Regulatory (de) Convergence: Localism, Federalism, and Nationalism in American Telecommunications Policy

Abstract

This chapter discusses how the issue of statewide cable franchising in the United States reintroduced us to two actors in communication policymaking that have long been dormant: local municipalities and state legislatures. Moreover, it exemplifies both convergence and deconvergence in American telecommunications policy. Convergence occurred through the 1996 Telecommunications Act that allowed multi-modal competition in cable, telephony, and internet. Deconvergence occurred with the emergence of new policy actors. Separately, neither regulatory convergence nor deconvergence are problematic. Their concurrence, however, has led to a state of what critical political economists call “regulatory capture” and “policy failure.” As a result, the public interest is often left unprotected while the various legislative and regulatory bodies vie for jurisdictional authority over cable television.