[Federal Register: March 27, 2006 (Volume 71, Number 58)]
[Proposed Rules]
[Page 15145-15147]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr06-37]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[MM Docket No 00-167; FCC 06-33]
Children's Television Obligations of Digital Television
Broadcasters
AGENCY: Federal Communications Commission.
ACTION: Proposed Rule.
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SUMMARY: This document seeks public comment on a joint proposal filed
by several broadcast and programming entities and children's television
advocates proposing revisions to previously adopted requirements of
television licensees to provide educational programming for children.
DATES: The Commission must receive comments on or before April 24,
2006, and reply comments on or before May 8, 2006.
ADDRESSES: You may submit comments, identified by MM Docket No 00-167,
by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Federal Communications Commission's Web Site: http://www.fcc.gov/cgb/ecfs/.
Follow the instructions for submitting comments. E-mail: ecfs@fcc.gov. Include the following words in the
body of the message, get form. A sample form and directions will be
sent in response.
Mail: Commercial overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-
class, Express, and Priority mail should be addressed to 445 12th
Street, SW., Washington DC 20554.
People with Disabilities: Contact the FCC to request
reasonable accommodations (accessible format documents, sign language
interpreters, CART, etc.) by e-mail: FCC504@fcc.gov 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: Kim Matthews, Policy Division, Media
[[Page 15146]]
Bureau, Federal Communications Commission, (202) 418-2154 or Holly
Saurer, Media Bureau, Federal Communications Commission (202) 418-7283.
SUPPLEMENTARY INFORMATION: On September 9, 2004, the Commission adopted
a Report and Order and Further Notice of Proposed Rule Making, 70 FR 25
(January 3, 2005) (``Order'') in the above-captioned proceeding. The
Order addresses matters related to two areas: the obligation of
television licensees to provide educational programming for children
and the requirement that television licensees protect children from
excessive and inappropriate commercial messages. Some of the rules and
policies adopted in the Order apply only to digital broadcasters while
others apply to both analog and digital broadcasters as well as cable
operators. A number of parties have petitioned for Commission
reconsideration of the Order. In addition, petitions for judicial
review of the Order and other requests for relief are pending before
the U.S. Court of Appeals for the Sixth Circuit.
On December 16, 2005, the Commission adopted an Order Extending
Effective Date, FCC 05-211, MM Docket No. 00-167 (rel. December 16,
2005) extending the effective date of most of the rules adopted in the
Order until 60 days after publication in the Federal Register of an
order on reconsideration in this proceeding; see 71 FR 5176 (February
1, 2006). The Commission noted that representatives of the broadcast
and cable industries and public interest groups interested in
children's television issues had been meeting in an attempt to resolve
their differences regarding the new rules that are the subject of the
litigation. The Commission further noted that those parties had
informed the Commission that they had reached an agreement on a
recommendation to the Commission that, if adopted, would resolve their
concerns with the Commission's rules. In light of that agreement and
the issues raised in the pending petitions for reconsideration, the
Commission found that the public interest would be served by delaying
the effective date of the new rules to permit the Commission to act on
the petitions for reconsideration and to afford broadcasters and cable
operators additional time to come into compliance with the revised
children's television requirements, as such requirements may be
modified on reconsideration. The Commission noted that it would seek
comment on the parties' recommendation separately.
On February 9, 2006, the broadcast and cable industry
representatives and children's television public interest groups
involved in negotiations regarding the Order filed with the Commission
a ``Joint Proposal of Industry and Advocates on Reconsideration of
Children's Television Rules' (``Joint Proposal''). The Joint Proposal
contains a somewhat more detailed discussion of the parties'
recommendations regarding modifications of the rules adopted in the
Order. A copy of the Joint Proposal is attached to the Second Further
Notice of Proposed Rulemaking. The Joint Proposal can also be found in
MM Docket 00-167 using the Commission's Electronic Comment Filing
System (``ECFS'') available at http://www.fcc.gov/cgb/ecfs/.
We hereby invite the public to comment on the rules and policies
adopted in the Order in light of the recommendations reflected in the
Joint Proposal. In particular, we seek comment on whether, and to what
extent, the Commission should adopt these recommendations for
modification of the rules adopted in the Order or any alternative
modifications. The Commission will consider the Joint Proposal and the
comments filed in response to this Second Further Notice of Proposed
Rule Making together with the petitions for reconsideration previously
filed in response to the Order in determining what action to take on
reconsideration in this proceeding.
Ex Parte Rules. This is a permit-but-disclose notice and comment
rulemaking proceeding. Ex parte presentations are permitted, except
during the Sunshine Agenda period, provided that they are disclosed as
provided in the Commission's Rules. See generally 47 CFR 1.1202,
1.1203, and 1.1206(a).
Comment Information. Pursuant to Sec. Sec. 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: (1) The
Commission's Electronic Comment Filing System (ECFS), (2) the Federal
Government's eRulemaking Portal, or (3) by filing paper copies. 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://www.fcc.gov/cgb/ecfs/ or the Federal eRulemaking Portal: http://www.regulations.gov. Filers should
follow the instructions provided on the Web site for submitting
comments.
For ECFS filers, if multiple docket or rulemaking numbers appear in
the caption of this proceeding, filers must transmit one electronic
copy of the comments for each docket or rulemaking number referenced in
the caption. In completing the transmittal screen, filers should
include their full name, U.S. Postal Service mailing address, and the
applicable docket or rulemaking number. Parties may also submit an
electronic comment by Internet e-mail. To get filing instructions,
filers should send an e-mail to ecfs@fcc.gov, and include the following
words in the body of the message, ``get form.'' A sample form and
directions will be sent in response.
Paper Filers: Parties who choose to file by paper must file an
original and four copies of each filing. If more than one docket or
rulemaking number appears in 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 (although we continue 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.
The Commission's contractor will receive hand-delivered or
messenger-delivered paper filings for the Commission's Secretary at 236
Massachusetts Avenue, NE., Suite 110, Washington, DC 20002. The filing
hours at this location are 8 a.m. to 7 p.m. All hand deliveries must be
held together with rubber bands or fasteners. Any envelopes 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 9300 East Hampton Drive,
Capitol Heights, MD 20743.
U.S. Postal Service first-class, Express, and Priority mail should
be addressed to 445 12th Street, SW., Washington DC 20554.
People with Disabilities: To request materials in accessible
formats for people with disabilities (braille, large print, electronic
files, audio format), send an e-mail to fcc504@fcc.gov or call the
Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-
418-0432 (tty).
Initial Paperwork Reduction Act Analysis
This Second Further Notice of Proposed Rulemaking (``Second Further
[[Page 15147]]
Notice'') contains proposed information collection requirements subject
to the Paperwork Reduction Act of 1995. As part of our continuing
effort to reduce paperwork burdens, we invite OMB, the general public,
and other Federal agencies to take this opportunity to comment on the
information collections contained in this Second Further Notice, as
required by the Paperwork Reduction Act of 1995, Public Law 104-13.
Public and agency comments are due May 26, 2006. 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) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected; and (d) 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. 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 information collection burden on small
business concerns with fewer than 25 employees.'' In addition to filing
comments with the Secretary, a copy of any comments on the information
collections contained herein should be submitted to Cathy Williams,
Federal Communications Commission, 445 Twelfth Street, SW., Room 1-
C823, Washington, DC 20554, or via the Internet to
Cathy.Williams@fcc.gov and to Kristy L. LaLonde, OMB Desk Officer,
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the
Internet to Kristy--L. LaLonde@omb.eop.gov, or via fax at 202-395-5167.
OMB Control Number: 3063-0754.
Title: Children's Television Programming Report.
Form No: FCC Form 398.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities.
Number of Respondents: 1,962.
Estimated Time Per Response: 12 hours per quarter.
Frequency of Response: Recordkeeping requirement; Quarterly
reporting requirement.
Total Annual Burden: 94,176 hours.
Total Annual Costs: $3,139,200.
Privacy Act Impact Assessment: No impact(s).
Needs and Uses: This Second Further Notice of Proposed Rule Making
seeks comment on a Joint Proposal of Industry and Advocates on
Reconsideration of Children's Television Rules proposing changes to the
children's television rules adopted by the Commission in its 2004
Report and Order and Further Notice of Proposed Rule Making in MM
Docket 00-167, FCC 04-221, In the Matter of Children's Television
Obligations of Digital Television Broadcasters.
The Report and Order, MM Docket 00-167, FCC 04-221, adopted several
new requirements that added additional recordkeeping and reporting
requirements for licensees, including changes to FCC Form 398. In
addition, the Joint Proposal recommends changes to some of the
reporting and recordkeeping requirements, which would require
additional changes to FCC Form 398, if the Joint Proposal is adopted by
the Commission.
FCC Form 398 is required to be filed by commercial television
broadcast stations each calendar quarter. The form is used to provide
information of the efforts of commercial television stations to provide
children's educational and informational programs aired to meet their
obligation under the Children's Television Act of 1990 (CTA). The FCC
Form 398 assists in efforts by the public and the Commission to monitor
station compliance with the CTA.
Initial Regulatory Flexibility Analysis. As required by the
Regulatory Flexibility Act, 5 U.S.C. 603 the Commission has prepared an
Initial Regulatory Flexibility Analysis (IRFA) of the possible
significant economic impact on a substantial number of small entities
of the proposals addressed in this Second Further Notice of Proposed
Rulemaking. The IRFA is set forth in the Appendix of the Second Further
Notice. Written public comments are requested on the IRFA. These
comments must be filed in accordance with the same filing deadlines for
comments on the Second Further Notice, and they should have a separate
and distinct heading designating them as responses to the IRFA.
Additional Information. For additional information on this
proceeding, please contact Kim Matthews, Policy Division, Media Bureau
at (202) 418-2154, or Holly Saurer, Policy Division, Media Bureau at
(202) 418-7283.
For additional information concerning the Paperwork Reduction Act
information collection requirements contained in this document, contact
Cathy Williams at (202) 418-2918 or via the Internet at
Cathy.Williams@fcc.gov.
Accordingly, It is ordered that, pursuant to the authority
contained in sections 4(i) & (j), 303, 307, 309 and 336 of the
Communications Act of 1934 as amended, 47 U.S.C. 154(i) & (j), 303,
307, 309 and 336, this Second Further Notice of Proposed Rule Making is
adopted.
It is further ordered that the Commission's Consumer and
Governmental Affairs Bureau, Reference Information Center, will send a
copy of this Second Further Notice of Proposed Rule Making, including
the IRFA, to the Chief Counsel for Advocacy of the Small Business
Administration, in accordance with the Regulatory Flexibility Act.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 06-2921 Filed 3-24-06; 8:45 am]
BILLING CODE 6712-01-P