The first section says cable operators are allowed to ban indecent programs on leased channels, if they choose.
To make matters more complicated, the Washington court put a stay on the second half of the law - the part that mandates scrambling of the "indecent" programs, pending a ruling by the Supreme Court.
The House bill also raises the fines for indecent programs but includes no amendment on the media ownership rules.
Because each U.S. time zone enters safe harbor separately (at 10:00 p.m. local time), it is possible for network affiliates who air an "indecent" program at the same moment to not all face the same penalties.
Others said the Internet was more analogous to the public-access channels, and that the Court's refusal to permit operators to ban indecent programs from those channels meant the new law would face trouble at the Court.
Some want to hit Infinity with fines totaling $315,000 - by far the largest ever imposed for indecent programs.
Sponsored by Senator Jesse Helms, Republican of North Carolina, the amendment allows cable operators to ban "indecent" programs or requires them to scramble the signal electronically.
Two years later, the appeals court here rejected that approach, ordering the commission to provide a "safe harbor" for adults that would preserve their right to watch or listen to indecent programs.
Solicitor General Drew S. Days 3d told the Court that the law was the "least restrictive means" of accomplishing the goal of shielding children from indecent programs.