Commentary By Paul S. Maxwell What 1st Amendment? Did anyone notice that Mel Karmazin, in pitching the concept of merging 2 DARS license holders (something specifically prohibited by his license and the other guy’s), brought up the idea of a la carte satellite radio channel selection by consumers? Think he might have been pandering a bit to Federal Confusion Commission chmn Kevin Martin(et)? Kind of hoping a concession here or there might help get the merger of Sirius and XM past the Commission… well, might work. Think the cable industry might have to do some pandering? Martin(et) is raising more and more anti-cable flags in Washington, D.C. almost every week. So far, these issues—some of which should go away—remain on the table: The Commission, for whatever reason, has apparently declared war on cable… and cable programming.The Chairman, responding to an order from Congress, now has a study that suggests violence can be regulated… much in the same way sexual content is regulated… at first, by time of day. So what’s happening? Well, just look at the five-sided war being waged on cable from his perspective: It’s a pentangle of possible penalties… and all attack the very basics of the cable television business. Washington just won’t go away… vigilance and aggression are called for! To arms! (Well, not quite that bad, yet. But stay tuned). Random Notes

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