On July 13, 2018, the FCC released the text of a Notice of Proposed Rulemaking (“NPRM”) that, consistent with the draft item released in June, proposes sweeping changes to the current children’s television programming rules. Comments on the FCC’s proposals are due September 24, 2018 and replies are due October 23, 2018.
In the NPRM, the Commission points to several catalysts for modifying its “outdated” children’s programming rules, including broadcasters’ ability to carry more than one digital programming stream and the decline in “appointment viewing” as viewers increasingly access programming on demand. Recognizing that the Children’s Television Act (“CTA”) requires television stations to provide some amount of programming specifically designed to meet the educational and informational needs of children – which the FCC has labeled “Core Programming” – the agency does not propose a wholesale repeal of its children’s programming requirements. However, the NPRM seeks comment on nearly every aspect of the Commission’s current rules and aims to give broadcasters increased flexibility to choose how to serve the educational and informational needs of children. Specifically, comments are sought on proposals to (i) revise the FCC’s definition of Core Programming, (ii) relax the agency’s renewal processing guidelines, (iii) revisit the Commission’s rules that require Core Programming on multicast channels, and (iv) reconsider the agency’s preemption policies. Continue Reading