FCC Authority to Regulate the Internet: Creating It and Limiting It, by James B. Speta, Northwestern University School of Law, Loyola University Chicago Law Journal, Vol. 35, No. 15, 2004.
“This short paper discusses the FCC’s authority, under its so-called ancillary jurisdiction (under Title I of the Communications Act), to address competition problems that may arise in Internet markets. It is argued that the FCC likely does not have jurisdiction to address most Internet regulatory issues, because whatever expansive readings such ancillary jurisdiction has received in the past are no longer tenable. The paper proposes, instead, a new, limited statutory interconnection rule, which the FCC could enforce in limited ways in Internet markets.”
