Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67283

DATES: Effective December 11, 2000.

FOR FURTHER INFORMATION CONTACT:

Victoria M. McCauley, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order, MM

Docket No. 99–75, adopted October 11,

2000, and released October 20, 2000.

The full text of this Commission

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 445 12th Street, SW, Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Services,

Inc., (202) 857–3800, 1231 20th Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334. 336.

§ 73.202 [Amended]

2. Section 73.202(b) the FM Table of

Allotments under New Mexico is

amended by removing Milan, Channel

264A and adding Channel 264A at

Grants.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–28689 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2373; MM Docket No. 99–195; RM–

9563, RM–9958]

Radio Broadcasting Services;

Wheatland and Wright, WY

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: The Commission, at the

request of Mountain West Broadcasting,

allots Channel 293C1 at Wheatland,

Wyoming, as the community’s second

local FM transmission service (RM–

9563) See 64 FR 29979, June 4 1999. At

the request of Mount Rushmore

Broadcasting, Inc., we also allot Channel

289A at Wheatland and Channel 224A

at Wright, Wyoming, as each

community’s third local FM

transmission service (RM–9958).

Channel 293C1 can be allotted at

Wheatland in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 41 kilometers (25.5 miles)

north; and Channel 289A can also be

allotted to Wheatland at city reference

coordinates. Additionally, Channel

224A can be allotted to Wright in

compliance with the Commission’s

minimum distance separation

requirements with a site restriction of

9.7 kilometers (6.0 miles) north to avoid

a short-spacing to the allotment

reference site for Channel 223C1,

Douglas, Wyoming. The coordinates for

Channel 293C1 at Wheatland are 42–25–

32 North Latitude and 104–57–21 West

Longitude; and the coordinates for

Channel 289A at Wheatland are 42–03–

16 North Latitude and 104–57–08 West

Longitude. Additionally, the

coordinates for Channel 224A at Wright

are 43–50–02 North Latitude and 105–

28–29 West Longitude.

DATES: Effective December 11, 2000. A

filing window for Channels 289A and

293C1 at Wheatland, Wyoming, and

Channel 224A at Wright, Wyoming, will

not be opened at this time. Instead, the

issue of opening filing windows for

these channels will be addressed by the

Commission in a subsequent order.

FOR FURTHER INFORMATION CONTACT:

Sharon P. McDonald, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s Report

and Order, MM Docket No. 99–195,

adopted October 11, 2000, and released

October 20, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the FCC Reference

Information Center (Room CY–A257),

445 12th Street, SW, Washington, DC.

The complete text of this decision may

also be purchased from the

Commission’s copy contractors,

International Transcription Service,

Inc., (202) 857–3800, 1231 20th Street,

NW., Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 54, 303, 334, 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Wyoming, is amended

by adding Channels 289A and 293C1 at

Wheatland; and by adding Wright,

Channel 224A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–28687 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 00–44; FCC 00–343]

Extension of the Filing Requirement

for Children’s Television Programming

Reports (FCC Form 398)

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document amends the

Commission’s rules to continue

indefinitely the requirement that

commercial broadcast television

licensees file with the Commission their

quarterly Children’s Television

Programming Reports (FCC Form 398).

The document also requires that the

reports be filed quarterly, when they are

prepared, rather than annually. In

addition, the document also makes a

number of revisions to FCC Form 398 to

make the information contained in the

form clearer and more useful to the

public and the FCC. The intended effect

of these actions is to assist the

Commission in continuing to enforce

the Children’s Television Act of 1990

(‘‘CTA’’) and our rules implementing

the CTA by facilitating monitoring of

the amount and quality of educational

television programming for children and

industry compliance with the

Commission’s children’s educational

programming requirements.

DATES: These rules contain information

collection requirements that have not

been approved by OMB. The Federal

Communications Commission will

publish a document in the Federal

Register announcing the effective date.

Written comments by the public on the

new and/or modified information

collections are due January 8, 2001.

ADDRESSES: In addition to filing

comments with the Office of the

Secretary, a copy of any comments on

the information collection(s) contained

67284 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

herein should be submitted to Judy

Boley, Federal Communications

Commission, Room 1–C804, 445 12th

Street, SW, Washington, D.C. 20554, or

via the Internet to jboley@fcc.gov.

FOR FURTHER INFORMATION CONTACT: Kim

Matthews, Policy and Rules Division,

Mass Media Bureau, at (202) 418–2130,

TTY (202) 418–2989. For additional

information concerning the information

collection(s) contained in this

document, contact Judy Boley at 202–

418–0214, or via the Internet at

jboley@fcc.gov.

SUPPLEMENTARY INFORMATION: This is a

summary of the Report and Order

(‘‘R&O’’) in MM Docket No. 00–44, FCC

00–343, adopted on September 14, 2000,

and released on October 5, 2000. The

full text of this decision is available for

inspection and copying during regular

business hours in the FCC Reference

Center, 445 Twelfth Street, SW, Room

CY–A257, Washington DC, and also

may be purchased from the

Commission’s copy contractor,

International Transcription Service,

(202) 857–3800, 445 Twelfth Street, SW,

Room CY–B402, Washington DC. The

complete text is also available under the

file name fcc00343.pdf on the

Commission’s Internet site at

www.fcc.gov.

This document contains modified

information collection(s) subject to the

Paperwork Reduction Act of 1995

(PRA), Public Law 104–13. It will be

submitted to the Office of Management

and Budget (OMB) for review under

Section 3507(d) of the PRA. OMB, the

general public, and other Federal

agencies are invited to comment on the

new or modified information collections

contained in this proceeding.

Electronic Access and Filing Addresses

Comments may be filed using the

Commission’s Electronic Comment

Filing System (ECFS) or by filing paper

copies via the Internet to http://

www.fcc.gov.e-file/ecfs.html. 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

ecfs@fcc.gov, 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.

Paperwork Reduction Act

This document contains either new or

modified information collection(s). The

Commission, as part of its continuing

effort to reduce paperwork burdens,

invites the general public to comment

on the information collection(s)

contained in this R&O, as required by

the Paperwork Reduction Act of 1995,

Public Law 104–13. Public and agency

comments are due January 8, 2001.

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) ways to

enhance the quality, utility, and clarity

of the information collected; (c) 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.

OMB Control Number: 3060–XXXX

Title: Children’s Television

Programming Report

Form No: FCC Form 398

Type of Review: revision of existing

collection

Respondents: business or other forprofit

Number of respondents: 1,250

Estimated Time Per Response: 6

hours/quarter

Total Annual Burden: 30,000 hours

Total Annual Costs: $489,600

Needs and Uses: The R&O continues

indefinitely the requirement that

commercial broadcast television

licensees file with the Commission their

quarterly Children’s Television

Programming Reports (FCC 398). The

R&O also requires that the reports be

filed quarterly, when they are prepared,

rather than annually. In addition, the

R&O makes a number of revisions to

FCC 398 to make the information

contained in the form clearer and more

useful to the public and the FCC. These

revisions include a new preemption

report to be completed for each

preempted core program during the

quarter. This information collection will

assist in efforts by the public and the

Commission to monitor compliance

with the Children’s Television Act.

Synopsis of Report and Order

1. In this Report and Order (‘‘R&O’’),

the Commission makes a number of

changes to the children’s educational

television reporting requirements of

commercial broadcast television

licensees. First, we extend indefinitely

the requirement that commercial

broadcast television licensees file with

the Commission their quarterly

Children’s Television Programming

Reports (FCC Form 398). The

Commission’s rules currently state that

such reports shall be completed

quarterly and filed on an annual basis

for an experimental period of three

years, from January 1998 through

January 2000. These reports are required

to be filed electronically. Second, we

require broadcasters in the future to file

these reports on a quarterly basis, at the

time they are prepared, rather than

annually. Finally, we also announce

herein a number of revisions to be made

to FCC Form 398 to make the

information contained in the form

clearer and more useful to the public

and the FCC. The actions we take herein

will assist the Commission in

continuing to enforce the Children’s

Television Act of 1990 (‘‘CTA’’) and our

rules implementing the CTA by

facilitating monitoring by the FCC and

the public of the amount and quality of

educational television programming for

children and industry compliance with

the Commission’s children’s

educational programming requirements.

2. Data indicate that children spend,

on average, almost three hours a day

watching television. In view of the

significant impact this medium has on

children, Congress has concluded that

television should be contributing to

children’s development. 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 places on every

licensee an obligation to provide such

programming, including programming

specifically designed to educate and

inform children, and requires the FCC to

enforce that obligation.

3. In August 1996, the Commission

adopted its current educational

programming rules to strengthen its

enforcement of the CTA. See Policies

and Rules Concerning Children’s

Television Programming, 61 FR 43981

(Aug. 27, 1996). The Commission’s rules

include several measures to increase the

availability of programming

‘‘specifically designed’’ to serve

children’s educational needs (otherwise

known as ‘‘core’’ programming) and to

facilitate public access to information

about such programming. These

measures include a requirement the

licensees identify core programming at

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67285

the time it is aired and in information

provided to publishers of television

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. Furthermore, the rules

establish a definition of ‘‘core’’

programming as well as a three-hourper-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 the CTA

portion of their renewal applications.

4. One of the most important public

information measures adopted by the

Commission in 1996 was the

requirement that licensees complete a

Children’s Television Programming

Report, on FCC Form 398, each calendar

quarter and place the report in the

station’s public inspection file.

Broadcasters are required to separate the

children’s programming reports from

other materials they maintain in their

public files. The Commission required

that these quarterly reports be filed

jointly with the Commission on an

annual basis for an experimental period

of three years. 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

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. The Commission

makes the reports available at its

website.

5. The public information initiatives,

including the Children’s Television

Programming Reports, 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. Facilitating public access

to the information contained in the

Children’s Television Programming

Reports helps 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 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. The information contained in

the reports can also 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. 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.

6. In its August 1996 Children’s

Programming Report and Order, the

Commission also required that a

children’s program be ‘‘regularly

scheduled’’ to be counted as core

programming for purposes of meeting

the three-hour-per-week processing

guideline, i.e.,—a core children’s

program must ‘‘be scheduled to air at

least once a week’’ and ‘‘must air on a

regular basis.’’ The Commission stated

that television series typically air in the

same time slot for 13 consecutive weeks,

although some episodes may be

preempted for programs such as

breaking news or live sports events. The

Commission noted that programming

that is aired on a regular basis is more

easily anticipated and located by

viewers, and can build loyalty that will

improve its chance for commercial

success. The Commission stated that it

would leave to the staff to determine,

with guidance from the full Commission

as necessary, what constitutes regularly

scheduled programming and what level

of preemption is allowable. Subsequent

to the adoption of the Children’s

Programming Report and Order, and in

response to requests from the ABC, CBS,

and NBC networks that local stations be

given flexibility to reschedule episodes

of core programs that are preempted by

live network sports events without

adversely affecting the program’s status

as ‘‘regularly scheduled,’’ the Mass

Media Bureau has allowed the networks

limited flexibility in preempting core

children’s programming. Specifically,

within certain limitations, the Bureau

advised that preempted core programs

could count toward a station’s core

programming obligation if the program

were rescheduled. The Bureau also

indicated that it would revisit this

limited flexibility regarding preempted

core programming based on the level of

preempted programs, the rescheduling

and broadcast of the preempted

programs, and the impact of promotions

and other steps taken by the stations to

make children’s educational

programming a success.

Filing Requirement Extension

7. The Commission has reviewed all

of the reports filed since

commencement of the FCC filing

requirement, and has used the

information in the reports to evaluate

industry practices in connection with

preemption of children’s programming.

In addition, the Commission staff is

currently preparing an analysis based on

the data reflected in reports filed over

the past three years. 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.

Quarterly Filing

8. In addition to extending the filing

requirement, we will require

broadcasters to file their Children’s

Television Programming Reports with

the Commission on a quarterly basis, at

the time the reports are prepared, rather

than annually. Section

73.3526(e)(11)(iii) currently requires

that the report for each calendar quarter

be filed in the station’s public

inspection file by the tenth day of the

succeeding calendar quarter. Beginning

January 10, 2001, we will require that

reports for each quarter be filed

electronically with the Commission by

the same date the report is due to be

placed in the station’s public inspection

file.

9. We agree with CME et al. that

quarterly filing with the Commission

will provide the public and the

Commission with more current

information on the educational and

informational programming offered by

broadcasters to meet their obligation

under the CTA and our rules. Among

other things, the reports include

information on the core educational and

informational programs the licensee

67286 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

plans to air during the next calendar

quarter. The purpose of requiring

licensees to report this information is to

permit parents, teachers, and others to

better anticipate and plan for the

viewing of educational programs by

children. Facilitating timely public

access to the station’s schedule of core

educational and informational programs

for the succeeding calendar quarter will

permit parents and others to use this

information more effectively to plan

their children’s television viewing. CME

et al. suggests that quarterly filings will

be more helpful to parents, and argues

that they will also allow researchers to

report more timely on programming

trends for the annual television season,

which could influence programming for

the subsequent television season.

10. NAB opposes a quarterly filing

requirement, arguing that licensees

appear to be complying with the

children’s television programming rules

and that there is no demonstrated need

for increased reporting requirements.

While we agree that the reports filed

since our revised children’s television

programming rules became effective

indicate that virtually all licensees

claim to be airing at least 3 hours per

week of programming that meets our

definition of programming ‘‘specifically

designed’’ to meet the educational and

informational needs of children, we

believe that improving public access to

the information contained in the reports

will assist parents and others interested

in selecting programs for children to

watch. As noted, assisting parents in

choosing educational programming for

their children may possibly increase the

commercial success of such

programming and thereby prompt

broadcasters to increase the amount of

educational and informational broadcast

television programming available to

children—one of the underlying goals of

our children’s programming public

information initiatives. More timely

information will also assist those

interested in monitoring station

performance under our rules, thus

assisting the Commission in its

enforcement role.

11. As reports must now be prepared

and placed in the station’s public

inspection file on a quarterly basis, we

continue to believe that requiring these

quarterly reports to be transmitted

electronically to the Commission on a

quarterly basis, rather than once a year,

will not impose a significant additional

burden on licensees. In this regard, we

note that more than seventy percent of

licensees already voluntarily file their

reports quarterly. Reports are currently

required to be filed electronically with

the Commission, and the Commission

makes an electronic version of a blank

FCC Form 398 available on its website

to be used by licensees to prepare their

quarterly submissions. As CME et al.

suggests, transmitting the reports to the

Commission quarterly rather than

annually should require very little

additional time and effort on the part of

licensees. In view of the benefits of

quarterly filing with the FCC and the

minimal additional burden this will

impose on licensees, we believe that

quarterly filing is warranted.

Changes to FCC Form

12. CME et al. suggested that FCC

Form 398 be revised to provide more

information regarding (1) why a

broadcaster has preempted a children’s

educational program, (2) which program

guide publishers are not printing the

programming information provided by

local broadcasters, and (3) what efforts

broadcasters are making to publicize the

existence and location of their Reports

(question 8). CME et al. also suggests

that broadcasters be required to post

their reports on their website, that the

FCC’s own children’s television

webpage be made more user-friendly,

and that Form 398 be revised to reflect

the station’s license renewal date.

Preemption Report

13. The Commission required that

programming must be ‘‘regularly

scheduled’’ to qualify under the threehour guideline. This requirement was

based on the fact that programming that

is aired on a regular basis is more easily

anticipated and located by viewers, and

therefore more likely to be seen by its

intended audience. Although

acknowledging that preemption might

occur, the Commission expected that

preemption of core programming would

be rare. The Mass Media Bureau staff

has recently reviewed a random sample

of the Children’s Television

Programming Reports, and determined

that the average preemption rate by

stations affiliated with the largest

networks during the past two years is

nearly 10%, and has been as high as

25% during a quarter when a large

number of sports programming

commitments. Given this level of

preemption, and the difficulty that some

members of the public and the

Commission staff have experienced in

interpreting the information set forth in

Form 398, we wish to gather more

information about the circumstances of

preemption to ensure that our

preemption policy does not thwart the

CTA.

14. To make the information in the

Children’s Television Programming

Reports clearer and to improve public

access to information about educational

and informational programming and

licensee compliance with the CTA and

our rules, we will make a few revisions

to FCC Form 398. Currently, question 5

of FCC Form 398 requires broadcasters

to list, among other information, the

title of each core educational and

informational program aired by the

station during the past calendar quarter,

the days and times the program is

regularly scheduled, the total times the

program aired, the number of

preemptions and, if the program was

preempted and rescheduled, the date

and time the program was aired. From

the way this question is currently

worded and formatted, it is difficult to

determine from the responses to this

question exactly how many times each

core program was preempted during the

calendar quarter, whether the

preempted episode was eventually aired

and, if so, when the program was aired.

In addition, as CME suggests, it would

be useful to know the reason for each

preemption. Although we encourage

stations to reschedule core programming

preempted for breaking news, even if

programs preempted for breaking news

are not rescheduled they can count

toward the three-hour-per-week core

programming guideline. We cannot

currently determine whether a program

was preempted for breaking news or

another reason, and thus whether the

program must have been rescheduled

and aired in order to count toward the

three-hour guideline. Finally, we would

also like to know if licensees made

efforts to notify viewers and publishers

of program guides of the date and time

their rescheduled programs would air.

To address these issues, we will revise

question 5 of FCC Form 398 to gather

more information about preempted core

programs during the quarter and add as

an addendum to the form a ‘‘Preemption

Report’’ to be completed for each

preempted core program during the

quarter. The Preemption Report will

request information on the date of each

preemption, if the program was

rescheduled the date and time the

program was aired, and the reason for

the preemption (e.g., we will ask the

licensee to pick a reason from among

several options, including breaking

news). We will also ask licensees to

indicate whether promotional efforts

were made to notify the public of the

time and date the rescheduled program

would air. This data will provide more

complete information regarding the

level of preemption of core programs

and station practices in rescheduling

such programs. This information will in

turn allow the FCC and interested

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67287

members of the public to continue to

monitor the impact of preemptions

generally on the availability of core

programs.

Program Guide Information

15. We will also revise question 4 of

FCC Form 398 in order to collect more

extensive data about the information

furnished by licensees to publishers of

program guides regarding core

programming aired by the station.

Section 73.673(b) of our rules requires

commercial television station licensees

to provide information identifying core

programming, and the age group for

which the program is intended, to

publishers of program guides. In

adopting this requirement, we noted

that program guides are an effective

means of providing parents with

advance notice of scheduling of

educational programs, and that such

information can assist both parents in

finding suitable programs for their

children and others who wish to

monitor station performance in

complying with the CTA. While we

noted that we cannot require guides to

print this information, we stated that the

information is more likely to be

included in program listings if

broadcasters routinely provide it.

16. Question 4 as currently written

asks whether licensees have provided

information to publishers of program

guides as required by our rules, with the

licensee indicating ‘‘yes’’ or ‘‘no.’’ We

will revise this question to ask licensees

to identify by name the program guides

to which information was provided, but

decline to require broadcasters to

indicate in their reports whether the

program guides to which the

information was provided actually

published this information. Our purpose

in making this change is twofold. First,

we agree with CME et al. that requiring

broadcasters to list the publishers to

whom information was submitted will

provide parents, the public and the

Commission useful data by which to

judge a broadcasters good-faith efforts to

comply with our goal of facilitating

public access to information about

educational programming. Second, and

perhaps more important, requiring

broadcasters to provide this information

will help in identifying those publishers

that decline to include information

about educational programming in their

program guides. Studies examining the

impact of the children’s programming

rules have concluded that many parents

still do not know which programs carry

educational labels, and that the

widespread failure of program guides to

include information identifying core

educational programming contributes to

this problem. It does not appear that any

newspapers or program guides routinely

include in their television listings the

symbols identifying core programs.

Requiring stations to identify publishers

to which information about core

programs is being provided will allow

parents and others to encourage other

program guide publishers to include

this information in their TV listings. As

broadcasters are already required by our

rules to provide information to program

guide publishers, it should not be

difficult for broadcasters simply to

identify those publishers on their

quarterly programming reports. We

disagree with CME et al., however, that

broadcasters should be required to

indicate in their reports whether the

program guides to which information

was provided actually published this

information. As NAB argues, tracking

what was actually published could

impose a significant burden on

broadcasters. Once publishers that have

been provided with information are

identified by licensees in their reports,

interested members of the public can

monitor those publications and urge

them to include educational children’s

program identifiers.

License Renewal Date

17. Finally, as CME et al. suggests, we

will also add a question to FCC Form

398 requiring the station to indicate its

license renewal date. This information

is readily available to broadcasters and

easy to provide, and will be useful to

members of the public interested in

monitoring station compliance.

Revised Form 398

18. We will amend § 73.3526 of the

Commission’s rules as set forth in FCC

Form 398, Children’s Television

Programming Report, to reflect the

changes discussed. We direct the Mass

Media Bureau to revise FCC Form 398

accordingly and submit it to OMB for

approval.

Final Regulatory Flexibility Analysis

19. The R&O amends

§ 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 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. The R&O also requires

that the reports be filed with the

Commission quarterly, at the time they

are prepared, instead of annually, which

will make available to the public more

timely information about the

educational and informational

programming aired by the licensee

during the preceding calendar quarter

and planned to be aired during the

succeeding quarter. Finally, the R&O

also makes a number of revisions to FCC

Form 398 to make the information in the

reports clearer and more useful to the

Commission and the public.

Specifically, the R&O adds a

‘‘Preemption Report’’ to FCC Form 398

to be completed for each preempted

core program during the quarter

requesting information on the date of

each preemption, if the program was

rescheduled the date and time the

program was aired, and the reason for

the preemption. The revised form also

asks whether promotional efforts were

made to notify the public of the time

and date the rescheduled program

would air, and requires licensees to

identify the program guide publishers

provided information about the

licensee’s core educational

programming. Finally, licensees must

indicate on the revised form the

station’s next license renewal date.

These measures are designed to permit

us to continue to enforce the CTA and

our rules implementing that statute, and

to improve public access to information

about licensee compliance with their

obligations to provide educational and

informational programming for

children.

Description and Estimate of the Number

of Small Entities to Which the Proposed

Rules Apply

20. The RFA directs agencies to

provide a description of and, where

feasible, an estimate of the number of

small entities that will be affected by the

rules. The RFA generally defines the

term ‘‘small entity’’ as having the same

meaning as the terms ‘‘small business,’’

‘‘small organization,’’ and ‘‘small

business concern’’ under section 3 of

the Small Business Act. 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 SBA.

21. Small TV Broadcast Stations. The

SBA defines small television

67288 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

broadcasting stations as television

broadcasting stations with $10.5 million

or less in annual receipts. BIA Research

Inc. reports that 784 out of 1221

commercial television stations (64%)

have annual revenues less than $10.5

million. Thus, we estimate that 784 or

fewer commercial TV broadcast stations

are small businesses, as defined by the

SBA.

Description of Projected Reporting,

Recordkeeping, and Other Compliance

Requirements

22. The R&O continues the

requirement that commercial broadcast

television stations file with the FCC a

copy of their quarterly Children’s

Television Programming Reports on

FCC Form 398. In addition, the R&O

requires that these reports be filed on a

quarterly basis, as they are prepared,

rather than annually. Finally, the R&O

makes a number of changes in FCC

Form 398 to make the information in the

reports clearer and more useful to the

FCC and the public. Specifically, the

R&O adds a ‘‘Preemption Report’’ to

FCC Form 398 to be completed for each

preempted core program during the

quarter requesting information on the

date of each preemption, if the program

was rescheduled the date and time the

program was aired, and the reason for

the preemption. The revised form also

asks whether promotional efforts were

made to notify the public of the time

and date the rescheduled program

would air, and requires licensees to

identify the program guide publishers

provided information about the

licensee’s core educational

programming. Finally, licensees must

indicate on the revised form the

station’s next license renewal date.

Steps Taken To Minimize Significant

Impact on Small Entities, and

Significant Alternatives Considered

23. The R&O requires licensees to

identify in their Children’s Television

Programming Reports the program guide

publishers to whom information

regarding the licensee’s educational and

informational children’s programming

was provided. Although commenters

also advocated that licensees be

required to state whether this

information was actually published, the

R&O declines to impose this additional

obligation on licensees because we

believe that this might have constituted

a significant economic impact without

an adequate resulting benefit. In

addition, although commenters

proposed requiring that licensees be

required to identify in their reports the

precise efforts made to publicize the

existence and location of the reports as

required by 47 CFR 73.3526(e)(11)(iii),

this proposal was not adopted in the

R&O.

Report to Congress

24. The Commission will send a copy

of the R&O, including this FRFA, in a

report to be sent to Congress pursuant

to the Congressional Review Act, see 5

U.S.C. 801(a)(1)(A). In addition, the

Commission will send a copy of the

R&O, including the certification and

FRFA, to the Chief Counsel for

Advocacy of the Small Business

Administration. A copy of the R&O,

certification, and FRFA (or summaries

thereof) will also be published in the

Federal Register. See 5 U.S.C. 604(b)

and 605(b).

Ordering Clauses

25. Pursuant to authority contained in

sections 4(i), 303, and 308 of the

Communications Act of 1934, as

amended, 47 U.S.C. 154(i ), 303, and

308, and the Children’s Television Act

of 1990, 47 U.S.C. 303a, 303b, part 73

of the Commission’s rules, 47 CFR part

73, is amended as set forth.

26. Pursuant to the Congressional

Review Act, 5 U.S.C. 801, et seq., the

amendments set forth shall be effective

January 1, 2001. Children’s Television

Programming Reports for the fourth

quarter of 2000, due to be filed with the

Commission by January 10, 2001,

should be completed using the current

FCC Form 398. The Commission will

revise its electronic version of FCC

Form 398 to reflect the changes adopted

herein. Reports for the first quarter of

2001, due to be filed by April 10, 2001,

should be completed using the revised

form.

27. The Commission’s Consumer

Information Bureau, Reference

Information Center, shall send a copy of

this R&O, including the Initial and Final

Regulatory Flexibility Act Analyses, to

the Chief Counsel for the Small

Business Administration.

28. Pursuant to 47 U.S.C. 155(c), the

Chief, Mass Media Bureau, is granted

delegated authority to implement the

changes to Form 398 adopted in this

R&O.

List of Subjects in 47 CFR Part 73

Television broadcasting.

Federal Communications Commission.

Magalie Roman Salas,

Secretary.

Rules

Part 73 of title 47 of the U.S. Code of

Federal Regulations is amended to read

as follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

2. Section 73.3526 is amended by

revising paragraph (e)(11)(iii) to read as

follows:

§ 73.3526 Local public inspection file of

commercial stations.

* * * * *

(e) * * *

(11) * * *

(iii) Children’s television

programming reports. For commercial

TV broadcast stations, on a quarterly

basis, a completed Children’s Television

Programming Report (‘‘Report’’), on FCC

Form 398, reflecting efforts made by the

licensee during the preceding quarter,

and efforts planned for the next quarter,

to serve the educational and

informational needs of children. The

Report for each quarter is to be placed

in the public inspection file by the tenth

day of the succeeding calendar quarter.

By this date, a copy of the Report for

each quarter is also to be filed

electronically with the FCC. The Report

shall identify the licensee’s educational

and informational programming efforts,

including programs aired by the station

that are specifically designed to serve

the educational and informational needs

of children, and it shall explain how

programs identified as Core

Programming meet the definition set

forth in § 73.671(c). The Report shall

include the name of the individual at

the station responsible for collecting

comments on the station’s compliance

with the Children’s Television Act, and

it shall be separated from other

materials in the public inspection file.

The Report shall also identify the

program guide publishers to which

information regarding the licensee’s

educational and informational

programming was provided as required

in § 73.673(b), as well as the station’s

license renewal date. These Reports

shall be retained in the public

inspection file until final action has

been taken on the station’s next license

renewal application. Licensees shall

publicize in an appropriate manner the

existence and location of these Reports.

[FR Doc. 00–28612 Filed 11–8–00; 8:45 am]

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