[opendtv] Re: Radical Proposal for Change
- From: Craig Birkmaier <craig@xxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Wed, 26 Jan 2005 22:15:02 -0500
At 11:47 AM -0500 1/26/05, John Shutt wrote:
>----- Original Message -----
>From: "Craig Birkmaier" <craig@xxxxxxxxx>
>
>> 1. The courts will block ANY action that is not explicitly spelled
>> out in legislation. If the FCC attempts to interpret anything in its
>> legislative mandates from Congress, it will be challenged in court.
>
>As it should. The FCC is embodied to enforce laws, not intrepret or infer
>new ones. This is where many government departments have been running amok
>for quite some time now.
>
But the courts have turned the tables. They are now demanding that
the FCC justify just about everything they have ever done. The
ownership caps/cross ownership case is a prime example. The courts
demanded that the FCC review these regulations, then other courts
stayed the FCC decision.
Sounds like a lose-lose proposition to me.
Regards
Craig
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