By Harold Furchtgott-Roth

ISBN-10: 084474235X

ISBN-13: 9780844742359

The writer, who served as one of many 5 commissioners of the Federal Communications fee for numerous years, explains why this and different executive firms that aren't manage with separation of powers in brain turn out undermining the rule of thumb of legislation.

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Additional info for A Tough Act to Follow?: The Telecommunications Act of 1996 and the Separation of Powers Failure

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Successful business ventures are richly rewarded in part because most new ventures fail. Sophisticated businessmen know the odds are long. That day, however, everyone was smiling, each assuming that he would be the successful survivor. Practically everyone that day thought the Telecommunications Act of 1996 was an enormous success that would be good for business. Surely the problems that had vexed the communications industry had been solved by the Act. Ironically, that day few people had actually read the Act in its entirety.

4 The Courts and the Administration Will Not Discipline the FCC The potential of the FCC with its combined governmental authorities to exercise excess power would be curbed if one of the three major branches of the federal government would vigilantly review the agency and block its every excess. Under such circumstances, the FCC would be careful not to provoke that branch. But which branch limits the FCC? As this chapter will explain, neither the executive nor the judiciary directly disciplines it.

Between 1996 and the first quarter of 2000, the Act was the toast of the communications world. No Branch of Government to Discipline the FCC. But the initial August 1996 orders also offered firm evidence to some government officials and business leaders that the FCC rulemakings might be headed in the wrong direction. State officials and incumbent local exchange carriers were particularly concerned that the agency reserved too much power and discretion for itself and not enough for state officials, despite years of careful negotiation with Congress of statutory language that was supposed to preserve their authority.

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A Tough Act to Follow?: The Telecommunications Act of 1996 and the Separation of Powers Failure by Harold Furchtgott-Roth


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