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Right way wrong way: The fading legal justifications for telecommunications infrastructure rights-of-way

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  • Cramer, Benjamin W.

Abstract

Telecommunications providers use rights-of-way to build physical network infrastructure on lands they do not own. Agreements to use these lands are usually made with public landowners such as local governments. Traditional rules for these negotiations are based on public utilities law and the common law of land ownership. Specific rules for telecommunications providers are also based on common carriage and Carrier or Last Resort regulations. Furthermore, the exercise of property rights by local landowners are often mischaracterized by telecommunications companies as burdensome regulation, with policy and jurisprudence following suit. This paper argues that in an era of technological convergence and the erosion of traditional pubic interest responsibilities, there are now fewer justifications for the unfettered usage of publicly-controlled lands by telecommunications firms.

Suggested Citation

  • Cramer, Benjamin W., 2016. "Right way wrong way: The fading legal justifications for telecommunications infrastructure rights-of-way," Telecommunications Policy, Elsevier, vol. 40(10), pages 996-1006.
    • Handle: RePEc:eee:telpol:v:40:y:2016:i:10:p:996-1006
    DOI: 10.1016/j.telpol.2016.05.006
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    References listed on IDEAS

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    1. Priest, George L, 1993. "The Origins of Utility Regulation and the "Theories of Regulation" Debate," Journal of Law and Economics, University of Chicago Press, vol. 36(1), pages 289-323, April.
    2. Frieden, Rob, 2013. "The mixed blessing of a deregulatory endpoint for the public switched telephone network," Telecommunications Policy, Elsevier, vol. 37(4), pages 400-412.
    3. Bauer, Johannes M., 0. "Regulation, public policy, and investment in communications infrastructure," Telecommunications Policy, Elsevier, vol. 34(1-2), pages 65-79, February.
    4. Weisman, Dennis L., 1994. "Designing carrier of last resort obligations," Information Economics and Policy, Elsevier, vol. 6(2), pages 97-119, July.
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    Cited by:

    1. Cramer, Benjamin W., 2022. "The moral hazard of Lax FCC land use oversight for advanced network infrastructure," Telecommunications Policy, Elsevier, vol. 46(1).

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