Bruce Owen’s recent Regulation article “Assigning Broadband Rights” (Summer 2004) considers two resources: “the right to control access to a local broadband system” and “the right to determine the technical standards that describe which transmissions will or will not be processed for local distribution.” With each “right,” he immediately moves to consider who, between the owner of physical assets and users of the network, should have the right he has identified. But should the resources that he has identified be subject to a property regime at all?