The majority opinion leaves open the possibility of bandpassing the antenna signal and sending the (already compressed) digital TV signal across the internet to to be decoded at the user's machine. It appears to be the "performance" upon which the majority's opinion hangs; if the "performance" happens in-app on the user's box, it's possible to evade this requirement.

On the one hand, I'd agree with Scalia that the "looks-like-cable-TV" standard is a shaky one, at best. On the other hand, the court is saying "Look, we agreed in the past, but Congress explicitly disagreed with us. Go fix Congress, and we'll agree with you; we're not legislators."