The National Cable Television Association has agreed to regulation of basic cable programming covering indecency according to a report this week in Multichannel News.
The NCTA represents the nation's large cable television operators and is the industry's most important trade organization.
In return for adhering to the same standards broadcast television stations currently must follow, the NCTA is asking that no enforcement be taken until the conclusion of any legal action taken against FCC enforcement. Further, the NCTA is asking for flexibility on the a-la carte issue.
But Multichannel News also reported that the NCTA's new flexibility on an issue the industry has fought for more than 50 years may also have a lot to do with the business its largest cable members have before Congress and the FCC.
Multichannel News reported, "Two cable lobbyists claimed that the NCTA embraced the indecency plan now to appease Martin while Comcast Corp.'s and Time Warner Inc.'s takeover of Adelphia Communications Corp. was before the agency."
"Martin's top cable adviser, Heather Dixon, is legally barred from discussing the Adelphia merger under agency conflict-of-interest rules. On previous occasions, Media Bureau chief Donna Gregg and another Martin aide have disputed that Martin has put pressure on the two operators to develop a la carte channels and family tiers."
The NCTA is also trying to leverage itself greater political power on related issues before Washington lawmakers -- "The NCTA also wants to see the indecency fight come to a conclusion so the industry can focus on larger telecommunications issues, such as whether cable systems should be neutral carriers of Internet services; how franchises to provide video programming in communities across the country should be awarded; who pays what into the federal Universal Service Fund, which subsidizes communication service to rural areas; or whether Internet protocol-based voice services should be regulated."
The result of the agreement between the NCTA and Washington could culminate in the biggest cultural shift of cable programming in decades. Many "edgy" cable networks would be required to substantially tone down their programming to meet new indecency regulations and be protected from groups filing complaints over programming they consider indecent. The networks that will most be affected would be MTV, whose controversial youth-oriented reality shows would quickly face review, Comedy Central, which runs programming such as South Park, fX for its content which pushes adult themes and language, and the FCC's favorite on-air personality Howard Stern, whose cable show would probably be under the same scrutiny that his broadcast radio show has been under for years.
Legal scholars question the legality of content oversight of cable programming regardless of any agreement between the industry and Washington. Free speech rights have been grounds on which the cable industry has fought and won many battles over everything from channel lineups and packages to must-carry and program content. However, if the new Supreme Court justices take the court in a new direction, everything could be on the table.
The NCTA represents the nation's large cable television operators and is the industry's most important trade organization.
In return for adhering to the same standards broadcast television stations currently must follow, the NCTA is asking that no enforcement be taken until the conclusion of any legal action taken against FCC enforcement. Further, the NCTA is asking for flexibility on the a-la carte issue.
But Multichannel News also reported that the NCTA's new flexibility on an issue the industry has fought for more than 50 years may also have a lot to do with the business its largest cable members have before Congress and the FCC.
Multichannel News reported, "Two cable lobbyists claimed that the NCTA embraced the indecency plan now to appease Martin while Comcast Corp.'s and Time Warner Inc.'s takeover of Adelphia Communications Corp. was before the agency."
"Martin's top cable adviser, Heather Dixon, is legally barred from discussing the Adelphia merger under agency conflict-of-interest rules. On previous occasions, Media Bureau chief Donna Gregg and another Martin aide have disputed that Martin has put pressure on the two operators to develop a la carte channels and family tiers."
The NCTA is also trying to leverage itself greater political power on related issues before Washington lawmakers -- "The NCTA also wants to see the indecency fight come to a conclusion so the industry can focus on larger telecommunications issues, such as whether cable systems should be neutral carriers of Internet services; how franchises to provide video programming in communities across the country should be awarded; who pays what into the federal Universal Service Fund, which subsidizes communication service to rural areas; or whether Internet protocol-based voice services should be regulated."
The result of the agreement between the NCTA and Washington could culminate in the biggest cultural shift of cable programming in decades. Many "edgy" cable networks would be required to substantially tone down their programming to meet new indecency regulations and be protected from groups filing complaints over programming they consider indecent. The networks that will most be affected would be MTV, whose controversial youth-oriented reality shows would quickly face review, Comedy Central, which runs programming such as South Park, fX for its content which pushes adult themes and language, and the FCC's favorite on-air personality Howard Stern, whose cable show would probably be under the same scrutiny that his broadcast radio show has been under for years.
Legal scholars question the legality of content oversight of cable programming regardless of any agreement between the industry and Washington. Free speech rights have been grounds on which the cable industry has fought and won many battles over everything from channel lineups and packages to must-carry and program content. However, if the new Supreme Court justices take the court in a new direction, everything could be on the table.
