NEW REQUIREMENTS CONCERNING CHILDREN'S PROGRAMMING: A REMINDER OF BROADCASTERS' OBLIGATIONS
Certain new requirements relating to children's television programming adopted by the FCC in August, 1996 became effective on January 2, 1997. Specifically, the FCC promulgated several new regulations that are designed to provide better information to the public about the programs that broadcasters air to fulfill their obligation to present educational and informational programming under the Children's Television Act of 1990 (the "CTA").
Broadcasters are now required to:
- broadcast on-air identification of so-called "core" educational and informational programs at the beginning of such programming;
- provide publishers of program guides and listings with information identifying "core" programs, and the age group for which each such program is intended;
- designate a station liaison for children's programming and include the name and method of contacting that person in the station's Children's Programming Reports;
- provide a brief explanation in the station's Children's Programming Reports of how particular programs meet the definition of "core" programming, and separate these Reports from other reports in the public files;
- prepare Children's Programming Reports on a quarterly basis and, for an experimental three-year period, file such quarterly reports with the FCC on an annual basis; and
- publicize in an appropriate manner the existence and location of the Children's Programming Reports.
In connection with these new rules, the FCC also amended its definition of the type of "core" programming that satisfies a broadcaster's CTA obligations. To qualify as "core," programming must:
- have educating and informing children as a "significant purpose;"
- be aired between 7:00 a.m. and 10:00 p.m.;
- be scheduled to air at least once a week; and
- be at least 30 minutes in length.
The FCC has developed a new Form 398 (Children's Television Programming Report). The Report is intended to reflect efforts made by the licensee during the preceding quarter, as well as efforts planned for the next quarter, to serve the educational and informational needs of children.
Beginning on September 1, 1997, the "three hour rule" becomes effective. Specifically, broadcasters will receive FCC Mass Media Bureau staff-level approval of the CTA portion of their license renewal applications if they air at least three hours per week (averaged over a six-month period) of "core" programming, or a package of programming that demonstrates a level of commitment to educating and informing children that is "at least equivalent to airing three hours per week of 'core' programming." Broadcasters who cannot satisfy these standards will have their renewal applications referred to the FCC Commissioners for consideration, where they will have an opportunity to demonstrate compliance with the CTA, including through efforts other than "core" programming.
The FCC will begin to evaluate renewal applications under the new rules beginning on September 1.