The
report examines four cases studies of regulation in the communications
sector:
- The artificial distinction between “local” and “long-distance”
calling in telecommunications regulation
- The 1996 Telecommunications Act’s costly failure with regard to local
network unbundling
- Deregulation, reregulation, and deregulation of cable television
rates
- The AOL-Time Warner Merger
Dr. Crandall uses these examples to explain how
well-intentioned regulation can lead to unintended consequences that have
detrimental effects on consumers, like foregone investment in broadband
infrastructure. He states:
In each of these examples of
policymaking in the communications sector, technological change – and the
associated market changes – helped to render a policy decision unnecessary or
irrelevant. In each case, legislators and regulators could not predict the
future changes in market conditions brought about by changing technologies and
consumers’ adaptation to these changes, leading to serious policy errors with
adverse effects on consumer welfare.
Dr.
Crandall concludes that regulators should be careful not to impede investment
in new technologies, like 5G, through regulatory interventions. And in the context of mergers, agencies generally should not impose regulatory conditions of approval because oftentimes technological innovation quickly renders the conditions outdated or irrelevant.
As I stated in
a blog
last week, U.S. mobile data traffic is projected to grow fivefold from 2017
to 2022 and the deployment of 5G technology is expected to create 3
million jobs, $275 billion in investment, and $500 billion in annual
economic activity. In order for consumers to enjoy these projected economic
benefits, as Dr. Crandall states, legislators and regulators must exercise humility when considering
laws and regulations in the dynamic broadband marketplace.