American Library Ass N V Fcc
  • This case deals with the FCC "broadcast flag" rule. (D.C. Cir. Court - 2005)

Question

  • To what extent may Congress delegate authority ot the FCC via the Communications Act of 1934 to regulate apparatus that can receive television broadcasts when those apparatus are not engaged in the process of receiving a broadcast transmission?

Holding

  • The Court held that the FCC's Title I ancillary jurisdiction does not grant the Commission authority to regulate consumers' use of television receiver apparatus after the completion of a broadcast transmission. In other words, the agency's "general jurisdictional grant does not encompass regulation of consumer electronics products for the receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission."
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