[Federal Register Volume 62, Number 196 (Thursday, October 9, 1997)]
[Proposed Rules]
[Pages 52677-52679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26700]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 15, 73, 74, and 76
[ET Docket No. 97-206; FCC 97-340]
Technical Requirements To Enable Blocking of Video Programming
Based on Program Ratings
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: By this Notice of Proposed Rule Making (``NPRM''), the
Commission proposes to amend its rules to require that most television
receivers be equipped with features that enable viewers to block the
display of video programming with a common rating. Furthermore, the
Commission proposes to amend its rules to ensure the ratings
information that is associated with a particular video program is not
deleted from transmission by broadcast television stations, low power
television stations, television translator and booster stations, and
cable television systems. The Commission also proposes that similar
requirements should be placed on other services that can be used to
distribute video programming to the home, such as Multipoint
Distribution Services (MDS) and Direct Broadcast Satellite Service
(DBS). This action is taken in response to the Parental Choice in
Television Programming requirements contained in section 551 (c), (d),
and (e) of the Telecommunications Act of 1996 (Pub. L. No. 104-104, 111
Stat. 56), which amended sections 303 and 330 of the Communications Act
of 1934 (47 U.S.C. 303 and 330). The proposals contained in this NPRM
are intended to give parents the ability to block video programming
that they do not want their children to watch.
DATES: Comments must be filed on or before November 24, 1997, and reply
comments must be filed on or before December 8, 1997.
FOR FURTHER INFORMATION CONTACT:
Neal McNeil, Office of Engineering and Technology, (202) 418-2408.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Proposed Rulemaking, ET Docket 97-206, FCC 97-340, adopted September
25, 1997 and released September 26, 1997. The full text of this
document is available for inspection and copying during regular
business hours in the FCC Reference Center, Room 239, 1919 M Street,
NW, Washington, DC. The complete text of this document also may be
purchased from the Commission's
[[Page 52678]]
duplication contractor, International Transcription Service, Inc.,
(202) 857-3800, 1231 20th Street, NW, Washington, DC 20036.
Summary of Notice of Proposed Rule Making
1. In the Telecommunications Act of 1996 (the Telecommunication
Act), Congress determined that parents should be provided ``with timely
information about the nature of upcoming video programming and with the
technological tools that allow them easily to block violent, sexual, or
other programming that they believe harmful to their children * * *.''
Accordingly, Congress (1) mandated the inclusion in most new television
receivers of the so-called ``V-chip'' technology, which will enable
viewers to block the display of all programs with a common rating, and
(2) authorized the Commission to ``Prescribe * * * guidelines and
recommended procedures for the identification and rating of (such)
video programming, * * *'' if distributors of video programming do not
establish acceptable voluntary procedures within one year.
2. With respect to V-chip technology, section 551(c) of the
Telecommunications Act directs the Commission to adopt rules requiring
that any ``apparatus designed to receive television signals that are
shipped in interstate commerce or manufactured in the United States and
that have a picture screen 13 inches or greater in size (measured
diagonally) * * * be equipped with a feature designed to enable viewers
to block display of all programs with a common rating * * *.'' Section
551(d) states that the Commission must ``require that all such
apparatus be able to receive the rating signals which have been
transmitted by way of line 21 of the vertical blanking interval * *
*.'' That provision also instructs the Commission to oversee ``the
adoption of standards by industry for blocking technology,'' and to
ensure that blocking capability continues to be available to consumers
as technology advances.
3. With respect to the ratings, the Telecommunications Act directs
the Commission to establish a program ratings system, but only if the
Commission determines that distributors of video programming have not:
(1) Established voluntary rules for rating video programming that
contains sexual, violent, or other indecent material about which
parents should be informed before it is displayed to children, and such
rules are ``acceptable to the Commission;'' and (2) agreed voluntarily
to broadcast signals that contain ratings of such programming.
Distributors of video programming were given 1 year from the date of
enactment of the Telecommunications Act, until February 8, 1997, to
meet these requirements.
4. The Commission Is adopting this Notice of Proposed Rulemaking to
begin the process of requiring television manufacturers to include
blocking technology in their television receivers and to ensure that
any ratings information that is provided with video programming is
transmitted to the television receiver intact and without disruption by
any broadcast, cable television, or other video programming
distribution service.
Initial Regulatory Flexibility Analysis
5. As required by section 603 of the Regulatory Flexibility Act,\1\
the Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected significant economic impact on small entities by
the policies and rules proposed in this Notice of Proposed Rule Making
(Notice). Written public comments are requested on the IRFA. Comments
must be identified as responses to the IRFA and must be filed by the
deadlines for comments on the Notice provided above. The Secretary
shall send a copy of this Notice, including the IRFA, to the Chief
Counsel for Advocacy of the Small Business Administration in accordance
with paragraph 603(a) of the Regulatory Flexibility Act.
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\1\ 5 U.S.C. 603.
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A. Need for and Objectives of the Proposed Rules
6. The proposed rules are intended to address the Parental Choice
in Television Programming requirements contained in section 551(c) and
551(d) of the Telecommunications Act of 1996.\2\ Congress has
determined that parents should be provided ``with timely information
about the nature of upcoming video programming and with the
technological tools that allow them to block violent, sexual, or other
programming that they believe harmful to children. Accordingly,
Congress (1) mandated the inclusion in most new television receivers of
the so-called ``V-chip'' technology, which will be capable of reading
program ratings and blocking programming, if requested, and (2)
authorized the Commission to establish a rating system and rules
requiring the transmission of program ratings if distributors of video
programming do not establish acceptable voluntary procedures within one
year.
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\2\ Pub. L. 104-104, 111 Stat. 56 (1996).
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B. Legal Basis
7. The proposed action is taken pursuant to sections 4(i), 303(f),
303(r), 303(v), 303(x), and 330(c) of the Communications Act of 1934,
as amended, 47 U.S.C. 154(i), 303(f), 303(v), 303(x), and 330(c).
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
8. For the purposes of this Notice, the RFA defines a ``small
business'' to be the same as a ``small business concern'' under the
Small Business Act, 15 U.S.C. 632, unless the Commission has developed
one or more definitions that are appropriate to its activities.\3\
Under the Small Business Act, a small business concern is one that: (1)
Is independently owned and operated; (2) is not dominant in its field
of operation; and (3) meets any additional criteria established by the
Small Business Administration (SBA).\4\
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\3\ See 5 U.S.C. 601(3).
\4\ 15 U.S.C. 632.
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9. The Commission has not developed a definition of small entities
applicable to V-chip technology. Therefore, we will utilize the SBA
definition applicable to manufacturers of Radio and Television
Broadcasting and Communications Equipment. According to the SBA's
regulations, television equipment manufacturers must have 750 or fewer
employees in order to qualify as a small business concern.\5\ Census
Bureau data indicates that there are 858 U.S. companies that
manufacture radio and television broadcasting and communications
equipment, and that 778 of these firms have fewer than 750 employees
and would be classified as small entities.\6\ The Census Bureau
category is very broad, and specific figures are not available as to
how many of these firms are manufacturers of television equipment.
However, we believe that many of the companies that manufacture
television equipment will be affected by this rulemaking may qualify as
small entities. We seek comments to this IRFA regarding the number of
small entities to which the proposed rule pertains.
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\5\ 13 CFR 121.201, (SIC) Code 3663.
\6\ U.S. Department of Commerce, 1992 Census of Transportation,
Communications, and Utilities, SIC Code 3663 (issued may 1995).
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10. According to SBA regulations, a computer manufacturer must have
1,000 or fewer employees in order to qualify as a small entity. Census
Bureau data indicates that there are 1716 firms that manufacture
electronic computers. Of
[[Page 52679]]
those, 659 have fewer than 500 employees and qualify as small entities.
The remaining 57 firms have 500 or more employees; however, we are
unable to determine how many of those have fewer than 1,000 employees
and therefore also qualify as small entities under the SBA definition.
11. This proposal will begin the process of requiring television
manufacturers to include blocking technology in their television
receivers and to ensure that any ratings information that is provided
with video programming is transmitted to the television receiver intact
and without disruption by any broadcast, cable television, or other
television program distribution services.
D. Description of Projected Reporting, Recordkeeping and Other
Compliance Requirements
12. The Commission's rules require television receivers to be
verified for compliance with applicable FCC technical requirements. See
47 CFR 15.101, 15.117, and 2.951, et seq. Documentation concerning the
verification must be kept by the manufacturer or importer. The rules
ultimately adopted in this proceeding will require that television
receivers comply with industry-developed standards for blocking display
of video programming based on program ratings. However, verification
testing regarding program blocking is not necessary because compliance
with the industry-developed standards, and the associated Commission
rules, can be determined easily during the television receiver design
process. The Commission may, of course, ask manufacturers and importers
to document upon occasion how a particular television receiver complies
with the program blocking requirements.
E. Significant Alternatives to Proposed Rules Which Minimize
Significant Economic Impact on Small Entities and Accomplish Stated
Objectives
13. Section 330(c)(4) of the Act directs the Commission to consider
the existence of appropriate alternative blocking technologies and to
amend its rules to permit, as an alternative to the ratings-based
approach, use of a technology that: (1) ``Enables parents to block
programming based on identifying programs without ratings''; (2) ``is
available to consumers at a cost which is comparable'' to the cost of
ratings-based technology; and (3) ``will allow parents to block a broad
range of programs on a multichannel system as effectively and as
easily'' as ratings-based technology. At this time, we are not aware of
any such alternative blocking technologies. Accordingly, we invite
comment regarding the existence of such alternate blocking technologies
and whether it would be appropriate to permit them at this time in lieu
of ratings-based blocking technology. In order to evaluate possible
alternative blocking technologies, we solicit information regarding the
cost of any alternative blocking technology as well as the cost of
implementing ratings-based technology pursuant to EIA-608.
14. Section 303(x) of the Act makes it clear that the program
blocking requirements were intended to apply to any ``apparatus
designed to receive television signals'' that has a picture screen of
13 inches or larger. We believe that the program blocking requirements
we are proposing should apply to any television receiver (including
personal computers) meeting the screen size requirements, regardless of
whether it is designed to receive video programming that is distributed
only through cable television systems, MDS, DBS, or by some other
distribution system.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
15. None.
List of Subjects
47 CFR Part 15
Communications equipment, Computer technology.
47 CFR Part 73
Communications equipment, Television.
47 CFR Part 74
Communications equipment, Television.
47 CFR Part 76
Cable television.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 97-26700 Filed 10-8-97; 8:45 am]
BILLING CODE 6712-01-M