No Broadcast Flag = No Emergency Alert System? Not exactly...

There are actually some semi-legitimate reasons for supporting the
Broadcast Flag, like that it makes it more difficult for people to share copies of digital TV broadcasts online (though obviously you know full well where we come down on this issue), but possibly the most baffling justification we've heard yet comes to us courtesy of Jeffery Knauss, who argues in the July issue of Communications Engineering & Design that the recent
court decision overturning the Broadcast Flag rule is going to mean the end of the Emergency Alert System. Why? Because the court ruled that the FCC had no authority to impose specific requirements on TV
receivers other than those already mandated by Congress (like requiring closed caption decoding, etc.), which means that as television moves from analog to digital, they have no authority to require televisions to display emergency alerts, either. Seems like most manufacturers would be down with adding support for the Emergency Alert System anyway,
but couldn't Congress just mandate compliance with the Emergency Alert System or give the FCC the authority it needs for this? Is there a reason why the Broadcast Flag has to get all mixed up with this? 

[Via TechDirt]