THE INTERNET AND THE TELECOMMUNICATIONS ACT OF 1996

In this Essay, Senator Stevens discusses the Telecommunications Act of 1996 and how it has been interpreted by the Federal Communications Co mmission. Although the Senator argues that the FCC has improperly inte rpreted portions of the revised Act, leading to the preferential treat ment of the Internet and other hybrid services, he believes that the F CC should nor regulate the Internet. The Senator strongly believes tha t the Internet is a vibrant new communications medium that has the pot ential, among other things, to dramatically increase democratic partic ipation in government. Universal service, by providing greater access to telecommunications, is one of the most important elements to furthe ring this democratic goal. The Senator posits that the FCC's interpret ation of the revised Act will result in an unnatural migration of tele communications traffic to those communications media that are preferen tially treated. The Senator urges the FCC to look to the clear intent and plain meaning of the Act in determining its definitions, as well a s the consequences on the market. Until the FCC reevaluates its interp retation of the Telecommunications Act, it will continue to thwart the two main goals of the 1996 revision: (I) to preserve and advance univ ersal service and (2) to promote competition in all sectors of the com munications industry.