[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5919 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5919

 To empower parents to protect children from increasing depictions of 
                    indecent material on television.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2006

  Mr. Lipinski (for himself and Mr. Osborne) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To empower parents to protect children from increasing depictions of 
                    indecent material on television.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Family Choice Act of 2006''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Subscription television services have established a 
        pervasive presence in the lives of Americans, including 
        American children. Over 80 percent of American households 
        subscribe to multi-channel video programming. Approximately 
        58.6 percent of all households subscribe to cable television 
        service, and approximately 23 percent subscribe to direct 
        broadcast satellite (in this section referred to as ``DBS'') 
        service. Of those subscribing to cable service, 88 percent 
        subscribe to expanded basic service, while just 12 percent 
        subscribe only to basic service. Fewer than half of American 
        households subscribing to cable have digital cable service.
            (2) The substantial majority of American children have 
        access to multi-channel video programming in their home. 
        Approximately 74 percent of children from ages 2 through 18 
        live in homes with cable or DBS service, and 78 percent of 
        children under the age of 7 live in homes with such service. Of 
        those homes with children subscribing to cable service, the 
        vast majority subscribe to expanded basic cable service. 
        Approximately 20,900,000 households with children subscribe to 
        expanded basic cable service, while just 2,900,000 households 
        with children subscribe only to basic cable service.
            (3) American children, on average, spend a significant part 
        of their day watching television, including cable programming. 
        According to Nielsen Media Research, children ages 2 through 11 
        watch an average of 3 hours and 15 minutes of television per 
        day, and children ages 12 through 17 watch an average of 3 
        hours, 7 minutes of television per day. Children in homes with 
        subscriptions to multi-channel video programming watch, on 
        average, about 67 percent more television than children in 
        homes with only broadcast television service.
            (4) Many adults and most children do not distinguish 
        between broadcast channels and cable channels. Rather, they 
        view them as interchangeable and regularly switch between these 
        types of channels.
            (5) Children often watch television in the absence of 
        parental supervision. For example, many children watch 
        television when they are home alone after school while their 
        parents are still at work, and many children watch television 
        at friends' houses when their own parents are not present. A 
        Kaiser Family Foundation report in March 2005 found that 68 
        percent of children ages 8 through 18 have a television set in 
        their bedroom, and 37 percent have subscription multi-channel 
        video service in their bedrooms. Furthermore, according to the 
        Department of Education, 81 percent of children ages 2 through 
        7 sometimes watch television without adult supervision. 
        Additionally, a 2003 Kaiser Family Foundation White Paper found 
        that 91 percent of children ages 4 through 6 have turned on the 
        television by themselves.
            (6) Multichannel video programming distributors, such as 
        cable and DBS operators, are critical sources of video 
        programming, such as public affairs programming, news 
        programming and educational programming, which is not 
        duplicated by broadcast television. Cable operators on average 
        offer 25 channels in their basic tier of programming and 
        approximately 45 additional channels in their expanded basic 
        tier. Cable channels offering educational, informational, or 
        entertainment programming that is appropriate for or attractive 
        to children are generally included on the same expanded basic 
        tier as channels offering programming that is sexually 
        explicit. Parents are generally not given the choice of only 
        purchasing channels that carry programming that is appropriate 
        for children.
            (7) Indecent programming on channels carried on extended 
        basic cable service is pervasive. Sexually explicit material is 
        shown more than twice as often in original cable programming 
        than in broadcast programming.
            (8) Complaints about indecent cable programming have 
        increased exponentially in recent years. In 2004, the Federal 
        Communications Commission received 700 percent more cable 
        indecency complaints than it received in 2003.
            (9) Parents are concerned that indecent programming is 
        being aired on cable channels viewed by children. A Kaiser 
        Family Foundation White Paper has found that most parents 
        believe cable programming should be subject to the same 
        indecency rules as broadcast television. In addition, during 
        the first half of 2005, the Federal Communications Commission 
        received 10 or more complaints about alleged indecency or 
        obscenity on 20 different cable networks. Of these 20 cable 
        networks, 15 rank in the top 25 cable networks watched by 
        children ages 2 through 11 during prime time, and 17 rank in 
        the top 25 networks watched by children ages 12 through 17 
        during prime time. Most of the cable programs about which 
        indecency complaints have been filed with the Federal 
        Communications Commission aired during hours when many children 
        are watching television.
            (10) Because subscribers to multichannel video programming 
        and their children often ``channel-surf'' to find out what is 
        on television, they are susceptible to unexpected exposure to 
        unwanted content. Cable subscribers on average use their remote 
        control to sample more channels before choosing a program than 
        do those viewers who only receive over-the-air broadcasting, 
        thus making cable subscribers more susceptible to being 
        confronted by unwanted material. According to a study conducted 
        in 2002 by the Cable Television Administration & Marketing 
        Society, over 60 percent of cable subscribers use their remote 
        controls to ``channel-surf,'' that is, to find out what is on 
        television. Moreover, approximately 75 percent of children of 
        ages 4 through 6 have changed channels using a remote control 
        according to a 2003 Kaiser Family Foundation White Paper.
            (11) The ``v-chip'' does not effectively protect children 
        from indecent programming carried by multichannel video 
        programming distributors. According to a 2004 Survey by 
        Knowledge Networks SRI, most of the television sets currently 
        in use in the United States are not equipped with a v-chip, and 
        of the 280,000,000 sets currently in United States households, 
        approximately 161,000,000 are not equipped with a v-chip. 
        Households that have a television set with a v-chip are also 
        likely to have 1 or more sets that are not equipped with a v-
        chip, as found in a 2005 Broadcasting & Cable TVFAX article.
            (12) The ability to block channels pursuant to sections 
        624(d)(2) and 640 of the Communications Act of 1934 (47 U.S.C. 
        624(d)(2); 640) does not effectively protect children from 
        indecent programming carried by multichannel video programming 
        distributors.
            (13) A host of practical obstacles, including long waits 
        and blocking failures, currently frustrate parents who attempt 
        to rely on such options. This is especially true for those 
        cable subscribers who do not have digital cable service.
            (14) Because of the manner in which multichannel video 
        programming distributors currently bundle channels, most 
        multichannel video programming subscribers currently receive 
        and pay for numerous channels that they do not watch. According 
        to Nielsen Media Research, for example, households receiving 
        more than 70 networks only watch, on average, about 17 of these 
        networks.
            (15) While multichannel video programming distributors 
        currently provide subscribers with a variety of methods of 
        blocking the audio and video programming of any channel that 
        they do not wish to receive, such distributors generally do not 
        offer the subscriber a credit on account of such blocked 
        channel. Thus, subscribers must pay for channels included in 
        programming tiers even if they are blocked at the request of 
        the subscriber.
            (16) For those adults seeking to view programming for 
        mature audiences, there are many sources of such programming on 
        premium tiers currently offered by multichannel video 
        programming distributors. HBO and Showtime, for example, are 
        offered by the vast majority of cable and DBS services, and 
        both programmers carry content that is more sexually explicit 
        than what is available on broadcast channels. At least 98 
        percent of all cable systems offer premium channels and 42 
        percent of television households subscribe to 1 or more premium 
        channels.
            (17) Parents need more effective ways to limit the exposure 
        of children to television with harmful content by being able to 
        purchase cable programming that only contains programming that 
        is child-friendly.
            (18) The efforts to limit the exposure of children to 
        harmful television content have not been successful because 
        Federal regulatory agencies have not had the authority to 
        require cable and satellite providers to offer programming that 
        only contains programming that is child-friendly. Therefore, 
        legislation is necessary to give Federal regulatory agencies 
        the authority to combat this problem.

SEC. 3. DEFINITIONS.

    Section 602 of the Communications Act of 1934 (47 U.S.C. 522) is 
amended--
            (1) by striking ``For purposes of this title--'' and 
        inserting the following:
    ``(a) In General.--For purposes of this title--''; and
            (2) by adding at the end the following:
    ``(b) Additional Definitions.--In this title, the following 
definitions shall apply:
            ``(1) Expanded basic tier.--The term `expanded basic 
        tier'--
                    ``(A) means the tier of channels offered by a 
                multichannel video programming distributor that is most 
                frequently subscribed to by the subscribers of such 
                distributor other than the basic service tier; and
                    ``(B) includes channels offered in such basic 
                service tier.
            ``(2) Family tier of programming.--
                    ``(A) In general.--The term `family tier of 
                programming' means a tier of channels offered by a 
                multichannel video programming distributor that--
                            ``(i) includes all channels offered on the 
                        expanded basic tier of such distributor; and
                            ``(ii) does not include those channels 
                        offered on such expanded basic tier that carry 
                        programs that are rated TV-14 or TV-MA under 
                        the TV Parental Guidelines, as such ratings 
                        were approved by the Commission in 
                        implementation of section 551 of the 
                        Telecommunications Act of 1996, Video 
                        Programming Ratings, Report and Order, CS 
                        Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)), 
                        between the hours of 6 a.m. and 10 p.m., except 
                        to the extent that such programs are news 
                        programs or live sporting events.
                    ``(B) Authority of commission to modify 
                definition.--The Commission, by rule, may modify the 
                definition in subparagraph (A)--
                            ``(i) if the TV Parental Guidelines 
                        described in subparagraph (A) are modified; or
                            ``(ii) to better effectuate the purpose of 
                        this Act, including to protect children from 
                        indecent and profane video programming.
            ``(3) Live sporting event.--The term `live sporting event' 
        does not include--
                    ``(A) a scripted event; or
                    ``(B) any event where the outcome of such event is 
                determined before such event occurs.
            ``(4) Multichannel video programming service.--The term 
        `multichannel video programming service' means any video 
        programming service provided by a multichannel video 
        programming distributor.
            ``(5) Themed tier of channels.--The term `themed tier of 
        channels' means a tier of channels--
                    ``(A) in which each channel in such tier offers 
                programming in the same genre, such as a package of 
                sports channels or premium movie channels; and
                    ``(B) that are offered by a multichannel video 
                programming distributor for subscription separately 
                from other channels or tiers of channels.''.

SEC. 4. PROTECTING CHILDREN FROM INDECENT VIDEO PROGRAMMING.

    Part IV of title VI of the Communications Act of 1934 (47 U.S.C. 
551 et seq.) is amended by adding at the end the following:

``SEC. 642. PROVISION OF PROGRAMMING SUITABLE FOR CHILDREN BY 
              MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTORS.

    ``(a) Rulemaking.--
            ``(1) In general.--Not later than 270 days after the date 
        of enactment of this section, the Commission shall initiate and 
        conclude a rulemaking to adopt measures to protect children 
        from indecent video programming carried by a multichannel video 
        programming distributor.
            ``(2) Required content.--
                    ``(A) Obligations of mvpd's.--Any rule adopted 
                under paragraph (1) shall require a multichannel video 
                programming distributor to either--
                            ``(i) not transmit any material that is 
                        indecent or profane on any channel in the 
                        expanded basic tier of such distributor between 
                        the hours of 6 a.m. and 10 p.m., in accordance 
                        with the indecency and profanity policies and 
                        standards applied by the Commission to 
                        broadcasters, as such policies and standards 
                        are modified from time to time, including 
                        during any hours that indecent material is not 
                        allowed to be broadcast by such broadcasters;
                            ``(ii) fully scramble or otherwise fully 
                        block, without charge, the audio and video 
                        programming on any channel that a subscriber 
                        does not wish to receive, except that such 
                        distributor--
                                    ``(I) may not block--
                                            ``(aa) a channel required 
                                        to be on the basic tier of such 
                                        distributor pursuant to section 
                                        623(b)(7)(A); or
                                            ``(bb) any equivalent 
                                        channel on a direct broadcast 
                                        satellite service or other type 
                                        of multichannel video 
                                        programming service; and
                                    ``(II) may not be required to 
                                block--
                                            ``(aa) video programming 
                                        offered on a per-channel or 
                                        per-program basis; or
                                            ``(bb) video programming on 
                                        a themed tier of channels, 
                                        unless a subscriber does not 
                                        subscribe to such channel, 
                                        program, or tier; or
                            ``(iii) allow a subscriber to subscribe to 
                        a family tier of programming.
                    ``(B) Election of mvpd's.--Any rule adopted under 
                paragraph (1) shall--
                            ``(i) require a multichannel video 
                        programming distributor to notify, on an annual 
                        basis--
                                    ``(I) the Commission as to which 
                                option described in clauses (i) through 
                                (iii) of subparagraph (A) such 
                                distributor elects to follow; and
                                    ``(II) in writing, the subscribers 
                                of such distributor as to which option 
                                described in clauses (i) through (iii) 
                                of subparagraph (A) such distributor 
                                elects to follow;
                            ``(ii) allow, on an annual basis, each 
                        multichannel video programming distributor to 
                        change the election made by such distributor 
                        under clause (i).
                    ``(C) Scrambling options.--
                            ``(i) In general.--Any rule adopted under 
                        paragraph (1) shall require each multichannel 
                        video programming distributor that elects to 
                        follow the option described in subparagraph 
                        (A)(ii) to--
                                    ``(I) give any subscriber who 
                                elects to block any channel included in 
                                any service tier to which such 
                                subscriber subscribes a credit on the 
                                monthly bill of such subscriber for 
                                such blocked channel in an amount equal 
                                to the amount that such distributor 
                                pays for the right to provide such 
                                blocked channel to such subscriber, 
                                calculated in accordance with clause 
                                (ii); and
                                    ``(II) provide, at least on an 
                                annual basis, to each subscriber 
                                comprehensive written information 
                                concerning the amount of any credit 
                                that such subscriber would receive 
                                under subclause (I), if such subscriber 
                                elected to exercise such subscriber's 
                                right to block a particular channel 
                                included in any service tier to which 
                                such subscriber subscribes.
                            ``(ii) Calculation of credit.--The credit 
                        described in clause (i)(I) shall be calculated 
                        as follows:
                                    ``(I) If a multichannel video 
                                programming distributor pays a fee per 
                                subscriber for the right to provide a 
                                channel to the subscribers of such 
                                distributor, then the amount of such 
                                credit shall be equal to the amount of 
                                such per subscriber fee.
                                    ``(II) If a multichannel video 
                                programming distributor pays a fixed 
                                amount for the right to provide a 
                                channel to all or a specified number of 
                                subscribers of such distributor, then 
                                the amount of such credit shall be 
                                equal to an allocable share of such 
                                fixed amount.
                                    ``(III) If a multichannel video 
                                programming distributor does not pay 
                                for the right to provide a channel to 
                                the subscribers of such distributor, 
                                then a subscriber shall not be entitled 
                                to receive a credit under clause 
                                (i)(I).
                    ``(D) Family tier options.--Any rule adopted under 
                paragraph (1) shall require each multichannel video 
                programming distributor that elects to follow the 
                option described in subparagraph (A)(iii) to allow a 
                subscriber to the digital service offered by such 
                distributor to obtain the family tier of programming 
                for 1 or more of the video reception devices of such 
                subscriber, while at the same time obtaining other 
                service tiers for other video reception devices of such 
                subscriber.
    ``(b) Severability.--If any provision of this section, or the 
application thereof to any person or circumstance, is held to be 
unlawful, the remaining portions of this section not deemed unlawful 
shall--
            ``(1) not be affected thereby; and
            ``(2) remain in effect to the fullest extent permitted by 
        law.''.
                                 <all>