The Future of FCC Broadband Authority – DC 5/27

On May 27 2010 the Berkman Center for Internet & Society at Harvard University and the Wharton School of the University of Pennsylvania will bring together academics and policy analysts to consider the implications of the recent FCC decision to opt for a “third way” in asserting its jurisdiction to implement policy for broadband service to U.S. homes.

On what basis, if any, does the FCC exercise jurisdiction over broadband access in pursuit of national goals? FCC Chairman Genachowski announced on May 6 that he intended to pursue a “Third Way” between the current “ancillary authority” approach and full imposition of Title II “telecommunications service” obligations on Internet providers. Just what does this approach mean for the future of broadband competition, Internet-based innovation, and the National Broadband Plan? At this non-partisan event, legal experts and former senior policy-makers will analyze how the U.S. arrived at this point, and what steps the FCC and other branches of government should take now.

Session 1: The History and Context of the Debate

  • Moderator Kevin Werbach (The Wharton School, Univ. of Pennsylvania)
  • John Nakahata (Partner, Wiltshire & Grannis; former Chief of Staff, FCC)
  • Jessica Rosenworcel (Sr. Counsel, Senate Commerce Committee)
  • John Windhausen (Telopoly; former Sr. Counsel, Senate Commerce Committee)

transcript | ogv

Session 2: The Third Way – What Happens Next?

  • Moderator Kevin Werbach (The Wharton School, Univ. of Pennsylvania)
  • Yochai Benkler (Harvard Law School)
  • Susan Crawford (Univ. of Michigan Law School)
  • James Speta (Northwestern University Law School)

-Jon Nuechterlein (WilmerHale)

transcript | ogv