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1996 Telecom Act affords FCC clear, unambiguous authority for Title II rulemaking

EldoTelecom

They hope to convince the courts the FCC lacked authority to issue the rulemaking classifying Internet protocol-based services -- advanced telecommunications – as a common carrier telecom utility service under Title II of the Communications Act. The problem is doesn't meet any of these tests.

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Does the FCC Have a Safe Harbor to Deregulate Despite the 1994 MCI Case Precedent?

Telefrieden

Despite all the speculation about pending foreclosure of regulatory agency discretion, there is a provision in the Telecommunications Act of 1996 that the Court might deem sufficiently clear to withstand the major question and ambiguity roadblocks: 47 U.S. Code § 160 - Competition in provision of telecommunications service.