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To: lml who wrote (2644)	7/15/1999 11:18:00 AM
From: Frank A. Coluccio	Read Replies (1) \| Respond to of 4298

There are a great many problems in arriving at a binary kind of on-off "who does what." The rules as they once existed in the past, while somewhat arbitrary, were at least predicated on some rational arguments that made them either federal or state, long distance or local, entertainment or enhanced service provision. And those underlying reasons in the past could be traced and tracked directly to and with the underlying services and their supporting technologies which were being regulated. Today, things have shifted entirely in the carrier and service providers' service areas as reflected by their new (and often convergent) technology underpinnings, which for the most part lie in a suspended state of emulsion. A cloudy mess through a translucent, yet not fully transparent, mire of issues that defy any such rational order as once existed. The Third Wave has kicked up a lot of bottom sand, in other words, which will not settle back to the bottom ever again. So, then, what to do?

To: lml who wrote (2644)	7/15/1999 4:57:00 PM
From: Robert Scott	Read Replies (1) \| Respond to of 4298

Courts were never intended to determine policy. They have only stepped in when the political process failed to take up the challenge and even then they are loathe to do it. Courts were constitutionally authorized to hear specific controversies not determine broad policies. What should happen is that the FCC, who Congress has authorized to determine these matters, should come out with a ruling which can then be challenged by the states. The matter would most likely get resolved at the Circuit Court level where their role would properly be to determine the constitutionality of the ruling - not whether it is the best policy.