American Telephone & Telegraph Co. v. Central Office Telephone, Inc., 524 U.S. 214, 10 (1998)

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Cite as: 524 U. S. 214 (1998)

Opinion of the Court

While the filed rate doctrine may seem harsh in some circumstances, see, e. g., Maislin Industries, U. S., Inc. v. Primary Steel, Inc., 497 U. S. 116, 130-131 (1990), its strict application is necessary to "prevent carriers from intentionally 'misquoting' rates to shippers as a means of offering them rebates or discounts," the very evil the filing requirement seeks to prevent. Id., at 127. Regardless of the carrier's motive—whether it seeks to benefit or harm a particular customer—the policy of nondiscriminatory rates is violated when similarly situated customers pay different rates for the same services. It is that antidiscriminatory policy which lies at "the heart of the common-carrier section of the Communications Act." MCI Telecommunications Corp. v. American Telephone & Telegraph Co., supra, at 229.

The Ninth Circuit thought the filed rate doctrine inapplicable "[b]ecause this case does not involve rates or rate-setting, but rather involves the provisioning of services and billing." 108 F. 3d, at 990. Rates, however, do not exist in isolation. They have meaning only when one knows the services to which they are attached. Any claim for excessive rates can be couched as a claim for inadequate services and vice versa. "If 'discrimination in charges' does not include non-price features, then the carrier could defeat the broad purpose of the statute by the simple expedient of providing an additional benefit at no additional charge. . . . An unreasonable 'discrimination in charges,' that is, can come in the form of a lower price for an equivalent service or in the form of an enhanced service for an equivalent price." Competitive Telecommunications Assn. v. FCC, 998 F. 2d 1058, 1062 (CADC 1993). The Communications Act recognizes this when it requires the filed tariff to show not only "charges," but also "the classifications, practices, and regulations affecting such charges," 47 U. S. C. � 203(a); and when it makes it unlawful to "extend to any person any privileges or facilities in such communication, or employ or en-

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