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This section contains the nature of the case and procedural background.

The 1934 Communications Act required long distance carriers to file tariffs for services and rates with the FCC and charge customers only in accordance with filed tariffs. The Act, in section 203(b) authorized the commission to modify these requirements. By rule, the FCC provided that only AT&T need file the tariffs; others such as MCI need not. A dispute erupted over the meaning of the phrase 'modify any requirement' in section 203(b)(2).

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