Detariffing and the Death of the Filed Tariff Doctrine: Deregulating in the “Self” Interest

Abstract

This Article reviews the history of the FCC\u27s detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC\u27s view of detariffing orders impact on the Filed Tariff Doctrine. Notwithstanding the existence of the Doctrine for nearly a century, the FCC, through detariffing, has declared the Doctrine dead. This Article formally opposes the FCC\u27s declaration and suggests that the FCC\u27s motivations behind detariffing have failed to consider, much less attempted to properly balance, the conflicting public interests involved. Comparing and contrasting the legal rights enjoyed by long-distance carriers under the Filed Tariff Doctrine to the rights and potential liabilities of carriers in its absence, this Article discusses the actions several states have taken immediately following the July 31, 2001 effective date of the FCC\u27s mass-market detariffing order. The Article concludes that the FCC\u27s action is a manifest injustice to both carriers and consumers alike, and is a prime example of irresponsible agency regulation

    Similar works