Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Is Federal Preemption Efficient In Cellular Phone Regulation, Thomas W. Hazlett
Federal Communications Law Journal
While many recent state-level efforts to regulate various aspects of the cellular phone industry have been abandoned in favor of federal regulations, other attempts by state regulators still exist. For this reason, Thomas Hazlett proposes that federal regulation is generally more appropriate than state-level action, due to the nature of the cellular industry. After a brief history of the industry, the author analyzes the pros and cons associated with state and federal regulation. The Article then proceeds to address the efficiencies created by national networks and proposes that the fragmentation of controlling regulatory power would reduce these efficiencies. Following a …
Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith
Federal Preemption Of State Universal Service Regulations Under The Telecommunications Act Of 1996, Mark P. Trinchero, Holly Rachel Smith
Federal Communications Law Journal
With the passage of the Telecommunications Act of 1996, Congress revamped federal universal service policy by requiring that universal service support be explicit. The Act also provides that states can supplement federal universal service support with state universal service support. However, under section 254(f) of the Act, state programs must not be "inconsistent with" the FCC’s rules for implementing the Federal Plan. Section 254(f) provides for express preemption of state universal service plans but uses FCC rules as a measure for determining when preemption is required. As a result, the case law governing express preemption by Congress is in and …