DOCUMENT RESUME ED 303 136 IR 013 589 TITLE Commercialization of Children's Television. Hearings on H.R. 3288, H.R. 3966, and H.R. 4125: Bills To Require the FCC To Reinstate Restrictions on Advertising during Children's Television, To Enforce the Obligation of Broadcasters To Meet the Educational Needs of the Child Audience, and for Other Purposes, before the Subcommittee on Telecommunications and Finance of the Committee on Energy and Commerce, House of Representatives, One Hundredth Congress (September 15, 1987 and March 17, 1988). INSTITUTION Congress of the U.S., Washington, DC. House Committee on Energy and Commerce. PUB DATE 88 NOTE 354p.; Serial No. 100-93. Portions contain small print. AVAILABLE FROM Superintendent of Documents, Congressional Sales Office, U.S. Government Printing Office, Washington, DC 20402. PUB TYPE Legal/Legislative/Regulatory Materials (090) -- Viewpoints (120) -- Reports - Evaluative/Feasibility (142) EDRS PRICE MFO1 /PC15 Plus Postage. DESCRIPTORS *Advertising; *Childrens Television; *Commercial Television; *Federal Legislation; Hearings; Policy Formation; *Programing (Broadcast); *Television Commercials; Television Research; Toys IDENTIFIERS Congress 100th; Federal Communications Commission ABSTRACT This report provides transcripts of two hearings held 6 months apart before a subcommittee of the House of Representatives on three bills which would require the Federal Communications Commission to reinstate restrictions on advertising on children's television programs. The texts of the bills under consideration, H.R. 3288, H.R. 3966, and H.R. 4125 are also provided. Testimony and statements were presented by:(1) Representative Terry L. Bruce of Illinois; (2) Peggy Charren, Action for Children's Television; (3) Robert Chase, National Education Association; (4) John Claster, Claster Television; (5) William Dietz, Tufts New England Medical Center; (6) Wallace Jorgenson, National Association of Broadcasters; (7) Dale L. Kunkel, American Psychological Association; (8) Geraldine B. Laybourne, Nickelodeon; (9) Gerald S. Lesser, Harvard University; (10) Preston R. Padden, Association of Independent Television Stations; (11) Shaun Sheehan, Tribune Broadcasting Co.; (12) Jerome Singer, Yale University; (13) Ellen Wartella, University of Illinois; (14) John Weems, Mattel, Inc.; and (15) Gilbert H. Weil, Association of National Advertisers. Material submitted by the following organizations is also included in the record: American Psychological Association; Association of Advertising Agencies; National Consumers League; National Parent and Teachers Association; and the New York City Department of Consumer Affairs. (EW) AVAILABLt BESTCOPY COMMERCIALIZATION OF CHILDREN'S TELEVISION U.S. DEPARTMENT OF EDUCATION Office of EducationalResearch and improvement EDUCATIONAL. RESOURCES INFORMATION CENTER (ERIC) This document has beenreproducedas received from the pen or organizatiOn originating it C Minor changes have been made to improve HEARINGS reproduction quality Points of view or opinionSStatedin this docu BEFORE THE ment do not necessarily represent Moat OERI posthon or ocMcY SUBCOMMITTEE ON TELECOMMUNICATIONS AND FINANCE OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDREDTH CONGRESS ON H.R. 3288, H.R. 3966, AND H.R. 4125 BILIS TO REQUIRE THE FCC TO REINSTATE RESTRICTIONS ON ADVER- TISING DURING CHILDREN'S TELEVISION, TO ENFORCE THE OBLIGA- TION OF BROADCASTERS TO MEET THE EDUCATIONAL NEEDS OF THE CHILD AUDIENCE, AND FOR OTHER PURPOSES SEPTEMBER 15, 1987, AND MARCH 17, 1988 Serial No. 100-93 Printed for the use of the Committee on Energy and Commerce U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 1988 For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 2 COMMITTEE ON ENERGY AND COMMERCE JOHN D. DINGELL, Michigan, Chairman JAMES H. SCHEUER, New York NORMAN F. LENT, New York HENRY A. W4XMAN, California EDWARD R. MADIGAN, Illinois PHILIP R. SHARP, Indiana CARLOS J. MOORHEAD, California JAMES J. FLORIO, New Jersey MATTHEW J. RINALDO, New Jersey EDWARD J. MARKEY, Massachusetts WILLIAM E. DANNEMEYER, California THOMAS A. LUKEN, Ohio BOB WHITTAKER, Kansas DOUG WALGREN, Pennsylvania THOMAS J. TAUKE, Iowa AL SWIFT, Washington DON RITTER, Pennsylvania MICKEY LELAND, Texas DAN COATS, Indiana CARDISS COLLINS, Illinois THOMAS J. BLILEY, JR., Virginia MIKE SYNAR, Oklahoma JACK FIELDS, Texas W.J. "BILLY" TAUZIN, Louisiana MICHAEL G. OXLEY, Ohio RON WYDEN, Oregon HOWARD C. NIELSON, Utah RALPH M. HALL, Texas MICHAEL BILIRAKIS, Florida DENNIS E. ECKART, Ohio DAN SCHAEFER, Colorado WAYNE DOWDY, Mississippi JOE BARTON, Tezas BILL RICHARDSON, New Mexico SONNY CALLAHAN, Alabama JIM SLATTERY, Kansas GERRY SIKORSKI, Minnesota JOHN BRYANT, Texas JIM BATES, California RICK BOUCHER, Virginia JIM COOPER, Tennessee TERRY L. BRUCE, Illinois WM. MICHAEL KITZMILLER, Staff Director PAUL C. SMITH, Minority Chief Counsel /Staff Director SUBCOMMITTEE ON TELECOMMUNICATIONS AND FINANCE EDWARD J. MARKEY, Massachusetts, Chairman AL SWIFT, Washington MATTHEW J. RINALDO, New Jersey MICKEY LELAND, Texas CARLOS J. MOORHEAD, California CARDISS COLLINS, Illinois THOMAS J. TAUKE, Iowa MIKE SYNAR, Oklahoma DON RITTER, Pennsylvania W.J. "BILLY" TAUZIN, Louisiana DAN COATS, Indiana WAYNE DOWDY, Mississippi THOMAS J. BLILEY, JR., Virginia JIM SLATTERY, Kansas JACK FIELDS, Texas JOHN BRYANT, Texas MICHAEL G. OXLEY, Ohio RALPH M. HALL, Texas HOWARD C. NIELSON, Utah DENNIS E. ECKART, Ohio NORMAN F. LENT, New York BILL RICHARDSON, New Mexico (Ex Officio) RICK BOUCHER, Virginia JIM COOPER, Tennessee JOHN D. DINGELL, Michigan (Ex Officio) LAWRENCE SIDMAN, Chief Counsel/Staff Director LARRY IRVING, Counsel ELIZABETH SADOVE, Policy Analyst TERRY HAINES, Minority Counsel 0g 4 CONTENTS Page Hearings held on: September 15, 1987 1 March 17, 1988 137 Text of: H.R. 3288 139 H.R. 3966 143 H.R. 4125 151 Testimony of: Bruce, Hon. Terry L., a Representative in Congress from the State of Illinois 86 Chan-en, Peggy, president, Action for Children's Television 4, 178 Chase, Robert, executive committee member, National Education Associa- tion 303 Claster, John, president, Claster Television, Inc 167 Dietz, William, fellow, American Academy of Pediatrics, Tufts New Eng- land Medical Center 91 Jorgenson, Wallace, chairman, National Association of Broadcasters 268 Kunkel, Dale L., professor of communications, University of California, on behalf of the American Psychological Association 92 Laybourne, Geraldine B., executive vice president, Nickelodeon 266 Lesser, Gerald S., Bigelow Professor of Education and Psychology, Har- vard University 118 Padden, Preston R., president, Association c Independent Television Sta- tions, Inc 25 Sheehan, Shaun, vice president, Tribune Broadcasting Co 219 Singer, Jerome, department of psychology, Yale University 89 Wartella, Ellen, research associate professor, Institute of Communications Research, University of Illinois 187 Weems, John, vice pmsident, Mattel, Inc 60 Weil, Gilbert H., general counsel, Association of National Advertisers, Inc 231 Material submitted for the record by: American Psychological Association: Letter to Chairman Markey, March 18, 1988 320 Statement of Bruce Watkins 322 Association of Advertising Agencies, Inc.: Comments before the Federal Communications Commission 343 National Consumers League: Letter from Linda F. Golodner, executive director, November 12, 1987 136 National PTA: Statement submitted by Millie Waterman, vice president 131 New York City Department of Consumer Affairs, statement 340 COMMERCIALIZATION OF CHILDREN'S TELEVISION 1 TUESDAY, SEPTEMBER 15, 1987 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON TELECOMMUNICATIONS AND FINANCE, Washington, DC. The subcommittee met, pursuant to notice, at 9:30 a.m., in room 2123, Rayburn House Office Building, Hon. Edward J. Markey (chairman) presiding. Mr. MARKEY. Good morning. For decades, the broadcasting industry, the Federal Communica- tions Commission, concerned parents, educators and psychologiststa have recognized that children are a special audience and that in developing programming for children there is a special responsibil- ity. In 1974, the Federal Communications Commission stated that Be- cause of their immaturity and their special needs, children require programming designed specially for them. Accordingly, we expect television broadcasters, as trustees of a valuable public resource, to develop and present programs which will serve the unique needs of the child audience. Also in 1974, after exhaustive hearings and voluminous filings by interested parties, the FCC adopted commercial guidelines for chil- dren's television. Those guidelines, which grew out of voluntary guidelines established by the broadcasting industry, limited the amount of commercial matter that could be aired during children's programming and banned other abuses that could serve to commer- cially exploit children. For nearly a decade, the FCC monitored broadcaster performance under these guidelines. Then, in 1984, the Fowler Commission, in its headlong rush to deregulate the broadcast industry, repealed all commercial guidelines, including those for children's television. The Commission virtually abandoned its responsibilities to monitor the television industry as it relates to children. And worse, in contrast to the thoughtful and cautious proceed- ings that preceded the Commission's adoption of the commercial guidelines, the Commission's repeal of the guidelines