```

[Federal Register Volume 65, Number 87 (Thursday, May 4, 2000)]
[Proposed Rules]
[Pages 25895-25899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11098]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[MM Docket No. 00-44; FCC 00-93]

Extension of the Filing Requirement for Children's Television 
Programming Reports (FCC Form 398)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The document proposes to amend the FCC's rules to continue 
indefinitely the requirement that commercial broadcast television 
licensees file with the Commission, on an annual basis, their quarterly 
Children's Television Programming Reports (FCC Form 398). The 
Commission's rules currently state that such reports shall be filed on 
an annual basis for an experimental period of three years, from January 
1998 through January 2000. Continuation of the annual filing 
requirement will permit the Commission to continue to enforce the 
Children's Television Act of 1990 (``CTA''), and its rules implementing 
the CTA, by monitoring the amount and quality of educational television 
programming for children and industry compliance with the FCC's 
children's educational programming requirements.

DATES: Comments are due on or before June 12, 2000; reply comments are 
due on or before July 12, 2000.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW, Room 
TW-A306, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy and Rules 
Division, Mass Media Bureau, (202) 418-2154.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking (``NPRM''), MM 00-44; FCC 00-93, adopted March 
9, 2000; released April 6, 2000. The full

[[Page 25896]]

text of the Commission's NPRM is available for inspection and copying 
during normal business hours in the FCC Dockets Branch (Room TW-A306), 
445 12 St. SW, Washington, DC. The complete text of this NPRM may also 
be purchased from the Commission's copy contractor, International 
Transcription Services (202) 857-3800, 1231 20th St., NW, Washington, 
DC 20036.

Synopsis of Notice of Proposed Rulemaking

I. Introduction

    1. This NPRM proposes to amend Sec. 73.3526(e)(11)(iii) of the 
Commission's rules to continue indefinitely the requirement that 
commercial broadcast television licensees file with the Commission, on 
an annual basis, their quarterly Children's Television Programming 
Reports (FCC Form 398). The Commission's rules currently state that 
such reports shall be filed on an annual basis for an experimental 
period of three years, from January 1998 through January 2000. 
Continuation of the annual filing requirement will permit the 
Commission to continue to enforce the Children's Television Act of 1990 
(``CTA''), and its rules implementing the CTA, by monitoring the amount 
and quality of educational television programming for children and 
industry compliance with the Commission's children's educational 
programming requirements.

II. Background

    2. The CTA 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 children through the licensee's overall 
programming, including programming specifically designed to serve such 
needs.'' In enacting the CTA, Congress found that, while television can 
benefit society by helping to educate and inform children, there are 
significant market disincentives for commercial broadcasters to air 
children's educational and informational programming. The objective of 
Congress in enacting the CTA was to increase the amount of educational 
and informational programming available on television. The CTA 
accomplished that objective by placing on every television licensee an 
obligation to provide such programming, including programming 
specifically designed to educate and inform children, and by requiring 
the FCC to enforce that obligation.
    3. The Commission's initial rules implementing the CTA, adopted in 
1991, included a very flexible definition of educational programming 
and did not establish quantitative guidelines regarding the amount of 
educational programming licensees were required to provide. In 
addition, these initial rules did not include measures designed to 
inform the public about educational programming. Within a few years 
after these initial rules took effect, questions began to be raised 
regarding the effectiveness of the new rules, and in particular about 
the content of the programs stations claimed were educational.
    4. In August 1996, the Commission adopted its current educational 
programming rules to strengthen its enforcement of the CTA (61 FR 
43981, August 27, 1996). The Commission's rules include several 
measures to improve public access to information about the availability 
of programming ``specifically designed'' to serve children's 
educational and informational needs (otherwise known as ``core'' 
programming). These measures include a requirement that licensees 
identify core programming at the time it is aired and in information 
provided to publishers of television program guides. Licensees are also 
required to designate a children's liaison at the station responsible 
for collecting comments on the station's compliance with the CTA. In 
addition, the rules also establish a definition of ``core'' programming 
as well as a three-hour per week processing guideline pursuant to which 
broadcasters airing at least three hours per week of programming that 
meets the definition of ``core'' will receive staff-level approval of 
their license renewal applications.
    5. One of the most important public information measures adopted by 
the Commission in 1996 is the requirement that licensees complete a 
Children's Television Programming Report (FCC Form 398) each calendar 
quarter. Among other things, these Reports identify the educational and 
informational programs aired by the licensee over the previous quarter 
and the days and times these programs were regularly scheduled, the age 
of the target child audience for each program, and the average number 
of hours per week of core programming broadcast over the past quarter. 
Licensees must include in the Reports an explanation of how each core 
program meets the definition of ``core'' programming adopted by the 
Commission. Stations must also identify in their Reports the core 
programs the station plans to air during the next calendar quarter.
    6. The Reports are prepared on a quarterly basis and must be placed 
in the station's public inspection file. Stations are required to 
publicize the existence and location of the reports. In addition, as 
noted above, the rules currently provide that, ``for an experimental 
period of three years'' these Reports must be filed with the Commission 
on an annual basis (four quarterly reports filed jointly once a year) 
on the following dates: January 10, 1998, January 10, 1999, and January 
10, 2000. The Reports must be filed with the Commission electronically, 
and the Commission posts the Reports on the FCC's Internet home page 
where they can be readily accessed by the public. The address for the 
Commission's home page is: http://www.fcc.gov. The Commission also 
encourages broadcasters to make these Reports available on their own 
websites.

III. Discussion

    7. The public information initiatives adopted in 1996 are an 
integral part of the children's programming rules. These measures are 
designed to ensure that the public, and especially parents, has access 
to information regarding the educational programming being aired by 
broadcasters so that parents and others can help achieve the goal of 
the CTA to increase the amount of educational programming available on 
television. In adopting the public information initiatives as part of 
its revised educational programming rules, the Commission explained 
their purpose as follows:
    8. We conclude that the market inadequacies that led Congress to 
pass the Children's Television Act can be addressed, in part, by 
enhancing parents' knowledge of children's educational programming. One 
way to encourage licensees to provide such programming is to encourage 
and enable the public, especially parents, to interact with 
broadcasters. 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.'' Thus, our rules should facilitate easy 
access to information regarding children's educational programming in 
the community.
    9. Facilitating public access to the information contained in the 
Children's Television Programming Reports helps

[[Page 25897]]

the marketplace to achieve the goals of the CTA in a number of ways. 
Parents who have access to information about educational programming, 
such as the titles of the programs, the times they are regularly 
scheduled to air, and the age for which the programs are intended, can 
select such programming for their children to watch, thereby increasing 
the audience for such programs and the incentive of broadcasters to 
air, and producers to supply, more such programs. Better information 
also helps parents in working with broadcasters in their local 
communities to improve children's educational programming without 
government intervention. The information contained in the Reports can 
be used by parents, educators, and others interested in educational 
programming to monitor a station's performance in complying with the 
CTA and the Commission's rules. The Commission encourages parents and 
others to communicate directly with stations and program producers 
regarding the shows stations claim meet the FCC's definition of 
``core'' programming. In this way, the public can play an active role 
in helping to enforce children's programming requirements. Finally, 
requiring broadcasters to identify programming they rely upon to meet 
their obligation to air educational programming makes broadcasters more 
accountable to the public. Improving broadcaster accountability 
minimizes the need for government involvement to enforce the CTA and 
helps to ensure that broadcasters, with input from the public, rather 
than the Commission determine which television programs serve 
children's educational needs.
    10. The requirement that broadcasters file their Children's 
Television Programming Reports with the Commission was initially 
adopted, on an experimental basis, for a period of three years. To 
date, Reports have been filed for two successive years, January 10, 
1998 and January 10, 1999. Under the current rules, the filing 
requirement expires after Reports for 1999 are filed January 10, 2000. 
We believe that the requirement that broadcasters file these Reports 
with the FCC should be continued. Therefore, we propose to retain the 
filing requirement indefinitely, and request comment on this proposal.
    11. Anecdotal evidence suggests that organizations devoted to 
informing parents and community members about children's programming 
use the reports as a primary data source. For example, the Center for 
Research on the Influences of Television on Children at the University 
of Texas reviews local broadcasters' reports as part of an annual 
evaluation of children's programming in the Austin, Texas market. The 
Center for Media Education uses the reports to develop tools for 
parents. Other organizations, including the National Institute on Media 
and the Family and the Annenberg Public Policy Center at the University 
of Pennsylvania, use the reports to track national trends in children's 
television programming. The filing requirement is an important part of 
the emphasis placed by the rules on improving the flow of information 
to the public about educational programming. Filing permits the 
Commission to place the Reports on its website, making this information 
easily accessible in one central location. Members of the public can 
view Reports from a number of stations easily, and compare results, 
without having to contact each station individually. Continuation of 
the filing requirement is also important to ensure that the Commission 
itself has access to information regarding licensee compliance with the 
children's programming rules. Without the annual filing requirement, 
licensees would be required to report on their station's children's 
programming only once every eight years, at the end of the license 
term. Extension of the license term to eight years necessarily places a 
heavier emphasis on facilitating public monitoring of licensee 
compliance with the rules, to assist the FCC in its enforcement role. 
Among other things, the Commission has relied upon information in the 
Reports to evaluate industry practices in connection with preemption of 
children's programming. A review of the Children's Television 
Programming Reports filed with the Commission for 1998 indicates that, 
of the 4,964 quarterly reports filed, 63 reported less than 3 hours of 
core children's educational and informational programming, 2,116 
reported exactly 3 hours of core programming, and 1,832 reported 4 or 
more hours of core programming. In adopting the children's programming 
rules, the Commission stated it would monitor the broadcast industry's 
children's educational programming performance for three years based 
upon the Children's Television Programming Reports filed with the 
Commission, and would review the reports at the end of the three-year 
period and take appropriate action as necessary to ensure that stations 
are complying with the rules and guidelines. The Commission will 
commence that review after January 10, 2000, the filing due date for 
the last Children's Television Programming Reports of the three-year 
period.
    12. We also request comment on whether our rules should be revised 
to require that Reports be filed quarterly, at the time they are 
prepared, rather than once a year. As broadcasters must prepare the 
Reports quarterly, requiring Reports to be filed on a quarterly basis 
is unlikely to impose a significant additional burden on licensees, 
especially now that Reports are required to be filed electronically and 
transmission to the Commission should require only a few additional 
keystrokes. Finally, we ask commenters to address whether any changes 
should be made to FCC Form 398 to make the Reports more informative or 
easier to prepare. For example, are there revisions to Form 398 that 
would make it easier for the reader to determine the number of times 
core programs are preempted and to obtain information about the 
rescheduling of any preempted episodes?

IV. Administrative Matters

    13. Comments and Reply Comments. Pursuant to 47 CFR 1.415 and 1.419 
of the Commission's rules, interested parties may file comments on or 
before June 12, 2000 and reply comments on or before July 12, 2000. 
Comments may be filed using the Commission's Electronic Filing System 
(ECFS) or by filing paper copies. See Electronic Filing of Documents in 
Rulemaking Proceedings (63 FR 24121, May 1, 1998).
    14. Comments filed through the ECFS can be sent as an electronic 
file via the Internet to http://www.fcc.gov/e-file/ecfs.html>. 
Generally, only one copy of an electronic submission must be filed. If 
multiple docket or rulemaking numbers appear in the caption of this 
proceeding, however, commenters must transmit one electronic copy of 
the comments to each docket or rulemaking number referenced in the 
caption. In completing the transmittal screen, commenters should 
include their full name, postal service mailing address, and the 
applicable docket or rulemaking number. Parties may also submit an 
electronic comment by Internet e-mail. To get filing instructions for 
e-mail comments, commenters should send an e-mail to [email protected], and 
should include the following words in the body of the message, ``get 
form, your e-mail address.'' A sample form and directions will be sent 
in reply.
    15. Parties who choose to file by paper must file an original and 
four copies of each filing. If more than one docket or rulemaking 
number appear in the caption of this proceeding, commenters must submit 
two additional

[[Page 25898]]

copies for each additional docket or rulemaking number. All filings 
must be sent to the Commission's Secretary, Magalie Roman Salas, Office 
of the Secretary, Federal Communications Commission, 445 Twelfth 
Street, SW; TW-A325, Washington, DC 20554.
    16. Parties who choose to file by paper should also submit their 
comments on diskette. These diskettes should be submitted to: Kim 
Matthews, 445 Twelfth Street, SW; 2-C225, Washington, DC 20554. Such a 
submission should be on a 3.5 inch diskette formatted in an IBM 
compatible format using WordPerfect 5.1 for Windows or compatible 
software. The diskette should be accompanied by a cover letter and 
should be submitted in ``read only'' mode. The diskette should be 
clearly labeled with the commenter's name, proceeding (including the 
docket number (MM Docket No. 00-44), type of pleading (comment or reply 
comment), date of submission, and the name of the electronic file on 
the diskette. The label should also include the following phrase ``Disk 
Copy--Not an Original.'' Each diskette should contain only one party's 
pleadings, preferably in a single electronic file. In addition, 
commenters must send diskette copies to the Commission's copy 
contractor, International Transcription Service, Inc., 445 Twelfth 
Street, SW; CY-B402, Washington, DC 20554.
    17. Ex Parte Rules. This is a permit-but-disclose notice and 
comment rulemaking proceeding. Ex parte presentations are permitted 
except during the Sunshine Agenda period, provided they are disclosed 
as provided in the Commission's Rules. See generally 47 CFR 1.1202, 
1.1203, and 1.1206(a).
    18. Initial Regulatory Flexibility Analysis. With respect to this 
Notice, and Initial Regulatory Flexibility Analysis (``IRFA'') is 
contained in Appendix A. As required by Section 603 of the Regulatory 
Flexibility Act, the Commission has prepared an IRFA of the expected 
impact on small entities of the proposals contained in this Notice. 
Written public comments are requested on the IRFA. In order to fulfill 
the mandate of the Contract With America Advancement Act of 1996 
regarding the Final Regulatory Flexibility Analysis, we ask a number of 
questions in our IRFA regarding the prevalence of small business in the 
television broadcasting industry. Comments on the IRFA must be filed in 
accordance with the same filing deadlines as comments on the Notice, 
but they must have a distinct heading designating them as responses to 
the IRFA. The Secretary shall send a copy of this Notice, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with Section 603(a) of the Regulatory 
Flexibility Act, Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. 601 et 
seq. (1981), as amended.
    19. Authority. This Notice is issued pursuant to authority 
contained in Sections 4(i), 303, and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 303, and 307.

VII. Initial Regulatory Flexibility Analysis

    20. Initial Paperwork Reduction Act of 1995 Analysis. This NPRM 
proposes to continue indefinitely the requirement that broadcast 
television licensees file with the Commission their Children's 
Television Programming Reports on FCC Form 398. In addition, the NPRM 
invites comment on whether these filings should be required on a 
quarterly, rather than an annual, basis, and on whether revisions 
should be made to Form 398 to reduce the burden on licensees. As part 
of our continuing effort to reduce paperwork burdens, we invite the 
general public and the Office of Management and Budget (OMB) to take 
this opportunity to comment on the information collections contained in 
this NPRM, as required by the Paperwork Reduction Act of 1995, Public 
Law No. 104-13. Public and agency comments are due at the same time as 
other comments on this Notice; OMB comments are due 60 days from the 
date of publication of this Notice in the Federal Register. Comments 
should address: (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology. In 
addition to filing comments with the Secretary, a copy of any comments 
on the information collections contained herein should be submitted to 
Judy Boley, Federal Communications Commission, 445 Twelfth Street, SW; 
1-C8004, Washington, DC 20554, or via the Internet to [email protected] 
and to Timothy Fain, OMB Desk Officer, 10236 NEOB, 725 17th Street, NW, 
Washington, DC 20503 or via the Internet to [email protected].
    21. Initial Regulatory Flexibility Act Analysis. As required by the 
Regulatory Flexibility Act, 5 U.S.C. 603 (``RFA''), the Commission has 
prepared an Initial Regulatory Flexibility Analysis (``IRFA'') of the 
expected impact on small entities of the proposals contained in this 
NPRM. Written public comments are requested with respect to the IRFA. 
These comments must be filed in accordance with the same filing 
deadlines for comments on the rest of the NPRM, but they must have a 
separate and distinct heading, designating the comments as responses to 
the IRFA. The Commission shall send a copy of this NPRM, including the 
IRFA, to the Chief Counsel for Advocacy of the Small Business 
Administration in accordance with the RFA, 5 U.S.C. 603(a).
    22. Reasons Why Agency Action is Being Considered. Our goals in 
commencing this proceeding and in formulating the proposals in the NPRM 
are to ensure that the FCC and the public have adequate information 
regarding educational programming for children and licensee compliance 
with the CTA and the FCC's rules.
    23. Need For and Objectives of the Proposed Rule Changes. Our goal 
in commencing this proceeding and in formulating the proposals in the 
NPRM is to ensure that the public continues to have access to 
information regarding the educational programming being aired by 
television broadcast licensees to assist parents in selecting 
educational programming for their children and to assist the public in 
monitoring the performance of stations in complying with the CTA and 
the FCC's rules. Our goal is also to ensure that the FCC receives 
adequate information to enforce the CTA and its rules, and to permit it 
to provide a central location for access to Children's Television 
Reports on the FCC's Internet website.
    24. Legal Basis. Authority for the actions proposed in the NPRM may 
be found in Sections 4(i) and 303 and 307 of the Communications Act of 
1934, as amended, 47 U.S.C. 154(i), 303, and 307.
    25. Recording, Recordkeeping, and Other Compliance Requirements. 
The NPRM proposes to continue indefinitely existing filing 
requirements, and invites comments on whether licensees should be 
required to file Children's Television Programming Reports on a 
quarterly rather than an annual basis.
    26. Federal Rules that Overlap, Duplicate, or Conflict with the 
Proposed Rules. The rules proposed in this proceeding do not overlap, 
duplicate, or conflict with any other rules.
    27. Description and Estimate of the Number of Small Entities to 
Which the Rules Would Apply. Under the RFA,

[[Page 25899]]

small entities may include small organizations, small businesses, and 
small governmental jurisdictions. 5 U.S.C. 601(6). The RFA, 5 U.S.C. 
601(3), generally defines the term ``small business'' as having the 
same meaning as the term ``small business concern'' under the Small 
Business Act, 15 U.S.C. 632. A small business concern is one which: (1) 
is independently owned and operated; (2) is not dominant in its field 
of operation; and (3) satisfies any additional criteria established by 
the Small Business Administration (``SBA''). Pursuant to 5 U.S.C. 
601(3), the statutory definition of a small business applies ``unless 
an agency after consultation with the Office of Advocacy of the SBA and 
after opportunity for public comment, establishes one or more 
definitions of such term which are appropriate to the activities of the 
agency and publishes such definition(s) in the Federal Register. There 
are approximately 1,240 existing commercial television broadcasters of 
all sizes that may be affected by the proposals contained in this NRPM.
    28. Any Significant Alternatives Minimizing the Impact on Small 
Entities and Consistent with the Stated Objectives: This NPRM solicits 
comment on a number of proposals, including continuation of the 
existing requirement to file Children's Television Programming Reports 
with the Commission. We seek comment in the NPRM on this proposal as 
well as on other issues, and on whether there is a significant economic 
impact on any class of small licensees as a result of any of our 
proposals. Any significant alternatives presented in the comments will 
be considered.

List of Subjects in 47 CFR Part 73

    Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 00-11098 Filed 5-3-00; 8:45 am]
BILLING CODE 6712-01-P
```