Media and Communications Policy
at a Critical Juncture
University of Wyoming
Joel Kelsey, Policy Analyst
September 25th, 2008
“communications”?
“mass-media”?
Foundation
• Broadly speaking, communications policy and
regulation has been broken up into three major
categories:
– Common carriage (telegraph)
– Interconnection requirements (telephone)
– Scarcity management (radio, wireless)
• All had different starting points, ultimately culminating
in “the Act” (1934 Communications Act).
• All deal in some way – or provide some insight – into
regulating gatekeepers to a networked
communications environment
At a Crossroads
• Deregulation of 80’s and 90’s
• Broadband + Digital Technology = Game Changer
• New “communications network” is shifting
conventional wisdom about “mass media”
Reaching an Audience: Access to
Infrastructure
Access to Comm Infrastructure
Access to Knowledge
Networked Environment
Freedom to speak / be heard
IP threats
Justice Issues Exposed
Community Media
New Digital Tools
Skills Training
Open Distribution Network
Open, Affordable, Accessible
Networks
Neutrality
IP and Copyright of Source Code
New Era
• Investment in Infrastructure
• FCC v. Brand X (2005) - the United States Supreme Court upheld
the FCC’s right to categorize cable broadband providers as “information
services.” The practical import of these technical classifications has been to
release broadband services from most anti-discrimination, common carriage or
line-sharing obligations.
• Net Neutrality Debate
NETWORKED
ENVIRONMENT
*FROM GLOBAL PARTNERS AND THE
FREEDOM OF EXPRESSION PROJECT
CONTENT LAYER
Material that the network transmits.
APPLICATIONS LAYER
Software that allows end users to
access, store, navigate content.
CONNECTIVITY AND CODE
LAYER
Protocol used to transmit or
transport communications signals
over the network.
PHYSICAL LAYER
Network hardware and
infrastructure that transmits signals
and is required by end users and
ISPs.
Policy Pressure Points
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•
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Comcast-BitTorrent Complaint and Petition
Text Message Petition
Net Neutrality Legislation (S.215 and H.R.5353)
700 MHz Spectrum Auction
Broadcast White Spaces
Universal Service Reform
Oversight of mergers
– Verizon / Alltell
– Google / Yahoo!
– Microsoft / Yahoo!
– Sprint / Clearwire
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