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Publications: Joe Kane

June 28, 2024

‘Loper Bright’ Decision Reins In Regulatory Overreach by FCC, Says ITIF

Following the Loper Bright v. Raimondo decision, the Information Technology and Innovation Foundation (ITIF) released the following statement applauding the ruling from Joe Kane, director of broadband and spectrum policy.

June 26, 2024

Comments Before the European Commission Regarding How to Master Europe's Digital Infrastructure Needs

Europe has the potential to dramatically improve the productivity of it communications infrastructure and allow the market to better serve citizens’ needs.

June 10, 2024

Comments to the Canadian Radio-Television and Telecommunications Commission Regarding Supporting Content Through Base Contributions

There is no free lunch to be found by imposing base contributions on foreign online undertakings to fund the government’s preferred content. The Commission should reckon with the economic realities of its proposal rather than obscuring them behind anti-foreign rhetoric.

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.

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