A New Takings Challenge to Access Regulation
American Bar Association, Section on Antitrust Law, Communications Industry Committee Newsletter
3 Pages Posted: 1 Sep 2008 Last revised: 18 Aug 2011
Date Written: Spring 2007
Telstra Corporation, the Australian incumbent telco, has engaged regulators in a running battle over access pricing, regulation of its proposed Next Generation Network (NGN) and a variety of other regulatory issues. On January 24, 2007, the company took the battle to a new level, filing a High Court challenge based on Section 51 (xxxi) of the Australian Constitution, the Australian equivalent of the Takings Clause of the Fifth Amendment to the U.S. Constitution. Takings Clause challenges to telco regulation in the United States have been notoriously unsuccessful. This article briefly reviews the issues in the case.
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