FCC = "Federal Communications Commission," and cable/satellite is still "communications," just as over the air radio/TV is. If ya wanna buy that kinda stuff, get it on DVD.
I get what you're saying, but if you're on cable/satellite, you are buying it. It may not be right, but you ultimately made the choice to have that content in your home buy purchasing service. That's why they can broadcast whatever they want. So long as it's not broadcast over the air, like radio, FCC has no real jurisdiction.