The future of telecommunications federalism
[Commentary] One issue that has received little attention thus far is the role of states in the Communications Act of tomorrow. Today’s information networks are different than in the past. Now, they are national in scope. Calling plans long ago eliminated the distinction between local and long-distance calls, and the Internet routes packets over the most efficient route on a moment-by-moment basis, making it virtually impossible to determine whether a particular transmission crosses state lines en route to its destination. Neither providers nor consumers distinguish between interstate and intrastate communications -- and the law should not do so either. In terms of a principled allocation of authority between the federal government and the states must flow from an appreciation of the relative strengths of each policymaker, it seems natural that a new Communications Act should preempt most state economic regulation of telecommunications networks. However, this does not mean that states do not have a role to play under a revamped Communications Act.
[Daniel Lyons is an assistant professor at Boston College Law School]