The FCC found that it had explicit authority to adopt...
The FCC found that it had explicit authority to adopt encoding rules and that they will assure the commercial availability of MVPD navigation devices, the commission said in response to a petition to review its provision regarding commercial availability of…
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navigation devices. Dish Network filed the petition in the U.S. Court of Appeals for the D.C. Circuit. The encoding rules were an “essential component of an agreement that was designed to jump-start the retail market for digital cable equipment,” the FCC said. Congress didn’t limit the FCC to regulating the design, manufacture or marketing “of navigation devices in order to carry out the Commission’s responsibility to assure the commercial availability of those devices."