‘‘SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO
PROGRAMMING 
NOT 
SPECIFICALLY
BLOCKABLE BY ELECTRONIC MEANS.
‘‘(a) UNLAWFUL DISTRIBUTION.—It shall be unlaw-
ful for any person to distribute to the public any violent
video programming not blockable by electronic means spe-
cifically on the basis of its violent content during hours
when children are reasonably likely to comprise a substan-
tial portion of the audience.
‘‘(b) RULEMAKING PROCEEDING.—The Commission
shall conduct a rulemaking proceeding to implement the
provisions of this section and shall promulgate final regu-
lations pursuant to that proceeding not later than 9
months after the date of enactment of the Children’s Pro-
tection from Violent Programming Act. As part of that
proceeding, the Commission—
‘‘(1) may exempt from the prohibition under
subsection (a) programming (including news pro-
grams and sporting events) whose distribution does
not conflict with the objective of protecting children
from the negative influences of violent video pro-
gramming, as that objective is reflected in the find-
ings in section 551(a) of the Telecommunications
Act of 1996;
‘‘(2) shall exempt premium and pay-per-view
cable programming and premium and pay-per-view
direct-to-home satellite programming; and
‘‘(3) shall define the term ‘hours when children
are reasonably likely to comprise a substantial por-
tion of the audience’ and the term ‘violent video pro-
gramming’.
‘‘(c) ENFORCEMENT.—
‘‘(1) FORFEITURE PENALTY.—The Commission
shall impose a forfeiture penalty of not more than
$25,000 on any person who violates this section or
any regulation promulgated under it for each such
violation. For purposes of this paragraph, each day
on which such a violation occurs is a separate viola-
tion.
‘‘(2) LICENSE
REVOCATION.—If a person re-
peatedly violates this section or any regulation pro-
mulgated under this section, the Commission shall,
after notice and opportunity for hearing, revoke any
license issued to that person under this Act.
‘‘(3) LICENSE
RENEWALS.—The Commission
shall consider, among the elements in its review of
an application for renewal of a license under this
Act, whether the licensee has complied with this sec-
tion and the regulations promulgated under this sec-
tion.
‘‘(d) DEFINITIONS.—For purposes of this section—
‘‘(1) BLOCKABLE
BY
ELECTRONIC
MEANS.—
The term ‘blockable by electronic means’ means
blockable by the feature described in section 303(x).
‘‘(2) 
DISTRIBUTE.—The 
term 
‘distribute’
means to send, transmit, retransmit, telecast, broad-
cast, or cablecast, including by wire, microwave, or
satellite, but it does not include the transmission, re-
transmission, or receipt of any voice, data, graphics,
or video telecommunications accessed through an
interactive computer service as defined in section
230(f)(2) of the Communications Act of 1934 (47
U.S.C. 230(f)(2)), which is not originated or trans-
mitted in the ordinary course of business by a tele-
vision broadcast station or multichannel video pro-
gramming distributor as defined in section 602(13)
of that Act (47 U.S.C. 522(13)).
‘‘(3) VIOLENT
VIDEO
PROGRAMMING.—The
term ‘violent video programming’ as defined by the
Commission may include matter that is excessive or
gratuitous violence within the meaning of the 1992
Broadcast Standards for the Depiction of Violence
in Television Programs, December 1992.’’.
SEC. 5. FTC STUDY OF MARKETING STRATEGY IMPROVE-
MENTS.
The Federal Trade Commission shall study the mar-
keting of violent content by the motion picture, music re-
cording, and computer and video game industries to chil-
dren, including the marketing practices improvements de-
scribed by industry representatives at the hearing held by
the Senate Committee on Commerce, Science, and Trans-
portation on September 13, 2000. The Commission shall
assess the extent to which these marketing practices have
improved under the model of self-regulation as rec-
ommended by the Commission in its September, 2000, re-
port, Making Violent Entertainment to Children: A Re-
view of Self Regulation and Industry Practices in the Mo-
tion Picture, Music Recording and Electronic Game In-
dustries. The Commission shall report the results of the
study, including findings, and recommendations, if any, to
the Senate Committee on Commerce, Science, and Trans-
portation and the House of Representatives Committee on
Commerce within 18 months after the date of enactment
of this Act.
SEC. 6. SEPARABILITY.
If any provision of this Act, or any provision of an
amendment made by this Act, or the application thereof
to particular persons or circumstances, is found to be un-
constitutional, the remainder of this Act or that amend-
ment, or the application thereof to other persons or cir-
cumstances shall not be affected.
SEC. 7. EFFECTIVE DATE.
The prohibition contained in section 715 of the Com-
munications Act of 1934 (as added by section 2 of this
Act) and the regulations promulgated thereunder shall
take effect 1 year after the regulations are adopted by the
Commission.
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