Larry Pressler: “The public interest, convenience, and necessity standard is the bedrock of the Communications Act of 1934 and the…”

“The public interest, convenience, and necessity standard is the bedrock of the Communications Act of 1934 and the foundation of all common carrier regulation. I am surprised that this standard has come under attack. where ``public interest'' originated The public-interest standard has been part of English common law since the 17th century. In a treatise on seaports by Lord Hale, this fundamental concept was stated: When private property ``is affected with a public interest, it ceases to be subject only to private control.'' This public-interest concept is the basis for the government's authority to regulate commerce, in general, and common carriers, in particular. The public-interest standard has been a cornerstone of U.S. common carrier law for more than a century. The U.S. Supreme Court applied the public-interest concept to American commerce for the first time in 1876. In Munn versus Illinois, the Supreme Court considered the possible constitutional limits upon government regulation of business. In Munn, the Court relied on Lord Hale's statement regarding public interest. The Supreme Court added that this principle ``has been accepted without objection as an essential element in the law of private property ever since.'' Two hundred years of English common law supported this precedent.”