Martin: Cable Caps Can Be Reconsidered in Broadcast Review or Separately

A long-languishing court remand of FCC cable system ownership limits should be acted on in the Commission’s ongoing broadcast ownership review or tackled separately -- and soon, Chmn. Martin said. He doesn’t care which approach colleagues take but thinks they should make a choice, Martin told us Wed. at a news briefing. The chairman unsuccessfully tried to merge the 2 rulemakings but lost because colleagues wanted them taken up separately (CD Jan 12 p1).

Action is overdue on a 2001 U.S. Appeals Court, D.C. remand of the FCC rule limiting companies to serving 30% of U.S. households, Martin implied. He said several times that the remand predates by 2 years the Commission’s first swipe at the broadcast rulemaking. Since then, media ownership rules were remanded to the FCC by another appeals court and are the subject of another rulemaking (see separate report in this issue). “The Commission has had a pending cable ownership proceeding for much longer,” Martin said: “That proceeding was actually pending with a full record originally prior to the 2003 [broadcast] proceeding.”

The FCC again can seek public input on cable limits if Commissioners decide to combine that rulemaking with the broadcast ownership review, Martin said: “What I've encouraged my Commission colleagues is to say ‘we either need to bring it to conclusion now’ or we need to say ‘let’s go on and seek comment on it in the context of these other media ownership issues.’ But I'm fine with either one.”

Another cable issue that the Commission will act on is program exclusivity rules, said Martin. He said a rulemaking is in the works, but he wouldn’t give specifics. Martin listed unfettered access to cable programming by “making sure we have lower barriers to entry” for companies such as Bells as among his goals in encouraging video competition, he said: “That’s the reason why we'll end up having to start a proceeding to effectively see whether those rules are still necessary.” Some cable operators have said FCC rules that prevent them from having exclusive programming in most cases may be outdated. The restriction expires this year.

Martin listed some other video priorities this year, including ensuring that new video entrants have access to apartment buildings and making sure pole attachment rules are working: “The Commission will be active on all those fronts.”

Martin linked access to cable programming with his No. 1 priority this year as chairman: Broadband deployment. Stimulating video competition will help “additional broadband deployment,” Martin said: “I think we'll continue to be active on that as well.” Attention will turn to wireless broadband as a way to bolster Web access with the upcoming 700 MHz auction, he added (see separate report in this issue). - Jonathan Make