mci telecommunications argued march decided june page together et al american telephone telegraph et also certiorari title requires communications common carriers file tariffs federal communications commission authorizes commission modify requirement made section relying latter provision commission issued order determining earlier decision make tariff filing optional nondominant long distance carriers within authority modify american telephone telegraph dominant long distance carrier filed motion appeals seeking summary reversal commission order motion granted basis prior decision determining commission authorization permissive detariffing violated held commission permissive detariffing policy valid exercise authority modify requirement virtually every dictionary use time statute enacted defines modify meaning change moderately minor fashion word modify must seen connotation increment limitation contemplate basic fundamental changes also demonstrated fact exception deals minor matter commission may require period giving notice tariff changes exceed days commission page ii permissive detariffing policy justified nonfundamental modification tariff filing requirement heart common carrier subchapter communications act policy eliminates requirement entirely except one firm long distance sector consumers sector moreover hard imagine condition shared many affected parties qualifies special requirement commission proceeds general order make modification order apply special circumstances conditions commission interpretation statute therefore entitled deference since goes beyond meaning statute bear congress seemed manifest agreement parties respective interpretations later legislation irrelevant consistent history legislation one interpretation essential finally petitioners argument interpretation better serves act broad purpose promoting efficient telephone service addressed congress pp affirmed scalia delivered opinion rehnquist kennedy thomas ginsburg joined stevens filed dissenting opinion blackmun souter joined took part consideration decision cases mci telecommunications justice scalia delivered opinion section title code requires communications common carriers file tariffs federal communications commission authorizes commission modify requirement cases present question whether commission decision make tariff filing optional nondominant long distance carriers valid exercise modification authority like cases involving role american telephone telegraph company national telecommunication system long history understanding cases requires brief mci telecommunications review commission efforts regulate deregulate telecommunications industry congress created commission vertically integrated bell system held virtual monopoly nation telephone service communications act stat amended authorized commission regulate rates charged communication services ensure reasonable nondiscriminatory requirements common carriers file rates commission charge filed rate centerpiece act regulatory scheme technological advances reduced entry costs competitors market long distance telephone service commission recognizing feasibility greater competition passed regulations facilitate competitive entry competition provision long distance service well established urged continuation extensive tariff filing requirements served impose unnecessary costs new entrants facilitate collusive pricing commission held hearings matter see competitive carrier notice inquiry proposed rulemaking following issued series rules produced litigation first report order distinguished dominant carriers market power nondominant carriers long distance market amounted distinction everyone else relaxed filing procedures nondominant carriers second report order commission entirely eliminated filing requirement resellers terrestrial common carrier services policy optional filing permissive detariffing extended resellers mci telecommunications specialized common carriers including petitioner mci telecommunications fourth report order virtually remaining categories nondominant carriers fifth report order commission shifted mandatory detariffing policy prohibited nondominant carriers filing tariffs see sixth report order appeals district columbia circuit however struck sixth report mandatory detariffing policy challenge brought somewhat ironically appears mci see mci telecommunications fcc ginsburg appeals reasoned command common carrier shall file tariffs mandatory although authorizes commission modify requirement section appeals concluded phrase suggest ed circumscribed alterations fcc wholesale abandonment elimination requirement wake invalidation mandatory detariffing appeals mci continued practice filing tariffs certain services pursuant permissive detariffing policy fourth report order august filed complaint pursuant third party complaint provision communications act alleged mci collection unfiled rates violated mci responded fourth report substantive rule mci legal obligation mci telecommunications file rates rejoined fourth report order simply statement commission nonenforcement policy immunize mci private enforcement actions fourth report order established substantive rule excess statutory authority commission take final action complaint almost two years filing see communications mci telecommunications fcc rcd characterized fourth report order substantive rule dismissed complaint ground mci compliance rule refused address however contention rule ultra vires announcing instead proposed rulemaking consider question see tariff filing requirements interstate common carriers notice proposed rulemaking fcc rcd petitioned review arguing inter alia commission lacked authority defer later rulemaking consideration issue dispositive adjudicatory complaint appeals district columbia circuit granted petition review see fcc silberman appeals characterized commission failure address authority promulgate permissive detariffing policy sort administrative law shell game addressing question appeals concluded permissive detariffing policy fourth report order rendered indefensible mci decision whether detariffing made mandatory sixth report simply permissive fourth report carriers either event relieved obligation file tariffs section step exceeds limited authority granted commission section mci telecommunications modify requirements act appeals remanded case commission award appropriate relief see denied certiorari moving admirable dispatch less two weeks decision appeals concerning adjudicatory proceeding commission released report order rulemaking proceeding commenced response complaint see tariff filing requirements interstate common carriers fcc rcd stayed pending notice fcc rcd report order issue case commission relying upon authority modify twice rejected circuit determined permissive detariffing policy within authority communications act filed motion circuit seeking summary reversal commission order motion granted unpublished per curiam order stating decision fcc conclusively determined fcc authorization permissive detariffing violates section communications act app pet cert mci together commission petitioned certiorari granted petitions consolidated ii section communications act contains filed rate provisions act commission disputed modification authority provides relevant part filing public display mci telecommunications every common carrier except connecting carriers shall within reasonable time commission shall designate file commission print keep open public inspection schedules showing charges whether charges joint separate showing classifications practices regulations affecting charges changes schedule discretion commission modify requirements change shall made charges classifications regulations practices filed published except one hundred twenty days notice commission public shall published form contain information commission may regulations prescribe commission may discretion good cause shown modify requirement made authority section either particular instances general order applicable special circumstances conditions except commission may require notice period specified paragraph one hundred twenty days overcharges rebates carrier unless otherwise provided authority chapter shall engage participate communication unless schedules filed published accordance provisions chapter regulations made thereunder carrier shall charge demand collect receive greater less different compensation communication charges specified schedule effect refund remit means device portion charges specified extend mci telecommunications person privileges facilities communication employ enforce classifications regulations practices affecting charges except specified schedule ed supp iv support position petitioners cite dictionary definitions contained derived single source webster third new international dictionary webster third includes among meanings modify make basic important mci telecommunications change petitioners contend establishes sufficient ambiguity entitle commission deference acceptance broader meaning turn requires approval permissive detariffing policy see chevron natural resources defense council short contend courts must defer agency choice among available dictionary definitions citing national railroad passenger boston maine boston maine stand proposition case involved question whether statutory term required mean demanded essential also mean demanded appropriate holding latter permissible interpretation chevron deference owed opinion rely exclusively upon dictionary definitions also upon contextual indications see ibid present case shall see contradict petitioners position moreover boston maine opinion spoke alternative dictionary definitions ibid refer one dictionary whose mci telecommunications suggested meaning contradicts virtually others referred alternative definitions within dictionary cited webster third happens represented dictionary giving alternatives contrary said alternative interpretations old jurisprudence citing mcculloch maryland wheat see also webster new international dictionary ed new shorter oxford english dictionary giving alternatives cases verbal ambiguity statutes involve boston maine selection accepted alternative meanings shown many dictionaries one envision though case immediately come mind choose accepted alternative meanings one newly accepted recorded single lexicographer dictionary must first record widespread use projection example mean forecast petitioners demand accept creating ambiguity rarity even rarer meaning set forth single dictionary say progeny supplements meaning contained dictionaries contradicts one meanings contained virtually dictionaries indeed contradicts one alternative meanings contained dictionary observed webster third defines modify connote specifically major change specifically minor change hard see word modify come mean change respects change fundamentally fact mean neither things simply mean change adverb called mci telecommunications service indicate great small degree change peculiar webster third definition means suggest happened petitioners suggest appealing webster third simply disagree modify view connotes moderate change might good english say french revolution modified status french nobility figure speech called understatement literary device known sarcasm might unsurprising discover white house press release saying administration modifying position regard prosecution war vietnam press agents tend impart nowadays called spin intentional distortions simply careless ignorant misuse must formed basis usage webster third webster third alone reported perhaps gilding lily add communications act became law relevant time determining statutory term meaning see perrin webster third yet even contemplated knowledge english dictionaries provided narrow definition modify including mci telecommunications published merriam company see webster new international dictionary ed webster collegiate dictionary ed slightest doubt meaning statute intended beyond word indication authority modify contemplate fundamental changes sole exception authority section provides one requirements changes filed tariffs made days notice commission public exception commission modification authority follows except commission may require notice period specified paragraph one hundred twenty days conceivable statute indifferent commission power eliminate tariff filing requirement entirely except one firm long distance sector yet strains gnat extending waiting period tariff revision beyond days think exception ridiculous lilliputian london found lilliput world modifications big deal since agency interpretation statute entitled deference goes beyond meaning statute bear see pittston coal group sebben chevron commission permissive detariffing policy justified makes less radical fundamental change act tariff filing requirement commission attempt establish involved greatly understates extent policy deviates filing requirement greatly undervalues importance filing requirement mci telecommunications consider latter point first body law body person whether change minor major depends extent upon importance item changed whole loss entire toenail insignificant loss entire arm tragic tariff filing requirement pursue analogy heart common carrier section communications act context interstate commerce act served model see mci telecommunications fcc cadc repeatedly stressed rate filing congress chosen means preventing unreasonableness discrimination charges relation indissoluble unity provision establishment maintenance rates corrected accordance statute prohibitions preferences discrimination texas pacific abilene cotton oil see also robinson baltimore ohio duty file rates commission analog obligation charge rates analog always considered essential preventing price discrimination stabilizing rates maislin industries primary steel see also arizona grocery atchison filing requirements render rates definite certain prevent discrimination abuses armour packing elimination filing requirement opens door possibility abuses unequal rates design statute prohibit punish maislin concluded compliance provisions utterly central administration act quoting regular common mci telecommunications carrier conference cadc much rest communications act subchapter applicable common carriers see act procedural administrative provisions premised upon tariff filing requirement example defines overcharges customers entitled recover reference filed rate see provisions allowing customers competitors challenge rates unreasonable discriminatory see susceptible effective enforcement rates publicly filed see maislin rate filings fact essential characteristic industry highly unlikely congress leave determination whether industry entirely even substantially agency discretion even unlikely achieve subtle device permission modify rate filing requirements bearing mind enormous importance statutory scheme tariff filing provision turn whether occurred considered mere modification commission stresses detariffing policy applies nondominant carriers rates charged half mci telecommunications consumers market file commission clear us proportion customers affected rather proportion carriers affected proper measure extent exemption course carriers long distance market exempted except even assuming think elimination crucial provision statute major sector industry much extensive considered modification reality fundamental revision statute changing scheme rate regulation long distance common carrier communications scheme rate regulation effective competition exist may good idea idea congress enacted law apart failure qualify modification independent reason commission detariffing policy come within authority modify provision requires commission proceeds general order opposed acts particular instances make modification order apply special circumstances conditions although somewhat elastic phrase infinitely hard imagine condition shared long distance customers long distance carriers except one qualifies special within intent limitation mci telecommunications sides dispute contend congress manifested later legislation agreement respective interpretations communications act petitioners point amendment act require operator service providers osps file informational tariffs phased four years see telephone operator consumer services improvement act tocsia stat supp iv petitioners reason must envision background permissive filing since otherwise permitted informational tariffs even rigorous requirements hand claims congress manifested agreement position recent amendment supp gives commission authority limit tariff filing requirement commercial mobile carriers authority unnecessary commission view correct conflicting arguments indicate congress aware tug war commission circuit authority relax filing requirements different times proceeded different assumptions win consistent history legislation one interpretation act essential rather two pieces legislation first one interpretation act congenial enough change anything mci telecommunications finally petitioners earnestly urge interpretation furthers communications act broad purpose promoting efficient telephone service claim although filing requirement prevented price discrimination unfair practices maintained monopoly long distances service frustrates goals greater competition market specifically contend filing costs raise artificial barriers entry publication rates facilitates parallel pricing stifles price competition considerable sympathy arguments though doubt makes sense one concerned use filed tariffs communicate pricing information require filing dominant carrier firm likely price leader policed trade associations rate bureaus antitrust laws precisely sharing pricing information facilitate price fixing see sugar institute american column lumber protected regulated firms types antitrust suits brought basis filed rates see square niagara frontier tariff bureau noted earlier term considerable debate forums wisdom filed rate doctrine securities services kmart slip broadly value continued regulation telecommunications industry estimations commission estimations desirable policy alter meaning federal communications act better worse act establishes rate regulation filed tariff system common carrier communications commission desire increase competition provide authority alter mci telecommunications statutory filed rate requirements maislin observed context dispute filed rate doctrine years ago considerations address congress courts armour packing mean suggest requirement inviolate commission existing modification authority reach certainly commission modify form contents location required filings defer filing perhaps even waive altogether limited circumstances goes well beyond effectively introduction whole new regime regulation competition may well better regime one congress established judgment appeals affirmed justice took part consideration decision cases footnotes petitioners also cite webster ninth new collegiate dictionary includes among definitions modify make basic fundamental changes often give new orientation serve new end might also cited webster eighth new collegiate dictionary contains definition webster seventh new collegiate dictionary contains definition webster third new international dictionary quoted text webster new collegiate dictionaries published merriam company springfield massachusetts essentially abridgments company webster new international dictionaries recite based upon lengthier works last new collegiate based upon webster second new international rather webster third include basic fundamental change among accepted meanings modify see webster new collegiate dictionary ed unlikely hypothesis upon appearance webster third widely criticized portrayal common error proper usage see follett sabotage springfield atlantic barzun dictionary american scholar spring dwight macdonald string unwound new yorker mar example approval without qualification use infer mean imply infer give reason draw inference concerning hint take part debate except ask question inferring constitution must changed manchester guardian weekly webster third new international dictionary dissent misrepresents say sentence see post addresses two paragraphs argument made simply say maislin eliminating tariff filing requirement frustrate complaint proceedings eliminating requirements indeed even eliminating complaint proceedings frustrate ultimate purposes act perhaps dissent asserts perhaps even eliminating fcc fcc bound ultimate purposes congress selected means deemed appropriate prescribed pursuit purposes dissent suggests ignore subsection act prohibits carriers providing service absence filed rate unless provided authority chapter dissent asserts phrase must refer modification authority see post perhaps though contradict interpretation acknowledged see infra might limited circumstances mci telecommunications permit commission waive filing requirement fact easily read referring express exemption connecting carriers authorization services carriers pursuant contractual rates exemptions mobile carriers express statutory exemptions filing requirements mci telecommunications justice stevens justice blackmun justice souter join dissenting communications industry unusually dynamic character congress authorized federal communications commission fcc regulate field enterprise dominant characteristic rapid pace unfolding national broadcasting communications act act gives fcc unusually broad discretion meet new unanticipated problems order fulfill sweeping mandate make available far possible people rapid efficient nationwide worldwide wire radio communication service adequate facilities reasonable charges consistent interpretation act afforded commission mci telecommunications ample leeway interpret apply statutory powers responsibilities see southwestern cable fcc pottsville broadcasting today abandons approach favor rigid literalism deprives fcc flexibility congress meant order implement core policies act rapidly changing conditions time communications act passed telephone industry dominated american telephone telegraph company affiliates title ii act establishes framework fcc regulation common carriers wire clearly response dominance senate report explained nder existing provisions interstate commerce act regulation telephone monopoly practically nil vast monopoly immediately serves needs people daily social life must effectively regulated wire communications provisions act address problems distinctly associated monopoly section requires telephone carriers furnish communication service upon reasonable request therefor mandates charges practices classifications regulations reasonable section forbids carriers make unjust unreasonable discrimination charges practices mci telecommunications classifications regulations facilities services give undue unreasonable preference advantage particular person class persons locality commission upon complaint motion may hold hearings upon declare lawfulness proposed rate increases may prescribe reasonable charges upon finding carriers actual proposed charges illegal persons damaged carrier violation statute right damages person may file commission complaint violation act section modeled upon filed rate provisions interstate commerce act see supra requires common carriers connecting carriers file commission print keep open public inspection schedules showing charges connecting carriers telephone carrier must allow period lead time tariff goes effect unless otherwise provided authority act may provide communication services except according filed schedule tariff filing section communications act however contains proviso changes schedule discretion commission modify requirements commission may discretion good cause shown modify requirement made authority section either particular instances general order applicable special circumstances conditions except commission may require notice period specified paragraph one hundred twenty days mci telecommunications supp iv ii response new conditions communications industry including stirrings competition long distance telephone market fcc began reexamining regulatory scheme commission tentatively concluded costly tariff filing requirements unnecessary actually counterproductive applied nondominant carriers whose lack market power leaves unable extract supracompetitive discriminatory rates customers see competitive carrier rulemaking relaxing regulatory burdens upon new entrants foster competition telecommunications markets time forces competition ensure firms without monopoly power comply act prohibitions unreasonable rates price discrimination see commission explained tariff filing obligations nondominant firms simultaneously superfluous consumer protection device since competition circumscribes prices practices companies inimical price competition service marketing innovation deregulation telecommunications services accordingly series rulings early commission issued orders progressively exempting specified classes nondominant mci telecommunications carriers obligation file tariff schedules see second report order third report order commission fourth report order extended reaffirmed permissive detariffing policy dominant long distance carriers must file tariff schedules whereas nondominant carriers although subject act prohibitions unreasonable rates price discrimination may need file instant november report order rcd fcc adhered policy excusing nondominant providers long distance telephone service filing requirement codified longstanding forbearance policy commission reaffirmed commitment adapt regulation telecommunications common carriers changed circumstances competition develop regulatory approach furthers purposes act fostering innovation efficient development telecommunications industry explained view permissive detariffing furthered goals since initial stages detariffing see commission found principal statutory authority detariffing modify requirement language rcd ctual experience permissive detariffing including increase number long distance carriers decade later confirm ed success fcc approach furthering statutory goals communications act iii although majority observes relaxation requirements might effectively mci telecommunications enhance competition ante take issue commission conclusions mandatory filing tariff schedules serves useful purpose actually counterproductive case carriers lack market power prior detariffing orders see nondominant carrier sought charge inflated rates customers simply move carriers rcd moreover absence market power ordinarily preclude firms kind engaging price discrimination see sullivan law antitrust firm discriminate unless market power areeda antitrust law pp commission plausibly concluded slight enforcement benefits tariff filing requirement might offer outweighed burdens put new entrants consumers thus sole question us whether fcc policy however sensible nonetheless inconsistent act view commission detariffing orders squarely within power modify requirement subsection plainly confers least discretion modify general rule carriers file tariffs speaks requirement subsection act ignored squarely supports fcc position prohibits carriers providing service without tariff unless otherwise provided authority act subsection plainly one provision otherwise provides thereby authorizes service without filed schedule fcc authority modify requirements particular instances mci telecommunications general order applicable special circumstances conditions emphasizes expansive character commission authority modifications may narrow broad depending upon commission appraisal current conditions vantage congress seeking regulate almost completely monopolized industry advent competition surely special circumstance condition might legitimately call different regulatory treatment statutory exception commission modification authority provides may extend notice period set see act thus imposes specific limit commission authority stiffen regulatory imposition carriers confine commission authority relax stretch fcc draw single unidirectional statutory limitation modification authority inference authority otherwise unlimited see rcd according term modify explicated unreliable dictionaries ante rules commission claimed authority relieve nondominant carriers basic obligation file tariffs dictionaries useful aides statutory interpretation substitute close analysis words mean used particular statutory context cf cabell markham hand even sole possible meaning modify make minor changes ante elaboration needed mci telecommunications show detariffing policy fail commission came present policy series rulings gradually relaxed filing requirements nondominant carriers whether current policy count cataclysmic merely incremental departure baseline depends whether one focuses particular carriers obligations file case commission policy arguably works major shift statutory policies behind tariff filing requirement remain satisfied market constraints nondominant carriers obviate need rate filing viewed part statute whose aim constrain monopoly power commission decision exempt nondominant carriers rational measured adjustment novel circumstances one remains faithful core purpose tariff filing section see black law dictionary ed defining modification change alteration introduces new elements details cancels leaves general purpose effect intact seizes upon particular sense word modify expense another meaning fully supports commission position word first defined webster collegiate dictionary ed meaning limit reduce extent degree commission permissive mci telecommunications detariffing policy fits comfortably within common understanding term effect adopted general rule stating dominant must file nondominant need commission partial detariffing policy excuses nondominant carriers filing condition remain nondominant simply relaxation costly regulatory requirement recent developments rendered pointless counterproductive certain class cases modification pursuant like order issued act must course consistent purposes statute point asserts act prohibition unreasonable discriminatory rates susceptible effective enforcement rates publicly filed ante determination course commission make first instance commission repeatedly explained carrier lacks market power entirely unlikely charge unreasonable discriminatory rates ii statutory bans unreasonable charges price discrimination mci telecommunications apply full force regardless whether carriers file tariffs iii suspected violations nondominant carriers addressed commission motion damages complaint filed pursuant iv fcc reimpose tariff requirement violations occur see rcd adequately respond fcc explanations gives reason whatsoever doubt commission considered judgment tariff filing altogether unnecessary case competitive carriers see rcd majority ineffective enforcement argument lacks evidentiary historical support argument also demonstrably incorrect contemporary cousin communications act price discrimination act enacted contains much broader prohibition price discrimination communications act statute performed mission almost years without counterpart filed rate doctrine indeed substantive requirements title ii communications act apply connecting carriers even though exempts carriers tariff filing provisions see national assn regulatory utility commr cadc cert denied small fraction competitive carriers mci telecommunications existed represents market growth occurred detariffing policy effect without indication absence filed schedules produced discriminatory unreasonable pricing nondominant carriers extolling enormous importance filed rates ante resorting dictionary definitions colorful metaphors unsatisfactory substitutes reasoned explanation statute requires rate filing even practice serves useful purpose actually harms consumers filed tariff provisions communications act ends merely one several procedural means commission ensure carriers charge unreasonable discriminatory rates see commission reasonably concluded particular means enforcing statute substantive mandates prove counterproductive case nondominant long distance carriers even congress define scope commission modification authority perfect scholarly precision surely paradigm case judicial deference agency interpretation particularly statutory regime obviously meant maximize administrative flexibility mci telecommunications whatever best reading commission reading view termed unreasonable informed practical understanding role lack thereof filed tariffs play modern regulatory climate telecommunications industry since fcc sought adapt measures originally designed control monopoly power new market conditions carefully consistently explained mandatory tariff filing rules frustrate core statutory interest rate reasonableness commission use discretion expressly conferred reflects reasonable accommodation manifestly competing interests entitled deference regulatory scheme technical complex agency considered matter detailed reasoned fashion decision involves reconciling conflicting policies chevron natural resources defense council footnotes omitted fcc permissibly interpreted authority service goals congress set forth communications act sustain eminently sound uncommonly well explained judgment respectfully dissent see investigation telephone industry sess chronicling bell system development nationwide unified system monopolize telephone part national communication field prevention elimination effective competition see also xxxi telephone business monopoly supposed regulated subsection must merely allow commission dictate form contents tariff filings separately grants authority petitioner mci points revolutionary consent decree providing breakup bell system per proposal entitled modification final judgment see american tel tel aff statute imposes limit commission authority shorten interval filing tariff bringing effect sign anyone actually pays attention tariffs filed nondominant carriers additional step eliminating filing requirement less important even appears recognize commission sometimes excuse carriers filing tariffs see ante see also oxford english dictionary ed alter direction moderation lenity make less severe mci telecommunications rigorous decided qualify tone donne mariana modefies doctrine prince execute clergy man though hee deser random house dictionary english language ed reduce lessen degree extent moderate soften modify one demands webster third new international dictionary make temperate less extreme lessen severity traffic rules modified let pass webster new collegiate dictionary make less extreme moderate webster seventh new collegiate dictionary webster new international dictionary ed reduce extent degree moderate qualify lower modify heat pain punishment webster american dictionary english language moderate qualify reduce extent degree grace modifies first severe decree dryden suggests commission detariffing policy disrupts statutory scheme defines recoverable overcharges reference filed tariffs see ante overcharge suits definition depend presence tariffs means aggrieved telephone customers recover section allows recover damages carriers violated act turn existence tariff see also majority considers unlikely congress conferred power commission exempt carriers supposedly pivotal rate filing obligation see ante surely delegation place statute also empowers fcc example decide public convenience interest necessity requires see prescribe rules regulations may necessary public interest see also rigid reading step prior recognition act meant supple instrument exercise discretion expert body congress charged carry legislative policy fcc pottsville broadcasting page