Regulating Broadband Communication Networks

Abstract

Professor Allen Hammond argues that the impending development of broadband communication networks has the potential to expand and equalize speech rights by endowing the public with more numerous and more powerful opportunities for speech. To realize these benefits, however, Congress must design a novel regulatory scheme that will maximize the speech rights of both the owners and the users of broadband communication networks. Current regulatory schemes governing print, broadcast and cable provide media owners and editors with extensive speech rights, but fail to provide sufficient public access. In contrast, the regulatory scheme governing telephone service providers assures public speech rights only by depriving media owners of all opportunities for speech.