12 545 U.S. at 996. Thus the Court recognized the Commission’s practice of regarding risks of “abuse [of] monopoly power” as pivotal in Computer II. While the 1996 Act by no means conditions classification under Title II on a finding of market power, Brand X shows that the Court recognized the relevance of market power to the Commission’s classification decisions. See Declaratory Ruling ¶ 47 (resting the classification decision in part on the desire to avoid “undermin[ing] the goal of the 1996 Act to open all telecommunications markets to competition”). Of course the Court’s citation of these instances of Commission reliance on the economic and social values associated with competition are just examples brought to our attention by Brand X. In addressing activities on the periphery of highly monopolized telephone service, the Commission has for nearly four decades made the presence or prospect of competition the touchstone for refusal to apply Title II. The Computer II decision, for example, says of the Computer I decision, “A major issue was whether communications common carriers should be permitted to market data processing services, and if so, what safeguards should be imposed to insure that the carriers would not engage in anti-competitive or discriminatory practices.” In re Amendment of Section 64.702 of the Commission’s Rules and Regulations (Second Computer Inquiry), 77 F.C.C. 2d 384, 389-90 ¶ 15 (1980) (“Computer II”). In the Computer II decision, it is hard to go more than a page or so without encountering discussion of competition. The decision concludes that, “In view of all of the foregoing evidence of an effective competitive situation, we see no need to assert regulatory authority over data processing services.” Id. at 433, ¶ 127. The competitiveness of the market was in large part what the inquiry was about. See Jonathan E. Nuechterlein & Philip J. Weiser, Digital Crossroads 190-91

Sélectionner le paragraphe cible3

Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières