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    Costs and Consequences of Federal Telecommunications Regulations

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    Federal regulation of telecommunication profoundly affects United States consumers, determining what services are priced above and below cost, what kinds of technologies and services are offered and when, and what firms are allowed to compete. In this Article, the Author surveys the voluminous literature on the economic costs and outcomes of these regulations, focusing predominantly on the effects of regulation on prices, quantity, quality of service, and overall consumer and social welfare. The Author estimates costs and assesses outcomes for ten types of federal telecommunications regulated activity: telecommunications regulatory spending, long-distance access charges, universal service funding, local number portability, enhanced 911, miscellaneous wireless mandates, spectrum management, satellite regulation, unbundled network elements, and resale of the incumbent\u27s services. The Article highlights particularly inefficient and costly regulations while also drawing attention to regulations that have a significant positive outcome for consumers. The Author concludes with an overall estimate of the cost of federal telecommunications regulation to United States consumers

    Building Capacity for Economic Analysis at Independent Agencies

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    Independent regulatory agencies face increasing pressure to improve the quality of the economic analysis that informs their decisions about regulations. The administrator of the Office of Information and Regulatory Affairs (OIRA), Neomi Rao, has argued that regulations from independent agencies should be subject to the same economic analysis standards and review procedures as regulations from executive branch agencies. Sixteen state governors and attorneys general signed a letter requesting that President Donald J. Trump issue an executive order to accomplish that goal. Former OIRA administrators of both political parties agree. Requiring economic analysis and OIRA review is also one of the statutory regulatory process reforms that enjoys bipartisan support in Congress. Legal scholars like Cass Sunstein, Jonathan Masur and Eric A. Posner predict that federal courts will eventually adopt the doctrine that it is arbitrary for an agency to ignore economic factors if the authorizing statute does not prohibit the agency from considering them. In short, economic analysis of independent agency regulations is not just good public policy but it may soon become the law. Consequently, independent agencies should build the capacity to conduct more thorough economic analysis and integrate it into the regulation-writing process. In particular, independent agencies should undertake five steps to improve the quality of economic analysis and its use in decisions: In addition to building capacity, there is the issue of how the agency can credibly commit itself to implementing and sustaining these reforms. Experience shows it is possible for an agency to do so. To some extent, bureaucratic inertia plays a useful role. Restructuring of agencies and establishment of internal operating procedures are costly, so structural changes are more likely to survive than just changes in leadership or policies. The Federal Trade Commission, for example, has housed most of its economists in a separate Bureau of Economics since 1963. The Economic Analysis Group in the U.S. Department of Justice’s Antitrust Division was created in 1973. An agency can also commit by putting its policies and procedures for economic analysis in the Code of Federal Regulations (CFR). The U.S. Department of Energy, for example, codified its regulatory analysis procedures for its regulations establishing energy or water efficiency standards for appliances. In the CFR, the Energy Department outlines major factors it will consider when designing the regulations, explains how the analysis of these factors will be conducted, commits to publishing an advance notice of proposed rulemaking that specifies the alternative standards under consideration and preliminary analysis of those standards, and establishes procedures for stakeholder feedback. The Federal Communications Commission used a less detailed version of this strategy when it created its Office of Economics and Analytics in January 2018. Duties of the new office listed in the CFR include preparation of “a rigorous, economically-grounded cost-benefit analysis for every rulemaking deemed to have an annual effect on the economy of $100 million or more.” Short of amending its portion of the CFR, an agency can make a public commitment that would be embarrassing or difficult to renege upon. The general counsel and chief economist of the U.S. Securities and Exchange Commission (SEC) took this approach in March 2012 when they issued a joint guidance memo on economic analysis that essentially committed the SEC to following the analytical principles in Executive Order 12,866. The quality of the SEC’s economic analysis has improved substantially since then. Finally, the agency can contract for external enforcement of its economic analysis obligations. The 2018 Memorandum of Agreement between the U.S. Department of the Treasury and Office of Management and Budget on OIRA review of tax regulations is a recent example. For decades, the Internal Revenue Service had benefited from a loophole that exempted its regulations from OIRA review. The recent agreement closes that loophole by specifying that Executive Order 12,866 applies to tax regulations and establishing deadlines for OIRA review of tax regulations. By taking these steps, independent agencies can help ensure that their regulatory decisions are guided by actual evidence about regulation’s likely effects and less by mere intentions or hopes. Given the mounting external pressures for improved economic analysis at independent agencies, the agencies that adopt these measures sooner will look farsighted indeed

    Why and How Independent Agencies Should Conduct Regulatory Impact Analysis

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    Independent regulatory agencies face increasing pressure to conduct high-quality economic analysis of regulations, similar to the regulatory impact analysis conducted by executive branch agencies. Such analysis could be required by evolving judicial doctrines, regulatory reform statutes, or executive order. This article explains how regulatory impact analysis can contribute to smarter regulation, documents the current low quality of such analysis at many independent regulatory agencies, and offers a blueprint that independent agencies can use to build their capacity to conduct objective, high-quality analysis

    Improving Economic Analysis by Reorganizing Agencies’ Economists

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    It is a truism in management that organizational structure can affect results by altering information flows and incentives. The Administrative Conference of the United States (ACUS) recently retained me to produce a report that examines how the organization and management of economists in federal regulatory agencies can affect the quality and consideration of economic analysis that is intended to inform decisions about regulations. Based on the report, ACUS adopted a multi-part recommendation to help regulatory agencies assess how the organization and management of their economists can best promote objective analysis and effective communication of the results to decision-makers. Executive orders require executive branch agencies to conduct regulatory impact analyses to inform decisions about significant regulations. Some agencies not covered by these executive orders, such as the U.S. Securities and Exchange Commission, produce similar economic analyses due to statutory requirements or because they believe such analyses provide helpful input for making their decisions. The organizational structure for economists responsible for producing economic analysis of regulations typically takes one of three forms: divisional organization, under which the economists are located in and supervised by the program office that develops the regulations; functional organization, under which the economists are located in an economic analysis office separate from the program office and supervised by other economists; or hybrid organization, under which the economists who conduct economic analysis of regulations are located in the program office, but additional economists are located in a central office that reviews regulations and accompanying analysis. The report I prepared for ACUS summarizes relevant organization theory, published interview research, case studies, and an econometric study finding that functional organization of economists is associated with higher-quality regulatory impact analyses. The report also includes the results of interviews I conducted with both economists and non-economists who work on regulations in six cabinet agencies and two independent agencies. Organization theory, previously published research, and the new interviews conducted for this study tell a consistent story about the advantages and disadvantages of the different organizational structures for economists who conduct regulatory analysis. Choosing an organizational structure often involves a tradeoff between the quality and objectivity of economic analysis, and the extent to which policymakers consider the economic analysis in their decisions. Decision-making authorities, operating procedures, and practices can be developed to mitigate the disadvantages of the chosen organizational structure. Functional organization of economists, for example, can improve the quality and consistency of economic analysis. This structure allows senior economists to exercise quality control over the analysts’ work, ensuring that economists are evaluated by other economists with the expertise to evaluate their work. It also facilitates the hiring of better economists, encourages the development of standardized analytical procedures, and better insulates economists from pressure to produce analysis that simply justifies decisions that have already been made. On the other hand, functional organization can lead to less relevant economic analysis because economists are no longer working side-by-side with the personnel in the program office who are writing the regulations. Regulation-writers and decision-makers may also find it easier to ignore economic analysis because the economists producing it are in a different part of the organization. The disadvantages of functional organization, however, can be mitigated by including economists on interdisciplinary regulatory development teams from the outset. This ensures that the economic analysis reaches the ultimate decision-makers. It also gives the chief economist or other head of the agency’s economic analysis office sign-off authority on regulations. Divisional organization avoids some of the disadvantages of functional organization. For example, placing economists in the program office that writes the regulations can promote more relevant analysis. Economists may be more conversant with key decisions that need to be made in developing regulations. Economists are also more likely to involve themselves in the early phases of regulatory development, before many decisions are made, if they are in the program office. Divisional organization, however, also has its costs. When an agency’s regulatory economists are spread across multiple divisional organizations, they may have fewer opportunities to collaborate with each other and develop analytical procedures that are shared across the entire agency. In addition, economists who ultimately report to non-economists in a program office may feel more pressure to produce analysis that justifies decisions made in the program office. Economists’ analysis and recommendations may not even reach higher-level decision-makers. These shortcomings of divisional organization can be mitigated with appropriate decision-making authorities, procedures, and practices. Some agencies ensure that economists in program offices are managed by other economists. Many departments with divisional organization also have a central economics office that reviews regulations and the accompanying analysis to provide a quality check, provides leadership in developing analytical procedures, and arranges for analytical research and development that serves as an input into analysis for future rulemakings. The head of the central economics office also typically has some degree of sign-off authority on a regulation or its associated economic analysis. In effect, many agencies try to reduce the disadvantages of divisional organization by becoming hybrid organizations, which means including economists in both the program office and a central office that reviews regulations. A hybrid organization is not perfect, however, because economics staff in program offices can still be marginalized or face career disincentives for communicating with the central economics office when they see shortcomings in the program office’s analysis. ACUS issued its multi-part recommendation based on these findings. Its recommendation consists of five actions agencies can take to assess and improve their organization of economics analysts. First, and most fundamentally, ACUS said that agencies that conduct economic analysis to inform regulatory decisions should consider whether their existing organizational structure for economists facilitates the production of objective, consistent, and high-quality analysis. Second, the recommendation urges agencies to consider a list of the strengths and weaknesses of each organizational structure when assessing how the current organizational structure affects the quality of analysis and the flow of that information to decision-makers. Third, ACUS urges agencies that are starting up new economic analysis units or restructuring their existing economic analysis functions to consider the same factors. Fourth, the recommendation lists the primary strategies that agencies can employ to mitigate the disadvantages of each organizational structure. Finally, ACUS’s recommendation highlights three practices that can be helpful regardless of organizational form: If agencies take the ACUS recommendation to heart, they can improve the economic analysis their staffs produce. Ultimately, adopting this recommendation should lead to higher quality and more efficient government regulation

    Going Beyond Counting First Authors in Author Co-citation Analysis

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    The present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
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