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Jurisdictional Gridlock: A Pathway Out of Darkness

Fortnightly Magazine - January 1 1996

this phenomenon in the telecommunications arena, where imputed federal and state access charges, particularly for local service, would increase traditionally subsidized state local telephone rates. In that situation, at least, the state has control over the intrastate access charges. In this case, FERC's comparability policy will inevitably lead to similar pressure, and offer utilities the opportunity to argue that they are subject to "trapped costs" if the state does not comply.

Although these conundrums exist, states need to move forward actively both at the state and federal level. To prevent the Mega-NOPR from becoming the legal Iwo Jima of the 90's, I urge consideration of the Ohio model for jurisdiction. Our model embraces

cooperation and competition, while establishing a workable bright line that can circumvent endless litigation between the FERC and the states. t

Craig Glazer is chairman of the Ohio Public Utilities Commission.

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