Federalism, Preemption, and Implementation of the 1996 Telecommunications Act

Paul Teske and Andrey Kuljiev

Publius: The Journal of Federalism, vol. 30, issue 1, 53-67

Abstract: This essay provides a positive analysis of regulatory federalism in the dynamic telecommunications industry since the 1996 federal Telecommunications Act. While the 1996 legislation clarified some contentious issues, and established a framework for resolving others, implementation by the FCC has not been as smooth as many participants originally assumed. State regulators have continued to play an important role in the industry, which court decisions have often upheld. As some jurisdictional issues do get resolved, others that were not anticipated in the legislation are emerging, largely related to regulation of Internet services. Copyright , Oxford University Press.

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