Wow, this is good news. We reported last month that Saul Levine filed a Petition for Rulemaking to amend Part 25 of the FCC?s pending satellite radio rules to include an indecency provision.

Well guess what?

The FCC has denied Saul Levine?s petition to make satellite-radio broadcasters subject to the same indecency regulations that govern terrestrial broadcasters. The Commission said the key difference is both XM and Sirius are providing subscription services and that there is no ?indiscriminate access? to their services by children.

The FCC said ?subscription-based services do not call into play the issue of indecency,? and that the Commission ?does not impose regulations regarding indecency on services lacking the indiscriminate access to children that characterizes broadcasting.?

At least Mr. Powell got that one right.