Cite as: 535 U. S. 467 (2002)
Opinion of Breyer, J.
(arguing for FCC defenders that Hausman overstates the need for change, but stating that "if any adjustments . . . are required . . . such adjustments would be modest"). And the majority relies on its belief that that hope has been realized. Ante, at 521 (stating that in light of the fact that "competition in fact has been slow to materialize," "it seems fair to say" that the current rate is a " 'reasonable starting point' "). Of course, one must sympathize with the FCC's time problem. But the statute did not require the FCC so quickly to create so complex a system. Rather, the statute seems to foresee rates set, not by FCC regulations primarily or in detail, but by negotiations among the parties, 47 U. S. C. § 252(a)(1), if not by state commissions. See Iowa Utilities Bd., 525 U. S., at 412-420 (Breyer, J., concurring in part and dissenting in part).
Third, the Commission supports the reasonableness and practicality of its system with the claim that "a number of states" have used it successfully, as have several European nations. Order ¶ 681. As to domestic experience, I can find no evidence that, prior to the promulgation of the rules at issue here, any State had successfully implemented the FCC's version of TELRIC. It is hardly surprising that since then several States have tried to apply it. Nor is it surprising that their implementation has produced criticisms similar to those made here. See, e. g., MCI Telecommunications Corp. v. GTE Northwest, Inc., 41 F. Supp. 2d 1157, 1168-1169, and n. 7 (Ore. 1999) (discussing problems with the FCC's TELRIC).
And the "foreign nation" part of the Commission's claim rests only upon a 1997 European Community paper referring to a "best current practice" approach as a future goal. See Commission of European Communities, Recommendation on Interconnection in a liberalised telecommunications market, C(97) 3148, §§ 3.3, 3.5 (Oct. 15, 1997), http://europa.eu.int/ ISPO/infosoc/telecompolicy/en/r3148-en.htm (Apr. 17, 2002). Indeed, Britain's FCC counterpart has said that, in the
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