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fAcEtIOUs
Premium
join:2002-03-03
kudos:4

Martin doesn't have legal authority to force ...

... a la carte on content providers like he says here:
"The Federal Communications Commission on Tuesday plans to begin considering banning programmers from "tying" — making cable systems take less-popular or new channels to get must-haves, such as ESPN DIS or CBS CBS
He needs a law passed by Congress to give him that authority. And even if they did pass such a law, it would almost assuredly be struck down as unconstitutional.

Now he may have power to force a la carte on cable companies, but even that is doubtful. They'd probably challenge his ruling in court and win.
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Where

@embarqhsd.net

Sorry I missed the section of the constitution that covers your right to watch TV.

Could you point that out to us Dummies?



The Tenth

@nextweb.net

The Tenth Amendment. Those powers not granted the Federal government by the Constitution revert to the States.

The Federal Government would be beyond it's mandate, while the States should have the power to do it.

That is unless the FCC tries to call it "Interstate Commerce" like everything else the gov't regulates.


moonpuppy

join:2000-08-21
Glen Burnie, MD

said by The Tenth :

The Tenth Amendment. Those powers not granted the Federal government by the Constitution revert to the States.

The Federal Government would be beyond it's mandate, while the States should have the power to do it.

That is unless the FCC tries to call it "Interstate Commerce" like everything else the gov't regulates.
Regulation of the airwaves is under the federal government.

Federal
Communications
Commission


fAcEtIOUs
Premium
join:2002-03-03
kudos:4

said by moonpuppy:

Regulation of the airwaves is under the federal government.

Federal
Communications
Commission
But that doesn't extend to the corporations that provide CONTENT to the companies that do the broadcasting, like Disney(ESPN), Paramount, etc.
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Uncle Paul

join:2003-02-04
USA
kudos:1

said by fAcEtIOUs:

said by moonpuppy:

Regulation of the airwaves is under the federal government.

Federal
Communications
Commission
But that doesn't extend to the corporations that provide CONTENT to the companies that do the broadcasting, like Disney(ESPN), Paramount, etc.
No one is looking at regulating the CONTENT, but billing and selection scheme of the BROADCASTER. You are regulating the BROADCASTER which would fall under the FCC.


PaulHikeS2

join:2003-03-06
Manchester, NH

reply to moonpuppy

said by moonpuppy:

said by The Tenth :

The Tenth Amendment. Those powers not granted the Federal government by the Constitution revert to the States.

The Federal Government would be beyond it's mandate, while the States should have the power to do it.

That is unless the FCC tries to call it "Interstate Commerce" like everything else the gov't regulates.
Regulation of the airwaves is under the federal government.

Federal
Communications
Commission
Does this mean the FCC has no jurisdiction here? Cable tv is not broadcast over the airwaves; it is a closed system carried by fiber and coax. Now DBS is sent over the airwaves...would any proposed ala carte system only apply to them?
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Jay: What the @#$% is the internet???

moonpuppy

join:2000-08-21
Glen Burnie, MD

said by PaulHikeS2:

said by moonpuppy:

said by The Tenth :

The Tenth Amendment. Those powers not granted the Federal government by the Constitution revert to the States.

The Federal Government would be beyond it's mandate, while the States should have the power to do it.

That is unless the FCC tries to call it "Interstate Commerce" like everything else the gov't regulates.
Regulation of the airwaves is under the federal government.

Federal
Communications
Commission
Does this mean the FCC has no jurisdiction here? Cable tv is not broadcast over the airwaves; it is a closed system carried by fiber and coax. Now DBS is sent over the airwaves...would any proposed ala carte system only apply to them?
The FCC is given jurisdiction since it is broadcast even if it is over private lines.

Even if there is an interference complaint against the cable company, it falls under the FCC.

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