Published Papers
The Phoenix Center is very proud that many of its papers have been published in leading academic journals. These papers are listed below by type (i.e., Policy Paper, Policy Bulletin or Policy Perspective) in reverse chronological order of journal publication date. Copies of (or links to) each paper are provided where available. For a complete list of Phoenix Center staff’s individual academic publications, please check their respective biographies and the Social Science Research Network.
Policy Papers
Digital Discrimination Under Disparate Impact: A Legal And Economic Analysis, 48 Telecommunications Policy Issue 10 (November 2024) (originally published as Phoenix Center Policy Paper No. 61: Digital Discrimination Under Disparate Impact: A Legal and Economic Analysis).
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Regulatory Implications of Turning Internet Platforms into Common Carriers, 76 Federal Communications Law Journal 1 (2023) (originally published as Phoenix Center Policy Paper No. 60).
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Bridging the Digital Divide: An Empirical Analysis of Public Programs to Increase Broadband Adoption, 67 Telematics and Informatics (February 2022) (originally published as Phoenix Center Policy Paper No. 56: Bridging the Digital Divide: What Has Not Worked But What Just Might).
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The Rewards Of Municipal Broadband: An Econometric Analysis Of The Labor Market, Telecommunications Policy (31 July 2021) (originally published as Phoenix Center Policy Paper No. 54, The Rewards of Municipal Broadband: An Econometric Analysis of the Labor Market).
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Spatial Competition In Automobile Retailing, Applied Economics (17 January 2021) (originally published as Phoenix Center Policy Paper No. 48: The Price Effects of Intra-Brand Competition in the Automobile Industry: An Econometric Analysis).
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Subsidies and Substitution: An Empirical Study Of The Lifeline Program, 45 Telecommunications Policy (February 2021) (originally released as Phoenix Center Policy Paper No. 55: A Fresh Look at the Lifeline Program).
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Safe Harbors and the Evolution of Online Platform Markets: An Economic Analysis, 36 Cardozo Arts & Ent. L.J. 309 (2018) (originally released as Phoenix Center Policy Paper No. 52: Fixing Safe Harbor: An Economic Analysis).
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Regulating, Joint Bargaining, And The Demise of Precedent, Managerial and Decision Economics (27 June 2018) (originally released as Phoenix Center Policy Paper No. 49: Eroding the Rule of Law: Regulation as Cooperative Bargaining at the FCC).
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Fair Use In The Digital Age, 65 J. Copyright Soc'y U.S.A. 1 (2018) (originally published as Phoenix Center Policy Paper No. 51).
Taxation by Condition: Spectrum Repurposing at the FCC and the Prolonging of Spectrum Exhaust, 8 Hastings Science and Technology Law Journal 183 (2016) (originally published as Phoenix Center Policy Paper No. 44).
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Lessons Learned from the U.S. Unbundling Experience, 68 Federal Communications Law Journal 95 (2016) (originally published as Phoenix Center Policy Paper No. 45).
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Market Definition and the Economic Effects of Special Access Price Regulation, 22 CommLaw Conspectus 237 (2014) (originally published as Phoenix Center Policy Paper No. 37).
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Market Mechanisms and the Efficient Use and Management of Scarce Spectrum Resources, 66 Federal Communications Law Journal 263 (2014) (originally published as Phoenix Center Policy Paper No. 46).
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Wobbling Back to the Fire: Economic Efficiency and the Creation of a Retail Market for Set-Top Boxes, 21 CommLaw Conspectus 1 (2012) (originally published as Phoenix Center Policy Paper No. 41 and as Phoenix Center Policy Bulletin No. 29).
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Wireless Competition Under Spectrum Exhaust, 65 Federal Communications Law Journal 79 (2012) (originally published as Phoenix Center Policy Paper No. 43).
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Internet Use and Job Search, 36 Telecommunications Policy 260 (2012) (originally published as Phoenix Center Policy Paper No. 39).
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Internet Use and Depression Among the Elderly, 28 Computers in Human Behavior 496 (2012) (originally released as Phoenix Center Policy Paper No. 38).
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A Policy Framework for Spectrum Allocation in Mobile Communications, 63 Federal Communications Law Journal 639 (2011) (originally released as Phoenix Center Policy Paper No. 42).
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The Need for Better Analysis of High Capacity Services, 28 John Marshall Journal of Computer and Information Law 343 (2011) (originally published as Phoenix Center Policy Paper No. 35).
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The Frontier of Broadband Adoption Across the OECD: A Comparison of Performance, 25 International Economic Journal 111 (2011) (originally released as Phoenix Center Policy Paper No. 33).
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An Investigation into the Influence of Retail Gas Prices on Oil Company Profits, 43 Applied Economics 4033 (2011) (originally released as Phoenix Center Policy Paper No. 26).
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The Burden of Network Neutrality Mandates on Rural Broadband Deployment, 4 Journal of Applied Economy 237 (2011) (originally released as Phoenix Center Policy Paper No. 25).
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The Broadband Credibility Gap, 19 CommLaw Conspectus 75 (2010) (originally released as Phoenix Center Policy Paper No. 40).
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The Broadband Adoption Index: Improving Measurements and Comparisons of Broadband Deployment and Adoption, 62 Federal Communications Law Journal 343 (2010) (originally released as Phoenix Center Policy Paper No. 36).
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The Pricing of Pole Attachments: Implications and Recommendations, 9 Review of Network Economics Art. 3 (2010) (originally released as Phoenix Center Policy Paper No. 34).
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Quantifying the Cost of Substandard Patents: Some Preliminary Evidence, 12 Yale Journal of Law and Technology 240 (2010) (originally released as Phoenix Center Policy Paper No. 30).
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Network Neutrality and Foreclosing Market Exchange: A Transaction Cost Analysis, 2 Int. J. Management and Network Economics 160 (2009) (originally released as Phoenix Center Policy Paper No. 28).
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A Valley Of Death In The Innovation Sequence: An Economic Investigation, 18 Research Evaluation 343 (2009) (originally released as a project completed for United States Department of Commerce).
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Tort Liability for Software Developers: A Law & Economics Perspective, 26 John Marshall Journal of Computer and Information Law 199 (2009) (originally released as Phoenix Center Policy Paper No. 27).
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Network Neutrality and Industry Structure, 29 Hastings Communications & Entertainment Law Journal 149 (2007) (originally released as Phoenix Center Policy Paper No. 24).
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Competition After Unbundling: Entry, Industry Structure and Convergence, 59 Federal Communications Law Journal 331 (2007) (originally released as Phoenix Center Policy Paper No. 21).
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The Economics of Build-Out Rules in Cable Television, 28 Hastings Communications & Entertainment Law Journal 207 (2006) (originally released as Phoenix Center Policy Paper No. 22 (third release)).
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Set It and Forget It? Market Power and the Consequences of Premature Deregulation in Telecommunications Markets, 3 NYU Journal of Law and Business 675 (2005) (originally released as Phoenix Center Policy Paper No. 18).
Why ADCo? Why Now? An Economic Exploration into the Future Industry Structure for the "Last Mile" in Local Telecommunications Markets, 54 Federal Communications Law Journal 421 (May 2002) (originally released as Phoenix Center Policy Paper No. 12).
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Changing Industry Structure: The Economics of Entry and Price Competition, 7 Telecommunications and Space Journal 40 (2001) (originally released as Phoenix Center Policy Paper No. 10).
eEurope Means Nothing Without eEntry: Regulatory Harmonisation, Subsidiarity and the Realisation of the Information Society, 7 Telecommunications and Space Journal 81 (2001) (originally released as Phoenix Center Policy Paper No. 8).
Pushing the Bounds of Judicial Deference: Some Thoughts on the FTC's New Unfair Methods of Competition Policy Statement, 18 Journal of Law, Economics And Policy 339 (2023) (originally released as Phoenix Center Policy Bulletin No. 63).
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Electricity Rates And The Funding Of Municipal Broadband Networks: An Empirical Analysis, 102 Energy Economics (October 2021) (originally published as Phoenix Center Policy Bulletin No. 53, Electricity Rates and the Funding of Municipal Broadband Networks: An Empirical Analysis).
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Interference, Sunk investment, and the Repurposing of Radio Spectrum, Information & Communications Technology Law (09 February 2020) (originally released as Phoenix Center Policy Bulletin No. 40).
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USTelecom and its Aftermath, 71 Federal Communications Law Journal 39 (2019) (originally published as Phoenix Center Policy Bulletin No. 42).
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Is Faster Better? Quantifying The Relationship Between Broadband Speed And Economic Growth, 42 Telecommunications Policy 766 (2018) (originally released as Phoenix Center Policy Bulletin No. 44).
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Private Solutions to Broadband Adoption: An Economic Analysis, 69 Federal Communications Law Journal 1 (2017) (originally released as Phoenix Center Policy Bulletin No. 38).
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Tariffing Internet Termination: Pricing Implications of Classifying Broadband as a Title II Telecommunications Service, 67 Federal Communications Law Journal 1 (2015) (originally released as Phoenix Center Policy Bulletin No. 36).
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What Are the Bounds of the FCC’s Authority over Broadband Service Providers?—A Review of the Recent Case Law, 18 Journal of Internet Law 1 (2015) (originally released as Phoenix Center Policy Bulletin No. 35).
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Section 10 Forbearance: Asking The Right Questions To Get The Right Answers, 23 CommLaw Conspectus 126 (2014) (originally released as Phoenix Center Policy Bulletin No. 37).
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Capital investment and Employment in the Information Sector, 38 Telecommunications Policy 371 (2014) (originally released as Phoenix Center Policy Bulletin No. 25).
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Theft and Welfare in General Equilibrium: A Theoretical Note, 2 Theoretical Economic Letters 470 (2012) (originally released as Phoenix Center Policy Bulletin No. 32).
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Separating Politics from Policy in FCC Merger Reviews: A Basic Legal Primer of The “Public Interest” Standard, 18 CommLaw Conspectus 329 (2010) (originally released as Phoenix Center Policy Bulletin No. 18).
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A Policy and Economic Exploration of Wireless Carterfone Regulation, 25 Santa Clara Computer & High Tech. L.J. 647 (2009) (originally released as Phoenix Center Policy Bulletin No. 17).
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Developing A National Wireless Regulatory Framework: A Law And Economics Approach, 16 CommLaw Conspectus 391 (2008) (originally released as Phoenix Center Policy Bulletin No. 19).
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À La Carte and “Family Tiers” as a Response to a Market Defect in the Multichannel Video Programming Market, 15 CommLaw Conspectus 31 (2006) (originally released as Phoenix Center Policy Bulletin No. 14).
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An Econometric-Driven Merger Simulation: Considerations and Application, 13 Int. J. of the Economics of Business 217 (2006) (originally released as Phoenix Center Policy Bulletin No. 11).
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Internet Regulation and Investment In the U.S. Telecommunications Industry, Applied Economics (published online 18 December 2024) (originally released as Phoenix Center Policy Perspective No. 24-04)
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Confusing Relevance And Price: Interpreting And Improving Surveys On Internet Non-Adoption, 45 Telecommunications Policy (March 2021) (originally published as Phoenix Center Policy Perspective No. 20-05, Subsidizing Broadband: Price, Relevance, and the Digital Divide (July 7, 2020)).
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A Counterfactual Impact Analysis of Fair Use Policy on Copyright Related Industries in Singapore: A Critical Review,, Laws (5 October 2018) (originally released as Phoenix Center Policy Perspective No. 16-01: The Economic Impact of Expanding Fair Use in Singapore: More Junk Science for Copyright Reform).
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Regulation and investment in the U.S. telecommunications industry, Applied Economics (23 July 2018) (originally released as Phoenix Center Policy Perspective No. 17-02: Net Neutrality, Reclassification and Investment: A Counterfactual Analysis and Phoenix Center Policy Perspective No. 17-03: Net Neutrality, Reclassification and Investment: A Further Analysis).
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Use and Depression Among Retired Older Adults in the United States: A Longitudinal Analysis, Journals of Gerontology, Series B: Psychological Sciences and Social Sciences (2014) (originally released as Phoenix Center Policy Perspective No. 13-02).
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Justifying the Ends: Section 706 and the Regulation of Broadband, 16 Journal of Internet Law 1 (January 2013) (originally published as Phoenix Center Policy Perspective No. 12-04).
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Endogenous Sunk Cost, Quality Competition and Welfare, 1 Theoretical Economics Letters 88 (2011) (originally published as Phoenix Center Policy Perspective No. 10-07).
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Broadband Expectations and the Convergence of Ranks, 35 Telecommunications Policy 213 (2011) (originally released as Phoenix Center Perspective No. 08-03 (Second Edition)).
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George S. Ford, Does High Market Concentration Contribute to Inflation?, The Center for Growth and Opportunity at Utah State University (March 9, 2023).
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Lawrence J. Spiwak, A Change in Direction for the Federal Trade Commission?, 22 Federalist Society Review 304 (2021).
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George S. Ford, Testing the Economics of the Net Neutrality Debate: A Comment, 45 Telecommunications Policy (June 2021).
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T. Randolph Beard, George S. Ford, Lawrence J. Spiwak, and Michael Stern, The Law and Economics of Municipal Broadband, 73 Federal Communications Law Journal 1 (2020).
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Lawrence J. Spiwak, Ensuring Due Process at the Surface Transportation Board, 21 Federalist Society Review 136 (2020).
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Lawrence J. Spiwak, The Preemption Predicament Over Broadband Internet Access Services, 21 Federalist Society Review 32 (2020).
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Piracy, Imitation, and Optimal Copyright Policy, Southern Economic Journal (05 December 2017)(originally published as Reconsidering Copyright: A Spatial Model of Differentiated Competition and Infringement, Presented at 43rd Telecommunications Policy Research Conference (TPRC), George Mason University, Arlington, Virginia (September 23-27, 2015).
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George S. Ford, Net Neutrality and Investment in the US: A Review of Evidence from the 2018 Restoring Internet Freedom Order, 17 Review of Network Economics 175–205 (2019).
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George S. Ford, Reflecting on Twenty Years Under the Telecommunications Act of 1996, 68 Federal Communications Law Journal 17 (2016).
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Lawrence J. Spiwak, Reflecting on Twenty Years Under the Telecommunications Act of 1996, 68 Federal Communications Law Journal 62 (2016).
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A Valley of Death in the Innovation Sequence: An Economic Investigation, 18 Research Evaluation 343-356 (2009) (originally released as a paper for the United States Department of Commerce, Technology Administration (2007)).
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