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FCC Delays Vote On Cable TV Regulation

Tech.Luver recommends a story unfolding at the FCC, where Chairman Kevin Martin delayed a vote on a report that would open the door to more agency control over the cable television industry. Analysts say that Martin lacked support to pass the measure. The delayed vote was on a draft report, backed by Martin, that found that cable companies control enough of the pay-TV market to warrant more oversight under the so-called "70/70" rule — 70% of US households passed by cable and 70% of those with access to cable service subscribing to it. The cable industry disputed the figures in the report, and Martin's two fellow Republican commission members also expressed doubts.

111 comments

  1. Just what we need. by CrAlt · · Score: 1

    Just what we need... More government controls...

    They always know and do whats best for you and me!

    --
    I have to return some videotapes...
    1. Re:Just what we need. by Anonymous Coward · · Score: 4, Insightful

      Just what we need... More government controls...
      They always know and do whats best for you and me!

      Yeah, I'd say we do. Has cable service and pricing gotten better or worse since they were deregulated in 1996?

      The industry has had their chance, and they've shown they'll just collude and buy up new companies, leaving things exactly the way they were competition-wise, only with less oversight to keep them from taking advantage of the situation.
    2. Re:Just what we need. by RaceCarDriver · · Score: 2, Informative

      I forget where I was reading it, but it was something like cable TV rates have gone up every year for 10 or 20(or maybe more) years... And it also mentioned the increase was well above the inflation rate.

    3. Re:Just what we need. by Anonymous Coward · · Score: 1, Interesting

      "They always know and do whats best for you and me!"

      And the alternative would be.... the cable company, which I work for one (small one). Would you pay 10$ to rent a cable card? That new TiVO is going to cost you 13$ a month from TiVO and 20$ from your cable company for dual cable card service.

      The company I work for naturally drags its feet when it comes to adopting this stuff, the best way to prevent widespread use is to charge an ass load for it. The only cool thing about my company is that if you want to subscribe to HD Only channels, you can. Limited basic + digital access + box rental + hd tier. Comcast requires exp basic + digital classic + box rental + hd tier.

      In the next few years, consumers are going to be screwed over on both ends. Forced to pay for both Analog and HD channels, even if the household only has HDTVs.

      Let the fleecing continue!

    4. Re:Just what we need. by ktappe · · Score: 5, Informative

      The current situation of constant rate increases far in excess of inflation and retarded technological innovation is definitive proof that sometimes government regulation is sorely needed. I strongly suspect that if you were a coal miner you'd be rather happy that the gov't has rules preventing you from working 15 hour days, 7 days a week, with no air filters. The next time you're in a car accident, you probably won't consider that it's government regulations that mandated crumple zones, seat belts, air bags, and other innovations that saved your life. Open your eyes and you might see that government regulations are not always bad.

      --
      "We can categorically state we have not released man-eating badgers into the area." - UK military spokesman, July 2007
    5. Re:Just what we need. by renegadesx · · Score: 0, Troll

      The FCC and international equvilents should rather heavily regulate whats ON the cable networks, they should do more to heavily regulate how these cable providers conduct their business.

      Mind you im biased and consider social conservitive values to be evil

      --
      Make SELinux enforcing again!
    6. Re:Just what we need. by Anonymous Coward · · Score: 1, Funny

      My car's safety features exceed government regulations, I like working overtime (even beyond what's legal, but I have to fudge my time sheets to meet regulations, thus not getting paid properly for it) and cable would be cheaper if the government didn't give cable companies monopolies. Government regulations aren't always bad, but an absurd majority of them are.

    7. Re:Just what we need. by Z34107 · · Score: 2, Insightful

      Except that they're not exactly without regulation.

      How many municipalities decided that cable networks competing for the same neighborhood would be "wasteful" and only allow one or two companies to provide service?

      Competition = good. Except that it's illegal in some places. I wonder why prices are high.

      --
      DATABASE WOW WOW
    8. Re:Just what we need. by boer · · Score: 1

      Damn right! It is the corporations trying to maximize their profits that know what is best for us customers and citizens. Like exclusive phone contracts for no less than two years. And DRM. And wasteful use of natural resources. And low minimum wage. That's what we want and no friggin' goverment should be able to control the corporations!

      --
      (This sig intentionally left blank)
    9. Re:Just what we need. by wileynet · · Score: 1

      You are comparing cable TV to coal miner and automobile safety???
      Contrary to American belief, cable TV is not vital to your safety. Nor is it a necessity that may warrant regulation as a utility.
      Cable TV is a luxury. If you don't like it or can't accept the terms, DON'T SUBSCRIBE.
      Turn off your TV!

    10. Re:Just what we need. by gabebear · · Score: 1
      I've lived in at least one town where "the town"(a.k.a. the mayor) decided they only wanted one cable company. You can make a case for more regulation of the cable industry.
      1. cable companies are colluding with local governments to drive prices up(in the name of lowering prices...)
      2. satellite-tv has a lot more regulation(like must-carry laws), which the cable companies helped push through.
      3. A lot of other voters hate cable companies
      None of these are particularly strong reasons, but when has that ever stopped the government from doing something. The answer to #1 and #2(maybe even #3) is even more deregulation.
    11. Re:Just what we need. by Z34107 · · Score: 1

      Cable companies "colluding" with local governments is another example of how government needs to be removed from the equation, not added.

      Cable companies lobbying for "must-carry" laws to hinder satellite TV is also an example of why government needs to be removed.

      So is "a lot of other voters hate cable companies." If the government would stop regulating which company can stab which other company in the back, we'd have a lot less problems with superinfluential cable companies.

      --
      DATABASE WOW WOW
    12. Re:Just what we need. by Deagol · · Score: 1
      And yet our asshat populace continues to pay for it. For shame! As someone who hasn't received broadcast television programming in his household for about seven years now, I find this trend somewhat amusing.

      This isn't the power/gas/phone/water company (you know... *essential* services for living) screwing us over -- it's TV. Get over it, tell the cable/satellite company to take a flying leap, subscribe to a DVD-by-mail service, and live a more simple, more peaceful life.

    13. Re:Just what we need. by Some_Llama · · Score: 1

      "Turn off your TV!"

      and
      ride a bike!
      and
      Use candles!

    14. Re:Just what we need. by TemporalBeing · · Score: 1

      The next time you're in a car accident, you probably won't consider that it's government regulations that mandated crumple zones, seat belts, air bags, and other innovations that saved your life.
      Actually, airbags, seat belts, and the likes were initially initiatives by the car companies that became so common place that the government then mandated as a safety aspect after the they were out by a majority of manufacturers.

      For instance, in 1994 it was common to have dual airbags; by 1998 it was common to see side-airbags too. Now it seems as if its required. You can get more info on Airbags at WikiPedia, which seems pretty accurate from other news sources I've seen in the past.

      That doesn't mean that the gov't regulation since hasn't been good, but it's not a good analogy to use the car industry for regulation - most car companies are proactive when it comes to safety. Where the car industry fails is on recalls of defects, and gov't regulation there helps as then they pay out more than just the lawsuits, which sad to say has been required to make them do some recalls. (E.g. the early Ford Mustangs had problems with their gas tanks exploding on impact...so did the Pinto.)
      --
      Truth is like the sun. You can shut it out for a time, but it ain't goin' away. - Elvis Presley (source: imdb.com)
    15. Re:Just what we need. by mccabem · · Score: 1

      Once again you seem to be hating the gov't you vote for (and which is supposed to have your interests at heart) and loving the businesses (colluders that they are...not sure where your love for them comes from) that clearly do not have your interests (or even their customer's interests) at heart.

      You should consider loving your democracy (and caring for it) instead of hating it -- people fought long and hard to get it, and there's no guarantee it'll be around forever.

    16. Re:Just what we need. by Z34107 · · Score: 1

      You should consider loving your democracy (and caring for it) instead of hating it

      Please don't confuse my dislike for a bloated and wasteful government with "hating democracy." Remember that our founding fathers had a healthy distrust of both government and democracy - they went through the Articles of Confederation and the Constitution to cripple the former, and we are a "democratic republic" (not a democracy!) to prevent what they called the "tyranny of the majority."

      Government, by it's nature, is not democratic. Your participation is mandatory - that's why "civil disobedience" works, and that's why nice men with guns put you in jail for not paying taxes or following laws.

      Businesses, on the other hand, spend millions each year for the privilege of securing an opportunity to ask for your money. The 51% of people who drink Coke can never force you to drink Pepsi; the 51% of people who want to bilk "the rich" come up with ideas like the Alternative Minimum Tax.

      The fact that politicians can be bought says more about the pros^H^H^H^Hpolitician than it does the buyer, and I have a larger pittance of sympathy for the lobbyists than I do the lobbied. A bussiness' existence depends on their lobbying efforts - if they don't convince a congressman they have a right to exist, they'll be regulated out of existence to appease people like you, or someone more successful at gaming the system than they.

      You should love the people who work hard everyday to make your lifestyle possible instead of hating them.

      --
      DATABASE WOW WOW
    17. Re:Just what we need. by gabebear · · Score: 1
      I never said they were good reasons, and agree the real answer to all these problems is more deregulation.

      The arguments, with a different spin are:
      1. Local governments(municipalities) are colluding, this would be the federal government fixing this issue. I lived in a town where the city owned the actual copper running to everyone's doors and then farmed out the cable to a single company. If the city owns the copper(a.k.a. public property), then I think the cable network should be open to anyone wanting to compete. This used to be more of an issue when the lines were actually copper because running multiple cable networks on the lines was difficult, but today's networks makes this pretty much moot. The Fed could come in and put a stop to this problem.
      2. Adding "must carry" laws would level the playing field. Cable companies have an unfair advantage in this regard and the options are either not to require satellite to carry local channels or to add the burden to cable. Removing local channels from satellite would put residents at risk by not giving them as much local public information.
      3. Elected officials are supposed to represent their constituents. If they ignore what the voters want then they aren't doing their jobs
      I don't personally see merit in these arguments, but they are somewhat compelling. Government doesn't use arguments that are based on merit, they are too hard to sell. Compelling arguments are easy to sell.
  2. Fuck the FCC by corsec67 · · Score: 0, Troll

    Why does the FCC get to censor the airwaves?
    Just because they are "public"?
    Or even worse, signals that people pay for that are sent along copper, as is the case they are trying to get to here?
    Can police arrest me for saying "Fuck" in a public place?
    What part about Congress shall make no law ... abridging the freedom of speech is so hard to understand?

    --
    If I have nothing to hide, don't search me
    1. Re:Fuck the FCC by Anonymous Coward · · Score: 3, Insightful

      The part where the people (by an Act of Congress), *not* private telephone companies, paid for the vast majority of the cable. "We the people" should continue to have a say in how they are best distributed amongst the "needy" (speakers).

    2. Re:Fuck the FCC by Osty · · Score: 5, Informative

      Or even worse, signals that people pay for that are sent along copper, as is the case they are trying to get to here?

      Who said anything about censorship? This was a push to get more regulatory control over the cable industry in order to do things like force a la carte subscription options. You could argue that government has no place to regulate private industry like that, but that has nothing to do with free speech or censorship.

      Also, the FCC doesn't cover cable-only channels like FX (lots of "shit" and near nudity there with shows like The Shield and Nip/Tuck, with only self-regulation stopping them from going further), in terms of censorship. They cover broadcast channels that then happen to be re-distributed via cable.

      What part about Congress shall make no law ... abridging the freedom of speech is so hard to understand?

      Congress can't make it illegal for you to say "shit" or "fuck" or show a tit on TV, but they don't have to allow you to use the public airwaves to do it.

    3. Re:Fuck the FCC by MBCook · · Score: 4, Insightful

      They get to censor because of public mandate. It's less true now (although there are plenty of use who don't mind and wish they would do more). But back when they were founded in '34, the general public would have had a heart attack if they heard someone saying "fuck" on the radio. Same thing for TV when it came along. People liked the FCC doing this (and they still to, for the most part, or at least don't mind).

      Then again, a great many more people had a sense of decency back then. Just because you can say something doesn't mean you need to.

      Why do they get to regulate signals sent along copper? Two reasons. First of all (and most obviously)... it's public. It's not a private channel it is broadcast. Second, just because you receive something over Cable doesn't mean it isn't on the open airwaves for others. That's why NBC still has to follow those rules. FCC is more lax on cable for this exact reason, especially on pay channels like HBO (where they can do whatever they want with a few exceptions, like child pornography).

      Why the police arrest you for saying "fuck"? I doubt they can. Unless you've been belligerent and harassing someone else doing it. In that case, you've already committed a crime. But if you just stand on a corner, yell "fuck", then get on with life as if nothing happened, they can't arrest you.

      For the last part... yell at the supreme court. Vote your congressman out. Or understand that that was designed to protect political speech and most people are more worried about that and other important uses (like freedom of the press) than giving you the "right" to say "fuck" whenever you want. It's called priorities.

      This message has been a public service (something else the FCC gets to do) by MBCook. Mod as you wish.

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    4. Re:Fuck the FCC by forkazoo · · Score: 3, Insightful

      Also, the FCC doesn't cover cable-only channels like FX (lots of "shit" and near nudity there with shows like The Shield and Nip/Tuck, with only self-regulation stopping them from going further), in terms of censorship. They cover broadcast channels that then happen to be re-distributed via cable.


      Correct. However, the FCC have demonstrated a very clear desire to censor cable and sat. broadcasts on many occasions. Concern in this regard may be untopical, but it is hardly unjustified.
    5. Re:Fuck the FCC by YU5333021 · · Score: 5, Funny

      YA!!! Fuck the FCC!!

      I just bought a russian made transmitter (runs of rancid potatoes) in order to broadcast my own free channel about cats. C E T network. I'm having difficulties with selecting a stable frequency (russian letters are funny), so anything goes... (usually everybody's cell phone reception within a mile of the transmitter). The FCC doesn't like me having freedoms, and have been hot on my tail, so I installed the device on top of a garbage truck that does the neighborhood rounds daily.

      I just wish the government would stay away from my private business. All they want is to protect monopoly of OLD moneys. Back in early '90s I set up my own beeper service, but got violently shut down. Apparently I was 'interfering' with aeroplanes and police business communications. Assholes. I think it's about high time to have airwave anarchy. Let the strongest signal win! Bring it on PBS! You may win elsewhere, but on my block it's gonna be all cats, all the time!

    6. Re:Fuck the FCC by iminplaya · · Score: 1

      Why the police arrest you for saying "fuck"? I doubt they can.

      *cough*

      --
      What?
    7. Re:Fuck the FCC by MBCook · · Score: 1

      That doesn't disprove my point, that was 40 years ago. Show me a recent case. Show me something since 2000. Better yet, show me something that isn't an anomaly (which I believe any recent case in the US would be).

      --
      Comment forecast: Bits of genius surrounded by a sea of mediocrity.
    8. Re:Fuck the FCC by Anonymous Coward · · Score: 0

      You try going up to a cop telling them to go fuck themselves. If they don't tase you, let me know how that turns out.

    9. Re:Fuck the FCC by Anonymous Coward · · Score: 0

      I've said it to every cop who's written me a speeding ticket, after I've already got the ticket.

      All four of them got pissed and said "get out of here" but didn't do anything further than that.

      Of course, out here in "flyover country", we also know where the cops live, and most people own guns, so the cops know better than to try to push things too far. Maybe cops behave differently in blue states.

    10. Re:Fuck the FCC by SeaFox · · Score: 3, Interesting

      Why does the FCC get to censor the airwaves?
      Because they are the government agency that was granted this power by the legislative branch, which was granted its power by you.

      Can police arrest me for saying "Fuck" in a public place?
      Depending on where you are, yes they can. State and local decency laws exist in many areas making swearing an actual crime, although generally they would fine you rather than taking you to jail.

      What part about Congress shall make no law ... abridging the freedom of speech is so hard to understand?
      Weaselly loophole here. The decency standards are more under the control of the FCC, not Congress itself, so Congress has not actually not made any laws abridging freedom of speech, the FCC did. Also note that freedoms stop when they interfere with others' rights.
    11. Re:Fuck the FCC by Anonymous Coward · · Score: 0


      Not by me. I didn't vote for Jesus. I voted for the other guy.

    12. Re:Fuck the FCC by iminplaya · · Score: 1

      Happy?

      thank youuu... thankyouverymuch

      --
      What?
    13. Re:Fuck the FCC by djw · · Score: 4, Insightful

      Congress can't make it illegal for you to say "shit" or "fuck" or show a tit on TV, but they don't have to allow you to use the public airwaves to do it.

      Thank you, Thomas Paine. I suppose it follows that they can't make it illegal for you to stage a protest, but they don't have to allow you to use public property to do it. Right? Wrong.

      I can't believe this authoritarian bullshit I'm replying to is standing at +5 Informative. Exercising your freedom of speech means something only if it's in public. What the hell is the point of protecting private speech?

    14. Re:Fuck the FCC by Trintech · · Score: 1

      Also note that freedoms stop when they interfere with others' rights.
      Do I really have the right not to hear something I consider indecent or inappropriate? I severely doubt that a person's use of the word Fuck in conversation interferes with my personal rights and if this is truly how the government views this issue, who gets to decide what constitutes "indecent" or "inappropriate"?

      Certainly not me because Bill O'Riley still has a public TV show.
    15. Re:Fuck the FCC by Schmiggy_JK · · Score: 1

      Mod parent down. That doesnt even make sense, or prove your point. For one she didnt say fuck. For two it was in her own home and for three most likely it gets thrown out. And just because someone makes an arrest, doesnt make it valid. How about the circuit city guy who was arrested for not showing his receipt?

      --
      Insert something witty here...
    16. Re:Fuck the FCC by iminplaya · · Score: 1

      OMG! You're right! She said "f--". I feel so very sorry to have wasted your most valuable time. However, for your edification, you will note that she was arrested. It doesn't matter if the charges are dropped or not. HTH

      --
      What?
    17. Re:Fuck the FCC by stanleypane · · Score: 1

      I wholeheartedly agree with you sir. More boobies on the protest front, ASAP! And impeach the fucking president already. Phew. I already feel like my voice is being heard better now.

    18. Re:Fuck the FCC by skarphace · · Score: 1

      Any channel that has to rely on content like that must be targeting the trailer trash because only the trailer trash really don't care about their own language and will say whatever they want around anyone because they don't care. For them, "fuck" is as common as "the" so they feel right at home watching FX. It's sad that people don't realize their language is a reflection upon themselves (and they don't care if their kids hear it either) and endorsing FX and others like it is a moral issue that will only exacerbate the problem. FX must be desperate if they have to rely on filth like that.

      And yet you not once said why language like 'fuck' is "filth" and why it shouldn't be common. Why should I censor myself around people like you that get all riled up over a word? It's a fucking word, chill the shit out.

      Only time I do censor myself is around kids out of respect for their parents; even though I do consider them bat shit crazy.
      --
      Bullish Machine Tzar
    19. Re:Fuck the FCC by Raisey-raison · · Score: 1

      I am wondering if someone could explain to me why the FCC mandating what is on cable is constitutional. Cable doesn't use the air waves. So isn't what they choose to put on on not put on protected under the first amendment? ie- they can put on whatever programing they want.

    20. Re:Fuck the FCC by will_die · · Score: 1

      That the FCC makes the rules and not Congress is not the reason, FCC making regulations abridging freedom of speech would still be unconstitutional.
      Where the FCC gets the right is that they are first admendment is not about exact words but about making sure what you want to express get out. The courts have said that certain words just don't have a use in a public discourse; the only exception to this would be saying you want to kill the president or a few other high level officials.
      For example Congress has passed various laws saying cannot say "Fuck Hillary!", but you can say "Hillary is nothing without her husband." However you cannot create a law, like was recently tried by Hillary and other Democrats, with the purpose of setting up a federal watchboard to stop certain types of speech and a purpose of making for the broadcasters that "the challenges would be so costly to them that they would be inhibited and decide it was too expensive to continue".

    21. Re:Fuck the FCC by skarphace · · Score: 1

      Do you say "fuck" when talking to your mother? What about your kids (if you have any or would you if you did)? Do you say it at work? Do you say it in front of strangers? What about in front of women? If you answered no to any of those then I have to ask why if you think it should be so common.

      I would answer yes to all of the above. And do not say it's disrespectful. I'm not calling someone a 'fuck' or trying to down them at all. It's part of language and I use it, so what? Also, I'm not arguing that it should be common, I'm arguing that I shouldn't have to restrain myself for touchy folks like you and the FCC shouldn't be censoring it either.

      Just because you have such a thin skin doesn't mean I have to alter my speech(communication of thoughts) to keep you from jumping out a window. Fuck. - Now how is that disrespectful?
      --
      Bullish Machine Tzar
  3. More governement? by xeus4200 · · Score: 1

    I really don't want more oversight.

    1. Re:More governement? by Anonymous Coward · · Score: 0

      What free-market folks don't seem to get is that markets are going to be regulated one way or the other.

      Choose your regulator: Uncle Sam or Comcast.

      At least good ol' Uncle Sam pretends he's not trying to fuck you up the ass.

    2. Re:More governement? by Anonymous Coward · · Score: 0


      Choose your regulator: Uncle Sam or Comcast.

      At least good ol' Uncle Sam pretends he's not trying to fuck you up the ass.


      But it's Comcastic!

  4. Bah! by SheepLauncher · · Score: 1

    More Government Control!!! If you don't already monitor y IMS, Phone, Torrents and who knows what!

  5. 70/70 by Bob+of+Dole · · Score: 4, Funny

    "70% of 70%" is a nice way to avoid saying "less than half".
    It almost succeeds in making it sound like "PRACTICALLY EVERYONE!"

    1. Re:70/70 by Anonymous Coward · · Score: 2, Insightful

      Or "almost half" depending on your point of view.

      But as someone who lives in an area not served by cable, I'd like to note that there is some value in tracking the two statistics separately; "70% of all possible subscribers" and "49% of all households" are not obviously the same statistic unless you also know the cable availability rate.

    2. Re:70/70 by ZombieRoboNinja · · Score: 3, Interesting

      Actually, according to the cable industry, 58% of TV households have basic cable.

      http://www.ncta.com/ContentView.aspx?contentId=54

      Those statistics also say that there are 122,500,000 homes "passed by cable" out of 112,00,000 homes with television... so apparently cable is available to 109% of households, which I'd say is pretty impressive.

    3. Re:70/70 by Anonymous Coward · · Score: 0

      That's because they still charge for each TV when no one is looking!

    4. Re:70/70 by Anonymous Coward · · Score: 0

      Or there are ~10 million households with cable available but no TVs?

    5. Re:70/70 by teebob21 · · Score: 2, Informative

      Good attempt at spin, but you missed the most important statistic -- and it was on the same page:

      Cable Penetration of TV Households (June 2007): 58.3%

      The number comes from a third-party research company, and falls well short of the 70% penetration required by the 1984 law. Kevin Martin needs to get his witch's cauldron and cook the numbers a little longer on this one.

      Additionally, 'homes passed' doesn't measure only houses where people may live. It also often includes businesses and other locations that the cable co. may provide service, such as city hall or local schools. American TV Households is a count of "total number of houses we could possibly serve" while 'homes' passed refers to "total number of US Postal Addresses that could be serviced by a cable provider if they called for a install tomorrow".

      --
      khasim (12/9/06): In a blind taste test, more people preferred Coke over the Pepsi that I had previously pissed in.
    6. Re:70/70 by Turken · · Score: 2, Insightful

      Doesn't really matter how much you try to cook the numbers, the real problem is the 70/70 law.

      I would love to see some historical data on cable subscriber numbers over the years. As far as I can tell, the cable companies know that every time they raise rates they're going to lose a percentage of their subscriber base, so the last 20 years have been a careful balance of keeping the rates right at the pain threshold for consumers so that ~60% will grudgingly subscribe but the 70% requirement for regulation will never be reached. Once people are numb to the pain of the higher prices and subscriber percentages recover, they raise the rates again. rinse and repeat year after year...

  6. No one calls them on the constitution by Calledor · · Score: 2, Insightful

    A congressman is a constinuency's lottery ticket to see if they can strike it big and get their trivial or social crap made law. Ammending the constitution is a bitch and two-thirds so passing blatently illegal legislation that no one will ever call them on because it'll never involve anything that they can be brought to court for is matter of habit. The president could call them on it, but given that the two branches have developed some kind of fucked up complacency over the last century people are going to be basically bowned until they stop electing morally-certain but ethically void people.

  7. government logic by User+956 · · Score: 1

    a report that would open the door to more agency control over the cable television industry.

    Clearly, more control is needed, to protect the children. 9/11

    --
    The theory of relativity doesn't work right in Arkansas.
    1. Re:government logic by elrous0 · · Score: 1

      Wish there was a mod for "Clever TV reference"

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:government logic by Anonymous Coward · · Score: 0

      I disagree.

      9...11.

  8. This isn't (yet) about censorship. by ZombieRoboNinja · · Score: 5, Interesting

    TFA is light on details, but it seems the proposal that was withdrawn was something about requiring cable companies to play material from minority-owned small businesses on the "excess channels" they don't use. Still questionable, but not "OMG the FCC wants to censor my cable TV!"

    And BTW, the "fuck the FCC" people might want to consider that the fight here is between the FCC and CABLE COMPANIES about stuff like whether they should be required to provide a la carte channel options. Stuff that the cable companies may not want, but which doesn't seem to have a whole lot of bearing on free-speech issues. If you want to argue that a government bureaucracy is worse than a corporate oligarchy, that's a fair stance, but having both filed federal taxes and tried to get a decent internet plan from Comcast, I'm ambivalent.

    1. Re:This isn't (yet) about censorship. by FooAtWFU · · Score: 1

      TFA is light on details, but it seems the proposal that was withdrawn was something about requiring cable companies to play material from minority-owned small businesses on the "excess channels" they don't use. So, it's affirmative action.
      --
      The World Wide Web is dying. Soon, we shall have only the Internet.
    2. Re:This isn't (yet) about censorship. by Anonymous Coward · · Score: 1, Insightful

      Regardless of the intent of the regulation, it will inevitably be used to censor cable. I'm not saying that cable companies don't also make decisions about what they will and won't show based on factors that I may find equally irrelevant or stilly, but it's still adding a layer to the problem.

      Not only that, but while <cable company> can change its mind at any time about what it will and won't show, the FCC is not only slow acting, but unlikely to ever repeal a decision or reduce restrictions because that would involve admitting that someone was wrong. And in the world of politics that's nothing short of suicide (unless you are sufficiently well funded to overcome such difficulties).

    3. Re:This isn't (yet) about censorship. by kc2keo · · Score: 0

      I wish we had an option for picking the cable TV channels we want to view instead of being forced to purchase a bundle of channels which we don't want which includes the ones we do. But for now I choose to download TV episodes or rent whole seasons of the TV show of choice to view. Works for me.

    4. Re:This isn't (yet) about censorship. by iminplaya · · Score: 2, Interesting

      If they want to require anything, it should be for one dedicated channel with a live area weather map. The bandwidth is low and the costs are minimal. But requiring any community service at all is just too "socialist" for some, I guess. The real problem is the fact that the cable companies are granted monopolies in their respective communities. That should be the first thing to go.

      --
      What?
    5. Re:This isn't (yet) about censorship. by Anonymous Coward · · Score: 0

      I think we would all agree that more choice (like the a la carte option you mentioned) would be a good thing. However, I am not sure the infrastructure in my area could even DO that without me having to get some cable box (which would give the cable company MORE money and not less). So I could get rid of those idiotic Spanish language channels and Chinese language channels that I would never in a million years watch - and STILL pay a higher price.

      I think I would give up a la carte if it would end up costing me more.

    6. Re:This isn't (yet) about censorship. by Ender77 · · Score: 3, Insightful

      I see your point but as soon as the FCC gets a toe hold into cable in any form, expect your favorite cable shows to suddenly turn Disney on your ass.

    7. Re:This isn't (yet) about censorship. by hal2814 · · Score: 1

      "If they want to require anything, it should be for one dedicated channel with a live area weather map."

      That sort of thing is content. Maybe instead of lobbying the government or even your cable company to do something about it, you should ask your local television stations since they are the ones actually in charge of what content to put on the air. All of the local stations in my area that have gone digital provide one slice of their signal exclusively for weather. Given channel X on ATSC, X-1 will be the station's main content, and either X-2 or X-3 will be a 24/7 live radar with occasional forecasts.

      "The real problem is the fact that the cable companies are granted monopolies in their respective communities. That should be the first thing to go."

      I couldn't agree more.

    8. Re:This isn't (yet) about censorship. by Airline_Sickness_Bag · · Score: 1

      Several TV stations in the Washington, DC area do this on their over the air HD subchannels. I'd assume it's fairly common elseware.

  9. Based on the first comments... by Anonymous Coward · · Score: 0

    The cable industry is obviously watching to defend itself.

  10. You obviously can be fined, for some reason. by Calledor · · Score: 1

    The FCC would be fine if it did only regulate pricing along a publicly funed infrastructure but they don't, when they gain enough regulatory control over simply one medium in one region the use it as an excuse to have a blanket coverage and censorship of all sectors remotely related to it. To put this another way in theory they could eventually fine people for objectionable contect on the internet if it is distributed by cable or phone lines. I am not saying they will, but given the logic of their existence it is perfectly possible as is any sort of tax congress should decide to put on the use of physical lines.

  11. Next frontier by edwardpickman · · Score: 1

    If the FCC drops the hammer on cable I guess adult, language, subject matter not porn, will have to move to the web. I wonder if they are going to attack channels like TCM, FMC and IFC because they don't edit for TV? I just wonder how long after the move to the web they try regulating it? That's going to be a tough one because out of the gate most homes have access but it's not dedictated access so that 70% rule is going to become meaningless.

  12. Doesn't the FCC control certain pyshical lines... by Calledor · · Score: 1

    and auction off frequency ranges for broadcasting purposes? How is corporate collusion with government a good thing?

  13. Not sure what this means by Orange+Crush · · Score: 2, Interesting

    On the one hand, Comcast and their ilk have been dragging their heels implementing things like CableCard and working hard to keep their (in many cases) geographical monopolies safe from any other competition. As far as TV goes, most people's options boil down to little more than an antenna, DirecTV or The Cable Company. If there was an injection of more competition in the market I think we'd see a lot more innovative services like more robust video on demand, ala carte programming options, more and higher quality HD channels, and innovative new services we haven't even thought of.

    On the other hand, this 70/70 rule sounds downright silly, as I doubt very much that's the case nationwide. The FCC has proven time and time again that it's an inept bureaucracy more interested in maintaining its own power and relevance than any concern for the public good. Handing them more power is seldom good for anybody.

    I might be able to get onboard with something like a 70/70 rule if it was a little more automatic and less prone to government meddling. i.e. Let's say Comcast has 70% of 70% or more in a given metropolitan area--then kick in a rule forcing them to resell wholesale access to their infrastructure to other local competitors to keep them from being the only game in town. And before someone points out it's *their* infrastructure and they built and bought it--they did so with a lot of government subsidies and that infrastructure is sitting on a lot of public land. They only have mini-monopolies because the government has allowed it.

    I'm interested to hear other people's takes on the pros and cons of all of this.

    1. Re:Not sure what this means by Dachannien · · Score: 2, Insightful

      Really, this is a case of "Whoever wins, we (the consumers) lose." The cable companies don't want the FCC getting into the cable industry's business because they fear the FCC mandating all sorts of extra crap from them that could potentially benefit the consumer without giving them the chance to profit from it. On the other hand, the content industry would probably be happy with the FCC getting more involved, because they could use the FCC as a tool for pushing DRM, unskippable advertising, etc., through the cable and into the consumer's face.

      The reality is, there's already at least some regulation of the cable industries at the municipal and state levels, and this is a good thing, because like most other pole-mounted services, cable is almost always regionally monopolized. My biggest fear is that the involvement of the FCC in cable industry regulation would end up being tantamount to deregulation, causing state and local regulations (such as municipal franchise licensing) to go directly out the window and raising prices across the board for consumers with no corresponding improvements in service.

    2. Re:Not sure what this means by Jeff+DeMaagd · · Score: 1

      On the other hand, the content industry would probably be happy with the FCC getting more involved, because they could use the FCC as a tool for pushing DRM, unskippable advertising, etc., through the cable and into the consumer's face.

      What? The cable industry is already doing that right now!

    3. Re:Not sure what this means by teebob21 · · Score: 1

      Hmmm, what the hell; I've got karma to burn. Your arguments fail to move me -- the examples either apply to telecom as a whole, or are simply untrue. You've clearly never had working knowledge of this industry.

      As far as TV goes, most people's options boil down to little more than an antenna, DirecTV or The Cable Company.

      True, there are currently 3 competing providers across the US, four if you separate DirectTV and Echostar. There's also FIOS. Some area have overbuilders, essentially a second cable company in the same area. Since I can't possibly come up with another crappy car analogy, we'll have to settle for an OS analogy: You've got over the air broadcast by FOX/CBS/*BC, around since the 1930's: Big Iron, IBM, Unix System V, systems that went into decline due to the changing face of technology. Dish: Microsoft - a newer product, with oppressive EULA's and a desire to have their product in EVERY home in the US. And the cable companies + overbuilders: Linux and it's variants...fractured and splintered amongst themselves, but with a similar goal and purpose.

      How many options do you have for internet? More than 3? How about landline phone service or cell service? More than 3 local major players? This "lack" of competition exists in all of telecom, not just TV.

      If there was an injection of more competition in the market I think we'd see a lot more innovative services like more robust video on demand, ala carte programming options, more and higher quality HD channels, and innovative new services we haven't even thought of.

      You mean like....Youtube, Youtube, and with the exception of HD content....Youtube? In today's markets, innovative has come to mean "interactive". TV watching is not an interactive activity, and never has been...unless you count screaming at Sunday Night Football when the QB fumbles in the end zone in overtime. These innovative services are not going to come from the TV provider; they will be online. The HD issue is a tough one...a quick look online shows less than 50 HD channels currently available not counting regional sports networks and broadcasters. If you exclude HBO/SHOW/MAX, the list is under 40. I don't know about you, but Wealth TV HD just doesn't do it for me.

      And before someone points out it's *their* infrastructure and they built and bought it--they did so with a lot of government subsidies and that infrastructure is sitting on a lot of public land. They only have mini-monopolies because the government has allowed it.

      You're kidding, right? Cable companies receive no such subsidies; perhaps you're thinking of the telephone companies. FIOS is being laid courtesy of that lovely FCC fee on your phone bill, but not cable. Cable companies PAY the local governments for the rights to service the towns which they do -- and they pay mightily. I've seen franchise agreements where the municipality is collecting 1% of total revenue from the cable provider. This is passed to the customer, a tax imposed not by the cable company, but by city hall. Towns are greedy; Google for "FIOS franchise dispute" or read about AT&T being sued by a Wisconsin city because AT&T wasn't paying a franchise fee or a dispute for Cablevision. Austin, Texas used to collect 35 cents per subscriber each month; that was in 1996 and it's probably more by now.

      Finally, there are no mini-monopolies -- overbuilders and telecoms such as AT&T/Verizon are free to come in to a town and provide service. But before they hop a ride on the money train, they have to pay f

      --
      khasim (12/9/06): In a blind taste test, more people preferred Coke over the Pepsi that I had previously pissed in.
    4. Re:Not sure what this means by Pax681 · · Score: 2, Interesting

      In the UK British Telecom HAD a monopoly in every sense of the word due to them owning ALL the telephone landline infrastructure. now this was ALL built with piblic money as BT used to be part of the Post Office and was sold off by the Brit govt in the 80's when that old bag thatcher started selling everything off that was publicly owned..lol Now a few years back BT were MADE to sell wholesale access to other telephone companies and ISP's to the point where they HAD to allow other companies to put equipment in the exchanges, this is called LLU(local loop unbundling). it's very good and has done great things for pricing and competition. i pay £22 GBP for a ADSL2+ connection and get 22419 down and 2446 up)pretty maxed out for ADSL2+) from bethere.co.uk. (i am lucky to be only 382 metres from the exchange by wire) i would think the wholesale idea for US cable woud do wonders for choice and price and also stop the need for the FCC to step in. also as an added bonus, the unbundling might drive the wholesale companies tp update and modernise their infrastruceture to give you fellows better and higher speeds which seems to be somewhat lacking in the US. BUT choice is what is needed and the wholesale option will do that and most probably assist in price wars(always a good thing) now all we need is for Scotland(where i live) to become independent so we can bin the license fee for the TV here which is a complete load of CRAPIOCA and utterly bollocks

    5. Re:Not sure what this means by Dachannien · · Score: 1

      Yeah, but imagine if the MPAA only had to go through one federal regulatory agency to get their way, instead of through a bunch of cable companies and their local and state regulators.

    6. Re:Not sure what this means by Anonymous Coward · · Score: 0

      Cable should have been expecting some type of regulation ever since they lobbied for and won that pork-chop legisation that made cable theft a "worse" crime than an assorted list of violent crimes. It's after they got that through when the rates really started to go up.

      Now it's time for them to ante up on their end... So the big deal is?

  14. Nice job Yogi by YU5333021 · · Score: 4, Funny

    "so-called "70/70" rule -- 70% of US households passed by cable and 70% of those with access to cable service subscribing to it."

    so only 30% of US household were NOT passed by cable, and have access to it. And of those 30% who can access cable, only 70% chose to subscribe to it. In conclusion:

    70% of households can't have cable
    21% of households pay for cable
    10**% of households STEAL cable

    (**=3% statistical margin of error)

    Go tell mom! You heard it first on slashdot. The whole industry has been a miserable failure. The size of tubes required to carry high definition content is so large, the raw materials required for such tubes would strip 4 feet of entire Alaskan top soil. This is why I can only get television through my phone line. I only get one channel. In mono. With no moving pictures.

    That was the worst definition of so-called anything. Even by slashdot standards.

    1. Re:Nice job Yogi by pclminion · · Score: 1

      so only 30% of US household were NOT passed by cable, and have access to it.

      Huh? I parsed that as 70% of houses have cable PASSING BY, i.e., accessible to them. Spectacularly poor choice of wording.

  15. Oh fuck by lazyDog86 · · Score: 2, Funny

    Wait, can I still say that here? Oh, sorry, never mind.

    It goes without saying that I for one welcome our new FCC overlords.

    --
    my insights may be modded Funny, but at least some of my jokes are modded Insightful
    1. Re:Oh fuck by Anonymous Coward · · Score: 0

      Wait, can I still say that here? Oh, sorry, never mind.

      Yes, you can. The Supreme Court said that Bill Clinton was a fuckhead for signing the DMCA, as it clearly violated the first amendment. So swearing on the internet is fully permitted again.

      (Warning: Hillary shares her husband's views about censoring media. Vote wisely in the primary.)
    2. Re:Oh fuck by Sponge+Bath · · Score: 1

      As long as it is not prime time and you use it as an exclamation instead of a reference to a sex act.

      Observe:
      "I fucked a sheep!?" - forbidden
      "Fuck! That was a sheep?" - OK

  16. I'm confused by HangingChad · · Score: 2, Insightful

    Which high dollar lobbyist and party fund raiser would this benefit? And which high dollar lobbyist and party fund raiser would oppose it?

    --
    That's our life, the big wheel of shit. - The Fat Man, Blue Tango Salvage
    1. Re:I'm confused by Black-Man · · Score: 1

      Cable companies are against it strongly - one of the proposals is to force them to provide ala carte channel packages.

  17. Schizophrenic FCC by grumling · · Score: 2, Interesting

    So they want to force all-la-carte programming, but also force a bunch of must-carry programming as well? Who's going to be paying for the must-carry stuff? What happens when cable companies move toward an all on-demand architecture and the concept of a channel disappears (it is being tested by most companies now, and is how AT&T U-verse works)? They won't have any unused bandwidth, so does it become a moot point?

    Are they going to force the satellite guys to do this in areas where they are dominant (and yes, in many rural areas, there are many more Dishes than cable lines on houses)?

    And why are they picking on cable companies when I can't get a discount on my cell phone bill, even though I bought an unlocked, unsubsidized phone?

    --
    "Well, good luck finding a judge that doesn't run a bestiality site."
    1. Re:Schizophrenic FCC by r_jensen11 · · Score: 1

      Just because something's available doesn't mean you have to get it. I think they want to make these programs available, but not force them down consumers' throats.

      But it makes pretty good sense. Suppose a family living in California or New York recently emigrated from Latin America, and none of the family is conversent in English. Why the hell should they have to pay for all of these channels that they don't understand? Why can't they just subscribe to VHUno and other Latino channels?

    2. Re:Schizophrenic FCC by Culture20 · · Score: 1

      And why are they picking on cable companies when I can't get a discount on my cell phone bill, even though I bought an unlocked, unsubsidized phone?
      Because people have been complaining about cable companies for at least a decade and a half, if not more. The Gubment's just now getting around to doing something. Give them another decade for the cell phone companies.
    3. Re:Schizophrenic FCC by DeeQ · · Score: 0

      Actually if they can't converse in English that is more of a reason they should have those channels. They could put on the Spanish captions while its playing in English. This would be a good way for them to learn the language of the country they are in. Personally if they have no desire to learn English they shouldn't be living in the country.

  18. I'll make you a trade... by Anonymous Coward · · Score: 0

    Show me something like "Little Mosque on the Prairie" produced by a US company, and I'll show you how much of your cable TV currently covers the middle 30% of the TV market.

  19. Sorry...CATV aint a right. by CrAlt · · Score: 1

    Im not talking about roads or schools. Im talking about TV. If you dont like the rates then dont buy the service. Get a dish, get some rabbit ears, or read a book. I still fail to see way the gov should be messing with privet sector services...

    --
    I have to return some videotapes...
    1. Re:Sorry...CATV aint a right. by theantipop · · Score: 1

      Ah, the old binary model for product use. Supporting positive change is apparently never allowed when you could pass on the service entirely. Is there anything this argument can't be used against?

  20. FCC Regulations aren't always bad by Anonymous Coward · · Score: 0

    The whole reason we are in a situation where people are forced to listen to the same recycled crap on the radio is because the FCC dergulated. If there are two places that need regulation it's TV and Radio. Look at the BBC.

  21. Comment removed by account_deleted · · Score: 1

    Comment removed based on user account deletion

  22. As one of the 30%... by solios · · Score: 1

    ... my house is wired up for cable (EXTENSIVELY, as there are drops on the ground floor, second floor, and attic), and I don't own a TV. I don't provide Comcast any revenue, though previous residents clearly did, extensively.

    That would put me in one of the 70% of cabled houses, and in the 30% of the 100% of that 70% that, while having the wiring, does not have cable.

  23. Things the Government Can Do by neuromancer2701 · · Score: 2, Interesting

    I agree that the government does need to get involved but in a different way. Currently to get a TV license you must apply to each municipality for that area. This causes situations like the one I used to live in. We used to live in Northern Virgina and we were forced to use Comcast when right across the street other people had Cox. The key was that the Cable companies did collude with each other because the Cox customers could not get Comcast either. Having price control in this situation would be horrible. My service sucks as it is, what is going to happen when they are forced to lower their prices.

    The way the government can help is to pass a National TV license, one license to conquer them all. This would open the door for phone companies(I know Verizon is not a great example but I would rather have them than Comcast) to enter the market and may encourage cable companies to leave their little shelter municipalities. Getting more service providers(>2) to be in one area should be the goal not price controls.

    --
    "If you like Battlestar Galactica, you're probably a huge nerd." -Stephen Colbert
  24. Kevin Martin should resign by Chromalon · · Score: 1

    If the chairman of the FCC can be undermined by cable industry lobbyists this easily, he does not have the power to fulfill his duty as regulator.

    Martin should resign and the job should go to someone with more backbone.

    --
    +++ Chromalon.
  25. I declair shenanigans by jimbolauski · · Score: 1

    Government regulations rarely accomplish anything most of the time it's just a political grandstanding. Coal workers would not have a problem, they belong to these things called unions, that negotiate their hours worked. The evil coal companies would not want their workers to breath in coal dust due to lawsuits so they would mandate air filters. The evil car companies have a reason to build safe cars it's called lawsuits and their reputation. If let's say Ford builds a truck that does poorly in crash tests by say the insurance institute for highway safety (even though it passed the government regulation) then Ford's sales for said truck will drop until they redesign their truck to make it safer. Not all regulation is bad I'm quite grateful that plumbing fixtures come in mandated sizes, but the market is much better at correcting the problems then the government.

    --
    Knowledge = Power
    P= W/t
    t=Money
    Money = Work/Knowledge so the less you know the more you make
  26. Public Interest by EgoWumpus · · Score: 1

    I would note that any protest you staged that is considered to do harm to the public interest can be stopped. This is why we forbid hate speech; it generates a toxic environment. Similarly, with airwaves, the reasoning is that because there is a limited number, and everyone has access to them and regularly utilizes it, we should be aware of how what we put there affects them. In the interest of children, for instance, we forbid certain categories of behavior being portrayed during certain periods of the day.

    You can argue all you want about the categories, but it's pretty accepted that environments that affect everyone should have some publicly motivated controls on them. The regulator of those controls, ultimately, is the government. And thank goodness! Because we have no inherent protection from corporations or even just other individuals otherwise.

    But before I go, let me just say that the protection of private speech is every bit as important as the protection of public speech. Indeed, every horror tale of mind control and thought police centers around the loss of your right to say things privately. Read 1984 - it is an excellent illustration of the varying types of speech and how they might be impinged upon.

    --

    [Ego]out

    1. Re:Public Interest by djw · · Score: 2, Insightful

      I would note that any protest you staged that is considered to do harm to the public interest can be stopped. This is why we forbid hate speech; it generates a toxic environment. Similarly, with airwaves, the reasoning is that because there is a limited number, and everyone has access to them and regularly utilizes it, we should be aware of how what we put there affects them. In the interest of children, for instance, we forbid certain categories of behavior being portrayed during certain periods of the day.

      The problem with this approach is that someone has to decide what constitutes hate speech. Right now, certain classes (race, religion) are protected while others (sexual orientation) are not. Since the ability to criticize the government is vital to democracy, we can't trust the government with the power to make any such distinctions. The harm to democracy that arises from outlawing ANY speech far outweighs whatever harm that speech could cause by being heard.

      You can argue all you want about the categories, but it's pretty accepted that environments that affect everyone should have some publicly motivated controls on them. The regulator of those controls, ultimately, is the government. And thank goodness! Because we have no inherent protection from corporations or even just other individuals otherwise.

      The only difference between the government and corporations is that government gets to use force. So what you're saying is that the only part of society that's allowed to take away your freedom or inflict bodily harm on you should also be allowed to decide what you can say and hear? Wouldn't you rather have the freedom to change channels and watch what you want?

      We've seen the government's approach to regulating "indecent" speech: it's secretive, capricious, and retaliatory. Indecency is used as a pretext to target those whose speech the government doesn't agree with -- such as Howard Stern, whose employer the FCC fined half a million dollars for content that was less explicit than Oprah's. There are no written rules for what you can and can't say. The closest thing to a standard that exists is a George Carlin routine.

      You really think this is better than allowing consenting adults to make decisions for themselves? This is the world you want to live in?

    2. Re:Public Interest by EgoWumpus · · Score: 1

      First of all, you attribute to me a stance I don't hold. But you should see the logic behind the current reasoning before you get so up in arms about it.

      The harm to democracy that arises from outlawing ANY speech far outweighs whatever harm that speech could cause by being heard.

      So you say. But the thing about democracy is that it does not have to do with what one person holds to be true, or even what the objective truth is, but rather what the society as a whole holds to be true. If the society holds that hate speech is a form of speech that should not be tolerated, because its harm outweighs the harm done by a degree of censorship - then that is the case. That is, in fact, the meaning of democracy, that these values are decided not by a single authoritative voice, but by a consensus.

      Before you argue, though, that we don't have a true consensus; that is a problem with the process and not the result. If your actual issue is that we do a poor job of achieving a true consensus, then wage that battle instead.

      The only difference between the government and corporations is that government gets to use force.

      You're implying here that physical force is some sort of trump card. You go on to suggest that corporations cannot inflict bodily harm. The truth of the matter is that people's freedom is constrained a great many ways, and that corporations have access to a large number of those ways, just as the government does. Nevermind pollutants, corporations decide who has the right to health care in this country and who does not.

      Would I want the freedom to change channels and watch what I want to watch? Hell yes! And Comcox could even provide that service to me; except that they won't. They give you prescribed channels and their selection of TV shows. Why is iTunes doing so well except that it offers the option of watching what it is you want to watch? You cannot claim cable companies are providing that same degree of freedom; and there is mounting evidence they collude to keep you from actual freedom on these counts.

      You really think this is better than allowing consenting adults to make decisions for themselves? This is the world you want to live in?

      The world I want to live in allows consenting adults whatever freedoms do not infringe on others'. But it also looks out for people whom are not consenting. Children are the easiest example of this; we disallow children being exposed to all sorts of things because, as a society, we have deemed those things harmful. I might draw the line differently, but mine is one voice. And it's a voice that upholds the society's right to exclude things from public broadcast if that is what the society chooses. Living with other people, in a house, in a neighborhood, in a city, state or country by necessity requires you to subject yourself to a communal will. Communal choice, if you will, that should be every bit as protected as individual choice and will. This is difficult, I will grant. Protection of individual rights plays an important part. But I will be buggered before I let a few maladjusted jerks pollute the communal environment on the basis of their 'individual right to do so'. Just like I disagree that corporations should be allowed to dump chemicals willy nilly into our water supply, simply because it happens to run through 'their' land, I disagree that anyone, any entity, should have the right to force upon me or mine a constant stream of stuff I don't agree with.

      And for that reason, I think some control on public airwaves is not an inherently bad idea. I think it's in the public good.

      --

      [Ego]out

    3. Re:Public Interest by djw · · Score: 2, Insightful

      So you say. But the thing about democracy is that it does not have to do with what one person holds to be true, or even what the objective truth is, but rather what the society as a whole holds to be true. If the society holds that hate speech is a form of speech that should not be tolerated, because its harm outweighs the harm done by a degree of censorship - then that is the case. That is, in fact, the meaning of democracy, that these values are decided not by a single authoritative voice, but by a consensus.

      That's one reason the Bill of Rights exists, and why it's so difficult to change the Constitution. The framers recognized that free speech is so fundamental to the democratic process that even that process should not be able to abridge it -- at least, not without a great deal of debate. But unfortunately, we've had a series of bad Supreme Court decisions that have limited freedom of speech in the name of safety, decency, and other false idols.

      Before you argue, though, that we don't have a true consensus; that is a problem with the process and not the result. If your actual issue is that we do a poor job of achieving a true consensus, then wage that battle instead.

      My argument is with the notion that we can ever be better off by restricting speech than by allowing it. You can always point to a type or example of speech and say "The world would be a better place if that guy hadn't said that." But you can never claim that it would be better had he not been allowed to say it. The marketplace of ideas is not only a good idea -- it's perhaps the most important concept human civilization has ever developed.

      You're implying here that physical force is some sort of trump card. You go on to suggest that corporations cannot inflict bodily harm.

      Not directly, intentionally, and legally, they can't. And it's not just a trump card -- it's the defining characteristic of government. It explains why our Constitution was written so as not to give rights to the people, but so as to define those rights which the government does not have. Any expansion of those powers is a step toward tyranny.

      The truth of the matter is that people's freedom is constrained a great many ways, and that corporations have access to a large number of those ways, just as the government does. Nevermind pollutants, corporations decide who has the right to health care in this country and who does not.

      I'd argue that the free market decides, which means we collectively decide -- very democratic, you'll notice -- but the system does have its flaws. Most of those flaws come from excessive government interference in the market. I could get cheaper health care, for example, if my doctor didn't need the government's authorization to practice medicine, because there would be more doctors to choose among, and thus more competition. As long as I trust his credentials, and I (or my insurance provider) am willing to pay what he asks, why should either of us need to ask permission?

      Why is iTunes doing so well except that it offers the option of watching what it is you want to watch? You cannot claim cable companies are providing that same degree of freedom; and there is mounting evidence they collude to keep you from actual freedom on these counts.

      Again, they are able to collude only because of an artificial scarcity imposed by the government and by the physicalities of delivering cable service. The internet goes a long way toward eliminating that scarcity (as you point out with your iTunes example). In a free market, collusion is punished by competition from new entrants.

      The world I want to live in allows consenting adults whatever freedoms do not infringe on others'. But it also looks out for people whom are not consenting. Children

    4. Re:Public Interest by EgoWumpus · · Score: 1

      The framers recognized that free speech is so fundamental to the democratic process that even that process should not be able to abridge it -- at least, not without a great deal of debate.

      I think, in fact, the framers were against any change being made to be easy. Easy changes mean inconsistency and more importantly allow temporary situations to be leveraged into longer-term tyranny. Arguably this has occurred of late.

      But note that they did not disallow change; the need to change is a recognized and valid part of a democracy, to be flexible and cope with long term, emergent issues.

      I'd argue that the free market decides, which means we collectively decide -- very democratic, you'll notice -- but the system does have its flaws. Most of those flaws come from excessive government interference in the market. I could get cheaper health care, for example, if my doctor didn't need the government's authorization to practice medicine, because there would be more doctors to choose among, and thus more competition. As long as I trust his credentials, and I (or my insurance provider) am willing to pay what he asks, why should either of us need to ask permission?

      You are arguing that there is too much interference in the market, when I think it's as likely to be the opposite in most issues related to the public good. Health care is a great example of this; insurance companies have little to no incentive to pay out for medical treatment because it negatively affects their bottom line. You gloss over the fact that health care is very expensive, and a great deal of that cost comes from the fact that providers have to offset the industry-controlled 'bulk rates' that insurance companies get - making insurance a necessity. I'm sure, in theory, that a free-market solution might do better, in the long run. But the fact is that the US is behind many other first world countries in terms of life expectancy.

      So would a free market health system work better? I suggest no: most people are not equipped to have a good idea whether a doctor is good, or a total quack. This is the problem with any expert. If you don't know as much as you need to, it's unlikely you're going to have a good handle on how good they are. And thus, we need a third-party non-invested source to give us the skinny. Should it cost a lot for doctors to get licensed? Yes, because they're important, and it's important that we make sure they're good.

      You are, of course, free to get your health care from an unlicensed quack. But the government can't allow such people to mix in with doctors they are signing off on; the harm there is obvious and great.

      I fully agree that a valid role for government is to protect the commons. But I don't agree that children are part of the commons -- parents, and parents alone, bear that responsibility.

      Children aren't part of the commons, of course. But we're not utilizing them as a resource, so much as they need to be protected from disadvantages in their environment. Arguing the public airwaves aren't a commons issue is different, though. I expect that 20 years this will be a moot point, but as it stands now, yes, you can totally turn off the TV. But allowing a free-for-all in terms of content would mean that a child looking for a particular program would be faced with a challenge (nearly) equivalent to finding a book appropriate to them in a library overrun with pornography. I may not have a problem with this. You may not have a problem with this. But surely we can see how the general consensus is that it's not exactly alright? And be it the V chip, or limiting what can be aired when, the public does have some right to say that certain things aren't acceptable.

      And realize that this is entirely separate from whether a thing can be said at all. Only a few, truly maladjusted people think that pornography, say, should be banished. But there is a difference between allowing speech and allowing it anywhere, anytime. The difficult question is how to draw the bright line between what is a reasonable restriction and what is tyrannical restriction.

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    5. Re:Public Interest by djw · · Score: 2, Insightful
      I don't want to get into a big debate about health care -- neither of us can solve the problem, and it's off-topic -- but I do want to respond to a few points you made.

      So would a free market health system work better? I suggest no: most people are not equipped to have a good idea whether a doctor is good, or a total quack. This is the problem with any expert. If you don't know as much as you need to, it's unlikely you're going to have a good handle on how good they are. And thus, we need a third-party non-invested source to give us the skinny.

      I agree. But why should that source be the government? Why couldn't there be multiple private certifying agencies in competition with each other? You seem to value consensus, so why do you insist that all doctors be certified by one central agency? (If that's not what you're insisting, I apologize.)

      Should it cost a lot for doctors to get licensed? Yes, because they're important, and it's important that we make sure they're good.

      Broken record here, but it should cost a lot only if the market places a high value on that service.

      You are, of course, free to get your health care from an unlicensed quack. But the government can't allow such people to mix in with doctors they are signing off on; the harm there is obvious and great.

      But that's just my point: I'm not free to get my health care from an unlicensed person, quack or not. You can go to prison for practicing medicine without a license, unless you stick to a small list of allowed procedures. I'm not saying the government shouldn't endorse doctors and medical schools -- just that it shouldn't be the only authority, and that I should be able to value that endorsement as I see fit (or even ignore it entirely).

      Arguing the public airwaves aren't a commons issue is different, though. I expect that 20 years this will be a moot point, but as it stands now, yes, you can totally turn off the TV. But allowing a free-for-all in terms of content would mean that a child looking for a particular program would be faced with a challenge (nearly) equivalent to finding a book appropriate to them in a library overrun with pornography. I may not have a problem with this. You may not have a problem with this. But surely we can see how the general consensus is that it's not exactly alright?

      I think the only tenable position is that it's up to the individual parents. If TV becomes a porn-fest and you think that's bad for your kids, get rid of it or invest in technology that allows you to control what they watch. Don't invest in government regulation that allows you to control what I watch.

      This is one of those problems that is more appropriately solved by technology and good parenting than by regulation, and it's better for democracy that way too.

      And realize that this is entirely separate from whether a thing can be said at all. Only a few, truly maladjusted people think that pornography, say, should be banished. But there is a difference between allowing speech and allowing it anywhere, anytime. The difficult question is how to draw the bright line between what is a reasonable restriction and what is tyrannical restriction.

      Certainly -- but in almost all cases, there's a better way to achieve the desired result than by content restriction. Shouting in the middle of the street at 4 a.m. isn't a free speech issue, since the noise itself causes harm -- but posting leaflets in the same street at the same time of night is OK. The issue isn't content, or when-and-where, but the ancillary effects of the chosen delivery method. If I can deliver my speech in such a way that anyone who feels harmed by it can choose not to receive it -- for example, by turning off the TV -- then punishing me for the content of my speech IS tyranny, plain and simple.
    6. Re:Public Interest by binarybits · · Score: 1

      This is why we forbid hate speech

      Um, what? I don't know where you're writing from, but here in the United States, "we" do not forbid "hate speech." We have this little thing called the First Amendment that prevents the government from doing so.

      Similarly, I think most people would agree that a Nazi rally can "do harm to the public" but the ACLU nevertheless successfully sued for their right to have their rally.

    7. Re:Public Interest by EgoWumpus · · Score: 1

      My bad. We simply (in the US) legislate in such a way that it is illegal to defame or incite to riot. I would be curious to know if, in the cited event, they were given permission to say things like, "Jews suck", or if they had to stick to "Nazis rule"?

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  27. The Common Good by EgoWumpus · · Score: 1

    The grandparent makes an interesting point; the FCC is actually part of the executive branch. But all the branches have traditionally been granted the right to do things 'for the public good'. It falls, at some point, to a decision about whether your shouting 'fuck' does more harm than good. Not just to you. Not just to the 'average, hypothetical listener', but to all of society.

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  28. Let me try! by EgoWumpus · · Score: 1

    "Fuck" in most situations is a term that is considered, at the extreme, 'filth', because it is generally used to demarcate a degree of disrespect. Indeed, disrespect being the opposite of respect, not just the lack of it. It should not be common unless you feel a particular need to live in a culture of disrespect.

    It is hard to have a word that carries such a strong connotation in common usage if you do not want that connotation to affect the behavior of people. This is not to say that there aren't a host of other things that might also negatively impact behavior, but most 'sane' parents disallow the use of words like that because they want their children to learn to respect other people. And it's not an unreasonable stance to take; most of the great people of the world in did not use such language. If they had, people would have on some level not seen them worthy of respect - simply because they clearly did not have much themselves.

    There is absolutely no reason to be puritanical about language, but in channels of media wherein we can expect many consumers, it is not necessarily a bad idea to refrain from things that carry a connotation we do not necessarily want to propagate in behavior. This is why even if these restrictions were lifted I bet that even in three or more generations you would fail to see most 'respected' media take up the use of such words on a regular basis.

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    1. Re:Let me try! by nitehawk214 · · Score: 1

      "Fuck" in most situations is a term that is considered, at the extreme, 'filth', because it is generally used to demarcate a degree of disrespect. Indeed, disrespect being the opposite of respect, not just the lack of it. It should not be common unless you feel a particular need to live in a culture of disrespect.

      That certianly applies to "Fuck You", but fuck is a far more versitle word then to waste it on that use. For instance, if I told someone in all honesty that that they were "A Fucking Genious", there would be an underpinning of respect. Curse words themselves imply a sense of crudeness, but not necessarily disrespect.

      --
      I'm a good cook. I'm a fantastic eater. - Steven Brust
  29. Regulating a company like Comcast can only be a by shelterpaw · · Score: 1

    good thing.

    In the early 80's and 90's we had basic cable companies that provided a good service for a reasonable price, $19.99 a month. In the 90's comcast bought all the local cable stations and year over year increased the price. They justified it by offering a few more channels, but many I never watch.

    Today comcast charges $45 a month for basic cable and around $65 for digital. I stopped seeing the value of paying for cable at $45 a month or $540 a year. It would be one thing if it was commercial free, but it's not. If you want HBO, Showtime or cinemax etc you pay more. I have one friend that pays $120 just tv with the exra channels. That's $1440 a year to watch TV and you get commercials for the majority of those. The ironic thing is he spends most of his time on his computer playing games and watching porn. He's been sucked into media services, so I hardly see him anymore and last time I saw him he looked like cartman on the WOW episode of southpark, I'm not kidding.

    The thing is, I just can't seem to bring myself around to paying a company to watch mostly lame show and commercials. Commercials were originally intended to pay for programing of broadcast television. Now people pay for TV and still get the commercials. Well at least I don't anymore. I bought an antenna and watch 37 local channels in HD. I miss a few channels like the Food Network, Discovery and the History channel. On the other hand, I've been reading more and spending more time with people, which is kinda nice. I still get to watch the NFL in HD and honestly I think the broadcast HD looks better than digital cable or satellite.

    The bottom line for me is regulation is a good thing for companies like comacast if they ever want a customer like me, which they probably don't, so whatever trevor.

  30. yes they do: by Anonymous Coward · · Score: 0

    Congress can't make it illegal for you to say "shit" or "fuck" or show a tit on TV, but they don't have to allow you to use the public airwaves to do it. Yes they do.

    Please see Amendment 9 on why the fact that rights not explicitly granted by law are retained by the people. Rights are not granted by government; they are relinquished by the governed (including removing the rights of criminals, "for the greater good").
  31. A few corrections by CableTechTalk · · Score: 1

    As an actual representative of the NCTA, I wanted to offer a few corrections/clarifications to the discussion above.

    As for the seemingly conflicting numbers of cable homes that are listed on our website, the answer lies in how you count households. One set of numbers comes from a company called SNL Kagan and another set of numbers comes from A.C. Nielsen Media Research. Total households is something between 126-127 million, but includes seasonal homes, vacations properties and so on. Kagan also has a figure for occupied households. Nielsen is only interested in counting homes with TVs and people in those homes who are watching. Therefore, the larger figure is homes passed, while the smaller figure in homes with people in them. It's a difference of counting homes that could buy service or counting homes with TV viewers in them.

    As for the accusation by Orange Crush that Comcast (and presumably other cable operators) built their infrastructure "with a lot of government subsidies," this is not so. The cable industry has invested more than $110 billion over the last 10 years in its hybrid fiber-coaxial infrastructure and used their own capital and private capital. Cable is in a different position from the phone companies and broadcasters.

    Finally, there appears to be some confusion over what the "70/70" test means. Someone thought it meant 70 % of 70%, or 49%. While Bob of Dole is correct that it could be this low, that doesn't account for current market conditions. The denominator in the fraction is 70% of households passed by service of 36+ channels. The numbers of homes passed today actually happens to be around 98%. After homes passed, the next part is homes that actually buy cable service. Most estimates put cable penetration below 65 percent, and the FCC's last estimate was well below 60 percent. See Adelstein's remarks on this point.