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June 19, 2019 FCC FACT SHEET* Children's Television Programming

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June 19, 2019 FCC FACT SHEET* Children's Television Programming June 19, 2019 * FCC FACT SHEET Children’s Television Programming Rules; Modernization of Media Regulation Initiative Report and Order and Further Notice of Proposed Rulemaking – MB Docket Nos. 18-202 and 17-105 Background: Adopted to implement the Children’s Television Act of 1990, the FCC’s children’s programming rules require commercial and noncommercial broadcast television licensees to serve the educational and informational needs of children through both their overall programming and programming specifically designed to serve such needs (i.e., Core Programming). In 2018, as part of its Modernization of Media Regulation Initiative, the Commission adopted a Notice of Proposed Rulemaking proposing to revise the children’s television programming rules to modify outdated requirements and to give broadcasters greater flexibility in serving the educational and informational needs of children. The Commission noted the vast changes in how children watch video programming and the large increase in children’s educational and information programming available from non-broadcast sources. What the Report and Order Would Do: • Expand the 7:00 a.m. to 10:00 p.m. time frame during which Core Programming must be aired to allow broadcast stations to begin airing Core Programming one hour earlier, at 6:00 a.m. • Require that a majority of Core Programming be regularly scheduled weekly programming but permit broadcast stations to air a limited amount of programming that is not regularly scheduled weekly programming, such as educational specials, and have it count as Core Programming. • Require that a majority of Core Programming be at least 30 minutes in length but permit broadcast stations to air a limited amount of short-form programming, including public service announcements (PSAs) and interstitials, and have it count as Core Programming. • Modify the safe harbor processing guidelines for determining compliance with the children’s programming rules, while retaining the obligation to air 156 hours of Core Programming per year • Require broadcast stations that multicast to air the substantial majority of their Core Programming on their primary program streams but permit such stations to air up to 13 hours per quarter of regularly scheduled weekly programming on a multicast stream. • Eliminate the requirement that noncommercial broadcast stations identify their Core Programming by displaying the “E/I” symbol throughout the program. • Streamline reporting and recordkeeping requirements. What the FNPRM Would Do: • Seek additional comment on the creation of a framework under which broadcasters could satisfy their children’s programming obligations by relying, in part, on special efforts to produce or support Core Programming aired on other stations in their markets. * This document is being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in MB Docket No. 18-202, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs/). Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC-CIRC1907-06 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Children’s Television Programming Rules ) MB Docket No. 18-202 ) Modernization of Media Regulation Initiative ) MB Docket No. 17-105 REPORT AND ORDER AND FURTHER NOTICE OF PROPOSED RULEMAKING∗ Adopted: [] Released: [] Comment Date: (30 days after date of publication in the Federal Register) Reply Comment Date: (60 days after date of publication in the Federal Register) By the Commission: TABLE OF CONTENTS Heading Paragraph # I. INTRODUCTION .................................................................................................................................. 1 II. BACKGROUND .................................................................................................................................... 3 III. DISCUSSION ...................................................................................................................................... 10 A. Statutory Authority ........................................................................................................................ 10 B. The Current State of the Marketplace for Children’s Programming .............................................. 11 C. Core Programming ......................................................................................................................... 21 1. Core Programming Hours ....................................................................................................... 22 2. Regularly Scheduled Weekly Programming Requirement ...................................................... 24 3. Requirement that Core Programming Be At Least 30 Minutes in Length .............................. 29 D. Processing Guidelines .................................................................................................................... 35 E. Airing of Core Programming ......................................................................................................... 44 1. Requirement to Air Core Programming on Primary Stream ................................................... 44 2. Elimination of Processing Guideline Applicable to Multicast Streams .................................. 47 3. MVPD Comparable Carriage Requirement ............................................................................. 49 F. Preemptions ................................................................................................................................... 50 G. Public Information and Reporting Requirements .......................................................................... 55 1. On-Air Notification Requirement............................................................................................ 55 ∗ This document has been circulated for tentative consideration by the Commission at its July 2019 open meeting. The issues referenced in this document and the Commission’s ultimate resolutions of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Chairman has determined that, in the interest of promoting the public’s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The Commission’s ex parte rules apply and presentations are subject to “permit-but-disclose” ex parte rules. See, e.g., 47 CFR §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR §§ 1.1200(a), 1.1203. Federal Communications Commission FCC-CIRC1907-06 2. Program Guides ....................................................................................................................... 58 3. Reporting Requirements .......................................................................................................... 59 4. Recordkeeping Requirements for Commercial Limits ............................................................ 69 H. Effective Date of Revised Children’s Programming Rules ........................................................... 72 IV. FURTHER NOTICE OF PROPOSED RULEMAKING ..................................................................... 74 A. Introduction .................................................................................................................................... 74 B. Discussion ...................................................................................................................................... 75 V. PROCEDURAL MATTERS ................................................................................................................ 83 VI. ORDERING CLAUSES ....................................................................................................................... 92 APPENDIX A – Final Rules APPENDIX B – Final Regulatory Flexibility Act Analysis APPENDIX C – Initial Regulatory Flexibility Act Analysis I. INTRODUCTION 1. In this Report and Order and Further Notice of Proposed Rulemaking, we take steps to modernize the children’s television programming rules and give broadcasters greater flexibility in serving the educational and informational needs of children. The media landscape has changed dramatically since the Commission first adopted children’s television programming rules in 1991. Today, children have an abundance of educational and informational programming options available from both broadcast stations and non-broadcast sources, including children’s cable networks and online video providers. In addition, our record shows that there has been a major shift in the way young viewers access video programming. Live viewing of broadcast television among children has declined sharply, as children’s viewing of video content on other media platforms and time-shifted viewing have risen.1 At the same time, we recognize
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