with a v-chip are also likely to have 1 or more sets 
that are not equipped with a v-chip, as found in a 
2005 Broadcasting & Cable TVFAX article. 
(12) The ability to block channels pursuant to 
sections 624(d)(2) and 640 of the Communications 
Act of 1934 (47 U.S.C. 624(d)(2); 640) does not ef-
fectively protect children from indecent program-
ming carried by multichannel video programming 
distributors. 
(13) A host of practical obstacles, including 
long waits and blocking failures, currently frustrate 
parents who attempt to rely on such options. This 
is especially true for those cable subscribers who do 
not have digital cable service. 
(14) Because of the manner in which multi-
channel video programming distributors currently 
bundle channels, most multichannel video program-
ming subscribers currently receive and pay for nu-
merous channels that they do not watch. According 
to Nielsen Media Research, for example, households 
receiving more than 70 networks only watch, on av-
erage, about 17 of these networks. 
(15) While multichannel video programming 
distributors currently provide subscribers with a va-
riety of methods of blocking the audio and video pro-
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gramming of any channel that they do not wish to 
receive, such distributors generally do not offer the 
subscriber a credit on account of such blocked chan-
nel. Thus, subscribers must pay for channels in-
cluded in programming tiers even if they are blocked 
at the request of the subscriber. 
(16) For those adults seeking to view program-
ming for mature audiences, there are many sources 
of such programming on premium tiers currently of-
fered by multichannel video programming distribu-
tors. HBO and Showtime, for example, are offered 
by the vast majority of cable and DBS services, and 
both programmers carry content that is more sexu-
ally explicit than what is available on broadcast 
channels. At least 98 percent of all cable systems 
offer premium channels and 42 percent of television 
households subscribe to 1 or more premium chan-
nels. 
(17) Parents need more effective ways to limit 
the exposure of children to television with harmful 
content by being able to purchase cable program-
ming that only contains programming that is child- 
friendly. 
(18) The efforts to limit the exposure of chil-
dren to harmful television content have not been 
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successful because Federal regulatory agencies have 
not had the authority to require cable and satellite 
providers to offer programming that only contains 
programming that is child-friendly. Therefore, legis-
lation is necessary to give Federal regulatory agen-
cies the authority to combat this problem. 
SEC. 3. DEFINITIONS. 
Section 602 of the Communications Act of 1934 (47 
U.S.C. 522) is amended— 
(1) by striking ‘‘For purposes of this title—’’ 
and inserting the following: 
‘‘(a) IN GENERAL.—For purposes of this title—’’; 
and 
(2) by adding at the end the following: 
‘‘(b) ADDITIONAL DEFINITIONS.—In this title, the 
following definitions shall apply: 
‘‘(1) EXPANDED BASIC TIER.—The term ‘ex-
panded basic tier’— 
‘‘(A) means the tier of channels offered by 
a multichannel video programming distributor 
that is most frequently subscribed to by the 
subscribers of such distributor other than the 
basic service tier; and 
‘‘(B) includes channels offered in such 
basic service tier. 
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‘‘(2) FAMILY TIER OF PROGRAMMING.— 
‘‘(A) IN GENERAL.—The term ‘family tier 
of programming’ means a tier of channels of-
fered by a multichannel video programming dis-
tributor that— 
‘‘(i) includes all channels offered on 
the expanded basic tier of such distributor; 
and 
‘‘(ii) does not include those channels 
offered on such expanded basic tier that 
carry programs that are rated TV–14 or 
TV–MA under the TV Parental Guidelines, 
as such ratings were approved by the Com-
mission in implementation of section 551 
of the Telecommunications Act of 1996, 
Video Programming Ratings, Report and 
Order, CS Docket No. 97–55, 13 F.C.C. 
Rcd. 8232 (1998)), between the hours of 6 
a.m. and 10 p.m., except to the extent that 
such programs are news programs or live 
sporting events. 
‘‘(B) AUTHORITY OF COMMISSION TO MOD-
IFY
DEFINITION.—The Commission, by rule, 
may modify the definition in subparagraph 
(A)— 
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‘‘(i) if the TV Parental Guidelines de-
scribed in subparagraph (A) are modified; 
or 
‘‘(ii) to better effectuate the purpose 
of this Act, including to protect children 
from indecent and profane video program-
ming. 
‘‘(3) LIVE SPORTING EVENT.—The term ‘live 
sporting event’ does not include— 
‘‘(A) a scripted event; or 
‘‘(B) any event where the outcome of such 
event is determined before such event occurs. 
‘‘(4) MULTICHANNEL
VIDEO
PROGRAMMING 
SERVICE.—The term ‘multichannel video program-
ming service’ means any video programming service 
provided by a multichannel video programming dis-
tributor. 
‘‘(5) THEMED TIER OF CHANNELS.—The term 
‘themed tier of channels’ means a tier of channels— 
‘‘(A) in which each channel in such tier of-
fers programming in the same genre, such as a 
package of sports channels or premium movie 
channels; and 
‘‘(B) that are offered by a multichannel 
video programming distributor for subscription 
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separately from other channels or tiers of chan-
nels.’’. 
SEC. 4. PROTECTING CHILDREN FROM INDECENT VIDEO 
PROGRAMMING. 
Part IV of title VI of the Communications Act of 
1934 (47 U.S.C. 551 et seq.) is amended by adding at 
the end the following: 
‘‘SEC. 642. PROVISION OF PROGRAMMING SUITABLE FOR 
CHILDREN BY MULTICHANNEL VIDEO PRO-
GRAMMING DISTRIBUTORS. 
‘‘(a) RULEMAKING.— 
‘‘(1) IN GENERAL.—Not later than 270 days 
after the date of enactment of this section, the Com-
mission shall initiate and conclude a rulemaking to 
adopt measures to protect children from indecent 
video programming carried by a multichannel video 
programming distributor. 
‘‘(2) REQUIRED CONTENT.— 
‘‘(A) OBLIGATIONS OF MVPD’S.—Any rule 
adopted under paragraph (1) shall require a 
multichannel video programming distributor to 
either— 
‘‘(i) not transmit any material that is 
indecent or profane on any channel in the 
expanded basic tier of such distributor be-
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tween the hours of 6 a.m. and 10 p.m., in 
accordance with the indecency and pro-
fanity policies and standards applied by 
the Commission to broadcasters, as such 
policies and standards are modified from 
time to time, including during any hours 
that indecent material is not allowed to be 
broadcast by such broadcasters; 
‘‘(ii) fully scramble or otherwise fully 
block, without charge, the audio and video 
programming on any channel that a sub-
scriber does not wish to receive, except 
that such distributor— 
‘‘(I) may not block— 
‘‘(aa) a channel required to 
be on the basic tier of such dis-
tributor 
pursuant 
to 
section 
623(b)(7)(A); or 
‘‘(bb) any equivalent channel 
on a direct broadcast satellite 
service or other type of multi-
channel video programming serv-
ice; and 
‘‘(II) may not be required to 
block— 
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‘‘(aa) video programming of-
fered on a per-channel or per- 
program basis; or 
‘‘(bb) video programming on 
a themed tier of channels, unless 
a subscriber does not subscribe to 
such channel, program, or tier; or 
‘‘(iii) allow a subscriber to subscribe 
to a family tier of programming. 
‘‘(B) ELECTION
OF
MVPD’S.—Any rule 
adopted under paragraph (1) shall— 
‘‘(i) require a multichannel video pro-
gramming distributor to notify, on an an-
nual basis— 
‘‘(I) the Commission as to which 
option described in clauses (i) through 
(iii) of subparagraph (A) such dis-
tributor elects to follow; and 
‘‘(II) in writing, the subscribers 
of such distributor as to which option 
described in clauses (i) through (iii) of 
subparagraph (A) such distributor 
elects to follow; 
‘‘(ii) allow, on an annual basis, each 
multichannel 
video 
programming 
dis-
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tributor to change the election made by 
such distributor under clause (i). 
‘‘(C) SCRAMBLING OPTIONS.— 
‘‘(i) IN GENERAL.—Any rule adopted 
under paragraph (1) shall require each 
multichannel 
video 
programming 
dis-
tributor that elects to follow the option de-
scribed in subparagraph (A)(ii) to— 
‘‘(I) give any subscriber who 
elects to block any channel included in 
any service tier to which such sub-
scriber subscribes a credit on the 
monthly bill of such subscriber for 
such blocked channel in an amount 
equal to the amount that such dis-
tributor pays for the right to provide 
such blocked channel to such sub-
scriber, calculated in accordance with 
clause (ii); and 
‘‘(II) provide, at least on an an-
nual basis, to each subscriber com-
prehensive written information con-
cerning the amount of any credit that 
such subscriber would receive under 
subclause (I), if such subscriber elect-
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ed to exercise such subscriber’s right 
to block a particular channel included 
in any service tier to which such sub-
scriber subscribes. 
‘‘(ii) CALCULATION OF CREDIT.—The 
credit described in clause (i)(I) shall be 
calculated as follows: 
‘‘(I) If a multichannel video pro-
gramming distributor pays a fee per 
subscriber for the right to provide a 
channel to the subscribers of such dis-
tributor, then the amount of such 
credit shall be equal to the amount of 
such per subscriber fee. 
‘‘(II) If a multichannel video pro-
gramming distributor pays a fixed 
amount for the right to provide a 
channel to all or a specified number of 
subscribers of such distributor, then 
the amount of such credit shall be 
equal to an allocable share of such 
fixed amount. 
‘‘(III) If a multichannel video 
programming distributor does not pay 
for the right to provide a channel to 
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the subscribers of such distributor, 
then a subscriber shall not be entitled 
to receive a credit under clause (i)(I). 
‘‘(D) FAMILY
TIER
OPTIONS.—Any rule 
adopted under paragraph (1) shall require each 
multichannel video programming distributor 
that elects to follow the option described in sub-
paragraph (A)(iii) to allow a subscriber to the 
digital service offered by such distributor to ob-
tain the family tier of programming for 1 or 
more of the video reception devices of such sub-
scriber, while at the same time obtaining other 
service tiers for other video reception devices of 
such subscriber. 
‘‘(b) SEVERABILITY.—If any provision of this section, 
or the application thereof to any person or circumstance, 
is held to be unlawful, the remaining portions of this sec-
tion not deemed unlawful shall— 
‘‘(1) not be affected thereby; and 
‘‘(2) remain in effect to the fullest extent per-
mitted by law.’’. 
Æ 
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