The potential for Pay-TV Regulation Conundrum

The potential for Pay-TV Regulation Conundrum In last week's column, I argued the merits (or lack) of extending decency regulations to cable and satellite. This week, I would stress that this is a quagmire indeed be and how it can be difficult to implement, irrespective merits.Regulating TV cable and satellite is not clear as it might seem on the surface. Remember, we are talking about the regulation of indecency which, unlike obscenity, is protected by the First Amendment. The complexity of such an undertaking are formidable, to say the least. There are several key issues to be addressed and overcome. As they say, the devil is in details.For something, Congress will need to determine the scope of what needs to be regulated. It would be cable TV and satellite, or just all forms of pay-tv? If Congress seeks to regulate all forms of pay television, the term - the pay-TV "- should be legally defined. In addition to satellite and cable, which is also the new IPTV technology in which television programs and movies are delivered to TV set-top-box from the Inteet? Inteet video would be displayed on a computer also be included? O from the Inteet are automatically exempt? Express wireless services for pay-TV also be included? Would video, whether rental or purchase, also be defined as a form of pay-tv? It might be a case for them being included because videos, VHS and DVD, are ultimately played on a TV.What minutes of the video phone? Who can not be considered a form of pay-tv? Now, if Congress decides that the new regulation will only apply to cable and satellite, there are still problems. What about all the channels of cable TV and satellite system should be regulated or the rules apply only to so-called "basic" channels. The term "all channels, pay-per-view and video on demand (VOD), programs and movies? If yes, how safe harbor hours be enforced with VOD, since the subscriber determines when the programs and movies play? If only the basics should be included, a definition will be designed to determine the difference between a base and a chain. A channel that can be purchased as part of a package of channels be defined as a basic channel? If yes, then most channels we think that the premiums should be included because they may be grouped with the same channels. For example, HBO is sometimes supplied with chains such as Cinemax, Showtime, Starz, or even other multiplexes HBO.Or base would be to limit the number of available channels in the first level or two? Since this packaging varies from cable system and satellite to another, how do you know who are the real basic channels? The awards would be limited to channels that can be purchased individually at the price of a premium? If so, it would be a multiplex channel like HBO Signature will treated as a base, since it can not be subscribed to individually? Moreover, the channels that you can subscribe to individually vary slightly from one system via cable and satellite to another, then how do you know who are the premium channels? When these things vary from one system via cable and satellite to another, that the standards are based on how the majority of operating systems? Or another method is used to solve this problem? Perhaps the presence or absence of publicity, could be used to separate the bases of the premium. In this system, all channels that are supported by advertisers would be considered basic and which should not be considered premiums. However, there are potential problems with this methodology. Congress should establish a definition of advertising incurred. It would be based on the amount of advertising is a channel? If yes, how much advertising would have to carry to be legally considered advertiser supported? Or perhaps it would be based on the amount of revenue derived from a channel of advertising. If yes, what is the threshold? Also, the word "advertising" should be defined by law. It would be product placement in films and television shows are included in the advertising equation? What is to run promotions shows on channels? That count as advertising? Even if all this is set, this method still leaves us the problem posed by channels like Tuer Classic Movies, Fox Movie Channel and the Independent Film Channel, which does not contain ads, but are included in many packages.Now basic on the assumption that all the issues surrounding the scope of the new legislation could be developed, the penalty problems should be solved. Who will pay the fines? Owners of the chain? Cable operators and satellite? Performers? All? If Inteet audio and video are included in the scope of regulation, Inteet service providers and / or IPTV operators to pay? If cable operators and satellite pay, could not large fines potentially limit some small companies with cable TV 'ability to develop and implement new technologies like high-definition channels? Then there is the issue of revocation of license. Cable and satellite are not like the licensing of broadcasting channels. As habitual offender license revoked if not to start? Or is it only for the failure? But that does not restrict the choice available to customers via cable and satellite? Can cable operators and satellite will be placed on businesses? Do not let people in some areas without cable franchise? It is not squash competition for cable service in areas that currently do not have? The FCC actually shut down Directv and / or Dish Network and make thousands of dishes courtyard value? As you can see, there is a mountain of complex issues which must be satisfied before the decency regulation of pay-TV could become a reality. Obviously, there are many-to-point and t cross. Since this law, attoeys throughout the capital are already licking their chops! Terry Mitchell is an engineer, writer, joualist and trivia buff from Hopewell, VA. It 'also a political columnist for American Daily and operates his own website - - on which he posts comments on various topics such as politics, technology, religion, health and welfare, financial personnel, and sports. His comments offer a unique perspective that is often not in the media.