Children's Television Act of 1990
PL 101-437 (H.R.1677), enacted 10/17/1990

104 STAT. 996 
PUBLIC LAW 101-437—OCT. 17, 1990 
Public Law 101-437 
101st Congress 
An Act 
Oct. 17, 1990 
[H.R. 1677] 
Children's 
Television Act of 
1990. 
47 u s e 609 note. 
47 u s e 303a 
note. 
47 u s e 303a. 
To require the Federal Communications Commission to reinstate restrictions on 
advertising during children's television, to enforce the obligation of broadcasters to 
meet the educational and informational needs of the child audience, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Children's Television Act 
of 1990". 
TITLE I—REGULATION OF CHILDREN'S TELEVISION 
FINDINGS 
SEC. 101. The Congress finds that— 
(1) it has been clearly demonstrated that television can £issist 
children to learn important information, skills, values, and 
behavior, while entertaining them and exciting their curiosity 
to learn about the world around them; 
(2) as part of their obligation to serve the public interest, 
television station operators and licensees should provide 
programming that serves the special needs of children; 
(3) the financial support of advertisers assists in the provision 
of programming to children; 
(4) special safeguards are appropriate to protect children from 
overcommercialization on television; 
(5) television station operators and licensees should follow 
practices in connection with children's television programming 
and advertising that take into consideration the characteristics 
of this child audience; and 
(6) it is therefore necessary that the Federal Communications 
Commission Qiereinafter referred to as the "Commission") take 
the actions required by this title. 
STANDARDS FOR CHILDREN'S TELEVISION PROGRAMMING 
SEC. 102. (a) The Commission shall, within 30 days after the date 
of enactment of this Act, initiate a rulemaking proceeding to pre-
scribe standards applicable to commercial television broadcast 
licensees with respect to the time devoted to commercial matter in 
conjunction with children's television programming. The Commis-
sion shall, within 180 days after the date of enactment of this Act, 
complete the rulemaking proceeding and prescribe final standards 
that meet the requirements of subsection 0>). 
0>) Except as provided in subsection (c), the standards prescribed 
under subsection (a) shall include the requirement that each 
commercial television broadcast licensee shall limit the duration of 
advertising in children's television programming to not more than 
49-139 O - 90 (437) 
PUBLIC LAW 101-437—OCT. 17, 1990 
104 STAT. 997 
10.5 minutes per hour on weekends and not more than 12 minutes 
per hour on weekdays. 
(c) After January 1,1993, the Commission— 
(1) may review and evaluate the advertising duration limita-
tions required by subsection Ot)); and 
(2) may, after notice and public comment and a demonstration 
of the need for modification of such limitations, modify such 
limitations in accordance with the public interest. 
(d) As used in this section, the term "commercial television broad-
cast licensee" includes a cable operator, as defined in section 602 of 
the Communications Act of 1934 (47 U.S.C. 522). 
CONSIDERATION OF CHILDREN S TELEVISION SERVICE IN BROADCAST 
LICENSE RENEWAL 
SEC. 103. (a) After the standards required by section 102 are in 
effect, the Commission shall, in its review of any application for 
renewal of a television broadcast license, consider the extent to 
which the licensee— 
(1) has complied with such standards; and 
(2) has served the educational and informational needs of 
children through the licensee's overall programming, including 
programming specifically designed to serve such needs. 
(b) In addition to consideration of the licensee's programming as 
required under subsection (a), the Commission may consider— 
(1) any special nonbroadcast efforts by the licensee which 
enhance the educational and informational value of such 
programming to children; and 
(2) any special efforts by the licensee to produce or support 
programming broadcast by another station in the licensee's 
marketplace which is specifically designed to serve the edu-
cational and informational needs of children. 
47 u s e 303b. 
PROGRAM LENGTH COMMERCIAL MATTER 
SEC. 104. Within 180 days after the date of enactment of this Act, 
the Commission shall complete the proceeding known as "Revision 
of Programming and Commercialization Policies, Ascertainment 
Requirements and Program Log Requirements for Commercial Tele-
vision Stations", MM Docket No. 83-670. 
TITLE n—ENDOWMENT FOR CHILDREN'S EDUCATIONAL 
TELEVISION 
SHORT TITLE 
SEC. 201. This title may be cited as the "National Endowment for 
Children's Educational Television Act of 1990". 
National 
Endowment for 
Children's 
Educational 
Television Act of 
1990. 
47 u s e 609 note. 
FINDINGS 
SEC. 202. The Congress finds that— 
(1) children in the United States are lagging behind those in 
other countries in fundamental intellectual skills, including 
reading, writing, mathematics, science, and geography; 
(2) these fundamental skills are essential for the future 
governmental and industrial leadership of the United States; 
47 u s e 394 note. 
104 STAT. 998 
PUBLIC LAW 101-437—OCT. 17, 1990 
47 u s e 394, 
393a. 
47 u s e prec. 
395, prec. 396, 
prec. 397. 
(3) the United States must act now to greatly improve the 
education of its children; 
(4) television is watched by children about three hours each 
day on average and can be effective in teaching children; 
(5) educational television programming for children is aired 
too infrequently either because public broadcast licensees and 
permittees lack funds or because commercial broadcast licens-
ees and permittees or cable television system operators do not 
have the economic incentive; and 
(6) the Federal Government can assist in the creation of 
children's educational television by establishing a National 
Endowment for Children's Educational Television to supple-
ment the children's educational programming funded by other 
governmental entities. 
NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION 
SEC. 203. (a) Part IV of title III of the Communications Act of 1934 
(47 U.S.C. 390 et seq.) is amended— 
(1) by redesignating section 394 as section 393A; 
(2) by redesignating subparts B, C, and D a^ subparts C, D, 
and E, respectively; and 
(3) by inserting immediately after section 393A, as so redesig-
nated, the following new subpart: 
"Subpart B—National Endowment for Children's Educational 
Television 
Government 
contracts. 
Grant 
programs— 
education. 
47 u s e 394. 
Cable television. 
ESTABUSHMENT OF NATIONAL ENDOWMENT 
"SEC. 394. (a) It is the purpose of this section to enhance the 
education of children through the creation and production of tele-
vision programming specifically directed towajrd the development of 
fundamental intellectual skills. 
"Ot)Xl) There is established, under the direction of the Secretary, a 
National Endowment for Children's Educational Television. In 
administering the National Endowment, the Secretary is authorized 
to— 
"(A) contract with the Corporation for the production of 
educational television programming for children; and 
"(B) make grants directly to persons proposing to create and 
produce educational television programming for children. 
The Secretary shall consult with the Advisory Council on Children's 
Educational Television in the making of the grants or the awarding 
of contracts for the purpose of making the grants. 
"(2) Contracts and grants under this section shall be made on the 
condition that the programming shall— 
"(A) during the first two years after its production, be made 
available only to public television licensees and permittees and 
noncommercial television licensees and permittees; and 
"(B) thereafter be made available to any commercial tele-
vision licensee or permittee or cable television system operator, 
at a charge established by the Secretary that will assure the 
maximum practicable distribution of such programming, so long 
as such licensee, permittee, or operator does not interrupt the 
programming with commercial advertisements. 
PUBLIC LAW 101-437—OCT. 17, 1990 
104 STAT. 999 
The Secretary may, consistent with the purpose and provisions of 
this section, permit the programming to be distributed to persons 
using other media, estabhsh conditions relating to such distribution, 
and apply those conditions to any contract or grant made under this 
section. The Secretary may waive the requirements of subparagraph 
(A) if the Secretary finds that neither public television licensees and 
permittees nor noncommercial television licensees and permittees 
will have an opportunity to air such programming in the first two 
years after its production. 
"(cXl) The Secretary, with the advice of the Advisory Council on 
Children's Educational Television, shall establish criteria for 
making contracts and grants under this section. Such criteria shall 
be consistent with the purpose and provisions of this section and 
shall be made available to interested parties upon request. Such 
criteria shall include— 
"(A) criteria to maximize the amount of programming that is 
produced with the funds made available by the Endowment; 
"(B) criteria to minimize the costs of— 
"(i) selection of grantees, 
"(ii) administering the contracts and grants, and 
"(iii) the administrative costs of the programming produc-
tion; and 
"(C) criteria to otherwise maximize the proportion of funds 
made available by the Endowment that are expended for the 
cost of programming production. 
"(2) Applications for grants under this section shall be submitted 
to the Secretary in such form and containing such information as 
the Secretary shall require by regulation. 
"(d) Upon approving any application for a grant under subsection 
(bXlXB), the Secretary shall make a grant to the applicant in an 
amount determined by the Secretary, except that such amounts 
shall not exceed 75 percent of the amount determined by the 
Secretary to be the reasonable and necessary cost of the project for 
which the grant is made. 
"(eXD The Secretary shall establish an Advisory Council on Chil-
dren's Educational Television. The Secretery shall appoint ten 
individuals as members of the Council and designate one of such 
members to serve as Chairman. 
"(2) Members of the Council shall have terms of two years, and no 
member shall serve for more than three consecutive terms. The 
members shall have expertise in the fields of education, psychology, 
child development, or television programming, or related dis-
ciplines. Officers and employees of the United Stetes shall not be 
appointed as members. 
(3) While away from their homes or regular places of business in 
the performance of duties for the Council, the members of the 
Council shall serve without compensation but shall be allowed 
travel expenses, including per diem in lieu of subsistence, in accord-
ance with section 5703 of title 5, United Stetes Code. 
"(4) The Council shall meet at the call of the Chairman and shall 
advise the Secretery concerning the making of contracts and grants 
under this section. 
"(fXl) Each recipient of a grant under this section shall keep such 
Records. 
records as may be reasonably necessary to enable the Secretery to 
carry out the Secretary's functions under this section, including 
records which fully disclose the amount and the disposition by such 
recipient of the proceeds of such grant, the total cost of the project. 
104 STAT. 1000 
PUBLIC LAW 101-437—OCT. 18, 1990 
Records. 
Appropriation 
authorization. 
the amount and nature of that portion of the cost of the project 
supplied by other sources, and such other records as will facilitate 
an effective audit. 
"(2) The Secretary and the Comptroller General of the United 
States, or any of their duly authorized representatives, shall have 
access for the purposes of audit and examination to any books, 
documents, papers, and records of the recipient that are pertinent to 
a grant received under this section. 
"(g) The Secretary is authorized to make such rules and r^ula-
tions as may be necessary to carry out this section, including those 
relating to the order of priority in approving appUcations for 
projects under this section or to determining the amounts of con-
tracts and grants for such projects. 
"(h) There are authorized to be appropriated $2,000,000 for fiscal 
year 1991 and $4,000,000 for fiscal year 1992 to be used by the 
Secretary to carry out the provisions of this section. Sums appro-
priated under this subsection for any fisc£d year shall remain avail-
able for contracts and grants for projects for which applications 
approved under this section have been submitted wtihin one year 
£d[ter the last day of such fiscal year. 
"(i) For purposes of this section— 
"(1) the term 'educational television prc^anuning for chil-
dren' means any television program which is directed to an 
audience of children who are 16 years of age or younger Eind 
which is designed for the intellectual. development of those 
children, except that such term does not include any television 
prc^am which is directed to a general audience but which 
might also be viewed by a significant number of children; and 
"(2) the term 'person' means an individual, partnership, 
association, joint stock company, trust, corporation, or State or 
local governmental entity.", 
(b) Section 397 of the Communications Act of 1934 (47 U.S.C. 397) 
is amended— 
(1) in paragraph (2) by striking "subpart C" and inserting in 
lieu thereof "subpart D"; and 
(2) in paragraph (15)— 
(A) by inserting "and subpart B" immediately after "sub-
p£«1; A"; and 
(B) by striking "subpart B, subpart C" and inserting in 
lieu thereof "subpart C, subpart D". 
[Note by the Office of the Federal Register.—The foregoing Act, having been 
presented to the President of the United States on Friday, October 5, 1990, and not 
having been returned by him to the House of Congress in which it originated within 
the time prescribed by the Constitution of the United States, has become law without 
his signature on October 18, 1990.] 
LEGISLATIVE HISTORY—H.R. 1677 (S. 1992): 
HOUSE REPORTS: No. 101-385 (Comm. on Energy and Commerce). 
SENATE REPORTS: No. 101-227 accompanying S. 1992 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
July 19, S. 1992 considered and peissed Senate. 
July 23, H.R. 1677 considered and passed House. 
Sept. 24, considered and passed Senate, amended. 
Oct. 1, House concurred in Senate amendment. 
WEEKLY COlVfPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 26 (1990): 
Oct. 17, Presidential statement.