OLR Report 2012-R-0194 explains why cable subscribers generally cannot choose TV channels on an à la carte basis, e.g., choosing whether or not to subscribe to a particular sports network without also subscribing to other channels in a service tier or vice versa. (Much of the information in the report is taken from a Federal Communications Commission (FCC) website, and a report by the Congressional Research Service.)
The state does not have jurisdiction in this area. The FCC, which does have jurisdiction, has declined to require cable companies to offer their services on an à la carte basis. It has conducted two investigations of this option, producing conflicting findings as to whether this approach would save or cost subscribers money.
In practice, a cable TV company can select the channels and services that are available on its system. With the exception of channels that federal law requires to be carried on the basic tier, the cable company has broad discretion in choosing which channels will be available and how they are packaged and marketed to subscribers. The cable company negotiates the terms and conditions for carrying channels and other services on the cable system with their providers. Terms may include whether the channel or service will be offered in a package with other programming or on à la carte or pay-per-view basis. Some cable companies provide some channels on these basis or as part of “themed” tiers.
For more details, read the full report.
