When Discrimination Is Good: Encouraging Broadband Internet Investment Without Content Neutrality

By: Christopher E. Fulmer

Cable television and traditional telephone companies are increasingly offering the same set of services: telephone, television, and broadband Internet access. Competition between these two types of companies would ordinarily require them to improve these services, but unless broadband providers have the ability to discriminate on the basis of content and charge Internet video providers that compete with their own video services, the growth of the Internet will be stunted, as broadband providers will not improve the capacity of their networks.

Cite: 2006 Duke L. & Tech. Rev. 0006