Federal Communications Law Journal

Document Type


Publication Date


Publication Citation

56 Federal Communications Law Journal 489 (2004)


In this timely follow-up piece to a 1998 piece entitled A Federal Regulatory Framework that is "Hog Tight, Horse High, and Bull Strong, " the Authors of this Article revisit the progress of American commercial mobile radio services ("CMRS") proliferation and regulation. The piece expresses the concern that balkanization has continued to plague wireless regulation in the United States, as misguided legal analyses and state regulation further hinder wireless development across the nation. While the European Union has witnessed unprecedented growth in this sector, conflicting court and FCC decisions and continued federal, state, and local burdens on CMRS have placed hurdles throughout the process of efficient U.S. wireless technology adoption in many fundamental areas. Challenges such as consumer protection, convergence, and the optimization of competition have further complicated the CMRS regulatory scene. The Authors conclude that in order to promote a healthy wireless communications industry in the United States in the future, obstacles to sustainable competition, regulatory predictability, limited taxation, and facilitated investment must soon be overcome.