Fw: Movie: Apollo 13

Janina Sajka janina at rednote.net
Sat Nov 9 15:54:36 EST 2002


Geoff Shang writes:
> 
> On Sat, 9 Nov 2002, Charles Crawford wrote:
> 
> > Interesting posting after yesterday's court ruling.
> 
> I've obviously missed something.  What ruling was this?
> 
Here's a posting from Kelly Ford to the WebWatch list on this subject:

From: "Kelly Ford" <kelly at kellford.com>
Delivered-To: mailing list webwatch at yahoogroups.com
Date: Fri, 8 Nov 2002 15:46:00 -0800
Subject: [webwatch] Court Vacates FCC Order of Video Description

As some likely know a bit ago the FCC passed an order mandating some network
broadcasts include video description.  The order was appealed and today the
court ruled.  The full ruling is at

http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=DC&navby=case&no=011149A.

The heart of the ruling said:

By its terms, the Act does not provide the FCC with the authority to enact
video description rules. Contrary to the FCC's arguments suggesting
otherwise,
§ 1, 47 U.S.C. § 151, does not give the FCC unlimited authority to act as it
sees fit with respect to all aspects of television transmissions, without
regard to the scope of the proposed regulations. We hold that where, as in
this case, the FCC promulgates regulations that significantly implicate
program
content, § 1 is not a source of authority. Because the FCC can point to no
other statutory authority, the video description regulations must be
vacated.
Accordingly, MPAA's petition for review is hereby granted. NFB's petition
for review is dismissed as moot, because the regulations to which they
object
will be vacated pursuant to the court's judgment in this case.





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