As the 70/70 rule of the Cable Comm Act of 1984 kicks in for the Big MSO's like Comcast and TW, the FCC has carte blanche authority to what it wants. This makes K-Mart happy since he is anti-cable and highly political as he still tries to appease his masters so he can have that Senate seat. Gordon Cook has Scott Marcus' take on it here.
The 70/70 says that if cable is available to 70% of the households in an MSA and 70% pick cable, then the FCC can adopt rules as it sees fit. If only Congress had some English Professors who could help it tighten up all these ambiguous laws.