ABSTRACT
Rate-based regulation adds a cost to the firm of producing data for regulatory monitoring and slows down business activity. The FCC has questioned the traditional assumption that common carriers are always capable of charging consumers a monopoly price. The aspect of the 30 MHz allocation which is challenged is the authorization of a new category of entrepreneurial mobile operators who will share access to the allocated spectrum with private operators eligible under the Public Safety, Industrial and Land Transportation Radio Services. The non-common carrier classification is the pivot upon which the Commission's scheme for regulating SMRS turns. It makes clearly inapplicable the stringent rate and service regulations of the Title II Common Carrier provisions. In 1988 Congress amended Section 223(b) of the Communications Act to impose a ban on indecent as well as obscene interstate commercial telephone messages, known as dial-a-porn.
