An Antitrust Analysis of the Case for Wireless Network Neutrality

The ongoing debate about possible implementation of regulatory rules requiring “network neutrality” for wireless telecommunications services is inherently about whether to impose a prohibition on the ability of network operators to control their vertical relationships. Antitrust analysis is well suited to analyze whether a wireless network neutrality rule is socially beneficial. Implementing network neutrality rules would be akin to using a per se antitrust rule regarding vertical relationships instead of the rule of reason analysis typically applied to vertical relationships in antitrust. Per se rules are used to prevent actions that rarely, if ever, have any pro-competitive benefits, such as price-fixing agreements. Rule of reason analysis is used when there are potential efficiency gains from the actions under investigation. Some vertical practices of the wireless carriers, such as bandwidth restrictions, may appear to be anticompetitive, but may also have plausible efficiency justifications so should be judged under rule of reason analysis. Economic examination of the wireless industry shows significant competition between networks which reduces the concern about vertical relationships, but some areas that should be monitored by antitrust and regulatory authorities. We propose several regulatory changes that would likely increase wireless competition and lessen the perceived need for prophlactic network neutrality rules while at the same time allowing efficiency-enhancing vertical relationships.network neutrality, wireless internet, antitrust,

Wi-Fi Offload: Tragedy of the Commons or Land of Milk and Honey?

Fueled by its recent success in provisioning on-site wireless Internet access, Wi-Fi is currently perceived as the best positioned technology for pervasive mobile macro network offloading. However, the broad transitions of multiple collocated operators towards this new paradigm may result in fierce competition for the common unlicensed spectrum at hand. In this light, our paper game-theoretically dissects market convergence scenarios by assessing the competition between providers in terms of network performance, capacity constraints, cost reductions, and revenue prospects. We will closely compare the prospects and strategic positioning of fixed line operators offering Wi-Fi services with respect to competing mobile network operators utilizing unlicensed spectrum. Our results highlight important dependencies upon inter-operator collaboration models, and more importantly, upon the ratio between backhaul and Wi-Fi access bit-rates. Furthermore, our investigation of medium- to long-term convergence scenarios indicates that a rethinking of control measures targeting the large-scale monetization of unlicensed spectrum may be required, as otherwise the used free bands may become subject to tragedy-of-commons type of problems.Comment: Workshop on Spectrum Sharing Strategies for Wireless Broadband Services, IEEE PIMRC'13, to appear 201