Federalism, Preemption, and Implementation of the 1996 Telecommunications Act

This essay provides a positive analysis of regulatory federalismin the dynamic telecommunications industry since the 1996 federalTelecommunications Act. While the 1996 legislation clarifiedsome contentious issues, and established a framework for resolvingothers, implementation by the FCC has not been as smooth asmany participants originally assumed. State regulators havecontinued to play an important role in the industry, which courtdecisions have often upheld. As some jurisdictional issues doget resolved, others that were not anticipated in the legislationare emerging, largely related to regulation of Internet services.