Pil Choi & Doh-Shin Jeon & Byung-Cheol Kim, 2015. "Net Neutrality, Business Models, and Internet Interconnection," American Economic Journal: Microeconomics, American Economic Association, vol. 7(3), pages 104-141, August.
    10. Joshua Gans, 2015. "Weak versus strong net neutrality," Journal of Regulatory Economics, Springer, vol. 47(2), pages 183-200, April.
    11. Broos, Sébastien & Gautier, Axel, 2014. "Competing one-way essential complements: the forgotten side of net neutrality," LIDAM Discussion Papers CORE 2014064, Université catholique de Louvain, Center for Operations Research and Econometrics (CORE).
    12. Hermalin, Benjamin E. & Katz, Michael L., 2007. "The economics of product-line restrictions with an application to the network neutrality debate," Information Economics and Policy, Elsevier, vol. 19(2), pages 215-248, June.
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    Cited by:

    1. Vogelsang Ingo, 2018. "Net Neutrality Regulation: Much Ado about Nothing?," Review of Network Economics, De Gruyter, vol. 17(3), pages 225-243, September.

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