Testing Current Telecommunications Practices Against User and Provider Principles

What is the future of “Carterfone” style device attachment rules for a converged broadband network? The authors predict that American rules governing device attachment will become unsustainable as network technologies converge, and that a unified statute regarding device attachment will become necessary. They posit that end users will increasingly expect the functionality of the mobile Internet to resemble that of the fixed Internet. Current telecommunications law results in very different requirements depending on the type of network over which service is provided. This article explores the application of a previously proposed set of statutory provisions regarding device attachment to multiple scenarios. The authors find that a combination of an “any device” rule with provisions on device interconnection, device subsidies, and reasonable network management can effectively address the range of likely scenarios.