54 Federal Communications Law Journal 281 (2002)
This Article reviews the history of the FCC's detariffing efforts, addressing the major issue raised not so much by detariffing itself, but by the FCC's 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's declaration and suggests that the FCC's 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's mass-market detariffing order. The Article concludes that the FCC's action is a manifest injustice to both carriers and consumers alike, and is a prime example of irresponsible agency regulation.
Helein, Charles H.; Marashlian, Jonathan S.; and Haddad, Loubna W.
"Detariffing and the Death of the Filed Tariff Doctrine: Deregulating in the “Self” Interest,"
Federal Communications Law Journal:
2, Article 4.
Available at: http://www.repository.law.indiana.edu/fclj/vol54/iss2/4