Lawyers Still Sussing Out Effects of D.C. Circuit Ruling Tossing 2003 Plug-and-Play Order

摘要

Industry and FCC attorneys are still figuring out how a D.C. Circuit ruling last week that overturnedna commission order on cable set-top boxes will affect industry and policy, industry attorneys said.nIn granting Dish Network's challenge (CD Jan 17 p12), a panel of three judges threw out the FCC's 2003nplug-and-play order, saying the commission lacked ancillary authority to require certain encoding practicesnby satellite TV providers. The 2003 order laid out several technical CableCARD rules and encodingnrequirements, and was one of a series of three CableCARD orders the commission has adopted sincen1998. The other two were untouched by the court. Lawyers we spoke to had a variety of views about hownthe decision fits with other judicial tests of FCC authority and how it affects industry obligations undernFCC's remaining CableCARD rules.