[Congressional Record Volume 142, Number 64 (Thursday, May 9, 1996)]
[Senate]
[Page S4895]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       THE TELECOMMUNICATIONS ACT

  Mr. PRESSLER. Mr. President, on yet another subject, I hope that the 
Federal Communications Commission follows the intent of Congress 
regarding the recently passed Telecommunications Act. I was privileged 
to be able to author and chair the Joint House-Senate conference 
committee on telecommunications. But I fear that some of the 
deregulation and some of the good things in that bill are being taken 
away by regulators who are now writing the regulations for that bill.
  I have asked in our committee that we hold a hearing and bring those 
Commissioners before the Commerce Committee. I know many Members of the 
Senate have written to me urging such a hearing because they are 
concerned that the intent of Congress is not being followed.
  The telecommunications bill was a very well-written bill. We had a 
checklist for the entry of companies into the regional, local telephone 
business and also for entering into the long-distance telephone 
business. Those rules are set. Also, the whole issue of the States' 
power and participation with the States' public utilities commissions 
was clearly written out in that bill.
  I was just this morning told by one of our good public utilities 
commissioners that the States' powers are being undercut by the Federal 
Communications Commission. So we must be vigilant in trying to remind 
the Federal Communications Commission that their No. 1 guideline in the 
implementation of regulations is supposed to be intent of Congress.
  I remember in Clark Weiss' law class the importance of ``intent of 
Congress'' for administrative law. That is the key that these agencies 
are supposed to follow. But that has been abandoned in this Government 
because now the agencies are more powerful in some cases than Congress. 
That is unfortunate.
  But the Federal agencies, when they write the regulations, the 
foremost thing in their mind is supposed to be intent of Congress and 
not going off and starting to legislate all over. If they want to be 
legislators, they can go out and run, as I am running this year, and 
submit their name to the public. But they are not legislators. They are 
regulators. They are a regulatory agency, not the legislative branch of 
Government. I will plead with the FCC to remember that as they write 
those regulations. Mr. President, I yield floor.
  Mr. COVERDELL. Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The bill clerk proceeded to call the roll.
  Mr. COVERDELL. Mr. President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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