As the competition for electric power heats up, many utilities face the probable loss of existing customers, and winning competitors face Sherman Act liability
Article Abstract:
California, New York and a few other states have new programs to foster competitition by electric utilities, but Congress and most of the other states are still grappling with the issue. Effective retail competition in states still without laws is more likely to come to companies with enough muscle to ask utilities successfully for an attractive deal. A signal of a strong desire to seek the best price through 'requests for proposals' may also work. More lawsuits will probably be filed against those who will not cooperate, so utilities who refuse to accommodate greater competition may go through the expensive school of antitrust litigation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Regulatory reform in the cable industry: the effect of the 1992 Cable Act's must carry and retransmission consent rules on the industry and the consumer
Article Abstract:
The 1992 Cable Act, containing must carry and retransmission consent requirements, provided consumers with minimal rate inflation and increased channel offerings but did not provide broadcasters with additional revenue. Must carry rules require cable operators to carry local channels, but stations can grant retransmission consent instead. However, cable operators' refusal to pay the proposed retransmission fees drove broadcasters, faced with the possibility of being dropped from the cable systems, to grant consent without compensation in return for carrying the broadcasters' new second stations.
Publication Name: Administrative Law Review
Subject: Law
ISSN: 0001-8368
Year: 1995
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"Phony" intent?: An examination of regulatory-preemption jurisprudence
Article Abstract:
The Supreme Court's decision in Louisiana Public Service Commission v FCC is inconsistent with other decisions due to its by barring the FCC from preempting state regulation. The case centered on plant and equipment depreciation in the telecommunications industry, but case law allows preemption in electric power and cable television which are similar to telecommunication and should be referred to.
Publication Name: New York University Law Review
Subject: Law
ISSN: 0028-7881
Year: 1992
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