However, the newly revised definitions of "telecommunications," "telecommunications service" and "telecommunications carrier" contained in the Telecommunications Act may be broad enough to include Internet telephony as a new
common carrier service.
First, this Part does not attempt to comprehensively review the history of all of the undertakings that have been subjected, at some time or another, to
common carrier duties, nor does it attempt to discuss all of the duties to which
common carriers have been subjected.
Ten years ago we tapped three specialized
common carriers as "most likely to succeed" .
In other words," noted ICA, "utilization of existing CPCS is not a phenomenon that can be associated particularly with replacement of either local or toll
common carrier services.
The Supreme Court specifically limited its holdings in Denbury Green to those persons who claim
common carrier status under [section] 111.
For example, firms can more cost-effectively use a
common carrier for a route with a low backhaul potential, rather than selecting an internal private or dedicated truck for the route that would otherwise lower overall and increase cost.
Matthew Festa, a professor at the South Texas College of Law, said the proposal "doesn't really seem to address the main issue" in the
common carrier debate.
adopted were not actually
common carrier regulation, but rather
While this Article stresses that some services can be offered either on a
common carrier or non-
common carrier basis, there are services, such as ordinary residential long-distance and residential local phone service over the traditional circuit voice network, that are difficult to offer except on a
common carrier basis.
In other words, "to qualify as a
common carrier," the court stated in Denbury I, "a reasonable probability must exist, at or before the time common-carrier status is challenged, that the pipeline will serve the public by transporting gas for customers who will either retain ownership of their gas or sell it to parties other than the carrier.
002(6) of the Code provide, respectively, that "[c]ommon carriers have the tight and power of eminent domain" and, further, a company qualifies as a
common carrier for carbon dioxide if it "owls, operates, or manages, wholly or partially, pipelines for the transportation of carbon dioxide .
Dick Simon Trucking, a refrigerated
common carrier that generates revenues of $40 million annually, has completed the installation of 300 OmniTRACS units.
