RE: [dvd-discuss] ClearChannel Plays It Safe

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

--- Michael.A.Rolenz@aero.org wrote:
> The ability of congress to delegate to regulatory agencies was established 
> back in the 30s during all the lawsuits involving the WPA and all that. 
> The USSC ruled that Congress has that authority.  Most books on 
> Consititutional law discuss it.

Interesting this should come up. There was just a decision handed down in the
DC circuit regarding what is delegated to the FCC by Congress: NPR v FCC, No.
00-1246 (DC Cir. 2001)
http://pacer.cadc.uscourts.gov/common/opinions/200107/00-1246a.txt

NPR sued because, as a non-profit, they claim they are statutorily exept from
the bidding process for FM frequencies. The FCC rule set aside certain bands
with the FM spectrum that non-profits could be exempt from. NPR challenged this
saying that Congress didn't delegate them the ability to restrict the
frequencies but required them to give a blanket exemption. The DC Circuit ruled
for NPR.





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