[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Rules and Regulations]
[Pages 67283-67288]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28612]


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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.

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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

[[Page 67284]]

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 <a href="/cdn-cgi/l/email-protection#e58f878a89809ca5838686cb828a93"><span class="__cf_email__" data-cfemail="c1aba3aeada4b881a7a2a2efa6aeb7">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#d9b3bbb6b5bca099bfbabaf7beb6af"><span class="__cf_email__" data-cfemail="1d777f727178645d7b7e7e337a726b">[email protected]</span></a>.

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 <a href="/cdn-cgi/l/email-protection#97f2f4f1e4d7f1f4f4b9f0f8e1"><span class="__cf_email__" data-cfemail="f491979287b4929797da939b82">[email protected]</span></a>, 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 for-profit
    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

[[Page 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-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 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

[[Page 67286]]

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 three-hour 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

[[Page 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 Sec. 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 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 
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

[[Page 67288]]

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:


Sec. 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 Sec. 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 
Sec. 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]
BILLING CODE 6712-01-P


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