AT&T Corp. v. Iowa Utilities Bd., 525 U.S. 366, 55 (1999)

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420

AT&T CORP. v. IOWA UTILITIES BD.

Opinion of Breyer, J.

"nondiscriminatory" and "based on . . . cost"), but it says nothing about a role for the FCC. Section 252's references to the state commissions, its ratesetting detail, and its silence about the FCC's role all favor a reading of the earlier word "regulations" that excludes, rather than includes, FCC rate regulations.

Thus, § 251 is silent about local ratesetting power. Section 252 speaks of state, not federal, ratemaking. As most naturally read, the structure and language of those sections foresee the traditional allocation of ratemaking authority— an allocation that within broad limits assumes local rates are local matters for local regulators.

I recognize that the majority finds the relevant rule-making authority not in §§ 251 and 252, but in a different section containing a general grant of rulemaking authority. Ante, at 377-378 (citing 47 U. S. C. § 201(b)). But Congress enacted that language in 1938, see 52 Stat. 588. The scope of the FCC's legal power to apply an explicit grant of general authority to make rules implementing the more specific terms of a later enacted statute depends upon what that later enacted statute contemplates. Cf. Louisiana Pub. Serv. Comm'n v. FCC, 476 U. S. 355, 376-377, n. 5 (1986). And here, as just explained, the 1996 Act foresees the reservation of most local ratesetting authority to local regulators.

C

The most the FCC can claim is linguistic ambiguity. But such a claim does not help the FCC, for relevant precedent makes clear that, when faced with ambiguity, we are to interpret statutes of this kind on the assumption that Congress intended to preserve local authority. See, e. g., Cipollone v. Liggett Group, Inc., 505 U. S. 504, 518 (1992) ("presumption against the pre-emption of state police power regulations"); Rice v. Santa Fe Elevator Corp., 331 U. S. 218, 230 (1947) (requiring "clear and manifest" showing of congressional intent to supplant traditional state police powers). Moreover,

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