The Regulation of Interactive Television in the United States and the European Union

Abstract

The broadcasting industry is rapidly entering the era of digitization, distributed intelligence, and interactivity. The case of interactive television offers an opportunity to investigate how desirable policy goals should be implemented in the post-convergence environment. This Article first reviews the evolution of the broadcasting industry through three successive models: the traditional Fordist television model, the current multichannel television model, and the emerging ITV model. Second, it characterizes the basic components of ITV and explores the concerns raised by the evolution of multichannel video programming distributors into ITV platform operators. Next, the Article reviews how regulators in the United States and the European Union have so far responded to these concerns by contrasting two prominent cases: the AOL/Time Warner merger and British Interactive Broadcasting joint venture. Finally, the Article concludes with a general framework for regulatory thinking about open network access that reflects the convergence of communications industry sectors and the need to integrate seemingly conflicting policy goals