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Consumer sovereignty: New boundaries for telecommunications and broadband access

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  • Cherry, Barbara A.

Abstract

Antitrust and consumer protection laws share a common purpose to facilitate the exercise of effective consumer choice. This article uses this concept of consumer sovereignty to frame analysis of the shifting boundaries between the industry-specific and general business legal regimes for telecommunications and broadband access services. A critical distinction in the temporal sequencing of the evolution of the original industry-specific and general business regimes in the US relative to other nations appears to confer institutional differences for developing and implementing deregulatory policies. In the US, issues of consumer sovereignty are being addressed through an uncoordinated stream of piecemeal litigation primarily through interpretation of numerous savings clauses. By contrast, other nations are demonstrating a greater ability or willingness to conduct a holistic review and coordination of consumer protection remedies.

Suggested Citation

  • Cherry, Barbara A., 0. "Consumer sovereignty: New boundaries for telecommunications and broadband access," Telecommunications Policy, Elsevier, vol. 34(1-2), pages 11-22, February.
    • Handle: RePEc:eee:telpol:v:34:y::i:1-2:p:11-22
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    Citations

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    Cited by:

    1. Cherry, Barbara A., 2015. "Technology transitions within telecommunications networks: Lessons from U.S. vs. Canadian policy experimentation under federalism," Telecommunications Policy, Elsevier, vol. 39(6), pages 463-485.
    2. Cherry, Barbara A., 2014. "Historical mutilation: How misuse of 'public utility and 'natural monopoly' misdirects US telecommunications policy development," 20th ITS Biennial Conference, Rio de Janeiro 2014: The Net and the Internet - Emerging Markets and Policies 106881, International Telecommunications Society (ITS).
    3. de Kervenoael, Ronan & Palmer, Mark & Hallsworth, Alan, 2013. "From the outside in: Consumer anti-choice and policy implications in the mobile gaming market," Telecommunications Policy, Elsevier, vol. 37(6), pages 439-449.
    4. McDonough, Carol C., 2013. "Consumer demand for fixed and mobile broadband," 24th European Regional ITS Conference, Florence 2013 88485, International Telecommunications Society (ITS).
    5. Mwakatumbula, Hilda Jacob & Moshi, Goodiel Charles & Mitomo, Hitoshi, 2019. "Consumer protection in the telecommunication sector: A comparative institutional analysis of five African countries," Telecommunications Policy, Elsevier, vol. 43(7), pages 1-1.
    6. Cherry, Barbara A., 2013. "Policymaking for the PSTN-to-IP transition within federalism: Lessons from US v. Canadian experimentation," 24th European Regional ITS Conference, Florence 2013 88518, International Telecommunications Society (ITS).
    7. Cherry, Barbara A., 2012. "Continuing erosion of consumer protection remedies for telecommunications services in the U.S," 23rd European Regional ITS Conference, Vienna 2012 60384, International Telecommunications Society (ITS).
    8. Cherry, Barbara A., 2011. "Legal gaps under deregulatory broadband policies and the resurgent rise of corporate power," 22nd European Regional ITS Conference, Budapest 2011: Innovative ICT Applications - Emerging Regulatory, Economic and Policy Issues 52207, International Telecommunications Society (ITS).
    9. Cherry, Barbara A., 2011. "Radical experimentation under deregulatory broadband policies: The rise of shadow common carriers," 8th ITS Asia-Pacific Regional Conference, Taipei 2011: Convergence in the Digital Age 52340, International Telecommunications Society (ITS).
    10. Cherry, Barbara A., 2021. "The Legal Battle over Telecommunications Service Classification in the U.S.: From Network Neutrality to Voice-Over-Internet Protocol Service," 23rd ITS Biennial Conference, Online Conference / Gothenburg 2021. Digital societies and industrial transformations: Policies, markets, and technologies in a post-Covid world 238015, International Telecommunications Society (ITS).

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