Note:
William A. Rogers, Jr., Repealing Section 222 of the Communications Act, 59 Texas L. Rev. 3 (1981).

Abstract:
Rogers’ note addresses the impact of Section 222 of the Communications Act of 1934. The primary effect of the Act was to divide the telecommunications industry into two distinct spheres: voice telecommunications and record telecommunications. The effect of Section 222 was to, in turn, further subdivide the record telecommunications market into domestic and international components. Rogers argues that in light of the tremendous changes that have occurred in telecommunications technology and resulting market structure, Congress should eliminate section 222’s division of the record telecommunications market. To facilitate an understanding of why the market dichotomy created by Section 222 is outmoded and should be abolished, Rogers provides a history of the special circumstances under which it was enacted. He then proceeds to review the major advances in alternative record telecommunications services that have in effect undermined the assumptions upon which the Section 222 structure was premised. He continues with a review of judicial decisions indicative of the FCC’s relative inability to cope with the service constraints imposed by Section 222 and concludes with the assertion that in light of all of these factors Section 22 should indeed be eliminated.