Howard Berman: “the conference report appropriately includes a strong, independent role for the Justice Department in evaluating…”

“the conference report appropriately includes a strong, independent role for the Justice Department in evaluating applications by RBOC's to provide long distance service. The FCC must consult with the Attorney General in determining whether RBOC entry is in the public interest, a requirement designed to ensure that the FCC gives proper regard to the Justice Department's special expertise in competition matters and in making judgments regarding the likely marketplace effects of RBOC entry into the competitive long distance markets. In fact, acknowledging the importance of the antitrust concerns raised by such entry and to check any possible abuses of RBOC market power, the bill specifically provides that the FCC accord substantial weight to the DOJ's views on these issues. I am pleased that we have secured the Justice Department's role as the country's antitrust expert by ensuring that its position is given serious substantive consideration on the merits by the FCC as well as in any ensuing judicial proceedings. However, I am gravely concerned that provisions in title V of the conference report, in particular, sections 502 and 507, are unconstitutional.”