Justice Scalia: With respect to the telephone long-lines, you say, yes, you are; and with respect to cable, you say, no, you aren’t.
Mr. Hungar: Your Honor, it’s certainly not unusual for this Court, in construing a statute, to look to the regulatory history that led up to the enactment of the statute, particularly where it’s clear in the legislative history that Congress was essentially borrowing from the pre-1996 regulatory definitions…
Sorry about the triple-post, I’m on my lunch break and probably won’t have more time to post today.
