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Bill to Bring A La Carte, Indecency Regs to Cable 274

An anonymous reader writes "A bill introduced this week would force cable operators to offer à la carte cable and so-called family-tiers of service. Those opting for à la carte programming would get refunds on their cable bill, but the legislation would also extend broadcast indecency standards to cable and satellite TV for the first time: 'In accordance with the indecency and profanity policies and standards applied by the [FCC] to broadcasters, as such policies and standards are modified from time to time, not transmit any material that is indecent or profane on any channel in the expanded basic tier of such distributor except between 10pm and 6am.' As Ars points out, 'With the parental controls built into every television set, set-top box, and DVR being sold these days, the need for such legislation seems questionable at best. Unlike broadcast television, which is available to anyone with a TV and an antenna, people subscribe to and pay for cable/satellite.'"
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Bill to Bring A La Carte, Indecency Regs to Cable

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  • by eharvill ( 991859 ) on Friday June 15, 2007 @07:34PM (#19526759)
    Or simply lose a lot of cool ("indy") channels that don't get enough sponsorship to survive on their own?
  • Bwa?? (Score:5, Insightful)

    by MagicDude ( 727944 ) on Friday June 15, 2007 @07:39PM (#19526823)
    Now I'm even more confused. If you can get any channel you want a la carte, then why do you need to impose indecency regs on channels. I could almost see the logic when you had to get Spike and TNT in order to get Nickelodeon for the kids, but now if you can cherry pick the safe channels you specifically want (and as such, pick the not so safe at your discretion), you should do away with the regs and let the market sort out what people are willing to pay for.
  • by geekoid ( 135745 ) <dadinportland&yahoo,com> on Friday June 15, 2007 @07:41PM (#19526849) Homepage Journal
    "extend broadcast indecency standards to cable and satellite TV for the first time: "

    the price they want is too high.
  • good and bad (Score:4, Insightful)

    by wizardforce ( 1005805 ) on Friday June 15, 2007 @07:49PM (#19526953) Journal

    "A bill introduced this week would force cable operators to offer à la carte cable and so-called family-tiers of service.
    à la carte cable, good now those garbage channels will finally die. restrictions on profanity etc. no, half the good scifi/action etc. shows have this in them. I like the idea of being able to cut out garbage channels and get a nice refund back for it but I dont like the idea of anyone telling me what I can and can not watch at the times they specify. Let me choose what I want to watch and keep your slimy tentacles off my remote.
  • So... (Score:5, Insightful)

    by DavidTC ( 10147 ) <slas45dxsvadiv.v ... m ['box' in gap]> on Friday June 15, 2007 @07:51PM (#19526987) Homepage

    ...when we complained about the FCC's censorship, we were told: Oh, you can get cable if you want uncensored stuff.

    And they they started labeling everything and building controls into TVs to filter by rating. That was okay, because they told us, with everything labeled, people could complain less about 'inappropriate' things, because, after all, everything's rated.

    Look, we've given those fascist 'think of the children' asshats every damn thing they wanted, and, magically, they always want more. It is trivial to filter content from children at this point, via broadcast or cable. We should be reducing such general restrictions, not adding to them, because we've added specific abilities to filter to end users. There's no logical reason we should be extending restrictions them to cable.

    The one conclusion is that they wish to keep such content from adults.

    You know what? Media companies need to start labeling everything TV-MA. Everything. All channels, all shows, are now listed as bad as possible. You can either live and operate as an adult when interacting with the TV, or you can not ever watch anything ever again. Your choice.

    We tired, God knows we tried, but you fascist assholes either mindbogglingly stupid you can't avoid the carefully labelled content we've made, or deliberately don't want to. We're just going to have to draw the line in the sand, and label everything as 'hardcore porn' so you will shut the hell up. If people want cable, or, hell, wish to purchase a TV, they get handed a form that they have to flip past ten pages of porn to sign, and certify that they consent to have the filthiest things possible beamed directly into their and their children's brain.

    Of course, TV would remain the same, with different shows aimed at different audiences, but we'd have a lot less assholes whining about it, because there would be huge clear warnings that 'The following show contains every bad thing on earth. Do not watch it under any circumstances.'

    ...hey, South Park actually has that warning. Hmmm.

  • V-chip (Score:5, Insightful)

    by Col. Klink (retired) ( 11632 ) on Friday June 15, 2007 @07:56PM (#19527037)
    With the V-chip in every TV sold, I think it's time to end FCC restrictions on over-the-air television, not the other way around.
  • by Anonymous Coward on Friday June 15, 2007 @07:56PM (#19527047)
    Sex in the City is garbage for dead minds.
  • Rationale? (Score:5, Insightful)

    by spiritraveller ( 641174 ) on Friday June 15, 2007 @07:59PM (#19527075)
    What is the rationale for the Free Speech infringement here?

    With broadcast regs, it is reasoned that the airwaves are a limited public resource. Thus, the public supposedly has a right to regulate content broadcast over it.

    But cable is neither a limited, nor a public resource. And I don't gather that satellite is either. So how does the Congress get around the First Amendment and regulate their content?

    Is this unconstitutional or what?
  • by nurb432 ( 527695 ) on Friday June 15, 2007 @07:59PM (#19527089) Homepage Journal
    Who gets to decide what is indecent? Me? I doubt it.
  • by ScrewMaster ( 602015 ) on Friday June 15, 2007 @08:05PM (#19527147)
    Would all those great shows like the Sopranos, Sex in the city, Deadwood, etc ever been possible had HBO been worrying whether or not they're hurting all of those beautiful minds in the heartland?

    Certainly not, they'd have been too risky.

    Matter of fact, this is just another example of a bunch of lawyers (i.e., Congress) creating a lot of makework. That's all this is: yet another Congressional subsidy to the corporate attorney crowd, as if Sarbanes-Oxley and intellectual property (hah!) weren't enough. We're at the point where no company can take a breath (much less create something worthwhile) without having to consult some lawyer and have him pass on the idea. Which he won't, with laws like this on the books, because if he did, he wouldn't be doing his job.

    Regarding "decency" laws: what is it about certain people that they feel the need to force their pattern for living upon everyone else? I just want to grab one of these idiots by the throat, shake him a few times, and point out that I'M NOT OFFENDED BY A FEW BAD WORDS, YOU STUPID LITTLE PRICK, I PAY THE DAMN CABLE BILL NOT YOU, AND WORRYING ABOUT WHAT ME OR MY FUCKING KIDS SEE ON THE GODDAMN TELEVISION IS ABSO-FUCKING-LUTELY NONE OF YOUR GODDAMNED BUSINESS!

    "Decency" laws my ass. What we need are laws that make Congress behave decently. I might go for that. But they'd fuck that up too, it's the nature of that particular collective beast. It really is twisted that some of the most amoral individuals in our society are the ones trying to define what is acceptable and "decent" (whatever that actually means) for the rest of us. Still, they do say that hierarchies are like septic tanks: the really big chunks always rise to the top.

    And I'm sorry if any of you found this post to be "indecent" but sometimes Congress just torques me into a fucking pretzel. As Lewis Black says, "The only thing STUPIDER than a Republican or a Democrat ... is when these little pricks work together!"
  • by Elemenope ( 905108 ) on Friday June 15, 2007 @08:09PM (#19527183)

    I have never been impressed by my Engineering friends' patience for the disturbing capacity of the human organism to frustrate expected error tolerances; they tend to expect things to work in regular and predictable ways (with easily twiddlable control values). Individual humans are bad enough in this respect, but in aggregate, human beings are frustratingly difficult to predict in their behaviors and constructing systems for channeling and mediating those behaviors have unexpected and often catastrophic failures.

    When you stop and think about it, law and legislation is very much like engineering; just with none of the convenient physical laws and thresholds to depend upon when designing the machines for operation. The engineering mindset, however, tends to value efficiency above all other qualities, and efficiency is not the primary goal of legislation; there are other things of value to be preserved in human-government interactions that would undoubtedly be sacrificed on the altar of efficiency.

    I do agree that this particular legislation sucks lots, though. Doesn't take an enginner to figure that out.

  • by Dracos ( 107777 ) on Friday June 15, 2007 @08:16PM (#19527259)

    Cable rates have increased at 6 times the rate of inflation this decade, it's insane.

    I want cable, but I don't want to scroll through 200 channels of crap I'll never watch (MTV, VH1, Lifetime, Oxygen, the fucking Golf channel... these are my opinions, keep your flames).

    I do want to watch the Hitlery, er--I mean, History Channel (when it's not about WWII), History International, the Discovery networks, Comedy Central, and a few select others. Give me my 20 or so channels that I actually want at $1 each, and I'll be happy.

    I'm still subscribing, and there are still commercials, so the only people who lose from censoring cable are the majority of people who aren't offended by OMGBOOBIEZ!!!111one on the National Geographic channel. If you don't like it, turn back to the 700 Club.

    The premium channels (HBO, Showtime, Skinemax, etc) are the ones they likely want to censor, and these are the ones you have to effectively subscribe to twice.

    The FCC is not my kid's parent, I am. Don't impugn my ability to perform my parental duties, you pseudo-family-values fascists. I suspect that they want to do this to increase DVD sales.

  • by eharvill ( 991859 ) on Friday June 15, 2007 @08:17PM (#19527269)
    Yes, b/c as *everyone* knows, popular and highly rates shows *must* be good.
  • by frogstar_robot ( 926792 ) <frogstar_robot@yahoo.com> on Friday June 15, 2007 @08:20PM (#19527293)
    A major reason why I pay for premium channels is so I can watch things like Penn & Teller Bullshit! and Orgazmo. If pay cable has to be just like the three major networks of old then I'm dropping my cable like a hot rock. You hear that cable operators?; I'm not the only one who pays to see things the more public networks can't show. Lobby this one down pronto.
  • Buy a guitar or piano and learn to play music. There are other things in life than watching TV.

    Heck, you want a challenge, find a way for me to get a date on Friday that doesn't involve a "rough trick named stan" and I'd salute you.

    Tom
  • by guaigean ( 867316 ) on Friday June 15, 2007 @08:26PM (#19527353)
    But if they can't sustain themselves, why would you continue paying to produce it? Unless you're doing non-profit, why would you support a company policy that said "Hey, we're just gonna spend a lot of money and go further in debt, just in order to make 0.5% of the population happy." Seriously, not all indy is good either. If something is valued by people, then it should bring in more support than it requires to produce. If it isn't, unless you had money to blow, why would you keep it going?
  • Re:V-chip (Score:3, Insightful)

    by dgatwood ( 11270 ) on Friday June 15, 2007 @08:31PM (#19527387) Homepage Journal

    Indeed, that's the reason we agreed to allow them to mandate those chips in the first place. The far right mandated that we (the consumer) foot the bill for a small minority of parents who are not only horrified that their poor children might be permanently scarred by words that are no worse than the things they'd hear on the playground, but also are unwilling to monitor their own kids and what they watch on TV. (This is, of course, assuming that these parents ever really even existed, but for now, I'll give the Congress critters the benefit of the doubt.)

    So now that they've managed to force everyone to pay more money for this feature when we buy a TV so that a few people don't have to actually act like parents to their kids and can use TV as a babysitter, these same Congress critters want to censor satellite TV because those people can't be arsed to figure out how to use parental controls? Uh... no.

    If parents want to protect their kids, they are already provided with the technology to do so, and more to the point, I and every other American citizen is forced to pay extra money for our TV sets so that they will have that right. That is absolutely as far as I am willing to allow our government to regulate TV. It takes all of ten seconds to set up parental controls on a TV. If parents can't figure it out, all they have to do is ask their kids to show them how.... :-)

    This law isn't about protecting the children. This is about a bunch of fascists at the FCC who want to turn the airwaves into a Barney-fest and trying to do it by tacking it onto a law that everyone wants. This is exactly why we need a constitutional amendment to mandate a single subject per bill and ban these multi-topic laws. As for this law, screw Congress. They can take my South Park and Futurama when they bite my shiny metal @$$.

  • by badasscat ( 563442 ) <basscadet75@@@yahoo...com> on Friday June 15, 2007 @08:44PM (#19527493)
    But if they can't sustain themselves, why would you continue paying to produce it?

    I understand your point, but it's not really a valid one. If it was, not only would you only ever hear Britney Spears on the radio, it's all you *could* ever hear *anywhere*.

    The problem is a lot of stuff starts out "indie" that becomes mainstream later. Almost by definition, most experiments fail. The ones that succeed, though, are the ones that drive the mainstream forward. So a lot of money must be lost in order for money to be gained over the long term. How do you think bands like Coldplay and U2 were initially financed? They didn't pay for themselves at first; they were financed by people like Madonna and Kylie Minogue. Same goes for TV talent. You've gotta run before you can walk.

    With a-la carte pricing, I guarantee channels like IFC and Sundance Channel will die. You may not watch those channels, so you personally may not care. But is the point of a-la carte pricing to bring us less choice? Is that the goal we should be working towards?
  • by darjen ( 879890 ) on Friday June 15, 2007 @08:46PM (#19527515)

    Being forced to support cable channels my family will never watch is the same as being forced to eat one meal a day at that restaurant down the street that no one likes.
    So when did someone put a gun to your head and force you to order cable?
  • by dangitman ( 862676 ) on Friday June 15, 2007 @08:51PM (#19527563)

    Bring on ala carte!

    Even if it means imposing the indecent "indecency regulations" on cable channels?

    And what if it means the channels your family likes are no longer available at all, because they were only sustainable in package form?

  • Re:good and bad (Score:1, Insightful)

    by Anonymous Coward on Friday June 15, 2007 @09:21PM (#19527739)
    Here's a different perspective on "a la carte" vs. bundled programming that you might find enlightening.

    It's also a perspective that's blatantly wrong, or worse, intentionally misleading. Nikelodeon and MTV don't give their channels away for free, there is indeed a marginal cost for the cable company to carry them over not carrying them. Maybe if the guy was also calling for an end to copyright and a ban on content producers from charging any additional amount over the cost of production for their content he'd have a point, but as long as the cable company has to pay MTV and Nikelodeon to carry their channels, you have to pay them to carry those channels.

    The perspective is also ignorant of the fact that there are more channels out there then there is cable bandwidth. Fiber to the home may fix this (if the industry ever bothers to roll it out, which for all of the Libertarians' handwaving, they can't explain other than the market didn't clap loud enough for it and the fiber fairy died) but until then, your choices are satellite or 60-70 channels on cable (or 100-110 compressed-the-hell-out-of-channels on "digital" cable).

    Worse, the content providers themselves are in on "forcing" the channels on you. It's not really a matter of having to have MTV to get Nikelodeon, it's the conglomerate owning MTV demanding that the cable company bundle Nikelodeon, C-Span#49, the phone-in shopping channel, biblethumper network plus, and that channel that does nothing but show a color test pattern 24 hours a day (not because it's fun to watch, but because it fills up a slot that a competitor could have used) along with MTV.
  • by ceejayoz ( 567949 ) <cj@ceejayoz.com> on Friday June 15, 2007 @09:23PM (#19527757) Homepage Journal
    But is the point of a-la carte pricing to bring us less choice?

    What about the choice not to pay for channels we don't watch?
  • by Anonymous Coward on Friday June 15, 2007 @10:07PM (#19528011)
    I don't know about that. I know ESPN (fuck them for making MNF almost unwatchable, I'd subscribe to a channel showing the taliban setting thier children on fire.) and Disney would suffer, Sundance and IFC have programming I actually watch. I pay extra for the encore package, and showtime, and nfl network as it is. nickelodeon, disney, a bunch of related crap, spanish only channels, religious shit up the ass, the mtvs, country anything, chick channels, bet, all shit i pay for and don't use. I'm taking it in the ass from family values programming. Now i'm aware religious programming probably lowers my cable bill given than they're probably paying the cable company to carry them. I'd get rid of dozens of channels, paying specifically for Sundance, IFC, an anime network or whatever, wouldn't be a big deal in the wake of the largess.
  • by grasshoppa ( 657393 ) on Friday June 15, 2007 @10:18PM (#19528071) Homepage

    With a-la carte pricing, I guarantee channels like IFC and Sundance Channel will die. You may not watch those channels, so you personally may not care. But is the point of a-la carte pricing to bring us less choice? Is that the goal we should be working towards?


    I don't know about you, but around these parts I pay for 80+ channels and watch 2 of them. Maybe. About 1/3 are foriegn language stations. Another 1/5 are sports related, then you have the MTV channels. There are about 5 selling/auction channels. The rest are made up of gardening/home channels and the basics. I don't really want to pay for any of those, and have a moral problem supporting some of them ( MTV ).

    I'd be OK with less choices; If it ended up with me not having anything to watch on TV, I'd be ok with that. It's just not that important.
  • by Lehk228 ( 705449 ) on Saturday June 16, 2007 @12:40AM (#19529065) Journal
    the point is that cable companies are given special rights above and beyond normal companies, just try to start up darjen's cable service and string some copper from the telephone poles and see what happens.

    since they are given special access to public property there is a legitimate public interest in regulating their buisiness practices beyond simply preventing dishonesty and criminal activity.
  • Re:So... (Score:2, Insightful)

    by Eli Gottlieb ( 917758 ) <[moc.liamg] [ta] [beilttogile]> on Saturday June 16, 2007 @01:25AM (#19529355) Homepage Journal

    Look, we've given those fascist 'think of the children' asshats every damn thing they wanted, and, magically, they always want more.
    Don't negotiate with terrorists.
  • by Scudsucker ( 17617 ) on Saturday June 16, 2007 @01:46AM (#19529487) Homepage Journal
    Gee, you wonder why jobs are leaving America? Could it be the cost of compliance with every asinine regulation that some moron drafts?

    No, jobs are leaving America because CEO's have to get their 20% annual pay increases, regardless of their actual performance.
  • by oogoliegoogolie ( 635356 ) on Saturday June 16, 2007 @08:48AM (#19531303)
    With a-la carte pricing, I guarantee channels like IFC and Sundance Channel will die.

    Dear lord, if channels have such poor viewership that they cannot survive without being tied to some bundle then let them die. Just because the channel is not mainstream does not mean it's some artistic endeavor worth saving.

    You may not watch those channels, so you personally may not care.

    That's right, I don't watch them and I don't care.

    But is the point of a-la carte pricing to bring us less choice? Is that the goal we should be working towards?

    What goal? Since when did all cable subscribers start working towards a goal? My goal is to pay for what I watch, and only what I watch. In the past, when I had cable before I got sick of all the retarded bundling, I was paying for 125 channels + 4 digital packages just to watch the six stations I really want. I don't really know what you are talking about when you mean "choice", but forcing me to get all those channels is not much of a choice. In fact I made the choice to cancel my cable over a year ago.

  • by tashammer ( 905647 ) on Saturday June 16, 2007 @11:10AM (#19532051)
    The Code of Law and all other laws have never been about "justice": what they are is an attempt to make it possible for us to more or less live together given the fact that we fight like minks given half a chance.

Anyone can make an omelet with eggs. The trick is to make one with none.

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