FCC member says tougher cable regulation unlikely

By Peter Kaplan

WASHINGTON (Reuters) - Federal Communications Commissioner Robert McDowell said on Wednesday it was unlikely the FCC's planned closer look at cable TV subscriber levels would trigger tougher regulations of the industry.

During a Reuters Media Summit interview in Washington, McDowell said there is only a "slim" chance that scrutiny of further cable industry data would show subscribership had surpassed a key 70 percent threshold, leading to possible expanded regulation of the industry.

"I think there is a slim possibility that that ... 70 percent penetration threshold could be passed. But I'll underscore the word 'slim'," said McDowell, one of three Republicans on the five-member commission.

The comment comes a day after McDowell and other commissioners balked at a finding proposed by FCC Chairman Kevin Martin that the industry had exceeded the 70 percent subscribership.

Under U.S. law, that finding would give the agency more authority over companies such as Comcast Corp (CMCSA.O: Quote, Profile, Research, Stock Buzz) and Time Warner Cable Inc (TWC.N: Quote, Profile, Research, Stock Buzz).

But Martin came under criticism at Tuesday night's FCC meeting from other commissioners, some of whom questioned whether he had cherry-picked statistics from a communications industry trade publisher, while ignoring data the FCC had traditionally relied on in the past.

Martin agreed to try to settle the dispute by backing away from the finding and seeking more data from cable operators, who will have 60 days to provide it.

Yet McDowell said on Wednesday further FCC investigation probably won't show cable subscribership topping 70 percent.  Continued...