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Impact of “Title II” Regulation on Communications Investment: A Comparison Between the United States and the European Union

March 6, 2015
By Fred B. Campbell, Jr.

This study, authored by University of Nebraska College of Law adjunct professor and Center for Boundless Innovation in Technology executive director Fred B. Campbell Jr.

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This study, authored by University of Nebraska College of Law adjunct professor and Center for Boundless Innovation in Technology executive director Fred B. Campbell Jr., examines the effect of regulations similar to Title II of the Telecommunications Act on European broadband innovation and market performance, as compared to broadband innovation and performance in the United States.

Campbell writes, “An objective analysis of the data comparing broadband in the US with Europe shows that the US made the right choice in 2002: broad band deployment, competition, and coverage do better in a deregulatory environment than under the Title II-style regulation the EU
adopted in 2002.”

Citing the empirical data, Campbell concludes “the FCC should continue the successful US approach to broadband regulation frst adopted in 2002, not reverse course. Te EU experience has demonstrated that Title II regulation is an anathema to investment in next generation broadband networks — and that the US had it right all along.”