RE: [dvd-discuss] ClearChannel Plays It Safe

[Michael.A.Rolenz(at)aero.org]

Just scanning ...it seems that the court is agreeing with NPR that the FCC 
didn't follow the instructions given to them correctly not that the FCC 
has no authority to regulate.


Nor, finally, do we find anything in the legislative history to 
support the Commission's interpretation of the statute.  In 
fact, what little relevant legislative history exists reinforces 
section 309(j)(2)'s plain language.

    Because the Commission's order conflicts with Communica-
tions Act section 309(j)(2), we have no need to consider 
petitioners' arbitrary and capricious challenge.  The petition 
for review is granted and the portions of the Commission's 
Report and Order requiring NCEs that apply for licenses on 
the unreserved spectrum to participate in competitive auc-
tions are vacated.

It looks as if the court is saying they aren't buying FCCs defense to a 
challenge they think is wrong. NPR got what they wanted in spite of 
themselves!





Bryan Taylor <bryan_w_taylor@yahoo.com>
Sent by: owner-dvd-discuss@eon.law.harvard.edu
09/27/01 12:00 PM
Please respond to dvd-discuss

 
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        Subject:        RE: [dvd-discuss] ClearChannel Plays It Safe



--- 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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