[opendtv] Re: News: FCC Takes Flak Over Flag
- From: "John Willkie" <johnwillkie@xxxxxxxxxx>
- To: <opendtv@xxxxxxxxxxxxx>
- Date: Wed, 6 Oct 2004 17:27:19 -0700
You are wrong, but only to a point. The FCC has the authority to say what
kind of receiver you can or cannot build. Period.
However, they've never used it, and are unlikely to, since it will deter
innovation.
On the flag, I believe you to be wrong: the FCC CLEARLY has the authority to
regulate what broadcasters transmit, and how receivers/tuners, etc have in
them. They only use this authority sparingly. The CEA learned this --
finally -- in the appeals court order that ridiculed their appeal, which
sounds much like your beliefs.
It's not just the equipment that they have exclusive authority over, it's
also the system of broadcasting. In many decades of following them, the
ONLY time I can recall them losing some of their claimed authority in this
zone was in 1989, when cable must-carry (which had previously been approved
by the Supremes) lost at the Supreme Court.
John Willkie
-----Original Message-----
From: opendtv-bounce@xxxxxxxxxxxxx
[mailto:opendtv-bounce@xxxxxxxxxxxxx]On Behalf Of Tom Barry
Sent: Wednesday, October 06, 2004 4:33 PM
To: opendtv@xxxxxxxxxxxxx
Subject: [opendtv] Re: News: FCC Takes Flak Over Flag
At the time I did not believe the broadcast flag would have made it
through Congress to become law. And I was very surprised the FCC would
dare it in spite of the lobbying since I also do not believe they have
the authority to say what kind of receiver I can or cannot build.
- Tom
John Golitsis wrote:
> They can whine and moan all they want, but if it is deemed that the FCC
doesn't
> have the jurisdiction to mandate the broadcast flag, the issue will simply
move
> to the government proper. The end result will, more than likely, be the
same.
>
> ----- Original Message -----
> From: "Craig Birkmaier" <craig@xxxxxxxxx>
>
>>FCC Takes Flak Over Flag
>>
>
>
>
>
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