Children's Television Programming Rules
| Published date | 16 August 2019 |
| Citation | 84 FR 41949 |
| Record Number | 2019-16005 |
| Section | Proposed rules |
| Court | Federal Communications Commission |
Federal Register, Volume 84 Issue 159 (Friday, August 16, 2019)
[Federal Register Volume 84, Number 159 (Friday, August 16, 2019)]
[Proposed Rules]
[Pages 41949-41953]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16005]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket Nos. 18-202 and 17-105; FCC 19-67]
Children's Television Programming Rules
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks further comment on the
creation of a framework under which a broadcaster could satisfy its
children's programming obligations by relying in part on special
efforts to produce or support Core Programming aired on another station
or stations in the market. The Children's Television Act (CTA) permits
the Commission to consider special sponsorship efforts, in addition to
consideration of a licensee's programming, in evaluating whether a
licensee has served the educational and informational needs of
children. The Commission invites commenters to submit proposals
detailing a specific framework under which special sponsorship efforts
may be considered as part of a broadcaster's license renewal.
DATES: Comments are due on or before September 16, 2019; reply comments
are due on or before October 15, 2019.
ADDRESSES: You may submit comments, identified by MB Docket Nos. 18-202
and 17-105, by any of the following methods:
Federal Communications Commission's website: http://www.fcc.gov/cgb/ecfs/. Follow the instructions for submitting comments.
Mail: Filings can be sent by hand or messenger delivery,
by commercial overnight courier, or by first-class or overnight U.S.
Postal Service mail (although the Commission continues to experience
delays in receiving U.S. Postal Service mail). All filings must be
addressed to the Commission's Secretary, Office of the Secretary,
Federal Communications Commission.
People With Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by email: [email protected] or phone: (202) 418-
0530 or TTY: (202) 418-0432.
For detailed instructions for submitting comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: For additional information, contact
Kathryn Berthot of the Media Bureau, Policy Division, (202) 418-7454,
or Jonathan Mark of the Media Bureau, Policy Division, (202) 418-3634.
Direct press inquiries to Janice Wise at (202) 418-8165.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's
Further Notice of Proposed Rulemaking (FNPRM), FCC 19-67, adopted on
July 10, 2019, and released on July 12, 2019. The full text of this
document is available electronically via the FCC's Electronic Document
Management System (EDOCS) website at http://fjallfoss.fcc.gov/edocs_public/ or via the FCC's Electronic Comment Filing System (ECFS)
website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be
available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.) This document is also available for public inspection and
copying during regular business hours in the FCC Reference Information
Center, which is located in Room CY-A257 at FCC Headquarters, 445 12th
Street SW, Washington, DC 20554. The Reference Information Center is
open to the public Monday through Thursday from 8:00 a.m. to 4:30 p.m.
and Friday from 8:00 a.m. to 11:30 a.m. The complete text may be
purchased from the Commission's copy contractor, 445 12th Street SW,
Room CY-B402, Washington, DC 20554. Alternative formats are available
for people with disabilities (Braille, large print, electronic files,
audio format), by sending an email to [email protected] or calling the
Commission's Consumer and Governmental Affairs Bureau at (202) 418-0530
(voice), (202) 418-0432 (TTY).
Synopsis
I. Further Notice of Proposed Rulemaking
1. In this FNPRM, we seek further comment on the creation of a
framework under which a broadcaster could satisfy its children's
programming obligations by relying in part on special efforts to
produce or support Core Programming aired on another station or
stations in the market. The CTA permits the Commission to consider
special sponsorship efforts, in addition to consideration of a
licensee's programming, in evaluating whether a licensee has served the
educational and informational needs of children. In the NPRM, the
Commission noted that ``few, if any, broadcasters have taken advantage
of this opportunity to date'' because the rules require the full
[[Page 41950]]
Commission to approve the children's programming portion of renewal
applications relying on such special efforts and there is little
guidance on how such special efforts will be counted. The Commission
accordingly invited comment on the establishment of a framework that
would make the use of special sponsorship efforts a more viable option
for broadcasters. We received very few comments on this issue. As NAB
asserts, however, ``[n]o broadcaster . . . will increase the risk to
its license renewal by relying on a vague, uncertain option for
fulfilling its children's TV obligations. To encourage stations to
explore sponsorships, the standards for this option must be clear.''
Because the current record does not provide an adequate foundation for
the Commission to adopt a clear standard for special sponsorship
efforts, this FNPRM aims to create a more robust record and to solicit
industry proposals for a detailed framework for evaluating special
sponsorship efforts.
2. We invite commenters to submit proposals detailing a specific
framework under which special sponsorship efforts may be considered as
part of a broadcaster's license renewal. We tentatively conclude that
such proposals should include, at a minimum, the following three
elements: (1) The station must sponsor programming on a noncommercial
television broadcast station located in the same DMA; (2) the proposal
must establish a benchmark for how much funding a sponsoring station
would be required to provide based on the size or circumstances of the
sponsoring station; and (3) the sponsorship must result in the creation
of new Core Programming or expanded hours of an existing Core Program.
We discuss these three elements and seek comment on our tentative
conclusions below.
3. First, we tentatively conclude that a proposed framework for
special sponsorship efforts should require that the station sponsor
programming on an in-market noncommercial station. We think that it
would be beneficial to foster sponsorship of children's educational and
informational programming on stations that are more likely to attract
child audiences. Noncommercial stations in general, and PBS stations in
particular, have a demonstrated commitment to serving the educational
and informational needs of children and therefore may be more likely to
attract larger audiences for their children's programming. NAB states
that public television's experience with the 24/7 PBS KIDS channel
illustrates that fostering more educational content on child-focused
stations or program streams could boost viewership, as children's
viewing of PBS has increased 47% among low-income families and 32% in
broadcast-only homes since the inception of PBS KIDS. We seek comment
on our tentative conclusion. Should we require that there be
significant overlap between the coverage area of the sponsoring station
and that of the noncommercial station? Are there other benefits to
promoting sponsorship of children's programming on noncommercial
stations? For example, is it reasonable to expect that it would be
easier for parents to identify and locate Core Programming aired on
noncommercial stations? Alternatively, should we consider a framework
that also would permit special sponsorship efforts on in-market
commercial stations?
4. Second, we tentatively conclude that a proposed framework for
special sponsorship efforts should include a funding benchmark that
takes into account the size or circumstances of the sponsoring station.
Specifically, we tentatively conclude that large broadcast stations
and/or stations with greater resources should be required to undertake
more substantial sponsorship efforts (i.e., by providing a higher level
of funding) than small broadcast stations and/or stations with less
resources in order to receive sponsorship credit. We seek comment on
this tentative conclusion. In addition, we seek comment on how to
define or categorize sponsoring stations for purposes of such a
requirement. For example, should sponsoring stations be categorized
based on annual revenues, network affiliation and market size, or some
other measure that appropriately factors the size and resources of the
station? How many separate categories of sponsoring stations should
there be? Further, we seek comment on how much funding a station in
each of these categories should be required to provide to receive
credit for sponsoring programming on an in-market noncommercial
station. Should such funding levels be defined as a percentage of the
cost to produce the Core Program for a noncommercial station, a
percentage of the sponsoring station's annual revenues, a percentage of
the sponsoring station's advertising revenues for the timeslot ``freed
up'' as a result of the sponsorship, or should such funding levels be
based on some other measure?
5. Third, consistent with the Commission's previous guidance on
this issue, we tentatively conclude that a proposed framework for
special sponsorship efforts must require that the sponsorship result in
the creation of new Core Programming or expand the hours of an existing
Core Program on the in-market noncommercial station. We think that a
licensee should receive credit only where its sponsorship results in a
net increase in the amount of Core Programming on the in-market
noncommercial station. We seek comment on this tentative conclusion.
6. We invite commenters to address the costs and benefits of the
proposed framework discussed above and to suggest alternatives. In
particular, we invite noncommercial stations to provide input on how
this or any alternative proposed framework would be effective in
facilitating the sponsorship of children's educational and
informational programming on noncommercial stations. We reiterate that
without a clear framework for evaluating the sponsorship efforts of
broadcast stations, broadcasters are unlikely to risk their license
renewals by pursuing this option; thus, we urge commenters to offer
detailed proposals so that we are able to provide specific guidance on
how special sponsorship efforts will be evaluated.
7. We seek comment on how a station's sponsorship efforts should be
attributed to its overall Core Programming hours. We tentatively
conclude that a sponsored Core Program that satisfies each element of
the proposed framework discussed above should be counted on a minute-
for-minute basis (i.e., count each minute of a sponsored program as the
equivalent of a minute of Core Programming). We request comment on this
tentative conclusion and invite commenters to suggest alternative
proposals for quantifying sponsorship efforts. Should multiple stations
in the same market be permitted to jointly sponsor a Core Program on an
in-market noncommercial station? If so, how should each station's
individual sponsorship efforts count toward its overall Core
Programming hours?
8. As noted above, the CTA states that special sponsorship efforts
may be considered only ``in addition to considering the licensee's
[educational] programming.'' Thus, we think it is clear that the
statute requires that each broadcast station air some amount of Core
Programming on its own station. We seek comment on whether broadcasters
that sponsor Core Programs on in-market noncommercial stations should
have the flexibility to decide how much Core Programming to air on
their own stations, provided that their Core Programming hours when
combined with their special sponsorship efforts are the equivalent of
156 annual Core Programming hours
[[Page 41951]]
under the revised processing guidelines, or whether we should establish
a minimum number. Additionally, we seek comment on how special
sponsorship efforts will work in conjunction with our revised
processing guidelines. We tentatively conclude that a station that
sponsors programming on an in-market noncommercial station should treat
all such sponsored programming as regularly scheduled weekly
programming for purposes of the processing guidelines. Thus, for
example, if a station sponsors a half hour per week of Core Programming
on an in-market noncommercial station for 52 weeks, the station will be
credited with airing 26 hours of regularly scheduled weekly
programming. The station could then satisfy the processing guidelines
by complying with either Category A or B for the remaining hours. We
seek comment on this tentative conclusion.
9. Finally, we tentatively conclude that Media Bureau staff, rather
than the full Commission, should be permitted to approve the children's
programming portion of renewal applications of licensees relying in
part on special sponsorship efforts that satisfy the proposed framework
discussed above. We tentatively conclude that requiring full Commission
review of the renewal applications of stations engaging in sponsorship
efforts effectively discourages any station from exploring such an
option. We seek comment on this tentative conclusion. In addition, we
note that FCC Form 2100 Schedule H (formerly, Form 398), Children's
Television Programming Report, requires stations to provide certain
information regarding each Core Program sponsored on another station.
We request comment on any changes to this portion of the form that may
be necessitated as a result of guidance on special sponsorship efforts
provided in this proceeding.
II. Procedural Matters
A. Initial Paperwork Reduction Act Analysis
10. This document may result in new or modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and the
Office of Management and Budget (OMB) to comment on the information
collection requirements contained in this document, as required by the
Paperwork Reduction Act of 1995 (PRA). Public and agency comments are
due 60 days after publication of this document in the Federal Register.
In addition, pursuant to the Small Business Paperwork Relief Act of
2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific
comment on how we might ``further reduce the information collection
burden for small business concerns with fewer than 25 employees.''
B. Initial Regulatory Flexibility Analysis
11. As required by the Regulatory Flexibility Act of 1980, as
amended, (RFA) the Commission has prepared this Initial Regulatory
Flexibility Act Analysis (IRFA) concerning the possible significant
economic impact on small entities by the rules proposed in this Further
Notice of Proposed Rulemaking. Written public comments are requested on
this IRFA. Comments must be identified as responses to the IRFA and
must be filed by the deadlines for comments provided on the first page
of the FNPRM. Pursuant to the requirements established in 5 U.S.C.
603(a), The Commission will send a copy of the FNPRM, including this
IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration (SBA).
12. Need for, and Objectives of, the FNPRM. The Children's
Television Act of 1990 (CTA) requires that the Commission consider, in
its review of television license renewals, the extent to which the
licensee ``has served the educational and informational needs of
children through its overall programming, including programming
specifically designed to serve such needs.'' The CTA provides that, in
addition to considering the licensee's programming, the Commission also
may consider in its review of television license renewals 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 educational and informational needs of children.
The Commission adopted rules implementing the CTA in 1991, and revised
these rules in 1996, 2004, and 2006.
13. On July 12, 2018, the Commission released a Notice of Proposed
Rulemaking seeking comment on the creation of a framework under which
broadcasters could satisfy their children's programming obligations by
relying in part on special sponsorship efforts. The Commission,
however, received very few comments on this issue. Because the current
record does not provide an adequate foundation for the Commission to
adopt a clear standard for evaluating special sponsorship efforts, the
FNPRM invites commenters to submit proposals detailing a specific
framework under which special sponsorship efforts may be considered as
part of a broadcaster's license renewal. The FNPRM tentatively
concludes that such proposals should include, at a minimum, the
following three elements: (1) The station must sponsor programming on a
noncommercial television broadcast station located in the same DMA; (2)
the proposal must establish a benchmark for how much funding a
sponsoring station would be required to provide based on the size or
circumstances of the sponsoring station; and (3) the sponsorship must
result in the creation of new Core Programming or expanded hours of an
existing Core Program. Further, the FNPRM tentatively concludes that
Media Bureau staff, rather than the full Commission, should be
permitted to approve the children's programming portion of renewal
applications of licensees relying in part on special sponsorship
efforts that satisfy the proposed sponsorship framework.
14. Legal Basis. The proposed action is authorized pursuant to
sections 303, 303b, 307, and 336 of the Communications Act of 1934, as
amended, 47 U.S.C. 303, 303b, 307, and 336.
15. Description and Estimates of the Number of Small Entities to
Which the Proposed Rules Will Apply. The RFA directs agencies to
provide a description of and, where feasible, an estimate of the number
of small entities that may be affected by the proposed rules, if
adopted. The RFA generally defines the term ``small entity'' as having
the same meaning as the terms ``small business,'' ``small
organization,'' and ``small governmental jurisdiction.'' In addition,
the term ``small business'' has the same meaning as the term ``small
business concern'' under 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. The rules proposed herein
will directly affect certain small television stations. Below is a
description of these small entities, as well as an estimate of the
number of such small entities, where feasible.
16. Television Broadcasting. This Economic Census category
``comprises establishments primarily engaged in broadcasting images
together with sound.'' These establishments operate television
broadcast studios and facilities for the programming and transmission
of programs to the public. These establishments also produce or
transmit visual programming to affiliated broadcast television
stations,
[[Page 41952]]
which in turn broadcast the programs to the public on a predetermined
schedule. Programming may originate in their own studio, from an
affiliated network, or from external sources. The SBA has created the
following small business size standard for such businesses: Those
having $38.5 million or less in annual receipts. The 2012 Economic
Census reports that 751 firms in this category operated in that year.
Of that number, 656 had annual receipts of $25,000,000 or less. Based
on this data, we estimate that the majority of commercial television
broadcasters are small entities under the applicable SBA size standard.
17. In addition, the Commission has estimated the number of
licensed commercial television stations to be 1,383. Of this total,
1,257 stations had revenues of $38.5 million or less, according to
Commission staff review of the BIA Kelsey Inc. Media Access Pro
Television Database (BIA) on February 24, 2017. Such entities,
therefore, qualify as small entities under the SBA definition. The
Commission has estimated the number of licensed noncommercial
educational (NCE) television stations to be 378. The Commission,
however, does not compile and does not have access to information on
the revenue of NCE stations that would permit it to determine how many
such stations would qualify as small entities.
18. We note, however, that in assessing whether a business concern
qualifies as ``small'' under the above definition, business (control)
affiliations must be included. Our estimate, therefore likely
overstates the number of small entities that might be affected by our
action, because the revenue figure on which it is based does not
include or aggregate revenues from affiliated companies. In addition,
another element of the definition of ``small business'' requires that
an entity not be dominant in its field of operation. We are unable at
this time to define or quantify the criteria that would establish
whether a specific television broadcast station is dominant in its
field of operation. Accordingly, the estimate of small businesses to
which the proposed rules would apply does not exclude any television
station from the definition of a small business on this basis and
therefore could be over-inclusive.
19. There are also 417 Class A stations. Given the nature of this
service, we will presume that all 417 of these stations qualify as
small entities under the above SBA small business size standard.
20. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements. In this section, we identify the reporting,
recordkeeping, and other compliance requirements proposed in the FNPRM
and consider whether small entities are affected disproportionately by
any such requirements.
21. Reporting Requirements. The FNPRM may result in modifications
to the special sponsorship efforts portion of FCC Form 398.
22. Recordkeeping Requirements. The FNPRM does not propose to adopt
recordkeeping requirements.
23. Other Compliance Requirements. The FNPRM seeks further comment
on the creation of a framework under which broadcasters could satisfy
their children's programming obligations by relying in part on special
sponsorship efforts.
24. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered. The RFA requires an
agency to describe any significant, specifically small business,
alternatives that it has considered in reaching its proposed approach,
which may include the following four alternatives (among others): (1)
The establishment of differing compliance or reporting requirements or
timetables that take into account the resources available to small
entities; (2) the clarification, consolidation, or simplification of
compliance and reporting requirements under the rule for such small
entities; (3) the use of performance, rather than design, standards;
and (4) an exemption from coverage of the rule, or any part thereof,
for small entities.
25. The framework proposed in the FNPRM is intended to provide
broadcasters, including small entities, greater flexibility in
fulfilling their children's programming obligations. The FNPRM
tentatively concludes that a proposed framework for special sponsorship
efforts should include a funding benchmark that takes into account the
size or circumstances of the sponsoring station and seeks comment on
whether such a funding benchmark should be based on a station's annual
revenues, network affiliation and market size, or some other measure.
Thus, we expect that the proposed revisions, if adopted, will only
benefit affected small entities.
26. Federal Rules that May Duplicate, Overlap, or Conflict With the
Proposed Rule. None.
C. Ex Parte Rules
27. Permit-But-Disclose. This proceeding shall be treated as a
``permit-but-disclose'' proceeding in accordance with the Commission's
ex parte rules. Persons making ex parte presentations must file a copy
of any written presentation or a memorandum summarizing any oral
presentation within two business days after the presentation (unless a
different deadline applicable to the Sunshine period applies). Persons
making oral ex parte presentations are reminded that memoranda
summarizing the presentation must (1) list all persons attending or
otherwise participating in the meeting at which the ex parte
presentation was made, and (2) summarize all data presented and
arguments made during the presentation. If the presentation consisted
in whole or in part of the presentation of data or arguments already
reflected in the presenter's written comments, memoranda or other
filings in the proceeding, the presenter may provide citations to such
data or arguments in his or her prior comments, memoranda, or other
filings (specifying the relevant page and/or paragraph numbers where
such data or arguments can be found) in lieu of summarizing them in the
memorandum. Documents shown or given to Commission staff during ex
parte meetings are deemed to be written ex parte presentations and must
be filed consistent with rule 1.1206(b). In proceedings governed by
rule 1.49(f) or for which the Commission has made available a method of
electronic filing, written ex parte presentations and memoranda
summarizing oral ex parte presentations, and all attachments thereto,
must be filed through the electronic comment filing system available
for that proceeding, and must be filed in their native format (e.g.,
.doc, .xml, .ppt, searchable .pdf). Participants in this proceeding
should familiarize themselves with the Commission's ex parte rules.
D. Filing Requirements
28. Comments and Replies. Pursuant to sections 1.415 and 1.419 of
the Commission's rules, 47 CFR 1.415, 1.419, interested parties may
file comments and reply comments on or before the dates indicated on
the first page of this document. Comments may be filed using the
Commission's Electronic Comment Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: http://fjallfoss.fcc.gov/ecfs2/.
Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in
[[Page 41953]]
the caption of this proceeding, filers must submit two additional
copies for each additional docket or rulemaking number.
Filings can be sent by hand or messenger delivery, by commercial
overnight courier, or by first-class or overnight U.S. Postal Service
mail. All filings must be addressed to the Commission's Secretary,
Office of the Secretary, Federal Communications Commission.
All hand-delivered or messenger-delivered paper filings
for the Commission's Secretary must be delivered to FCC Headquarters at
445 12th St. SW, Room TW-A325, Washington, DC 20554. The filing hours
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes and boxes must be
disposed of before entering the building.
Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 445 12th Street SW, Washington, DC 20554.
29. Availability of Documents. Comments, reply comments, and ex
parte submissions will be available for public inspection during
regular business hours in the FCC Reference Center, Federal
Communications Commission, 445 12th Street SW, CY-A257, Washington, DC
20554. These documents will also be available via ECFS. Documents will
be available electronically in ASCII, Microsoft Word, and/or Adobe
Acrobat.
30. People With Disabilities. To request materials in accessible
formats for people with disabilities (Braille, large print, electronic
files, audio format), send an email to [email protected] or call the FCC's
Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice),
(202) 418-0432 (TTY).
31. Accordingly, it is ordered, pursuant to the authority contained
in sections 303, 303b, 307, 335, and 336 of the Communications Act of
1934, as amended, 47 U.S.C. 303, 303b, 307, 335, and 336, that this
Further Notice of Proposed Rulemaking is adopted.
List of Subjects in 47 CFR Part 73
Education, Reporting and recordkeeping, Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2019-16005 Filed 8-15-19; 8:45 am]
BILLING CODE 6712-01-P
