Cable Competition for Apartments

  Federal regulators plan to throw out exclusive cable television service contracts with apartment buildings and open up competition to phone companies, according to a published report. Under FCC Chairman Kevin Martin's proposal, cable companies, such as Comcast and Time Warner would no longer have exclusive deals with apartment buildings and other multiunit dwellings to provide cable TV to building Read More

Internet Tax Ban Extended

  The U.S. House of Representatives has voted to extend an Internet tax moratorium for four years, despite calls from the tech industry to permanently bar state and local governments from taxing Internet access. The House voted to extend the moratorium on taxes on Internet access fees and “other taxes unique to the Internet” until November of 2011. Senate and Presidential action on the bill is still Read More

Antitrust Analysis of Google and Doubleclick

  A new legal article, entitled “An Antitrust Analysis of Google’s Proposed Acquisition of DoubleClick” takes a look at the relevant product markets necessary to evaluate the potential merger.   Proponents of the acquisition argue that the two firms do not compete because Google primarily provides search and text based advertising, while Doubleclick provides graphic-based advertising. Thus, the merger Read More

Online Gambling Bill Challenged

  The Unlawful Internet Gambling Enforcement Act (UIGEA), a bill passed last year in an 11th hour port security bill, is being challenged as unconstitutional by a gambling trade group. The federal government is arguing for UIGEA’s constitutionality, holding that Congress has the right to make such laws to regulate interstate commerce.   Despite already missing its deadline to provide Read More

Antitrust Divide Between the USA and EU

  The European Commission found in 2004 that Microsoft had abused its market dominance by making it difficult for its products to interoperate with those of its rivals. Specifically, Microsoft’s tying of the Windows Media Player to the Windows operating system attracted the ire of the EU. The Commission ordered Microsoft to offer a version of Windows without the Media Player and also fined Microsoft $613 Read More

Evolution of Software Antitrust

  The antitrust decree issued against Microsoft in 2002 is schedule to expire in November of 2007. Several states and the District of Columbia are attempting to extend the decree beyond its current expiration date, to 2012. The states argue that the decree has not been effective in reducing Microsoft's market share. Microsoft opposes any extension, arguing that the decree has nothing to do with market Read More

Free Internet Proposed for Vacated Spectrum

  Microsoft has joined the fray in the battle for new uses of spectrum scheduled to be vacated by analog television signals in 2009. Microsoft wants to use the vacated airwaves, known as white space, to provide free high speed internet access to people not on networks owned by wireless providers like Verizon, ATT and Sprint. TV-spectrum-based Internet service has the potential to be less expensive and more Read More

Abolishing Consumer Arbitration

  Arbitration clauses in consumer, employment, and franchise agreements may soon be absolved in most cases. The US Congress is currently considering the Arbitration Fairness Act of 2007 (AFA), which declares that no arbitration agreement in place prior to an arising dispute shall be valid or enforceable if it arises under any statute intended to protect civil rights or other contracts between parties of Read More

Battle For Wireless Spectrum Part III

  The FCC will rule on the upcoming auction of spectrum being vacated by air-borne television signals tomorrow. The guidelines for the auction are being carefully watched by numerous wireless providers, as well as some newcomers, such as Google, who has offered to spend billions of dollars on the spectrum, assuming that some of the spectrum is “open source” available to any wireless network Read More

Battle For Wireless Spectrum Part II

  As recently discussed in the CyberLawg, wireless spectrum bidding is heating up. The FCC today announced its support for open bidding on a certain range of spectrum expected to fetch approximately $15 Billion, which will primarily benefit the federal government. The plan supported by a majority of FCC commissioners would include an open-access requirement that would give consumers more choices for wireless Read More