IANAL, the following is based on engineering experience dealing with FCC 
regs on a wide variety of device projects.

As I undestand it, the FCC has original jurisdiction over most 
communications infrastructure, including CATV, telephone networks, all 
RF broadcast technologies (including cellphone, radio, TV, sattelite, 
etc...), and some portions of the Internet infrastructure.  The FCC has 
secondary jurisdiction over a number of other aspects of communication, 
including equipment standards.  If you look at your network card, 
computer, monitor, microwave oven, or a host of other electronic 
equipment, there is probably a FCC compliance label somewhere on the 
device.  The FCC has always regulated equipment that has nothing to do 
with communications, to ensure a favorable RF environment for the 
average home and/or business.  The FCC also regulates any and all 
equipment that might interconnect with the networks that they regulate 
(telephone, internet, cable).  The only reason the FCC has been easy on 
sattelite, cable, and internet, is because they have a strong policy of 
imposing as little regulation as possible to accomplish their goals.  
They have complete authority to impose controls on equipment.

The only question with the broadcast flag is whether they are attempting 
to impose an "infrastructure for censorship", which is specifically 
forbidden.  Since the broadcast flag is a tool for content providers, 
and not for the FCC, that argument probably won't hold.  We're probably 
stuck with the content poison that is the broadcast flag for now, but 
talk to your representatives and senators, tell them that you don't like 
the broadcast flag, and POLITELY, tell them WHY this regulation is bad 
for freedom, competition, and *fair use*.  Unless, and until, those in 
the Congress understand *these* reasons why this is a bad idea, they 
won't act on it, and the proper branch of government to handle this 
issue is the US Congress, not the courts.

==Joseph++

der.hans wrote:

>moin, moin,
>
>the broadcast flag is being mandated by the FCC :(.
>
>The FCC has authority *only* over things broadcast over the airwaves.
>
>Does this not mean that you can ignore the broadcast flag if the device
>can't receive airwave broadcasts? In other words, if it only receives
>cable and/or satellite broadcasts the FCC has no authority and can't
>mandate a broadcast flag, right?
>
>ciao,
>
>der.hans
>  
>