Did the High Court Reach an Economic Low in Verizon V. Fcc?

Review of Network Economics, Vol. 1, September 2002

16 Pages Posted: 11 Dec 2002

See all articles by Dennis Weisman

Dennis Weisman

Kansas State University - Department of Economics

Abstract

The Supreme Court's decision in Verizon v. FCC rests on two errant interpretations of the 1996 Telecommunications Act: First, the Act represents a new form of regulation rather than a deregulatory statute; Second, Congress intended that the playing field be tilted in favor of new entrants. Under the Chevron Doctrine, deference is given to the controlling federal agency if there is a "rational connection" between the regulations and statutory intent. The Court ruled that the FCC's implementation of the Act survives that scrutiny. This discussion contests that finding and argues that the FCC's regulations undermine the goals of the Act.

Keywords: Telecommunications, TELRIC, pricing, Verizon v FCC

JEL Classification: L4, L5, L9, K2

Suggested Citation

Weisman, Dennis, Did the High Court Reach an Economic Low in Verizon V. Fcc?. Review of Network Economics, Vol. 1, September 2002. Available at SSRN: https://ssrn.com/abstract=338940 or http://dx.doi.org/10.2139/ssrn.338940

Dennis Weisman (Contact Author)

Kansas State University - Department of Economics ( email )

Manhattan, KS 66502-4001
United States

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