Creating Effective Broadband Network Regulation

The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for network neutrality or nondiscrimination assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This Article\u27s chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation-a key assumption of some advocates. The Article analyzes three characteristics that hobble the FCC, which is the likeliest federal agency to provide prescriptive rules. First, the record for the agency on a host of industry decisions where technology plays a pivotal role tilts decidedly against counting on successful regulation. Second, the technology here is unlike anything the FCC has successfully regulated before. Judging networks, which are constructed and operated for maximum private gain and not based on a government-approved rate of return model, isn\u27t among them. Finally, the agency itself has yet to demonstrate that it is the best locus of power for deciding the fate of the Internet. The political economy of the FCC makes it less successful as an expert agency. This Article focuses on two somewhat interrelated solutions: reliance on the shame/Wiki/blog culture of the Internet and disclosure of management practices by network providers, enforceable under contract. These approaches are congenial with the most basic Internet values of information transparency and sharing

Creating Effective Broadband Network Regulation

The Internet is central to the business and pastimes of Americans. Calls for increased regulation are ongoing, inevitable, and often justified. But calls for network neutrality or nondiscrimination assume with little hesitation federal agency competence to give predictable and accurate meaning to these terms and create regulations to implement them. This Article\u27s chief contribution to Internet policy debate is to focus attention on the likelihood of successful FCC Internet regulation-a key assumption of some advocates. The Article analyzes three characteristics that hobble the FCC, which is the likeliest federal agency to provide prescriptive rules. First, the record for the agency on a host of industry decisions where technology plays a pivotal role tilts decidedly against counting on successful regulation. Second, the technology here is unlike anything the FCC has successfully regulated before. Judging networks, which are constructed and operated for maximum private gain and not based on a government-approved rate of return model, isn\u27t among them. Finally, the agency itself has yet to demonstrate that it is the best locus of power for deciding the fate of the Internet. The political economy of the FCC makes it less successful as an expert agency. This Article focuses on two somewhat interrelated solutions: reliance on the shame/Wiki/blog culture of the Internet and disclosure of management practices by network providers, enforceable under contract. These approaches are congenial with the most basic Internet values of information transparency and sharing

Time Dependent Floquet Theory and Absence of an Adiabatic Limit

Quantum systems subject to time periodic fields of finite amplitude, lambda, have conventionally been handled either by low order perturbation theory, for lambda not too large, or by exact diagonalization within a finite basis of N states. An adiabatic limit, as lambda is switched on arbitrarily slowly, has been assumed. But the validity of these procedures seems questionable in view of the fact that, as N goes to infinity, the quasienergy spectrum becomes dense, and numerical calculations show an increasing number of weakly avoided crossings (related in perturbation theory to high order resonances). This paper deals with the highly non-trivial behavior of the solutions in this limit. The Floquet states, and the associated quasienergies, become highly irregular functions of the amplitude, lambda. The mathematical radii of convergence of perturbation theory in lambda approach zero. There is no adiabatic limit of the wave functions when lambda is turned on arbitrarily slowly. However, the quasienergy becomes independent of time in this limit. We introduce a modification of the adiabatic theorem. We explain why, in spite of the pervasive pathologies of the Floquet states in the limit N goes to infinity, the conventional approaches are appropriate in almost all physically interesting situations.Comment: 13 pages, Latex, plus 2 Postscript figure