[opendtv] Re: Radical Proposal for Change

Good.  I hope the courts further decide that no executive branch agency 
should have the power to unilaterally create sweeping rules like the 
broadcast flag without more explicit direction from Congress.

It is well known that federal agencies are often co-opted by the members 
of whatever group they are supposed to watch over.  Having this process 
effectively create new legislation can not be good for the public at large.

So, yes, I hope the FCC's power is curtailed a bit before they get 
totally out of control.

- Tom


Craig Birkmaier wrote:
> 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
>  
>  
> ----------------------------------------------------------------------
> You can UNSUBSCRIBE from the OpenDTV list in two ways:
> 
> - Using the UNSUBSCRIBE command in your user configuration settings at 
> FreeLists.org 
> 
> - By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word 
> unsubscribe in the subject line.
> 
> 
 
 
----------------------------------------------------------------------
You can UNSUBSCRIBE from the OpenDTV list in two ways:

- Using the UNSUBSCRIBE command in your user configuration settings at 
FreeLists.org 

- By sending a message to: opendtv-request@xxxxxxxxxxxxx with the word 
unsubscribe in the subject line.

Other related posts: