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62 Fed. Comm. L.J. [i] (2010)

handle is hein.journals/fedcom62 and id is 1 raw text is: 'FEDERAL COMMUNICATIONS LAW JOURNAL Formerly FEDERAL COMMUNICATIONS BAR JOURNAL VOLUME 62 JANUARY 2010 NUMBER 1 Introduction Advancing Consumer Interests Through Ubiquitous Broadband: The Need for a New Spectrum By Commissioner Meredith Attwell Baker ............................................... 1 Comprehensive and long-term spectrum reform can play a critical role in the FCC's development of a National Broadband Plan and in its consideration of Open Internet rules. More efficient and intensive use of the nation's spectrum resources would help provide a path to greater broadband deployment, competition and innovation for all consumers. Wireless and mobile technologies hold great promise to offer consumers new services to complement, extend, or even replace existing broadband offerings. A comprehensive review of the nation's spectrum policy is, therefore, necessary to ensure that wireless and mobile broadband services are not hamstrung by outdated rules or command-and-control spectrum allocations. Spectrum reform should include three main components. First, the FCC should focus on understanding how existing spectrum allocations are used currently while ensuring that all existing allocations are made available to providers in a timely manner. Second, the FCC should review its allocation and spectrum sharing rules to promote more efficient spectrum usage. Third, the FCC should ensure its regulatory approach fosters innovative technologies and more efficient uses of spectrum. Articles Creating Effective Broadband Network Regulation By D aniel L. Brenner ......................................................................... 13 The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for network neutrality or nondiscrimination assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This Article's chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation-a key assumption of some advocates. The Article analyzes three characteristics that hobble the FCC, which is the likeliest federal agency to provide prescriptive rules. First, the record for the

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