TELRIC in Turmoil, Telecommunications in Transition: A Note on the Iowa Utilities Board Litigation

Abstract:     
This article addresses the essential jurisdictional dispute in Iowa Utilities Board v. FCC. Professor Chen argues that the Eighth Circuit erred in finding that the FCC lacked jurisdiction to issue a rule on the appropriate price of establishing local exchange facilities and services. In light of the Chevron doctrine and the larger tradition of judicial deference in public utility regulation, Professor Chen argues the appeals court should have upheld the FCC's rulemaking authority. Professor Chen contends that the Eighth Circuit's flawed analysis masks an unfounded belief that federalism justifies a strict limit on the FCC's jurisdiction. He concludes that the Supreme Court should reverse this aspect of the Eighth Circuit's decision in its forthcoming review of Iowa Utilities Board.

Number of Pages in PDF File: 49

Keywords: TELRIC, Telecommunications Act, Federal Communications Commission, Chevron, federalism

Accepted Paper Series