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

handle is hein.journals/fedcom62 and id is 1 raw text is: 'FEDERAL
VOLUME 62                   JANUARY 2010                      NUMBER 1
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outdated rules or command-and-control spectrum allocations.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.
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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