Yeah, there have been people trying to pull satelite and cable under the same umbrella as broadcast TV and Radio for years now. Their downfall is the exact rules for decency they try to use to back their arguments.
The broadcast company owns the transmitter and the customer owns the radio or tv set. However, when radio was invented, it was decided that the airwaves belong to no one. That is still true today.
What seperates Cable and Satellite media is the equipment between the transmitter and the radio or TV. According to FCC regulations, the airwaves can be regulated, but cables and satelites (being privatly owned) fall under privacy laws. In other words, for the same reason phone sex can't be banned, sex over the cable and satellite can't be banned.