Kid

Kids Television Act CTA

Last Updated Oct 6, 2008 05:01 AM

1. In this Order, we take action to strengthen our enforcement of the kids's Television Act of 1990 ("CTA"),(1) which requires the Commission, in its review of each television broadcast license renewal application, to "consider the extent to which the licensee . . . has served the educational and informational needs of kids through the licensee's overall programming, including programming specifically designed to serve such needs."

(2) In enacting the CTA, Congress found that television has the power to teach kids -- that "television can assist kids to learn important information, skills, values, and behavior, while entertaining them and exciting their curiosity to learn about the world around them."

(3) Congress also found, however, that there are significant market disincentives for commercial broadcasters to air kids's educational and informational programming.

(4) The rules we adopt today are intended to counteract these market disincentives and to ensure that broadcasters fulfill the promise of the kids's Television Act to our nation's kids. We alter our regulations to provide greater clarity about broadcasters' obligation under the CTA to air programming "specifically designed" to serve the educational and informational needs of kids and to improve public access to information about the availability of these programs.

2. As explained in greater detail below, we conclude that our initial regulations implementing the CTA have not been fully effective in prompting broadcasters "to increase the amount of educational and informational broadcast television programming available to kids."(5) Our review of the record in this proceeding reveals several problems. First, because of their imprecision in defining the scope of a broadcaster's obligation under the kids's Television Act, our rules have led to a variation in the level and nature of broadcasters' compliance efforts that is incompatible with the intent of the CTA. In so doing, our rules fail to adequately counterbalance the marketplace disincentives as Congress intended when it enacted the CTA. Indeed, some broadcasters are carrying very little regularly scheduled standard length programming specifically designed to educate and inform kids. Second, some broadcasters are claiming to have satisfied their statutory obligations with shows that, by any reasonable benchmark, cannot be said to be "specifically designed" to educate and inform kids within the meaning of the CTA. Third, parents and others frequently lack timely access to information about the availability of programming in their communities specifically designed to educate and inform kids, exacerbating market disincentives. Therefore, as proposed in the Notice of Proposed Rule Making ("NPRM") we released in April 1995,(6) we refine our policies and rules implementing the CTA to remedy these problems.(7)

3. First, we adopt a number of proposals designed to provide better information to the public about the shows broadcasters air to fulfill their obligation to air educational and informational programming under the CTA. Such information will assist parents who wish to guide their kids's television viewing and, if large numbers of parents use that information to choose educational programming for their kids, increase the likelihood that the market will respond with more educational programming. In addition, better information should help parents and others have an effective dialogue with broadcasters in their community about kids's programming and, where appropriate, to urge programming improvements without resorting to government intervention.

4. Second, we adopt a definition of programming "specifically designed" to educate and inform kids (or "core" programming) that provides better guidance to broadcasters concerning programming that fulfills their statutory obligation to air such programming. In order to qualify as core programming, a show must have serving the educational and informational needs of kids as a significant purpose. The Commission will ordinarily rely on the good faith judgments of broadcasters as to whether programming satisfies this test and will evaluate compliance of individual programs with this definition only as a last resort. Our new definition of core programming includes other objective elements. A core program must be a regularly scheduled, weekly program of at least 30 minutes, and aired between 7:00 a.m. and 10:00 p.m. The program must also be identified as educational and informational for kids when it is aired and must be listed in the kids's programming report placed in the broadcaster's public inspection file.

5. Third, we adopt a processing guideline that will provide certainty for broadcasters about how to comply with the CTA and facilitate our processing efforts. As described more fully below, under this guideline, broadcasters will receive staff-level approval of the CTA portion of their renewal applications if they air three hours per week of core programming or if, while providing somewhat less than three hours per week of core programming, they air a package of programming that demonstrates a level of commitment to educating and informing kids that is at least equivalent to airing three hours per week of core programming. Broadcasters that do not meet this guideline will be referred to the full Commission for consideration, where they will have a full opportunity to demonstrate compliance with the CTA, including through efforts other than "core" programming and through nonbroadcast efforts.(8)

6. By publishing our guideline for processing television renewal applications, and by identifying in advance those broadcasters who clearly are in compliance with the CTA and those who may not be in compliance, a processing guideline will help ensure that broadcasters who wish to provide an ample amount of kids's educational programming will not find themselves at an unfair disadvantage in the market relative to competing broadcasters who do not, and will not find themselves facing competitive pressure to forgo airing educational programs. A processing guideline will also facilitate speedy and consistent application processing by Commission staff. In short, a processing guideline is a clear, fair and efficient way to implement the kids's Television Act.

7. With regard to the constitutional arguments that have been raised in this proceeding, we conclude, as Congress did when it enacted the CTA, that requiring broadcasters to serve the educational and informational needs of their child audience is clearly within the scope of the long recognized obligation of broadcasters to serve the public interest. We further conclude that the regulations we adopt today directly advance the government's substantial, and indeed compelling, interest in educating America's kids. At the same time, the regulations are appropriately tailored to provide flexibility for broadcasters.

8. Congress has enlisted the creativity of broadcasters to advance the nation's powerful interest in educating its youth. As Congress stated, "[i]t is difficult to think of an interest more substantial than the promotion of the welfare of kids who watch so much television and rely upon it for so much of the information they receive."(9) We believe that this Report and Order advances that interest.

See also Kid 613 1 - 11