Actually, the court was not "legislating from the bench" as
courts so often do -- the FCC was doing the "legislating",
and way beyond the authority granted by Congress.
The court got it right, fer shure.
Vic
Quote:
"We can find nothing in the statute, its legislative history, the
applicable case law, or agency practice indicating that Congress meant
to provide the sweeping authority the FCC now claims over receiver
apparatus," said the appeals court panel.
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