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> The FCC action was spurred partly by an Oregon state Supreme Court decision that upheld a 7% "telecommunications" license fee the city of Eugene imposed on Co
by elliekelly 7y ago
> The FCC action was spurred partly by an Oregon state Supreme Court decision that upheld a 7% "telecommunications" license fee the city of Eugene imposed on Comcast. The FCC's Republican majority says the court got the law wrong.
So Congress passed a law. A state Supreme Court interpreted the law. And then a Federal Regulator, tasked with devising rules to implement the law, decided that the court got it wrong and just writes a new rule? That's not really how it's supposed to work. If the Oregon state Supreme Court actually "got it wrong" then SCOTUS or Congress can correct it, not the FCC.
- SamReidHughes 7y agoThat is how it’s supposed to work. Congress can delegate regulation writing powers to federal agencies. The state Supreme Court can interpret the rules one way, and then the FCC may change the rules. If Congress has let them. Now maybe Congress shouldn’t be allowed to delegate it’s powers, but that ship has long past sailed.