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Background Paper on Modernization of Communications Law and Regulations to Accelerate Investment

Background

Information and communications technologies form the foundation for how business is conducted in today's economy. Advanced networks with global reach form the trade and knowledge highways for the 21st century. The Internet’s technologies are at the core of these networks. However, outdated laws and regulations fail to recognize new challenges and circumstances and without modernization will inhibit innovation, competition and economic growth. Reforms are required to ensure that the Internet remains a driver of economic, cultural and societal growth.

Action Needed

The existing telecommunications regulatory framework does not fit today’s communications marketplace. What is required is a far more rigorous and comprehensive effort to ensure that the governing regulatory framework is appropriately tailored to today’s broadband marketplace, and that outdated and needlessly burdensome rules do not stand in the way of continued investment and innovation. Federal government agencies acting in this area should repeal outdated and unnecessary regulations and burdensome reporting requirements. This should be accomplished by a date certain, set to allow the transition from antiquated, legacy telephone technology to the IP networks of tomorrow. Federal agencies should also reorient their regulatory approach with the following focus:

  • Rely on policy models that allow the market and the Internet’s existing structures to work and focus on addressing actions or developments that harm competition or consumers.
  • Resist predictive judgments about technology and consumer preferences to allow innovation to flourish.
  • Adopt a data-driven and fact-oriented approach to regulatory policy.
  • Where rules exist, conduct periodic reviews to eliminate duplicative outdated rules based on changes in technology and marketplace developments since the rule was enacted.
  • Embrace a renewed respect for the limits of agency authority.
  • Eliminate duplication of oversight at the federal level and in line with the national and global reach of the Internet, limit state or local regulation of these technologies.

Please note: This document is current only as of the date listed above.

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