Telecom Déjà Vu: A Model for Sharing in the Broadband Internet

Abstract

There is significant debate over whether there remains a last-mile broadband bottleneck. In this paper, we explore what might be the nature of this bottleneck and review options for regulatory responses. Building on our work in CommAct2021, we expand on our discussion of the need for a reformed Communications Act and FCC to have a capability to mandate shared access to potential bottleneck facilities in the Internet ecosystem. We explain why this framework will require public utility-like regulatory authority, which should be used sparingly since it is inconsistent with the evolution toward light-handed market-based regulation. We review the lessons from earlier efforts to mandate sharing and explain why the earlier approach based on common carrier Title II is problematic and why we think our proposal for a new Title II as part of a new Communications Act offers a better path forward.