Publications: Joe Kane
April 30, 2024
Amicus Brief to the US Court of Appeals for the Eighth Circuit in the Case of Minnesota Telecom Alliance v. FCC
Brief of the International Center for Law & Economics and ITIF as amici curiae in support of petitioners and setting aside the Commission’s Order. The digital discrimination rule the FCC issued in its order is inconsistent with the IIJA. It is so expansive as to claim regulatory authority over major political and economic questions, and it is arbitrary and capricious.
April 30, 2024
Congress Must Match Time and Money When Funding ACP With Spectrum Auctions
Spectrum auction authority and ACP extension have been difficult policy problems for over a year now. There is room for mutually reinforcing solutions to both, but that delicate balance should ensure that we don’t trade away long-term ACP sustainability.
April 10, 2024
Testimony to FCC Commissioner Anna Gomez Regarding “Safeguarding and Securing the Open Internet”
There is no more important broadband policy goal than realizing the benefits of connectivity for all Americans. The draft item’s decision to reclassify broadband as a Title II service is counterproductive to those values, and an FCC that prioritizes connectivity and the public interest would not adopt it.
March 25, 2024
Letter to Federal Communications Commission Regarding Safeguarding and Securing the Open Internet
The Federal Communications Commission’s proposal proceeding to reclassify broadband Internet access service as a Title II common carrier service endangers the success of the U.S. broadband ecosystem and the long-term benefits of connectivity to all Americans.
February 29, 2024
Spectrum Success Requires Smart Studies
These best practices should guide the National Telecommunications and Information Administration and all federal agencies as they implement the National Spectrum Strategy.
February 26, 2024
Sharing Without Daring: Dynamic Spectrum Sharing With Certainty of Access
The dichotomy between dynamic spectrum sharing and exclusive licensing is a false one. Reliable, full-power access is possible within a dynamic sharing framework if the FCC auctions super-priority rights to commercial users.
January 19, 2024
Supreme Court Skeptical of Chevron, Puts Title II for Broadband in Its Crosshairs
Since Title II for the Internet is now even more likely to be not just bad policy but bad law too, the FCC would be better off abandoning the current proceeding and instead focusing on policies that actually improve broadband for consumers.
January 17, 2024
Reply Comments to the FCC on Safeguarding and Securing the Open Internet
Ensuring that all Americans experience the benefits of universal connectivity requires the Commission to double down on what works, not abandon it for utility-style regulation.
January 2, 2024
Comments to the NTIA Regarding the Implementation of the National Spectrum Strategy
The implementation of the National Spectrum Strategy should ensure studies prioritize opening spectrum for commercial use. The Strategy will be a failure if agencies resist change rather than being active collaborators in opening spectrum to commercial users.
December 20, 2023
Hard WRC: United States Muddles Through Rather Than Leading Global Spectrum Conference
In an era where connectivity is paramount, the United States must seize the opportunity to recalibrate its approach to spectrum to ensure it remains at the forefront of the evolving wireless landscape.