[Federal Register Volume 71, Number 58 (Monday, March 27, 2006)]
[Proposed Rules]
[Pages 15145-15147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2921]


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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: [email protected]. 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: [email protected] 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 [email protected], 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 [email protected] 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 
[email protected] and to Kristy L. LaLonde, OMB Desk Officer, 
10234 NEOB, 725 17th Street, NW., Washington, DC 20503 or via the 
Internet to Kristy--L. [email protected], 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 
[email protected].
    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