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Did The High Court Reach An Economic Low In Verizon v. FCC?

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  • Weisman Dennis L.

    (Department of Economics, Kansas State University)

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.

Suggested Citation

  • Weisman Dennis L., 2002. "Did The High Court Reach An Economic Low In Verizon v. FCC?," Review of Network Economics, De Gruyter, vol. 1(2), pages 1-16, September.
    • Handle: RePEc:bpj:rneart:v:1:y:2002:i:2:n:2
    DOI: 10.2202/1446-9022.1007
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    Cited by:

    1. Guthrie, Graeme & Small, John & Wright, Julian, 2006. "Pricing access: Forward-looking versus backward-looking cost rules," European Economic Review, Elsevier, vol. 50(7), pages 1767-1789, October.
    2. Sappington, David E.M., 2006. "On the design of input prices: Can TELRIC prices ever be optimal?," Information Economics and Policy, Elsevier, vol. 18(2), pages 197-215, June.
    3. Armstrong, Mark & Sappington, David E.M., 2007. "Recent Developments in the Theory of Regulation," Handbook of Industrial Organization, in: Mark Armstrong & Robert Porter (ed.), Handbook of Industrial Organization, edition 1, volume 3, chapter 27, pages 1557-1700, Elsevier.
    4. David E. M Sappington, 2005. "On the Irrelevance of Input Prices for Make-or-Buy Decisions," American Economic Review, American Economic Association, vol. 95(5), pages 1631-1638, December.
    5. Timothy Tardiff, 2015. "Prices based on current cost or historical cost: How different are they?," Journal of Regulatory Economics, Springer, vol. 47(2), pages 201-217, April.
    6. Lewis Evans & Graeme Guthrie, 2006. "Incentive Regulation of Prices When Costs are Sunk," Journal of Regulatory Economics, Springer, vol. 29(3), pages 239-264, May.

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