Silicon Flatirons

A Center for Law, Technology, and Entrepreneurship at the University of Colorado

Re-Examining the Role of State and Local Governments in Telecom Regulation

October 26, 2005

In enacting the Telecommunications Act of 1996, Congress did not consider carefully the role that states and localities should play in telecommunications regulation. Over the past ten years, rounds of litigation and technological change have undermined and challenged the basic premises of the jurisdictional framework set forth in the Communications Act of 1934. Under this historic framework, the protection of state and local autonomy remained paramount values whereas the emerging technological landscape-characterized by services provided over broadband and wireless networks-calls out for a harmonious nationwide regulatory system.

The challenge of designing a new regulatory architecture for telecommunications regulation presents Congress is one of several it will confront as it considers changes to the Telecommunications Act of 1996. To assist Congress in this undertaking, the Progress and Freedom Foundation (PFF) has chartered a Digital Age Communications Act (DACA) project that, among other things, is developing a proposed new statutory framework to govern the role of state and local authorities in telecommunications regulation. At this conference, the drafters of this framework will present their conclusions and a series of leaders in government, academia, and industry will comment on their recommendations.