Term
| Regulatory Capture - Telecom |
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Definition
Telecom -
Executive agencies depend on regulated entities to accomplish their goals. regulators and regulated become highly entwined. |
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Term
| Progressive Regulatory Tradition (1920-30)s - Telecom |
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Definition
Response to continental scale of society.
i.e. Federal Reserve, FCC, regulation of railroads, interstate commerce |
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Term
| New Deal Regulatory Tradition (1930s-40) - Telecom |
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Definition
Rationalization and support for key industries: FCC, SEC, etc.
Create fair playing field, balance interests |
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Term
| Great Society Regulatory Tradition (1960-70) - Telecom |
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Definition
consumer protections/social regulation
EPA, OSHA
emerge to impose social goals |
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Term
| Natural Monopoly - Telecom |
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Definition
Monopolies achived success ia network effects, economies of scale
Characterized telephone market until 1980s
legal because of public interest obligations |
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Term
| Rate of Return Regulation - Telecom |
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Definition
| Allow monopolies to recoup costs for serving rural areas (even if they have to charge low-cost customers more) |
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Term
| 1934 Communications Act - Telecom |
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Definition
Transfers management of wire communication to newly formed FCC
Ancillary Jurisdiction - regulate things in future like regulated today |
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Term
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Definition
| Don't regulate unless necessary, react instead of act |
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Term
| Regulatory Parity - Telecom |
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Definition
| Like things should be regulated alike, regardless of regulatory history |
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Term
| Facilities based Competition |
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Definition
allow competition between providers of the same/similar services WHEN service providef by different means.
i.e. telephone carrier competing with cable tv network to provide broadband |
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Term
| Last Mile Service - Telecom |
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Definition
| "Last mile" of wire needed to connect individual households to telephone exchange |
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Term
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Definition
Incumbend Local Exchange Carrier
CLEC - Competitive Local Exchange Carrier
- created by 1996 Telecom Act |
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Term
| Technical Convergence - Telecom |
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Definition
| tendencies of different technologies to perform the same tasks (phone service over broadband instead of phone line) |
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Term
| Universal Service - Telecom |
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Definition
Basic level of service provided to every user in given country. Obama Plan seeks to do this.
Justified by "network externalities" like economic development, democratic participation, public safety |
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Term
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Definition
| Holders of license spectrum expected to provide honest, equal, and balanced service. Stregthened by Red Lion Broadcasting vs. FCC |
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Term
| Last Mile Bottleneck Transmission - Telecom |
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Definition
| Why FCC cares about spectrum. Dream to have facilities-based competition. gets rid of wire-line monopolies |
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Term
| Varieties of inter-carrier compensation - Telecom |
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Definition
| access charges (paid by long distance to local telecoms), reciprocal compensation rates (local telco to local telco), international settlement, peering relations (ISP) |
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Term
| FCC Universal Service Fund |
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Definition
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Term
| National Broadband Plan - 2010 |
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Definition
5 indicators to assess successful policy
penetration, usage, coverage, prices, services and speed.
provides 7.2 billion for broadband development. |
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Term
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Definition
| single seller (or dominant firm). Sells at higher price due to allocative inefficiency. Price discrimination allows monopoly to charge a lot. Four causes of monopolies: economies of scale, mergers, unique resources, government policy Monopolies often have barriers to entry, sunk costs |
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Term
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Definition
| market dominated by small group of sellers with conjectural interdependence (they are aware of each other and how their decisions affect one another). Can be broken by Section 7 of the Clayton Act |
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Term
| Price Discrimination - Competition |
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Definition
1st degree = seller charging different prices for same good based on differing abilities to pay.
2nd degree - differing prices based on amount purchased
3rd degree - segmentation of market and discimination thereby |
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Term
| Deadweight loss triangle - competition |
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Definition
| the reduction in output caused by monopoly prices. consumers will demand less of a good (allocative efficiency) creating deadweight loss. |
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Term
| Total Surplus - competition |
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Definition
Consumer Surplus = difference between price consumer willing to pay (market price) and what they actually pay.
Producer Surplus = difference between price that sellers receive (market price) and what they would have been willing to sell at. |
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Term
| Substitutes - Competition |
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Definition
good with postive elasticity of demand.
substitute when demand increases if the price of another good goes up. |
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Term
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Definition
| antitrust policy between 1890s and 1930s. defense of farmers and small firms. Behind Sherman Act and Clayton Act. |
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Term
| Sherman Act of 1890 - Competition |
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Definition
| Antitrust law for monopolies. Section 2 forbids any company to have monopoly power or act or make any effort to maintain that power |
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Term
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Definition
| Can apply to both oligopolies and monopolies, Section 7 direct the DOJ and FTC to prevent mergers that will create a monopoly or lessen competition. |
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Term
| Merger Guidelines of 1968-1992 |
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Definition
Based on Clayton's Act. 6 Guidelines that can stop mergers.
1. size of markets
2. level of concentration it will create in the market
3. the adverse effects of the merger
4. the barriers to entry that exist in the market.
5. the effect it will have market power.
Original merger guidelines were too strict. |
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Term
| Telecommunications Act of 1996 - Telecom |
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Definition
| forced ILECS to lease network elements to CLECs. Act was critical in Trinko |
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Term
| Trinko Case (2004) - Competition |
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Definition
Trinko (CLEC customer) sued ILEC (Verizon) for not treating it fairly. Went to antitrust court.
Judgement: not an antitrust situation. competitors should not be forced to support each other. FCC is doing a great job. |
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Term
| United States vs. Microsoft (2001) - Competition |
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Definition
Gov't claimed that Microsoft engaged in anticompetitive practices:
1. consumers playing high prices for OS
2. Microsoft reduced innovation in software industry.
Microsoft a monopoly because of
1) maret allocation efforts
2. predatory pricing strategy (giving IE out at negative cost)
3. bundling
4. exclusionary agreements. |
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Term
| Economic Welfare - Competition Policy |
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Definition
= Consumer Surplus + Producer Surplus
economic welfare measures how efficient economy is as a whole. US favorite policy. |
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Term
| Consumer Welfare - Competition Policy |
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Definition
aggregate of consumer surpluses.
Consumer welfare is the objective of competition policy in Europe. In cases of innovation, consumers expected to receive fair share of benefit. |
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Term
| Metro Broadcasting v. FCC (1990) - Concentration |
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Definition
| FCC policies do not violate equal protection. they have longstanding congresisonal support and are related to achievement of important governmental objective of broadcast diversity |
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Term
| minority ownership rights - concentration |
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Definition
| supported by lack of minority ownership and content diversity in 1960s. Minority preference in radio and TV station licensing. |
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Term
| DMCA Act 1998 - concentration |
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Definition
Digital Milennium Copyright Act of 1998
- legislated "paracopyright," making it unlawful to to circumvent technological devices or distribute these devices to others. |
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Term
| Television Duopoly Rule - Concentration |
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Definition
| prevents radio and TV concentration across networks, struck down in 1996 for TV in TCA |
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Term
| Digital Revolution - concentration |
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Definition
| creation and widespread availability of technologies to make it easy to to copy/modify/annotate etc. in digital form |
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Term
| Intellectual Property - Concentration |
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Definition
| IP owners used to not care about IP violations because it was hard to broadly distribute the stuff, but now a days its more massive, more of a risk. |
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Term
| Associated Press v. United States (1945) - concentration |
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Definition
| Freedom of press does not sanction repression by private interests. |
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Term
| Sunny Bono Copyright Extension Act (1998) - Concentration |
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Definition
| Extended copyright from 50 years to life + 70 years to 95 years after publication by corporate/anonymous authors (or 120 years after creation) |
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Term
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Definition
| Trust that represents labels and distributors, enforces copyright of multiple owners at once |
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Term
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Definition
| exception to liability for infringement several purposes works can used for, including non-profit educational and parody. |
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Term
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Definition
DMCA has two primary provisions:
ISPs not liable for actions of users
Illegal to manufacture anything that circumvents copyright |
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Term
| A&M v. Verizon - copyright |
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Definition
| A&M claimed that Napstar a "contributory and vicarious copyright infringer." |
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Term
| RIAA & Verizon - Copyright |
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Definition
| RIAA wanted identity of two Verizon customers suspected of infringement of copyright. Verizon won. |
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Term
| first sale doctrine - copyright |
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Definition
| author has ownership over first sale of work only in US. They receive no profit from subsequent sales. |
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Term
| PHOSITA (Person Having Ordinary Skill in the Art) - Patents |
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Definition
| PHOSITA - Patent seeker is seen as more knowlegable/skilled than a layman, but is not an expert. Creates uncertainty of the patent prosecution. Checks and see whether something is patent worthy |
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Term
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Definition
| Process through which patent is granted. Examiner looks at prior art, checks for novelty, consider invention from PHOSITA perspective. |
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Term
| Patent Thickets - Infrastructure |
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Definition
| are the horizontal overlap of patents on one product. can create barriers of entry. best to narrow scope of patent. |
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Term
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Definition
| A company that owns patents and enforces them in an underhanded manner. Often used to collect money. Another term is "NPE = Non-practicing Entity" |
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Term
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Definition
| Free/Libre/Open Source Software movement in which you will find the GNU license (General Public) and technologies developed for common good. Often developed through peer production. |
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Term
| Consortium Standard - Infrastructure |
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Definition
| An association of entitities that come together to develop common standards to increase interoperability |
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Term
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Definition
| scientific reseach that is dependent on access to and sharing of digital reseach data. think virtual labratories, etc. |
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Term
| Consolidation - Infrastructure |
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Definition
| eventual merger between system that allows robust interoperability across technologies and social worlds. Achieved through gateways. |
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Term
| middleware - infrastructure |
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Definition
| platforms developed to turn collaborative eScience promises into reality. software is set of services that allows multiple processes to interact. |
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Term
| Information Commons - Infrastructure |
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Definition
| formal and informal peer production in a highly distributed open network environment. |
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Term
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Definition
| huge increase in university patenting since 1980. Placed universities more in the market. |
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Term
| interoperability - infrastructure |
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Definition
| ability of different systems and organizations to work together. Related to FLOSS software. |
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Term
| Open Access - Infrastructure |
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Definition
| Open data exchanged created through institutionalization of "open standards." The effort to explore and apply new paradigms for the organization of virtual knowledge-based communities. An example of open-source software. |
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Term
| Prosser's Privacy Torts - Privacy |
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Definition
Theories about laws of privacy. Four different invasions:
1. invasion upon selusion
2. public disclosure of embarassing private facts.
3. publicity that places the plaintiff in a false light
4. appropriation, for the defendant advantage, of plaintiff's likeness |
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Term
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Definition
| plaintiff has remedy agianst one "who appropriates to his own use or benefit the name or likeness of the plaintiff" aka diana on a tin of crisps |
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Term
| Fourth Amendment - Privacy |
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Definition
right to be "secure in their person, houses, papers, and effects, against unresaonable searches and seizures"
landmark case: Katz v. US - police not allowed to wiretap a public payphone. If a person is protected, they are acting under the impression of "reasonable expectation" of privacy |
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Term
| Fifth Amendment - Privacy |
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Definition
| "no person shall be copelled in any criminal case to be a witness against himself"... Landmark case: Griswold vs. Connecticut, Supreme Court declared that individual has constitutional right to privacy within zones of freedom created by an expansion of interpretation of bill of rights... |
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Term
| Cost minimization/Benefit Maximization |
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Definition
• Refers to a way that businesses seek to appropriate the benefits of their investments. Cost minimization in ideal-type strategies refers to the way that businesses seek to obtain as many informational inputs as possible for a marginal cost of zero.
1. Rights Based Exclusion: make money by exercising rights
2. Nonexclusion Marked2. Nonexclusion Market (large piece of information production)– make money from information production, but not from exclusive rights.
3. Nonexclusion Nonmarket |
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Term
| Commons-based peer production |
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Definition
| - radically decentralized, collaborative, and nonproprietary; based on sharing resources and outputs among widely distributed, loosely connected individuals who cooperate with each other without relying on either market signals or managerial commands |
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Term
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Definition
• no single person has exclusive control over the use and disposition of any particular resource in the commons. Individuals free to make their own choices with regard to resources managed as commons. There are 4 types based on 2 parameters:
o Open to all v. open to a specific group
o Regulated v. unregulated |
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Term
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Definition
| - A subset of common-based production. Participants do not have to ask permission to interact with resources or projects (no framework of social interactions). Participants act upon self-interest. Strategies for solving problems caused by self interest include centralization and decentralization |
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Term
| Open Source - Peer Production |
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Definition
| • Is the model instance of commons-based peer production. The software can vary based on individuals contributing to a common project. There are often a variety of motivations, and creators share their respective contributions without any single person or entity asserting rights to exclude either from the contributed components or from the resulting whole. Software developers hold copyright in own portion, but free license (subsequent inventors use same free terms as original software). |
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Term
| Generativity - Peer Production |
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Definition
Generativity of Internet and PC
– “A system’s capacity to produce unanticipated change through unfiltered contributions from broad and varied audiences.” A new idea arises. It is developed and released. People begin contributing. Success is reached and users flock to the service. Users begin to break rules. System is enclosed to deal with problems that users created (see tethered devices) |
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Term
| Factors supporting Generativity - Peer Production |
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Definition
2. Adaptability – how easily the system/technology can be modified
3. Ease of Mastery – how easy it is to learn new system/technology
4. Accessibility – how expensive? How hard is it to adopt?
5. Transferability – how easily can changes in the system be conveyed to others. |
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Term
| Communication Process for Peer Production |
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Definition
1. Initial utterance of humanly meaningful statement (i.e. writing an article).
a. Wikipedia identified itself as an encyclopedia. Contributors began writing articles.
2. Mapping an utterance on a knowledge map, meaning that you give it “relevance and accredition”.
a. Moderators are chosen and peer editing occurs. Some authors have a high reputation or “karma.”
3. Distribute utterance to people who consider it credible.
a. Distributing your article through a free online website like Project Gutenberg. |
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Term
| Tethered Devices - Peer Production |
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Definition
| - Perhaps because of problems with bad code, new devices are often tethered (centrally controlled) by their maker. Examples include mobile devices, TiVos, and iPods. This change has negative connotations, as it will shift information production away from generativity into an era of increased regulation. Some of the concerns around tethered devices include preemption, FBI surveillance, and regulability of tethered devices. Another concern that is shared with Web 2.0 applications is the lack of data portability between platforms. |
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Term
| Freedom in Virtual World - Peer Production |
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Definition
| - Courts have not yet extended first amendment privileges to virtual worlds. The first amendment grants protection to a “medium for the communication of idea.” In virtual worlds, players have the ability to take on personas, explore, create communities, thus creating histories for themselves. |
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Term
| Communication Torts - Peer Production |
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Definition
– Situation where people claim they have been harmed speech acts NOT protected by the first amendment. Other than contract breaches, communications torts are the main legal situation that arises in the virtual worlds. Examples of relevant cases include:
1. taking a screenshot of someone else’s property (if they have property rights for it),
2. defamation of another players reputation – claiming another player cheated
3. intentional infliction of emotional distress (also known as griefing) – stripping another avatar of their possessions. |
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Term
| Commodificiation - Peer Production |
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Definition
| o Real-world commodification allows players to use real-world currency to obtain in-game items |
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Term
| Modernization Theory - Trans |
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Definition
(1950s-1960s) Communication networks as tools of extraction and colonial governance (ongoing legacies). stages of growth:
1. traditional society
2. preconditions for takeoff
3. take-off
4. drive to maturity
5. high mass consumption |
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Term
| Dependency Theory - Trans |
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Definition
| 1960-70s: Cultural Imperialism, roots in economic dependency. Western Domination of film. nationalization of telecom carriers. |
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Term
| Structural Adjustment - Trans |
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Definition
1980s-90s
Shift to policy-based lending. elimination of subsidies, sharp currency devaluations |
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Term
| Digital Convergence- trans |
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Definition
| Refers to convergence of four industries into one conglomerate (IT, telecom, consumer electronics, etertainment) |
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Term
| Millenium Development Goals |
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Definition
| all 192 UN states and 23 international organizations ahve agreed to fight poverty, disease and develop global partnership for development. |
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Term
| MGM v. Grokster - Copyright |
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Definition
| MGM claimed that Grokster was liable for copyright infringement. MGM won. |
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Term
| Public Outreach - Digital Governance |
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Definition
Public outreach was another important component of e-gov services. An e-mail contact (other than to a webmaster) was offered by 84% of government sites in 2003 (up from 75% in 2002). 12% (up from 10% in 2002) allowed citizens to register to receive updates on specific issues.
West concludes that “reality falls far short of these utopian aspirations.” Governments fail to use tech well, and have made only small steps. |
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Term
| position bias - digital governance |
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Definition
| a tendency of managers to attend to goals that relate directly to their position rather than broader organizational goals -- gets in the way. Middle managers can play key roles in sustaining interactions and bridging inter-institutional divides. Lower level players are a good source of creative, far-reaching innovations. |
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Term
| Freedom of Information - digital governance |
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Definition
| (1) access to government information and (2) privacy legislation |
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