Trade Law Daily is a Warren News publication.

FCC Wholesale Regulation Spurs 'Phony Competition,' Campbell Says

The FCC is promoting "phony competition" through wholesale regulation efforts, said Fred Campbell, executive director of the Center for Boundless Innovation in Technology. "The FCC’s plan to impose monopoly regulation on new fiber deployments to businesses indicates the agency has…

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

forgotten what 'competition' actually means," said Campbell, in a Forbes online commentary Thursday. Regulating the wholesale rates that large telcos charge competitors for business special-access services to create "synthetic competition" may have made sense in the previous "natural monopoly market," he said, but that approach was "discredited" by the emergence of "real competition" in the late 20th century. Giving upstarts the "legal right to piggyback" on incumbent networks robs them of the motivation to deploy their own facilities to compete more robustly, he said: "The alleged need for wholesale access regulation to remedy natural monopoly thus becomes a self-fulfilling prophecy. Once the FCC imposes wholesale access regulation, it creates perverse incentives for the formation and maintenance of an infrastructure monopoly that would otherwise not exist." While the FCC lifted wholesale regulation of fiber more than a decade ago, Campbell said, Europeans embraced such regulation, only to reverse course recently after finding their network investment lagged in the U.S. and parts of Asia." The FCC is now proposing to take the U.S. back in the opposite direction," he said, noting the agency's recent IP transition actions requiring incumbents to offer competitors wholesale fiber access on an interim basis.