A new bill introduced into the House of Representatives yesterday would force cable operators to offer a family tier of programming, along with an "opt-out" à la carte cable programming option. At the same time, it would apply broadcast indecency standards that restrict indecent programming to the hours of 10 PM and 6 AM to cable and satellite networks.

The Family and Consumer Choice Act of 2007 is cosponsored by Rep. Daniel Lipinski (D-IL) and Rep. Jeff Fortenberry (R-NE) and would be the à la carte law that Federal Communications Commission chairman Kevin Martin says is necessary. The bill has not yet appeared on the Library of Congress web site, but Ars was able to obtain a copy of the legislation from Rep. Lipinski's office.

Tiers and à la carte

The bill has something for everyone who has been advocating for à la carte cable. Those concerned by the amount of programming available on cable that's inappropriate for young eyes should be pleased, as there's a very real "think of the children" thread running through the bill. "Of those homes with children subscribing to cable service, the vast majority subscribe to expanded basic cable service," notes the bill. For that reason, the bill would mandate the creation of "real family tiers of programming," which the bill defines as all channels in the expanded basic tier aside from those carrying programming rated TV-Mature or TV-14 between the hours of 6am and 10pm.

Those who are tired of paying for channels that they never watch will like the bill's opt-out provision, which will give cable and satellite subscribers the ability to cancel channels on an individual basis. The legislation says that anyone electing to do so would receive a "credit on the monthly bill... for such blocked channels in an amount equal to the amount that such distributor pays for the right to provide such blocked channel."

That rumbling you're hearing is the heavy-duty lobbying machines of the cable companies being revved up and put into gear. Cable and satellite providers have consistently opposed à la carte programming, saying that it would raise overall programming costs while dooming niche networks that have a limited audience. A couple of cable companies—most notably Time Warner—have created family tiers, but those are the exception, rather than the rule. And despite all the discussion about à la carte cable, consumers are generally indifferent to it and unrealistic about its price.

Applying broadcast standards to cable

Moving beyond à la carte and family tiers, the legislation would extend indecent programming restrictions that are currently applied to terrestrial TV to cable and satellite networks. "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 10 PM and 6 AM.

Rep. Lipinski and FCC chairman Kevin Martin, who has advocated for expanded indecency regulations, believe that parents need government help in protecting their children from objectionable content. "In today's culture, parents are increasingly worried that their children are exposed to obscene, indecent, and violent programming," Rep. Lipinski said in a statement. "While there is no doubt that parents are the first line of defense in protecting their kids, clearly they need more help."

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. Those who are concerned about the possibility of indecent programming during the daytime already have several options available to them, including not subscribing to cable or using some of the technological means available to block objectionable content.