"In sum, because the rules promulgated by the Flag Order
regulate demodulator products after the transmission of a DTV
broadcast is complete, these regulations exceed the scope of
authority Congress delegated to the FCC. And because the
Commission can only issue regulations on subjects over which
i
The American Library Association, EFF, and others challenged the FCC's
authority to regulate equipment beyond the receive tuner, in its broadcast
flag ruling. (The "flag" order requires that the tuner not provide
its signal to equipment that would let consumers simply record the signal.)
The cour
