Rob Frieden
Pioneers Chair and Professor of Telecommunications and Law
Penn State University
102 Carnegie Building
University Park, PA 16802
+1 814 863-7996; e-mail: rmf5@psu.edu  
  

 

 Rob Frieden serves as Pioneers Chair and Professor of   Telecommunications and Law at Penn State University where he teaches courses in management, law and economics.  He also provides legal, management and market forecasting consultancy services in such diverse fields as telecommunications business development, Internet commerce, and carrier facilities interconnection.  Professor Frieden has written several books, published over seventy articles in academic journals, and provided background for hundreds of media reports.

    My curriculum vitae is available at: Frieden CV; see also my resume: Frieden Resume; Penn State profile: http://comm.psu.edu/people/rmf5, and Wikipedia entry:
http://en.wikipedia.org/wiki/Rob_Frieden
                                   


Telecommunications Policy Recommendations for the New Administration      

        I have contributed a chapter on wireless policy for a book entitled "...and communications for all":

A Policy Agenda for a New Administration (Lexington Books, 2009).  An Executive Summary and Table of Contents are available at: http://www.fact-wg.info/.

        C-SPAN covered a presentation on the the main points of the book: http://www.c-span.org/Watch/watch.aspx?MediaId=HP-A-14680 (wireless presentation at about 1 hour, 49 minutes); also available at: http://www.c-spanarchives.org/library/index.php?main_page=product_video_info&products_id=283626-2&tID=5


Testimony on the Consumer Wireless Experience http://bp0.blogger.com/_LU0UAZ407Hs/SHWeJacsccI/AAAAAAAAAkE/HZCpuc_M19U/s400/senate.png

        The Senate Commerce Committee held a hearing that examined wireless handset exclusivity, as well as limitations on consumers' access to functions available from wireless devices, and downloadable software applications.   While no one disputed the likelihood that smart phones will increasingly operate like small personal computers.  However, wireless subscribers do not have the same freedom to attach to networks as they do for televisions, conventional personal computers and devices attached to the wired network.  The Apple Apps store current offers 30,000 choices compared to the millions available via the web.  Major wireless carriers, such as AT&T and Verizon, claim handset exclusivity and access limitations are necessary business decisions that do not harm consumers.  I disagree, and in testimony explain how an emphasis on recouping handset subsidies reduces innovation for devices that will become increasingly essential "third screen" alternatives to televisions and larger computers.

        See Senate Testimony and Senate Testimony Summary; see also http://commerce.senate.gov/public/index.cfm?p=Hearings (key in June 17, 2009; The Consumer Wireless Experience); Senators Olympia Snowe and Tom Udall posed additional questions for the record; see Questions from Senator Snowe; Questions from Senator Udall.


TeleFrieden the Blog

        I have created a provocative blog containing my thoughts and analyses of information, communications and entertainment ("ICE") issues.  See http://telefrieden.blogspot.com/.  The blog will concentrate on important legal, regulatory, marketplace and cultural issues that warrant closer scrutiny particularly in light of the proliferation of "research" that supports a particular stakeholder's viewpoint without having disclosed direct or indirect financial sponsorship.


Book Publication                                                

        The Yale University Press has published my latest book: Winning the Silicon Sweepstakes: Can the U.S. Compete in Global Telecommunications? See http://yalepress.yale.edu/yupbooks/book.asp?isbn=9780300152135.

The book poses and answers a number of key questions including:

What must nations do to acquire and maintain competitive advantages in content and conduit?

If the information revolution was supposed to “change everything” how did over $1 trillion in investment largely evaporate in three years?

How can incumbent telephone companies successfully argue the need for next generation network investment incentives while at the same time claiming robust competition justifies deregulation?

How can nations successfully bridge a Digital Divide between residents that have access to, and can afford telecommunications links and content and residents that have neither?

If the telecommunications marketplace has become so robustly competitive where are the usual consumer benefits of lower prices, diverse choices, and consumer service?

Why does it appear that incumbent ventures can belatedly embrace new technologies yet eventually extend their market power by acquiring or extinguishing most competitive threats? and

Will the next generation Internet so lose its openness and accessibility that new ventures will not get a fair chance to become “the next big thing”?

I summarize some of the main points in this presentation: Summary and this one: Winning the Silicon Sweepstakes. Hearsay Culture, a radio interview show and podcast hosted by Dave Levine, an Assistant Professor of Law at Elon University School of Law and a Non-Residential Fellow at the Center for Internet and Society at the Stanford Law School, disccuses the book in a podcast available: http://www.hearsayculture.com/?page_id=11(Show 120). 


Network Neutrality

            I am attempting to make sense of the Net Neutrality issue with an eye toward understanding what constitutes reasonable service differentiation and price discrimination by Internet Service Providers and what amounts to an unfair trade practice.  I also examine the lawful scope of regulatory authority the FCC currently has and strongly believe the Commission has no business extending federal Internet policy to content, applications and software that ride "over the top" of broadband networks.  See Layered Network Neutrality Presentation; see also, A Layered and Nuanced Assessment of Network Neutrality Rationales.  For an consideration of how ISPs can promote trust in the Internet cloud without also engaging in anticompetitive conduct see  Do Conduit Neutrality Mandates Promote or Hinder Trust in Internet-mediated Transactions?

           For a thoughtful and wide ranging discussion on the legal, regulatory and policy issues raised by network neutrality listen to a podcast hosted by Surprisingly Free, a project of the Mercatus Center at George Mason University Law School: http://surprisinglyfree.com/2010/03/01/rob-frieden-on-internet-applications-content-providers-and-net-neutrality/.

          My analysis stands midway between net neutrality "purists" who consider any form of service tiering a grave problem and advocates for total pricing, quality of service and interconnection flexibility.  A general Powerpoint presentation of the the issues, entitled Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate is available at: AEJMC 2007 Presentation.  I have written an introduction to the subject in as unbiased a manner as possible: Network Neutrality Primer.  A forward looking assessment of the impact of the debate on next generation networks is available: Network Neutrality and Next Generation Networks.

         An assessment of the First Amendment values impacted by the debate is available at: Network Neutrality and the First Amendment.

        A more comprehensive analysis, entitled Network Neutrality or Bias?-Handicapping the Odds for a Tiered and Branded Internet, is available at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=893649 in draft form and the final version is available at 29 Hastings Communications and Entertainment Law Journal, No. 2, pp. 171-216 (2007).  See also http://www.theregister.co.uk/2006/02/02/cuban_multitier_net/.

        For a sense of what a fair minded compromise on the matter see: Internet 3.0: Identifying Problems and Solutions to the Network Neutrality Debate; also available at: http://ijoc.org/ojs/index.php/ijoc/article/view/160/86.  I also have responded to a debate between Professor Tim Wu and Christopher Yoo that appeared in the Federal Communications Law Journal, Volume 59, No.1: Wu-Yoo Debate Comments.

        For an assessment whether and how non-neutral networks affect ISP exemption from liability for copyright infringement and "fair use" rights see Net Neutrality and IPR. A powerpoint presentation of the paper is available: Packet Sniffing and DRM.

        Increasingly the issue of network neutrality and the future of the Internet links with broader issues about the future of the Internet.  One forward looking consideration addresses broadband access and affordability.  A recent presentation entitled "Internet Access as Essential Infrastructure: Public Utility, Private Utility or Neither?" examines broadband penetration statistics in the U.S. and in other countries; see Broadband Penetration Statistics.


Wireless Carterfone and Network Neutrality

        Belatedly the network neutrality debate has begun to address the extent to which wireless subscribers can use their handsets to access any content, including software.  In 1968 the Federal Communications Commission's Carterfone policy required wireline telephone companies to decouple telecommunications service from the installation and maintenance of inside wiring and the lease or sale of telephones. Decades later the FCC may consider what rights wireless subscribers have to attach devices and access content of their choosing.  I have written a paper supporting wireless Carterfone for the New America Foundation; see http://www.newamerica.net/publications/policy/wireless_cartefone.  A summary of the paper is available at: Wireless Carterfone Paper Summary.

        For background on wireless network neutrality issues see: Wireless Net Neutrality Presentation.  For a comprehensive paper on wireless Carterfone and network neutrality see  Wireless Carterfone and Net Neutrality.


Broadband and Next Generation Network Development

        I recently prepared a comparative study of broadband development in six nations that the World Bank has included in a publication entitled: Building broadband: Strategies and policies for the developing world; available at: http://www.infodev.org/en/Document.756.pdf.

For a relatively concise summary of the FCC's 375 page National Broadband Plan, see Summary of National Broadband Plan.


New Courses

                                                                   

TELECOMMUNICATIONS LAW AND POLICY

            This course (offered by the Dickinson School of Law and the College of Communications at Penn State) aims to present, investigate, and debate ongoing or anticipated conflicts in specific telecommunications law and policy issues.  We will examine and debate a series of spectrum management, broadcasting, cable television, common carrier, Internet, resource allocation, and technology planning issues.  Students will prepare for each class by reading the assigned materials and generally taking responsibility to understand or pose questions about the positions of all major constituencies or coalitions involved.

            A copy of the 2011 syllabus is available at: Telecommunications Law and Policy.


MEDIA AND DEMOCRACY

This course will provide students an opportunity to develop a better sense of the media’s role in democracies and other governance systems.  We will strive to achieve greater understanding about the media’s multifaceted role as an integral part of democratic society, but also as a profit seeking business.  The course will examine the traditional literature with an eye toward assessing what fundamental freedoms and roles persist based on current philosophical and policy challenges.

In this course, students will learn to:  examine the role of established and new media in a representative democracy; demonstrate an understanding of the history and role of media professionals and institutions in helping to frame public policies; think critically, creatively and independently; express complex thoughts in the spoken and written word; and assess how and when the media works independently of, or cooperatively with, public policy stakeholders.

The course should have broad appeal to students including degree candidates in political science, history, economics, philosophy, and information science.  Both written assignments and in class tests will assess student performance.

The undergraduate syllabus is available at: Media and Democracy Course.  The graduate version is available at: Graduate Media and Democracy Course


Other Courses

         The Fall, 2011 version of my Internet Law and Policy course is available at: Comm 492 Internet Law and Policy.  The Fall 2011 version of my telecom and information technologies for non-engineers is available at: Comm 484 Emerging Telecommunications and Information Processing Technologies

Attention Prospective Students!! If you like what you see above, please consider Penn State's College of Communications for your undergraduate or graduate studies.  See http://comm.psu.edu/prospective

Here is some unsolicited advice on achieving success in college: Student Advice.


Broadband Law and Policy

        I am co-author of, and provide biannual updates to All About Cable and Broadband, a 650 page comprehensive analysis on the law and policies affecting cable satellite and broadband communications, first published in 1981.

For information about the book, published by Law Journal Press see: http://www.lawcatalog.com/



Improving the FCC's Data Collection and Disclosure

        Empirical telecommunications researchers often have limited alternatives to using the FCC's statistics, depsite obvious deficiencies in the Commission's work product. I  filed comments in the FCC’s inquiry into how it can improve its data collection practices in the Media, Wireless Telecommunications and Wireline Competitions Bureaus (MB Docket No. 10-103, WT Docket No. 10-131 and WC Docket No. 10-132).  See FCC  Data Pleading. I also filed comments in the International Bureau's inquiry required by the Broadband Improvement Act, IB Docket No. 10-171; see FCC International Bureau Filing.

Recent Conference Presentations (in Powerpoint)
          

Do Conduit Neutrality Mandates Promote or Hinder Trust in Internet-mediated Transactions? a presentation at the ICRI Conference on Trust in the Information Society Leuven, Belgium  November 14-15, 2011; available at: Trust in the Info Society.

Rationales For and Against FCC Involvement in Resolving Internet Service Provider Interconnection Disputes, a presentation at the 39th Annual Telecommunications Policy Research Conference Arlington, VA  September, 24, 2011 available at: 2011 TPRC Presentation.

Lies, Damn Lies and Statistics: What the FCC and the Public Need to Know About Wireless Competition, a presentation at Wireless Competition Assessment, Mercatus Center, George Mason University, School of Law, Arlington, VA May 18, 2011; available at:  GMU Wireless Panel. 

Assessing the Need for More Incentives to Stimulate Next Generation Network Investment,  a presentation at the 38th Annual Telecommunications Policy Research Conference Arlington, VA  October 2, 2010; available at: TPRC 2010.

Legislative and Regulatory Strategies for Providing Consumer Safeguards in a Convergent Marketplace, A Presentation at The Broadband Act of 2011: Designing a Communications Act for the 21st Century, Washington, D.C. September 30, 2010; available at: Convergence Regulation.  

Decoding the Network Neutrality Debate in the United States, A Presentation at Diverging Electronic Communications Regulatory Trends in E.U. and U.S., Florence School of Regulation, European University Institute, Florence, ITALY (June 21, 2010); available at: Net Neutrality Presentation Florence.

Deep Packet Inspection Technology and Censorship, A Presentation at A Digital Rights Roundtable, The Ryerson Law Research Centre, Toronto, Ontario CANADA (June 18, 2010); available at: Ryerson Law Centre Presentation.

Best Practices in Broadband Development Without Unnecessary Incentives, presentation at the 32nd Annual Conference of the Pacific Telecommunications Council, Honolulu, HI  January 17-20, 2010; available at: Best Practices in Broadband Development.

Invoking and Avoiding the First Amendment: How Internet Service Providers Leverage Their Status as Both Content Creators and Neutral Conduits, presented at the 37th TPRC Research Conference on Communication, Information, and Internet Policy, Arlington, VA September 26, 2009; available at: Network Neutrality and the First Amendment.

Case Studies in Abandoned Empiricism and the Lack of Peer Review at the Federal Communications Commission
, presented at Beyond Broadband Access: Data-Based Information Policy for a New Administration, Washington, D.C. September 24, 2009; available at:
Case Studies in Abandoned Empiricism.

Hold The Phone: Assessing the Rights of Wireless Handset Owners and the Network Neutrality Obligations of Carriers, presented at Carterfone and Open Access in the Digital Era High Tech Law Institute, Santa Clara Law School, October 17, 2008; available at: Third Screen Lock Down.

Lies, Damn Lies and Statistics: Developing a Clearer Assessment of Market Penetration and Broadband Competition in the United States, presented at 36th Annual Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, Virginia September 28, 2008; available at: Lies. Damn Lies and FCC Statistics.

Neither Fish Nor Fowl:  New Strategies for Selective Regulation of Information Services, presented at 35th Annual Telecommunications Policy Research Conference
George Mason University School of Law, Arlington, Virginia September 28-30, 2007; available at: Neither Fish Nor Fowl.

Network Neutrality and Its Potential Impact on Carrier Pricing, presented at the Strategic Telecoms Pricing and Services Bundling Forum 2007, Herndon, Virginia (June 7, 2007); available at:  Pricing Conference Presentation.

Network Neutrality or Bias?--Handicapping the Odds for a Tiered and Branded Internet, presented at the 35th Annual Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, Virginia (Sept. 30, 2006); available at: Network Neutrality Presentation.

What Do Pizza Delivery and Information Services Have in Common? Lessons From Recent Judicial and Regulatory Struggles with Convergence, available at: Pizza and Convergence; presented at The Wharton Colloquium on Media and Communications, Philadelphia, Pennsylvania (Oct. 27-28, 2005); see also, http://lgst.wharton.upenn.edu/cmcl/.

Killing With Kindness: Fatal Flaws in the Universal Service Funding Mission and What Should be Done to Narrow the Digital Divide,  available at: TPRC 2005 Presentation; presented at the 33rd Annual Telecommunications Policy Research Conference, George Mason University School of Law, Arlington, Virginia (Sep. 24, 2005). 

Voice Over the Internet Protocol: Cultural, Technological, Business and Policy Challenges, available at: China VOIP Presentation; presented at the Beijing University of Post and Telecommunications, Beijing, China (December 15, 2004).

International Settlements: An Urgent Need for Equity in Benefits? available at: Jamaica Settlements Presentation; presented at the Second Jamaica Internet Forum Accelerating Internet Access: National Development and Universal Access in the Social Sectors, Ocho Rios, Jamaica (May 26, 2004).

Additional Papers are available at the Social Science Research Network website:                  http://papers.ssrn.com/sol3/cf_dev/AbsByAuth.cfm?per_id=102928.


Recent Media Appearance

       
China Central Television, World Insight, Will Digital Texts Replace Paper? (August 29, 2010): CCTV Program.