• by David Kaplan , March 7, 2005

Compelling cable and satellite telecasts to the same indecency restrictions that govern over-the- air broadcasts would likely be unconstitutional, said Michael Powell, the departing Federal Communications Commission chief, in a television interview.

Specifically, such a law was proposed this past week by Sen. Ted Stevens (R-Alaska), who heads the Committee on Commerce, Science, and Transportation, which has oversight of the cable industry. Stevens was soon joined by his House of Representative counterpart, Joe Barton (R-Texas), who chairs the House Energy and Commerce Committee.

"It's very likely unconstitutional, and I personally don't really support an extension," Powell said during an interview on the Fox News Channel with Neil Cavuto. "I think when the Congress takes a hard look at this, if they really study the constitutionality, that it's difficult and unwise to extend it."

When Powell announced he was stepping down last month, his legion of detractors in the media industry cheered, arguing that the fines handed down by the FCC were stifling free speech. It was surely surprising to those same critics that Powell now seems so reasonable. Case in point: on Friday, Powell's primary bete noire, Howard Stern, praised Powell, saying that the FCC head knows the U.S. Constitution better than Stevens and Barton.