Petition for judicial review against FCC rulemaking: a case study from ALA v. FCC

DOI IR Web Site Open Access

Bibliographic Information

Other Title
  • FCC規則に対する司法審査申立 : 放送フラグをめぐるALA v. FCC
  • FCC キソク ニ タイスル シホウ シンサ モウシタテ : ホウソウ フラグ オ メグル ALA v. FCC

Search this article

Abstract

The U.S. APA requires regulatory agencies to open their rule-making process to the public. In 2002, the FCC issued an NPRM that contained a policy to implement a “broadcast flag” on the digital television signal. With this “broadcast flag,” television stations can prevent audiences from making copies of the program. Through public comments and hearings, the policy was opposed by several groups such as the American Library Association because the broadcast flag might prevent the fair use of television programs. But the FCC made the broadcast flag into official policy. The groups petitioned for a judicial review. The appeals court struck down the policy on the ground that the FCC exceeded its discretion.

Journal

  • 同志社法學

    同志社法學 64 (7), 3124-3105, 2013-03-31

    The Doshisha Law Association

Keywords

Details 詳細情報について

Report a problem

Back to top