The nation's biggest electronics retailer has told the Federal Communications Commission that the agency lacks the authority to punish Best Buy for screwing up its digital transition TV selling rules.

"The Commission never before has claimed, asserted, or exercised direct or ancillary jurisdiction over retailers, or retail practices, of the nature that is asserted" by the FCC, Best Buy attorneys say. And the appliance giant charges that the Commission's recent Notice of Apparent Liability (NAL) holds the company to "a standard of flawless compliance." That's especially unfair, Best Buy complains, given that the FCC's NAL also contains mistakes.

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