Regulation
MARTIN'S CABLE-HATING WAYS
You know things are bad when virtually every NCTA press conference begins with a reporter asking, Why does Kevin Martin hate cable?. Even Rep. Joe Barton (R-TX) recently grilled the FCC chairman on whether he's picking on the industry. Martin's track record contains a long list of issues that he has tried to revive but that cable had previously fought and won. NCTA chief Kyle McSlarrow has described them as essentially regulatory retreads. Martin's biggest swipe was in the early 2006 when he shocked many by releasing a new pro-a la carte study in which the FCC Media Bureau reversed the conclusions of a 2004 Bureau study. Some see his anti-cable actions as retaliation for the industry not supporting his a la carte plan. Last June, he tried to push through a multicast must-carry proposal that would have required cable operators to carry all of a must-carry broadcaster's streams, but new commish Robert McDowell stepped in and saved cable. Shortly after taking the chairmanship, Martin launched an inquiry into cable ownership and is currently floating a proposal, much to cable's dismay, that would reinstate a 30% cap on the number of pay TV homes one cable provider can have. He ticked off the cable industry with streamlined franchising laws that only apply to telcos, not incumbent cable operators. Oh, and then there's those dozens of set-top integration ban waivers that have been sitting at the FCC (some for many months) with no action. And don't forget the decision to eliminate per-channel cable rate data from the FCC's rate survey that would have showed a decline in prices. Plus, there's the fact that the Adelphia-Comcast-Time Warner transaction sat at the Commission for 404 days. At press time, the latest retread threat was news that the chairman is floating a plan that would require cable operators to carry both a broadcaster's analog and digital signals after the 2009 digital transition. At least one thing's been consistent during Martin's regime: cable should prepare for the worst; it's most likely going to get it.
Gold
FIRE AND BRIMSTONE: Multicast Must Carry
Brother Kevin Martin is preaching from his anti-cable pulpit once again. It's a popular sermon that the FCC chairman has turned to many timestaking an issue that cable has already won and attempting to bring it back to life. Multicast must carry is one of the most interesting examples as Martin has wrapped helping minority and women broadcasters into his proposal. Broadcasters are shouting amen, while cable operators are breathing fire and brimstone. Martin's plan would let independent broadcasters lease spectrum from other broadcastersthe new broadcasters would receive the same must carry entitlements as existing broadcasters. At deadline, the idea was still pretty new, and it wasn't clear whether the chairman would get the votes needed for passage. Cable will be praying that Martin is dealt another defeat.
Silver
DEFINE THIS: Indecency and Violence
The FCC's long-awaited violence report for lawmakers is expected to suggest Congress consider expanding the Commission's definition of indecency to include violent programming. Indecency rules only apply to broadcasters, but there are plenty of reasons for cable to pay close attention. FCC chmn Kevin Martin is expected to use the report to re-ignite his call for a la carte programming. Indeed, the AP says the report suggests cable and DBS be subjected to an a la carte regime. Until Martin's out of office, it seems like cable's destined to have to mount an a la carte fight periodically.
Bronze
NOT SO BIG:The Cap
This one seemed dead. After all, a federal court in 2001 threw out a cap that prevented cable operators from owning more than 30% of multichannel subscribers, saying it violated the 1st Amendment. Kevin Martin has long been considering reinstituting some sort of cable ownership cap, but many were surprised to learn that he is floating a proposal that would reinstate that same 30% cap. Even more surprising, he's pushing for it before broadcast media ownership rules are ironed out. It's just a proposal, so it's not certain that Martin will be able to garner the necessary votes to enact the rule. But even if he doesn't get the votes, it's an excellent example of the types of regulatory bombshells coming from the FCC these days.
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