FCC Boss Kevin Martin last week announced he was planning to use a provision in a 1984 law to exert power over the cable industry. Martin's goal is to use the provision to give him the authority to employ new regulations that could limit the cable industry's growth, and force them to migrate to an "a la carte" pricing scheme. Martin's claim that his primary goal is lower TV prices isn't particularly convincing.

The "70/70 rule" in question states that if cable TV is available to 70% of U.S. homes and 70% of those users subscribe, the FCC has the authority to enact new regulations. While consumer advocates have traditionally supported using this provision to leash cable operators, Martin's loyalty here is to the baby bells (who like a more regulated cable industry) and indecency groups (who want to be able to pick and choose "kid friendly" channels).

However, his plan isn't faring well among his own party members, where it's a staple belief that deregulation leads to telecom nirvana. 26 Republicans on the House Commerce Committee have written Martin, calling his proposal "misguided and harmful." Fellow Conservative commissioners are also not impressed with his plan, and say he's fudging his numbers to use the provision.