Copps, Tate Gripe about TV Indecency; McCain Introduces A la Carte Bill

Separately, Sen. McCain (R-Ariz.) introduced a delayed bill that would give a video provider that agrees to sell channels individually a national franchise without having to fully build out systems (CD May 30 p5). McCain touted his bill as a solution to public concern about raunchy shows, saying in a floor statement that “complaints about indecent cable programming have increased exponentially in recent years.”

AT&T, which lauded McCain’s bill, was joined by conservative groups including the Parents TV Council and Concerned Women for America. NCTA panned it, saying it’s “completely unnecessary.” Officials at NAB and National Assn. for Telcom Officers & Advisors didn’t respond to requests for comment. The bill proposes to cut the cap on franchise fees cities charge video providers 1/4, to 3.7%. The bill has no co-sponsors, a McCain aide said. That makes it unlikely it will pass, a source said.

Indecency could be partly addressed if cable firms sold channels individually, Tate said, adding: “There’s no silver bullet.” Tate said she has started referring to selling channels separately as “channel on demand” because “a la carte” is a “lightning rod.” It’s also a term unfamiliar to many, she said: “When you get outside the Beltway, a la carte means what you choose from a menu at a restaurant.” Decency is her top priority, she said.

Tate called for public debate on a la carte, which she said “has just become a lobbying game.” Just as wireless service providers let customers choose from a wide array of cellphones with many different calling plans, so cable should “accommodate consumers,” said Tate.

Industry must do more to help parents monitor kids media use, Sens. Clinton (D-N.Y) and Landrieu (D-La.) said separately. Parents have a hard time keeping tabs on use of websites like MySpace and violent video games, Clinton said, warning about the risks of “new forms of interactive marketing.” A “mature” videogame rating does little to prevent children from buying products in stores, she said, citing a study that found 1/2 of 9 year olds were able to buy such products. Best Buy’s vigilance is “an exception,” she said.

Broadcasters caught the most heat from Copps, who called on them to revive a code of conduct that’s been eliminated, and air more kid-friendly programming during prime time. The industry hasn’t demonstrated it deserves must-carry protection for digital broadcasts beyond the primary signal, he said: “Do I believe that cable ought to carry every camera dangling out of every window, doppler radar?… No.” A multicast must-carry item that Chmn. Martin is circulating on the 8th floor is “rushing ahead” without examination of DTV public interest obligations, said Copps: “I'm a little surprised we're doing this.” Asked after the panel whether he would support Martin’s item, he demurred, saying: “We need to have a dialogue.”

Lawmakers also expressed concern on multicast must- carry. Senate Commerce Committee Chmn. Stevens (R-Alaska) said the FCC should defer to Congress on such rules. “I hope that if it’s going to be done, it’s to be done by Congress and not the FCC,” he told reporters. House Commerce Committee Chmn. Barton (R-Texas) and Rep. Upton (R-Mich.) asked FCC Chmn. Martin to steer clear of multicast must-carry rules, which have been circulating on 8th floor. “Allowing each broadcaster to force video distributors to carry multiple streams of the broadcaster’s programming rather than letting consumer forces and market forces operate” is a bad idea, they wrote. Doing so “would only reduce the amount of capacity available for non-broadcast programming at a time” when people are watching more of such alternative shows, they said.