The Telecommunications Act of 1996 at 30, Part 3: A Few Important Accomplishments

Despite failures and open-ended provisions that led to continued Federal Communications Commission meddling in America’s communications and media marketplace, the Telecommunications Act of 1996 included some provisions that produced positive results. The law spurred a move away from price controls and rate-of-return regulations, which were highly destructive. It also clawed back authority from the courts, which had been empowered to dictate important policies for the communications marketplace by the 1984 AT&T antitrust breakup. Here, I focus on two of the most important elements of the Act. The first are preemption provisions that helped spur the development of robust nationwide markets. The second is Section 230 of the Communications Decency Act of 1996, which was part of the Telecom Act. This provision became a catalyst for the explosive growth of online markets and speech.