The FCC has no authority to regulate consumer electronic devices that can be used for receipt of wire or radio communication when those devices are not engaged in the process of radio or wire transmission."
That's not quite how I read it Don. It appears that the court views the reception of a radio or wire tansmission as part of the "transmission" process.
To me that the rub came because the broadcast flag only allows the same device that recorded the show to play it back. The reason it was struck appears to be because the flag would prohibit other devices from playing the recorded show, in other words the playing of a tape made on another tape machine. This clearly is a process that does not include the transmission or reception but has the FCC regulation imposed anyway.
In the limitation that the FCC made on the reception of cellular calls, the receiving device is part of the transmission process, thus their authority to do so cannot be challenged. :roll:
Unfortunately, the way of the current regulatory bodies is that if the courts stike something down, go back and make a law that overrides the court, such as happened in the Schiavo case. Watch out for the friggin lobbyists for the motion picture industry on this one!
--Larry W8ER