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Bloomberg Law

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Navigating the Non-Delegation Doctrine

This chapter explores the complexities of FCC taxation and its legal challenges through the lens of the non-delegation doctrine. It examines the historical context of telecommunications law, including the 1996 Telecommunications Act, while discussing the balance between legislative intent and agency discretion. Current debates, including a pending Supreme Court case, highlight the implications of delegating authority to private entities in shaping communications subsidies for low-income communities.

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