[Congressional Record Volume 151, Number 30 (Monday, March 14, 2005)]
[Senate]
[Pages S2649-S2652]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. ROCKEFELLER (for himself and Mrs. Hutchison):
  S. 616. A bill to inform the American public and to protect children 
from increasing depictions of indecent and gratuitous and excessive 
violent material on television, and for other purposes; to the 
Committee on Commerce, Science, and Transportation.
  Mr. ROCKEFELLER. Mr. President, to better protect our children and 
families from the increasingly indecent and violent images pervading 
our homes, I am introducing with Senator Hutchison the Indecent and 
Gratuitous and Excessively Violent Programming Control Act of 2005. I 
believe this to be a crucial issue with far-reaching implications for 
our young people and for our country, and I strongly encourage my 
colleagues to join me in seeing that this bill is enacted and sent to 
the President for his signature.
  Each day, and for hours and hours every day, broadcast, cable, and 
satellite television outlets indiscriminately barrage our children and 
families with indecent and violent images. Our children don't 
differentiate between sources of their programs, and neither should the 
law. Not only does the pervasive nature of indecent programming coarsen 
our society, but also its effects are being felt in our homes, in our 
schools, and on our streets. I cannot tell you how many parents and 
educators have told me that the behavior of the children in their care 
is bad and getting worse, and that they blame what these kids are 
seeing on television for much of the problem.
  The Indecent and Gratuitous and Excessively Violent Programming 
Control Act is not intended to limit artistic expression, nor is it my 
purpose to impose the will of Congress on decisions that properly 
belong to parents. What I hope to do with this legislation is to give 
parents and broadcasters, especially local affiliates, a set of tools 
they can use to control the violence and lewdness being beamed into 
their homes and communities. To help parents determine what is 
appropriate programming for their children to watch, this legislation 
mandates meaningful labeling of violent and indecent programming to 
include a full-screen, 30-second warning every 30 minutes on broadcast, 
cable, and satellite programming. To help local broadcasters determine 
what appropriate programming for their communities is, the bill would 
allow local broadcasters to refuse to air programming that they believe 
violates their own community standards, and protects local broadcasters 
from fines levied for broadcast decisions imposed on them by national 
networks. I believe local broadcasters in West Virginia and across the 
country know what the standards of decency are in their own 
communities, but currently are at the mercy of the national networks. 
We need to give them the tools to follow community standards, and 
protect them when a national network forces them to air harmful 
programming.
  The Indecent and Gratuitous and Excessively Violent Programming 
Control Act will require the Federal Communication Commission to begin 
comprehensive review of existing technologies to protect our children 
from gratuitous and excessively violent programming on broadcast 
television. My bill would require the FCC to assess the effectiveness 
of both the current voluntary ratings system and the ``V-Chip'' and 
other content-blocking technologies. I supported both voluntary 
announcements and requiring television manufacturers to install the V-
Chip. I believe that both can be beneficial to parents who seek to 
limit what their kids are seeing. But I acknowledge--as every parent in 
a house with a television must that kids will seek out inappropriate 
content, and will attempt to find a way around whatever warnings or 
technological fixes we put in place to control their access to that 
content.
  This legislation calls upon the FCC to recommend improved techniques 
or additional technologies that will help parents protect their 
children from material that could harm them or incite them to harm 
others. Specifically, if the FCC cannot affirm that these technologies 
are practically effective in protecting children then 1. create a 
``safe harbor'' or other mechanism to protect children from gratuitous 
and excessively violent programming on

[[Page S2650]]

broadcast television and 2. Require the least restrictive means to 
protect children from indecency and gratuitous and excessive violence 
for cable and satellite programming.
  This should not be an ad hoc judgment made out of fear of the FCC on 
the part of broadcasters, but instead a bright line test that artists, 
television networks, advertisers, and cable and satellite providers 
and, most importantly, parents can rely on. Because programming that is 
excessively violent or promotes violence is every bit as damaging to 
our youth as is content depicting sexuality in gratuitous or prurient 
manner, we must address both issues.
  The Indecent and Violent Programming Control Act would increase fines 
the FCC could impose on broadcasters from $27,500 to $500,000 and gives 
the FCC the appropriate authority to double fines bases on certain 
circumstances. While I believe indecent programming transmitted against 
national and community standards, or against the wishes of adult 
consumers, must be punished, I also believe that most broadcasters are 
responsible and are interested in providing wholesome entertainment. As 
a means of self-policing, I have included a Sense of Congress that 
broadcast television outlets, as well as cable and satellite providers, 
abide by the ``Television Code of National Association of 
Broadcasters.''
  Finally, and this may be the most important part of the bill, my 
legislation mandates that all broadcasters, be they network, cable, or 
satellite, to double the amount of children's programming they are 
required to show each week. Whatever one believes about other parts of 
the legislation I am introducing here today, I would hope that my 
colleagues would be pleased and proud to see this provision enacted. 
What might surprise my colleagues, and indeed most Americans, is that 
broadcasters are currently only required to show three hours of 
children's content a week. When you consider that what passes for 
children's content often amounts to little more than advertisements for 
products aimed at children, this is a travesty.
  I welcome a vigorous and healthy debate on the issue of indecent 
programming aimed at children. We owe it to our children, and to the 
nation, to take up these challenging questions, and resolve to find 
ways to protect kids, encourage creativity, and pay allegiance to the 
Constitution. I believe the Indecent and Gratuitous and Excessively 
Violent Programming Control Act is a vital step toward that goal.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 616

       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 ``Indecent and Gratuitous and 
     Excessively Violent Programming Control Act of 2005''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Increasingly, parents, educators, and families are 
     concerned about the material that is broadcast on television 
     and radio, and the effect such material has on America's 
     children.
       (2) Television influences children's perception of the 
     values and behavior that are common and acceptable in 
     society.
       (3) Broadcast television, cable television, and video 
     programming are--
       (A) uniquely pervasive presences in the lives of all 
     American children; and
       (B) readily accessible to all American children.
       (4) 85.1 percent of all American homes subscribe to multi-
     channel video programming.
       (5) Complaints about indecent programming have grown 
     exponentially in the last five years.
       (6) In 2004, Americans filed over 1,000,000 complaints with 
     the Federal Communications Commission about indecent 
     programming.
       (7) According to reports from the Parents Television 
     Council, indecent and violent video programming on cable 
     television is pervasive.
       (8) Studies also show that parents are increasingly 
     concerned. According to the Kaiser Family Foundation, more 
     than 4 out of 5 parents are concerned that their children are 
     being exposed to too much sex on television.
       (9) Violent video programming influences children, as does, 
     indecent programming.
       (10) The American Association of Pediatrics, the American 
     Psychological Association, the American Medical Association, 
     and the U.S. Surgeon General have all documented the harm 
     from watching excessive television violence on children.
       (11) There is empirical evidence that children exposed to 
     violent video programming at a young age have a higher 
     tendency to engage in violent and aggressive behavior later 
     in life than those children not so exposed.
       (12) There is empirical evidence that children exposed to 
     violent video programming have a greater tendency to assume 
     that acts of violence are acceptable behavior and therefore 
     to imitate such behavior.
       (13) There is empirical evidence that children exposed to 
     violent video programming have an increased fear of becoming 
     a victim of violence, resulting in increased self-protective 
     behaviors and increased mistrust of others.
       (14) There is a compelling governmental interest in 
     limiting the negative influences of violent video programming 
     on children.
       (15) A significant amount of violent video programming that 
     is readily accessible to minors remains unrated specifically 
     for violence and therefore cannot be blocked solely on the 
     basis of its violent content.
       (16) Age-based ratings that do not include content rating 
     for violence do not allow parents to block programming based 
     solely on violent content thereby rendering ineffective any 
     technology-based blocking mechanism designed to limit violent 
     video programming.
       (17) Technology-based solutions, such as the V-chip, may be 
     helpful in protecting some children, but cannot achieve the 
     compelling governmental interest in protecting all children 
     from violent video programming when parents are only able to 
     block programming that has, in fact, been rated for violence.
       (18) Restricting the hours when violent video programming 
     can be shown to protect the interests of children whose 
     parents are unavailable, unable to supervise their children's 
     viewing behavior, do not have the benefit of technology-based 
     solutions, are unable to afford the costs of technology-based 
     solutions, or are unable to determine the content of those 
     shows that are only subject to age-based ratings.
       (19) After further study, pursuant to a rulemaking, the 
     Federal Communications Commission may conclude that content-
     based ratings and blocking technology do not effectively 
     protect children from the harm of violent video programming.
       (20) If the Federal Communications Commission reaches the 
     conclusion described in paragraph (19), the channeling of 
     violent video programming will be the least restrictive means 
     of limiting the exposure of children to the harmful 
     influences of violent video programming.

     SEC. 3. DEFINITIONS.

       As used in this Act:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Multichannel video programming distributor.--The term 
     ``multichannel video programming distributor'' has the same 
     meaning given such term in section 602 of the Communications 
     Act of 1934 (47 U.S.C. 522).
       (3) Other programming service.--The term ``other 
     programming service'' has the same meaning given such term in 
     section 602 of the Communications Act of 1934 (47 U.S.C. 
     522).

     SEC. 4. EFFECTIVENESS OF MEASURES PROTECTING CHILDREN FROM 
                   INDECENT AND VIOLENT VIDEO PROGRAMMING.

       (a) Assessment.--The Commission shall assess--
       (1) the technological and practical effectiveness of 
     statutory and regulatory measures that require television 
     broadcast station licensees and multichannel video 
     programming distributors to rate and encode programming that 
     could be blocked by parents, including use of the technology 
     required by the Commission's Report and Order, ET Docket 97-
     206, under section 303(x) of the Communications Act of 1934 
     (47 U.S.C. 303(x)), in accomplishing their intended purposes;
       (2)(A) the prevalence of violent programming on television;
       (B) the effectiveness of the current system for rating and 
     encoding violent television programming, including--
       (i) an assessment of consumer awareness of the current 
     ratings system; and
       (ii) an assessment of whether current ratings are self-
     administered or performed by independent organizations; and
       (3) the technological and practical effectiveness of 
     measures used by multichannel video programming distributors 
     to protect children from exposure to--
       (A) indecent video programming; and
       (B) gratuitous and excessively violent video programming.
       (b) Reports.--Not later than 60 days after the date of 
     enactment of this Act and annually thereafter, the Commission 
     shall report its findings from the assessments made under 
     subsection (a) to the Committee on Commerce, Science, and 
     Transportation of the United States Senate and the Committee 
     on Energy and Commerce of the United States House of 
     Representatives.
       (c) Rulemaking Proceeding.--
       (1) In general.--If the Commission determines, on the basis 
     of an assessment under subsection (a), that a measure 
     described in subsection (a) is not effective in protecting

[[Page S2651]]

     children from exposure to gratuitous and excessively violent 
     video programming on television broadcasts, or from exposure 
     to indecent video programming or gratuitous and excessively 
     violent video programming carried by multichannel video 
     programming distributors, then the Commission shall initiate 
     and conclude (not later than 270 days after the date of that 
     determination) a rulemaking proceeding--
       (A) to prohibit television broadcast station licensees from 
     broadcasting gratuitous and excessively violent programming 
     during the hours when children are reasonably likely to 
     comprise a substantial portion of the audience if the 
     Commission's determination relates to measures applicable to 
     such broadcast television programming; or
       (B) to adopt measures to protect children from indecent 
     video programming, or gratuitous and excessively violent 
     video programming, as the case may be, carried by 
     multichannel video programming distributors during the hours 
     when children are reasonably likely to comprise a substantial 
     portion of the audience if the Commission's determination 
     relates to measures applicable to such multichannel video 
     programming.
       (2) Exemptions.--The Commission may exempt from any 
     prohibition or measure promulgated under paragraph (1)--
       (A) video programming the broadcast or carriage of which 
     does not conflict with the objective of protecting children 
     from access to--
       (i) indecent programming; or
       (ii) gratuitous and excessively violent video programming; 
     and
       (B) premium and pay-per-view services.
       (d) Enforcement.--The forfeiture penalties established by 
     section 503(b) of the Communications Act of 1934 (47 U.S.C. 
     503(b)) shall apply to a violation of any regulation 
     promulgated under subsection (c) in the same manner as if it 
     were a violation of a provision of that Act subject to a 
     forfeiture penalty under section 503 of that Act.
       (e) Definitions.--In this section:
       (1) Gratuitous and excessively violent video programming.--
     The Commission shall define the term ``gratuitous and 
     excessively violent video programming'' for purposes of this 
     section. In defining it, the Commission--
       (A) may include matter that is excessive or gratuitous 
     violence within the meaning of the 1992 Broadcast Standards 
     for the Depiction of Violence in Television Programs, 
     December, 1992; and
       (B) shall take into account the findings set forth in 
     section 551(a) of the Telecommunications Act of 1996 (47 
     U.S.C. 303 note).
       (2) Hours when children are reasonably likely to comprise a 
     substantial portion of the audience.--The Commission shall 
     define the term ``hours when children are reasonably likely 
     to comprise a substantial portion of the audience'' for 
     purposes of this section.
       (3) Indecent video programming.--The Commission shall 
     define the term ``indecent video programming'' for purposes 
     of this section.
       (4) Television broadcast station licensee.--The term 
     ``television broadcast station licensee'' means the licensee 
     or permittee of a television broadcast station licensed or 
     permitted by the Federal Communications Commission under 
     title III of the Communications Act of 1934 (47 U.S.C. 301 et 
     seq.).

     SEC. 5. IMPROVED ENFORCEMENT OF INDECENCY ON BROADCAST 
                   PROGRAMMING.

       (a) In General.--Section 503(b)(2) of the Communications 
     Act of 1934 (47 U.S.C. 503(b)(2)) is amended--
       (1) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (2) by inserting after subparagraph (B) the following new 
     subparagraph:
       ``(C) Notwithstanding subparagraph (A), if the violator 
     is--
       ``(i)(I) a broadcast station licensee or permittee; or
       ``(II) an applicant for any broadcast license, permit, 
     certificate, or other instrument or authorization issued by 
     the Commission; and
       ``(ii) determined by the Commission under paragraph (1) to 
     have broadcast obscene, indecent, or profane language or 
     images,

     the amount of any forfeiture penalty determined under this 
     subsection shall not exceed $500,000, with each utterance 
     constituting a separate violation, except that the amount 
     assessed a licensee or permitee for any number of violations 
     in a given 24-hour time period shall not exceed a total of 
     $3,000,000. In determining the amount of any forfeiture 
     penalty under this subparagraph, the Commission, in addition 
     to the elements identified in subparagraph (E), shall take 
     into account the violator's ability to pay, including such 
     factors as the revenue and profits of the broadcast stations 
     that aired the obscene, indecent, or profane language and the 
     size of the markets in which these stations are located.'';
       (3) in subparagraph (D), as redesignated by paragraph (1), 
     by striking ``subparagraph (A) or (B)'' and inserting 
     ``subparagraph (A), (B), or (C)''.
       (b) Additional Factors in Indecency Penalties; Exception.--
     Section 503(b)(2) of the Communications Act of 1934 (47 
     U.S.C. 503(b)(2)), as amended by subsection (a) of this 
     section, is amended by adding at the end the following:
       ``(F) In the case of a violation in which the violator is 
     determined by the Commission under paragraph (1) to have 
     uttered obscene, indecent, or profane material, the 
     Commission shall take into account, in addition to the 
     matters described in subparagraph (E), the following factors 
     with respect to the degree of culpability of the violator:
       ``(i) Whether the material uttered by the violator was live 
     or recorded, scripted or unscripted.
       ``(ii) Whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material.
       ``(iii) If the violator originated live or unscripted 
     programming, whether a time delay blocking mechanism was 
     implemented for the programming.
       ``(iv) The size of the viewing or listening audience of the 
     programming.
       ``(v) The size of the market.
       ``(vi) Whether the violation occurred during a children's 
     television program (as such term is used in the Children's 
     Television Programming Policy referenced in section 
     73.4050(c) of the Commission's regulations (47 C.F.R. 
     73.4050(c)) or during a television program rated TVY, TVY7, 
     TVY7FV, or TVG 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)), and, with respect to a radio 
     broadcast station licensee, permittee, or applicant, whether 
     the target audience was primarily comprised of, or should 
     reasonably have been expected to be primarily comprised of, 
     children.
       ``(G) The Commission may double the amount of any 
     forfeiture penalty if the Commission determines additional 
     factors are present which are aggravating in nature, 
     including--
       ``(i) whether the material uttered by the violator was 
     recorded or scripted;
       ``(ii) whether the violator had a reasonable opportunity to 
     review recorded or scripted programming or had a reasonable 
     basis to believe live or unscripted programming would contain 
     obscene, indecent, or profane material;
       ``(iii) whether the violator failed to block live or 
     unscripted programming;
       ``(iv) whether the size of the viewing or listening 
     audience of the programming was substantially larger than 
     usual, such as a national or international championship 
     sporting event or awards program; and
       ``(v) whether the violation occurred during a children's 
     television program (as defined in subparagraph (F)(vi)).
       ``(H) For purposes of this section, the Commission shall 
     have the authority to impose a forfeiture penalty on any 
     broadcast station (as defined in section 153), network 
     station, nationally distributed superstation, or television 
     network (as those terms are defined in section 339).''.
       (c) Public Hearings for Violations of Indecency 
     Prohibitions.--Section 503 of the Communications Act of 1934 
     (47 U.S.C. 503) is amended by adding at the end the following 
     new subsection:
       ``(c) Public Hearings for Violations of Indecency 
     Prohibitions.--
       ``(1) In general.--In any proceeding initiated under this 
     section in which the Commission issues a notice of apparent 
     liability, but prior to its imposition of a forfeiture 
     penalty, the Commission or designees of the Commission shall 
     conduct public hearings or forums at the discretion of the 
     Commission or its designees, at any time and place the 
     Commission or its designees is able to secure facilities and 
     witnesses, for the purpose of carrying out the duties of the 
     Commission and to ascertain the concerns and interests of the 
     affected viewing communities exposed to the broadcast.
       ``(2) Combined hearings.--If a broadcast results in the 
     initiation of multiple proceedings and the issuance of 
     multiple notices of apparent liability, but prior to the 
     imposition of multiple forfeiture penalties, the Commission 
     or its designee may combine the hearings required under 
     paragraph (1).''.

     SEC. 6. LOCAL BROADCASTING AUTHORITY TO PREEMPT PROGRAMMING.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et. seq.) is amended by adding at the end the 
     following:

     ``SEC. 340. LOCAL BROADCASTING AUTHORITY TO PREEMPT 
                   PROGRAMMING DEEMED OBSCENE OR INDECENT.

       ``(a) Local Broadcaster Ability to Review Programming in 
     Advance.--A broadcast station licensee or permittee that 
     receives programming from a network organization, but that is 
     not owned or controlled, or under common ownership or control 
     with, such network organization, shall be given reasonable 
     opportunity to review all recorded or scripted programming in 
     advance.
       ``(b) Authority to Preempt.--A broadcast station licensee 
     or permittee described in subsection (a)--
       ``(1) may decide not to broadcast, or otherwise preempt, in 
     whole or in part and without penalty, any programming that it 
     reasonably believes depicts or describes--
       ``(A) obscene, indecent, profane, or gratuitous and 
     excessively violent material; or
       ``(B) activities that would be patently offensive as 
     measured by the community standards of the community in which 
     they operate; and

[[Page S2652]]

       ``(2) shall notify, in advance, the network organization of 
     any decision not to broadcast, or otherwise preempt, any 
     programming under paragraph (1).
       ``(c) Exemption From Penalty.--A broadcast station licensee 
     or permittee described in subsection (a) shall not be subject 
     to a forfeiture penalty under section 503(b)(2) for the 
     broadcast of a program found to be in violation of section 
     503(b)(1), if the broadcast station licensee or permittee 
     prior to such broadcast was--
       ``(1) required by a network organization to broadcast the 
     program which was recorded or scripted, regardless of such 
     broadcast station licensee or permittee's decision not to 
     broadcast, or otherwise preempt, the program under subsection 
     (b);
       ``(2) not provided a reasonable opportunity to review the 
     program; or
       ``(3) required to broadcast the program which was 
     unscripted, live, or otherwise presented without a time delay 
     blocking mechanism.
       ``(d) Limitation.--Nothing in this section shall preclude 
     the imposition of a forfeiture penalty under section 
     503(b)(2) against a network organization or its owned and 
     operated affiliate.
       ``(e) Definition.--The Commission shall by rule define the 
     term `network organization' for purposes of this section.''.

     SEC. 7. WARNINGS BASED ON CONTENT OF PROGRAMMING.

       Part I of title III of the Communications Act of 1934 (47 
     U.S.C. 301 et seq.), as amended by section 6, is amended by 
     adding at the end the following:

     ``SEC. 341. WARNINGS BASED ON CONTENT OF PROGRAMMING.

       ``(a) In General.--Each television and radio broadcast 
     licensee, multichannel video programming distributor, or 
     other programming service shall provide a warning of the 
     specific content of each recorded or scripted program it 
     broadcasts.
       ``(b) Warning Standards.--A warning provided under 
     subsection (a) shall--
       ``(1) include information regarding the language content, 
     sexual content, and violence content of the program to be 
     broadcast or distributed;
       ``(2) be broadcast or distributed so as--
       ``(A) to appear in both visible and audible form;
       ``(B) to appear full screen for 30 seconds at the beginning 
     of the program, and every 30 minutes thereafter in the case 
     of a program in excess of 30 minutes in length; and
       ``(C) to advise viewers of their ability to block any such 
     program, including programs containing gratuitous and 
     excessively violent material, using V-chip technology to 
     block display of programs with a common rating required under 
     subsection (x) of section 303.
       ``(c) Review.--The Commission shall, from time to time, 
     review the warnings on the content of broadcast programming 
     required under this section for the purpose of assuring that 
     such warnings meet the requirements of this section.
       ``(d) Definitions.--As used in this section, the terms 
     `multichannel video programming distributor' and `other 
     programming service' have the same meaning given such terms 
     in section 602.
       ``(e) Limitation.--Nothing in this section shall be deemed 
     or construed to relieve, preclude, or obviate the application 
     of the ratings standards set forth in the TV Parental 
     Guidelines (Video Programming Ratings, Report and Order, CS 
     Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)) as such 
     voluntary ratings were established by the National 
     Association of Broadcasters, the National Cable Television 
     Association, and the Motion Picture Association of America 
     and approved by the Commission in implementation of section 
     551.''.

     SEC. 8. ASSESSMENT OF THE EFFECTIVENESS OF VOLUNTARY RATING 
                   STANDARDS.

       The Commission shall--
       (1) assess the effectiveness of measures designed to 
     provide parents with timely information about the rating of 
     upcoming broadcast programming under the TV Parental 
     Guidelines (Video Programming Ratings, Report and Order, CS 
     Docket No. 97-55, 13 F.C.C. Rcd. 8232 (1998)) as such 
     voluntary ratings were established by the National 
     Association of Broadcasters, the National Cable Television 
     Association, and the Motion Picture Association of America 
     and approved by the Commission in implementation of section 
     551 of the Telecommunications Act of 1996;
       (2) assess the technical feasibility of developing ratings 
     systems from alternative sources; and
       (3) not later than 180 days after the date of enactment of 
     this Act, report its findings based on the assessment under 
     paragraphs (1) and (2) to the Committee on Commerce, Science, 
     and Transportation of the United States Senate and the 
     Committee on Energy and Commerce of the United States House 
     of Representatives.

     SEC. 9. CHILDREN'S PROGRAMMING REQUIREMENTS.

       (a) Increase in Amount of Educational and Informational 
     Programming for Children.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Commission shall promulgate 
     regulations in accordance with section 102(a) of the 
     Children's Television Act of 1990 (47 U.S.C. 303a(a)), to 
     require that each television broadcast licensee broadcast not 
     less than 6 hours of programming specifically designed to 
     serve the educational and informational needs of children 
     during hours when children are reasonably likely to comprise 
     a substantial portion of the audience.
       (2) Proportional increase for digital television 
     multicasts.--In response to the requirements of section 
     309(j)(14), the Commission shall promulgate regulations in 
     accordance with section 102(a) of the Children's Television 
     Act of 1990 (47 U.S.C. 303a(a)), to require each television 
     broadcast licensee providing digital multicasts to provide an 
     amount of time to broadcast programming specifically designed 
     to serve the educational and informational needs of children 
     during hours when children are reasonably likely to comprise 
     a substantial portion of the audience in the same ratio to 
     its total amount of time provided to such children's 
     programming on its main stream under paragraph (1) bears to 
     the total amount of time provided to all programming during 
     the hours when children are reasonably likely to comprise a 
     substantial portion of the audience.
       (b) Report.--The Commission shall amend its regulations to 
     require each television broadcast licensee to file, 
     regularly, a report on how it met, for the year in review, 
     its obligations to serve the educational and informational 
     needs of children in accordance with section 102(a) of the 
     Children's Television Act of 1990 (47 U.S.C. 303a(a)).
       (c) Website Requirement.--The Commission shall amend its 
     regulations to require each television broadcast licensee for 
     which there is a publicly accessible website on the 
     Internet--
       (1) to make its report available to the public on that 
     website; or
       (2) to provide a hyperlink on that website to the report on 
     the Commission's website.

     SEC. 10. REINSTATEMENT OF VOLUNTARY CODE OF CONDUCT.

       (a) Voluntary Industry Code of Conduct Governing Content of 
     Broadcast Programming.--It is the sense of the Congress that 
     each television and radio broadcast licensee, multichannel 
     video programming distributor, or other programming service 
     should reinstitute or adopt, as the case may be, and 
     faithfully comply with, the provisions set forth in the 
     ``Television Code of the National Association of 
     Broadcasters'' as adopted on December 6, 1951, with 
     amendments thereafter, by the Television Board of the 
     National Association of Broadcasters, formerly known as the 
     National Association of Radio and Television Broadcasters.
       (b) Antitrust Exemption.--
       (1) In general.--The antitrust laws as defined in 
     subsection (a) of the first section of the Clayton Act (15 
     U.S.C. 12) and the law of unfair competition under section 5 
     of the Federal Trade Commission Act (15 U.S.C. 45) shall not 
     apply to any joint discussion, consideration, review, action, 
     or agreement by or among television and radio broadcast 
     licensees, multichannel video programming distributors, or 
     other programming services for the purpose of, and limited 
     to, developing and disseminating voluntary guidelines 
     designed to provide a code of conduct regarding the content 
     of broadcast programs.
       (2) Exception.--The exemption provided for in this 
     subsection shall not apply to any joint discussion, 
     consideration, review, action, or agreement which results in 
     a boycott of any person, corporation, advertiser, or 
     industry.

     SEC. 11. PREMIUM AND PAY-PER-VIEW CHANNELS EXEMPT.

       (a) In General.--Nothing in this Act shall be deemed or 
     construed to apply to any premium or pay-per-view service.
       (b) Definition.--For the purpose of this section, the term 
     ``premium or pay-per-view service'' shall mean any video 
     programming provided by a multichannel video programming 
     distributor that is offered on a per channel or per program 
     basis.
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