Cite as: 534 U. S. 327 (2002)
Opinion of Thomas, J.
this vein, Congress in 1996 provided a new rate methodology for the new category of attachments added to the Act,11 see
§ 224(e), and required that the old rate methodology be applied to the new category of attachments until regulations implementing the new rate methodology for these attachments could be promulgated, see § 224(d)(3).
It is certainly possible that Congress, in fact, has not provided an applicable rate methodology for all attachments covered by § 224(a)(4). Knowing the size and composition of the universe of attachments not addressed by the Act's two specific rate methodologies, however, would be extremely useful in evaluating the reasonableness of the FCC's position that it may regulate rates for those attachments. So in the complete absence of evidence concerning whether any pole attachments actually exist that are not covered by either of the Act's two specific rate methodologies, my position is simple: It is not conducive to "accurate" or "efficacious" judicial review to consider in the abstract whether the FCC has been given the authority to regulate rates for these "theoretical" attachments. See Permian Basin Area Rate Cases, 390 U. S., at 792. This is especially true given that the unusual posture of these cases is entirely the result of the FCC's failure to engage in reasoned decisionmaking below. See Part I, supra.
III
For many of the same reasons given by the Court, I believe it is likely that the FCC, at the end of the day,
service." Brief for Earthlink, Inc., as Amicus Curiae 24. If Earthlink's position is correct, then this suggests that attachments used to provide an information service may always also provide a telecommunications service and would thus be regulated pursuant to § 224(e)'s methodology.
11 Prior to 1996, the Act only granted the FCC jurisdiction to regulate one category of attachments, those by a cable television system. See 47 U. S. C. § 224(a)(4) (1994 ed.). In 1996, however, Congress expanded the scope of the Act to cover attachments by providers of telecommunication service as well. See Telecommunications Act of 1996, 47 U. S. C. § 224 (1994 ed., Supp. V).
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