MCI Worldcom, Inc. v. Federal Communications Commission

Opinion for the Court filed by Circuit Judge SILBERMAN.

SILBERMAN, Circuit Judge:

Petitioners, the large longdistance telecommunications carriers, seek review of an FCC order prohibiting them from filing tariffs with the Commission. We reject their petition.

I

Commission efforts to move to a nontar-iff environment for interexchange carriers — insofar as those carriers do not exercise market power — have not had an easy time with this court and the Supreme Court. For over six decades a tariff regime was mandated by the Communications Act of 1934, which requires the FCC to review telecommunications…