The Broadcast Flag regulation by the FCC has been vacated by theAppeals Court for the DC Circuit. http://pacer.cadc.uscourts.gov/docs/common/opinions/200505/04-1037b.pdf The conclusion: The FCC argues that the Commission has "discretion" to exercise "broadauthority" over equipment used in connection with radio and wiretransmissions, "when the need arises, even if it has not previouslyregulated in a particular area." FCC Br. at 17. This is anextraordinary proposition. "The [Commission's] position in this caseamounts to the bare suggestion that it possesses plenary authority toact within a given area simply because Congress has endowed it withsome authority to act in that area. We categorically reject thatsuggestion. Agencies owe their capacity to act to the delegation ofauthority" from Congress. See Ry. Labor Executives' Ass'n, 29 F.3d at670. The FCC, like other federal agencies, "literally has no power toact . . . unless and until Congress confers power upon it." La. Pub.Serv. Comm'n v. FCC, 476 U.S. 355, 374 (1986). In this case, allrelevant materials concerning the FCC's jurisdiction - including thewords of the Communications Act of 1934, its legislative ! history,subsequent legislation, relevant case law, and Commission practice -confirm that the FCC has no authority to regulate consumer electronicdevices that can be used for receipt of wire or radio communicationwhen those devices are not engaged in the process of radio or wiretransmission. Because the Commission exceeded the scope of its delegated authority,we grant the petition for review, and reverse and vacate the FlagOrder insofar as it requires demodulator products manufactured on orafter July 1, 2005 to recognize and give effect to the broadcast flag.
Congratulations to everyone involved! -- Tariq KRIM, L8Rmedia Generationmp3.com: visitez notre nouvelle version Mon blog : tariqkrim.blog.lemonde.fr _______________________________________________ Liste de discussion FSF France. http://lists.gnu.org/mailman/listinfo/fsfe-france
