[NCTA] argued that the FCC 1) is only authorized to promote equipment, not unbundle the service to create a new derivative service; 2) that the set-top proposal would violate other provisions of the Communications Act by regulating the content and provision of cable service; 3) that the proposal exceeds Constitutional limits on FCC authority by outsourcing its regulatory authority in a standards-setting body; 4) that it would violate free speech rights of programmers and distributors’ 5) and that the proposal is arbitrary and capricious (in violation of the Administrative Procedures Act). – John Eggerton, Multichannel News http://ift.tt/1NFr12q