By Harold Furchtgott-Roth
The writer, who served as one of many 5 commissioners of the Federal Communications fee for a number of years, explains why this and different govt organisations that aren't organize with separation of powers in brain turn out undermining the rule of thumb of legislations.
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Extra resources for A Tough Act to Follow?: The Telecommunications Act of 1996 and the Separation of Powers Failure
Congress required the FCC to review its rules every two years under sections 11 and 202 and remove those that no longer made sense. • The cable problem. Congress rewrote many of the cable provisions of the Communications Act, giving far more flexibility to the cable industry and removing most forms of price regulation. THE TELECOMMUNICATIONS ACT OF 1996 33 • The “public interest” problem. Congress did not specifically address the “public interest” problem. Indeed, Congress added the phrase many times to new statutory language.
Similarly, the FCC would attempt to stretch the public interest standard to its administration of rules and its adjudication of disputes under them. Democratic institutions were subsequently undermined because the public found both Congress and the courts reluctant to interfere with the FCC and its public interest standard. If the FCC were slow and inefficient to administer some provisions of law, there was little adverse result for the agency. 30 A TOUGH ACT TO FOLLOW? Subtle Problems The problems associated with the combination of powers under the Communications Act of 1934 as described in this chapter did not result in tyrannical rule.
Americans in increasing numbers loved to watch cable, and by 1992, the 28 A TOUGH ACT TO FOLLOW? S. households subscribed to it. Paradoxically, as prices rose and professional comedians introduced more jokes about the poor quality of service, more consumers signed up. Despite the jokes, poor quality, and rising prices, American consumers viewed cable subscription as a good value relative to other uses of their money. Nevertheless, Congress identified the cable television industry as a target prime for attack.