Cite as: 512 U. S. 218 (1994)
Stevens, J., dissenting
plained that (1) a carrier that lacks market power is entirely unlikely to charge unreasonable or discriminatory rates, (2) the statutory bans on unreasonable charges and price discrimination apply with full force regardless of whether carriers have to file tariffs, (3) any suspected violations by non-dominant carriers can be addressed on the Commission's own motion or on a damages complaint filed pursuant to § 206,6 and (4) the FCC can reimpose a tariff requirement should violations occur. See, e. g., 7 FCC Rcd, at 8078-8079. The Court does not adequately respond to the FCC's explanations, and gives no reason whatsoever to doubt the Commission's considered judgment that tariff filing is altogether unnecessary in the case of competitive carriers, see, e. g., id., at 8073, 8079; the majority's ineffective enforcement argument lacks any evidentiary or historical support.
The Court's argument is also demonstrably incorrect. A contemporary cousin of the Communications Act of 1934— the Robinson-Patman Price Discrimination Act, 15 U. S. C. §§ 13(a), 13a, 13b, enacted in 1936—contains a much broader prohibition against price discrimination than does the Communications Act. That statute has performed its mission for almost 60 years without any counterpart to the filed rate doctrine. Indeed, the substantive requirements of Title II of the Communications Act itself apply to "connecting carriers" even though § 203(a) exempts such carriers from the § 203 tariff-filing provisions. See 47 U. S. C. § 152(b); National Assn. of Regulatory Utility Commr's v. F. C. C., 737 F. 2d 1095, 1115, n. 23 (CADC 1984), cert. denied, 469 U. S. 1227 (1985). The small fraction of competitive carriers that
6 The Court suggests that the Commission's detariffing policy disrupts the statutory scheme because 47 U. S. C. § 415(g) defines recoverable " 'overcharges' " by reference to filed tariffs. See ante, at 230. Over-charge suits, by definition, depend on the presence of tariffs, but they are not the only means for aggrieved telephone customers to recover. Section 206 allows them to recover damages from carriers who have violated the Act and does not turn on the existence of a tariff. See also §§ 208, 415(b).
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