• by David Goetzl , March 6, 2006

ORLANDO - A top industry lawyer today told media executives gathered here that the FCC's push for "a la carte" cable is driven more by a desire to rein in programming indecency than to save consumers money. Robert Corn-Revere, a partner with Davis Wright Tremaine in Washington, said that FCC Chairman Kevin Martin supports "a la carte" because he's an advocate of "family-friendly programming."

A la carte would permit consumers to select which cable channels they receive, allowing individuals to opt not to receive networks they believe include inappropriate content. It could also reduce costs, since consumers would only pay for desired channels--something the FCC asserted in a report last month, although the cable industry denies that.

"The a la carte issue began as a cable pricing issue," Corn-Revere told attendees at the American Association of Advertising Agencies' Media Conference and Trade Show. However, he said the issue has morphed into a question of whether consumers are forced to take channels with "questionable content."

"That really is the driver for this issue," he said.

An FCC report released last month said individuals could save as much as 13 percent in their cable bills if a la carte were adopted.

Corn-Revere also said that the Janet Jackson "wardrobe malfunction" during the 2004 Super Bowl "fanned the flames" in Washington and ignited a push for greater regulation of media content, including advertising.

Other issues pertinent to the ad industry drawing interest at various levels of the federal government include whether some food advertising targeting kids contributes to childhood obesity and the impact of prescription drug advertising on the cost of drugs.

Jim Davidson, a lawyer who represents the AAAA, said Congress is particularly worried that the large amount of DTC ads could lead to increased consumer use of pharmaceuticals, which could cost the government more now that there's a Medicare prescription drug benefit.

"What they forget," Davidson said, "is the power of advertising to help people get better."