Kid

Congress to pass the kids Television Act CTA

Last Updated Aug 20, 2008 07:35 PM

47. We conclude that the market inadequacies that led Congress to pass the kids's Television Act can be addressed, in part, by enhancing parents' knowledge of kids's educational programming.(113) One way to encourage licensees to provide such programming is to encourage and enable the public, especially parents, to interact with broadcasters.(114) Easy public access to information permits the Commission to rely more on marketplace forces to achieve the goals of the CTA and facilitates enforcement of the statute by allowing parents, educators, and others to actively monitor a station's performance. As CBS "wholeheartedly" agrees, "judgments of the quality of a licensee's programming, educational or otherwise, are best made by the audience, not the federal government."(115) Thus, our rules should facilitate easy access to information regarding kids's educational programming in their community.

48. Commercial television is advertiser supported. As we discuss above, advertisers pay according to audience size, and broadcasters have disincentives to air programs that attract small audiences. Parents can increase the audience of an educational program by encouraging their kids to watch the show, but can only do so if they know in advance when the show will air and that the show is educational. Increasing the audience size for educational programs increases the incentive of broadcasters to air, and producers to supply, more such programs. Access to information can also facilitate viewer campaigns and other community-based efforts to influence stations to air more and better educational programming. In light of the evidence that parents use programming information to select programs for their kids to watch,(116) we concluded in the NPRM that the lack of educational programming the CTA was designed to address may be attributable in part to insufficient programming information.(117)

In the NPRM we identified several places where information about educational programs could be provided: on-air identifications; program guides and listings; and the station's kids's programming reports in its public file.(118)

49. In considering the options to improve the information available regarding educational programming, we seek to maximize the access to such information by the public while minimizing the cost to the licensee. In response to the comments to the NPRM, we have focused on three basic methods to improve the public's access to information: commercial broadcasters should identify core programming at the time those programs are aired in a form that is at the sole discretion of the licensee; they should identify such programs to publishers of program guides; and, as detailed below, they should provide improved access to information to the public through standardized reporting and other means.(119) We note that disclosure requirements of the sort we adopt today promote First Amendment interests by increasing the flow of information to the public.(120)

On-Air Identification

50. Comments. Public interest groups generally supported identifying "core" programs on the air.(121) For example, the Center for Media Education ("CME et al."), filing jointly with 19 other parties including the American Academy of Pediatrics ("AAP"), the American Psychological Association ("APA"), the American Psychiatric Association, the National Education Foundation, and the National Parent Teacher Association, favored the use of an icon aired at the beginning of the program.(122) The kids's Defense Fund and Black Community Crusade for kids ("CDF and BCCC"), filing jointly, suggested using both an on-air announcement and an icon visible throughout the program and during pre-advertisements.(123) Among broadcasters, ALTV and the National Association of Black Owned Broadcasters ("NABOB") supported requiring on-air identification of core programming.(124)

Other broadcast commenters agreed with the goal of improving the information flow to the public, but argued the use of an on-air icon or announcement would be counterproductive by deterring rather than attracting child viewers.(125) This view was echoed by kids's programming producer CTW, who reasoned that on-air identifiers could taint educational programs.(126) Warner Brothers noted that parents would often miss an announcement or icon aired only briefly at the beginning of a program.(127) Finally, Cosmos et al. argued that the Commission lacks jurisdiction or statutory authority over the methods that stations choose to promote programming, such as on-air identification.(128)

51. NAB filed initial comments opposing the use of an on-air icon or announcement and disputing the Commission's jurisdiction to impose such requirements.(129) In supplemental comments, however, NAB supported the adoption of rules to require broadcasters to "identify core programs at the beginning of the program, in a form that is at the sole discretion of the licensee."(130)

52. Discussion. We believe the on-air identification of core programs would greatly assist parents in planning their kids's viewing and improve the kids's programming marketplace at minimal cost to stations. Accordingly, we will require broadcasters to provide on-air identification of core programs, in a manner and form that is at the sole discretion of the licensee, at the beginning of the program. Just as we require stations to provide on air station identification and sponsor identification,(131) we believe the public would be served by requiring broadcasters to identify programs specifically designed to educate and inform kids on the air. On-air identifiers are likely to reach a larger audience than information printed in programs guides.(132) Moreover, we note that there is no certainty that published guides will include such information. Identifiers will improve broadcaster accountability by publicizing the programs licensees identify as contributing to their obligation to air core programming.(133)

An on-air identification requirement will make broadcasters more accountable to the public and further the goal of minimizing the possibility that the Commission would be forced to decide whether particular programs serve the educational and informational needs of kids.

53. Some commenters speculated that on-air identifiers could deter kids from watching educational programs.(134) No commenter, however, presented evidence that such an effect will occur. We will revisit our decision to require on-air identification if, after some experience, parties present us with evidence that they in fact have a deterrent effect. In the meantime, broadcasters will have full discretion to design their identifiers to minimize or avoid any such effect.

54. We disagree with the argument of Cosmos et al. that the FCC lacks the statutory authority to require broadcasters to provide on-air identification of core programs. The Commission has adequate statutory authority under the CTA and under the Communications Act to require broadcasters to provide information about their core programming to the public. The CTA seeks to increase the amount of educational and informational programming available to kids. Requiring broadcasters to provide information concerning educational and informational programming will improve the kids's television marketplace, thereby effectuating the goal of the CTA. In addition to our authority under the CTA, we have broad authority under the Communications Act of 1934 to regulate all communications services that use radio waves, including the authority to establish the licensing procedures for broadcast stations.

Section 303(r) of the Act provides that we have authority to "[m]ake such rules and regulations and prescribe such restrictions and conditions, not inconsistent with law, as may be necessary to carry out the provisions of th[e] Act." Providing such information will aid parents and kids in selecting programs and help hold broadcasters accountable for compliance with the CTA, thus aiding us in our mandatory review of such compliance during the renewal process. Indeed, our entire licensing scheme is premised on providing adequate information to the public to enable the public to exercise its statutory right to participate in our renewal proceedings. Providing on-air announcements about core programming will improve the functioning of the kids's television market and make broadcasters more accountable to parents and other interested community members. Section 303(r) provides ample authority for the on-air identifier requirement because requiring on-air identifiers will help us make the Sections 309(a) and (k) determination that grant of a renewal application is in the public interest.

See also Kid 618 1 - 12