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Preempteruption

We hear big business saying it again and again: Washington, save us from the states! It's tough enough being regulated by one government in D....

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We hear big business saying it again and again: Washington, save us from the states! It's tough enough being regulated by one government in D.C., the argument goes. Try being regulated by 51 governments.

This week, I went to see U.S. Sen. Ted Stevens (pictured) give a speech to a conference of state utility commissioners (NARUC). Stevens, who chairs the Senate Commerce Committee, floated an interesting solution to the 51-government problem.

First, to frame the issue, Stevens noted that national cell phone companies cannot print standardized bills for their customers, because different states require bills to be printed using different font sizes.

"Communications industries across the board have complained that the patchwork of American law created by 50 state legislatures, 50 state public utility commissions, 30,000 franchise authorities, and even more municipalities--not to mention Congress and the FCC--make it nearly impossible to enter this business," Stevens said.

Stevens' idea is to create joint boards of federal and state regulators. Joint boards would develop national standards--say, on how cell phone bills should be printed. In this case, the FCC would adopt the standard, but then leave enforcement to the states. "This may be the best of both worlds," Stevens said. "State involvement in creating national standards that are enforced locally."

Is this just pre-emption by another name? Or could it actually work?

Christopher Swope was GOVERNING's executive editor.
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