 and n. 253, quoting FCC 1979, p. 309). C. The Different Types of Access to Broadband Networks The debate over the regulation of last-mile broadband networks has also largely failed to take into account the differences between the different types of access sought. A close analysis reveals that each type of access has a different effect on network demand, optimal network configuration, transaction costs, the practical realities of implementation, and dynamic efficiency. 34 Lee Bollinger (1991) argued in favor of asymmetric regulation of print and broadcasting to allow experimentation with different policy approaches. Even commentators sympathetic to Bollinger's proposal criticized it as "too abstract, too speculative, insufficiently empirical" and concluded that it fell short of "fully grappling with some hard factual, predictive, and theoretical issues" (Sunstein 1993, pp. 111-12). The Regulation of Last-Mile Broadband Networks 1. Retail Access Retail access represents perhaps the most common form of access imposed on telecommunications providers. It provides every end user the right to benefit from the network's services on the same terms and conditions as other end users. To the extent that the carrier is a natural monopoly, retail access is usually accompanied by direct regulation of retail rates. As we discussed at greater length in Chapter 5, one of retail access's principal effects would be to limit last-mile broadband providers' ability to manage their net- works. A network owner will create sufficient capacity to satisfy projected demand and the level of reliability that customers demand. Because no forecast is ever perfect, at times network demand will exceed projected levels. The best long-run solution would be to expand capacity to meet the increased demand. The reality is that broadband capacity cannot be expanded instantaneously. Thus, the best long-run solution may be unavailable in the short run. When expanding capacity is impossible, network owners face three options: they can preserve network per