"I think that the a la carte issues raise the least First Amendment concerns of any of the potential solutions," Martin countered after touring the exhibit floor at the NCTA conference here. Noting that cable operators already let subscribers block objectionable programs, he said per-channel pricing simply goes a step further by reimbursing viewers for blocked channels.

The FCC chairman, a Republican, spoke as the Senate Commerce Committee, prepares to hold a May 17 hearing on the topic.

In advance, a Commerce panel member, Sen. John (Jay) Rockefeller, D-W.Va., plans to introduce legislation permitting the FCC to target graphic programming during prime time. Commerce Chairman Daniel Inouye, D-Hawaii, already has expressed support for Rockefeller's efforts and has pledged to move the bill.

McSlarrow asserted during a press briefing that the report would be relegated to the "dustbin of history." He added, "To wait for a regulatory solution that's going to be invalidated and thrown out in the courts I think is a missed opportunity."

He later spoke with Technology Daily, emphasizing that "literally every court" that has reviewed the constitutionality of violent content in various contexts has said regulation "inevitably" fails a First Amendment test. "It just leaps to conclusions," he said of the document, which mentions per-channel pricing at the behest of Martin.

The cable industry opposes the concept, arguing that less popular channels that now survive as part of programming bundles would be harmed.

"It's completely disconnected to the rest of the [report]," he added. "There is literally no analysis that would lead up to the conclusion that a la carte would have anything to do with a possible solution to the problem of violence."

McSlarrow said industry stakeholders should take the lead on crafting solutions. "We know what could work: parental controls. Can they be better? Sure. Can we do a better job on ratings? Sure. There are all kinds of creative ideas, but we should be working collaboratively," he said.

Extending an olive branch to Rockefeller, cable's top lobbyist offered: "If there are ways we can improve what we're doing, we're open to discussion." But a broadcast television lobbyist dismissed unilateral steps for now, saying that "it's a little early to be thinking about something like that."

In early 2006, major cable systems voluntarily adopted family-friendly tiers in response to pressure from Washington about sexually explicit content. During his Monday keynote to NCTA, Martin left out comments praising a la carte that appeared in the written version. An aide said the omission was due to time constraints.