[Federal Register Volume 74, Number 50 (Tuesday, March 17, 2009)]
[Proposed Rules]
[Pages 11334-11342]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5635]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 73
[MB Docket No. 09-26; FCC 09-14]
Implementation of the Child Safe Viewing Act; Examination of
Parental Control Technologies for Video or Audio Programming
AGENCY: Federal Communications Commission.
[[Page 11335]]
ACTION: Proposed rule.
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SUMMARY: This document implements the Child Safe Viewing Act of 2007,
S. 602, 110th Cong., adopted December 2, 2008, which directs the
Commission to initiate a proceeding to examine ``the existence and
availability of advanced blocking technologies that are compatible with
various communications devices or platforms'' and can be used by
parents to shield their children from objectionable video or audio
programming. Although the development of new media technologies and
platforms offers learning opportunities for children, it also poses new
dangers. This Notice of Inquiry will examine tools currently available
to parents and under development to help them supervise how their
children use the media and, as directed by the Child Safe Viewing Act,
the Commission will submit a report to Congress detailing its findings.
DATES: Comments are due on or before April 16, 2009; reply comments are
due on or before May 18, 2009.
ADDRESSES: You may submit comments, identified by MB Docket No. 09-26,
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/. Filers should follow the instructions provided
on the Web site for submitting comments. In completing the transmittal
screen, filers should include their full name, U.S. Postal Service
mailing address, and the applicable docket or rulemaking number.
E-mail: [email protected]. 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.
Mail: Filings can be sent by commercial overnight courier
or by first-class or overnight U.S. Postal Service mail.
For detailed instructions for submitting comments and
additional information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
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: For additional information on this
proceeding, contact Kim Matthews of the Media Bureau, Policy Division
at (202) 418-2154 or at [email protected].
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice
of Inquiry (NOI), FCC 09-14, adopted on March 2, 2009, and released on
March 2, 2009. The full text of this document is available for public
inspection and copying during regular business hours in the FCC
Reference Center, Federal Communications Commission, 445 12th Street,
SW., CY-A257, Washington, DC 20554. These documents will also be
available via ECFS (http://www.fcc.gov/cgb/ecfs/). (Documents will be
available electronically in ASCII, Word 97, and/or Adobe Acrobat.) The
complete text may be purchased from the Commission's copy contractor,
445 12th Street, SW., Room CY-B402, Washington, DC 20554. To request
this document in accessible formats (computer diskettes, large print,
audio recording, and Braille), send an e-mail to [email protected] or call
the Commission's Consumer and Governmental Affairs Bureau at (202) 418-
0530 (voice), (202) 418-0432 (TTY).
Summary of the Notice of Inquiry
Introduction
1. This Notice of Inquiry (NOI) implements the Child Safe Viewing
Act of 2007, adopted December 2, 2008, which directs the Commission to
initiate a proceeding within 90 days after the date of enactment to
examine ``the existence and availability of advanced blocking
technologies that are compatible with various communications devices or
platforms.'' Congress defined ``advanced blocking technologies'' as
``technologies that can improve or enhance the ability of a parent to
protect his or her child from any indecent or objectionable video or
audio programming, as determined by such parent, that is transmitted
through the use of wire, wireless, or radio communications.''
Congress's intent in adopting the Act was to spur the development of
the ``next generation of parental control technology.'' In conducting
this proceeding, we will examine blocking technologies that may be
appropriate across a wide variety of distribution platforms and
devices, can filter language based upon information in closed
captioning, can operate independently of pre-assigned ratings, and may
be effective in enhancing a parent's ability to protect his or her
child from indecent or objectionable programming, as determined by the
parent. The Act directs the Commission to issue a report to Congress no
later than August 29, 2009 detailing our findings in this proceeding.
Background and Scope of Inquiry
2. The media environment that children encounter is becoming
increasingly complex. In the majority of homes with children, there are
at least three television sets, some of which receive signals over the
air and others that are linked to cable or satellite services. The
average TV household in the United States receives 17 broadcast TV
stations and more than 118 television channels. In addition, many homes
have DVD players, computers with Internet access, and a variety of
mobile devices, such as iPods or other MP3 devices and wireless devices
such as cell phones and smart phones, that are capable of playing both
audio and video. Each of these media outlets has its own type of
password and/or program blocking system, which poses a significant
challenge for parents trying to direct or supervise their children's
exposure to video and audio programming.
3. Together with the growth in the kinds of media devices available
to children there has been an increase in the amount of time children
are exposed to media content. Children six years and younger average
almost 2\1/2\ hours of daily exposure to media content, while children
8 to 18 use media--including television, video players, audio media,
video games, and computers--close to five hours each day and often use
two or more media simultaneously. As a result of the transition to
digital technology and the continuing technological convergence of
media, children today can access the same source of content from a
variety of media platforms, some of which are portable. Teens can watch
on a computer a program that aired on television days earlier and can
use a cell phone or other wireless device as a multimedia platform, to
surf the Internet and download video and audio programming. The
ubiquity of media in the lives of children and the portability of many
media devices makes direct adult supervision of the content of the
media to which children are exposed increasingly difficult. The goal of
this proceeding is to examine current and new technologies that can
assist parents, as well as other caregivers, to shield children from
inappropriate content in this rapidly changing media environment.
4. Section 2(a) of the Child Safe Viewing Act directs the
Commission to initiate a notice of inquiry to examine:
(1) The existence and availability of advanced blocking
technologies that are
[[Page 11336]]
compatible with various communications devices or platforms;
(2) Methods of encouraging the development, deployment, and use of
such technology by parents that do not affect the packaging or pricing
of a content provider's offering; and
(3) The existence, availability, and use of parental empowerment
tools and initiatives already in the market.
5. Thus, the Act requires that we examine ``advanced blocking
technologies'' currently available across a wide range of media
platforms. Section 2(d) of the Act defines the term ``advanced blocking
technologies'' as ``technologies that can improve or enhance the
ability of a parent to protect his or her child from any indecent or
objectionable video or audio programming, as determined by such parent,
that is transmitted through the use of wire, wireless, or radio
communication.'' We invite comment on advanced blocking technologies
that may be appropriate across various distribution platforms,
including wired, wireless, and Internet platforms. We also invite
comment on the statutory definition of ``advanced blocking
technologies.'' Whereas the Commission has defined the term
``indecent'' in other contexts, the Act appears to leave determination
of what is ``indecent'' or ``objectionable'' entirely to the individual
discretion of parents. We invite comment on this interpretation and on
any other issues regarding the statutory definition of advanced
blocking technologies.
6. Section 2(b) of the Act states that the Commission shall
consider advanced blocking technologies that:
(1) May be appropriate across a wide variety of distribution
platforms, including wired, wireless, and Internet platforms;
(2) May be appropriate across a wide variety of devices capable of
transmitting or receiving video or audio programming, including
television sets, DVD players, VCRs, cable set top boxes, satellite
receivers, and wireless devices;
(3) Can filter language based upon information in closed
captioning;
(4) Operate independently of ratings pre-assigned by the creator of
such video or audio programming; and
(5) May be effective in enhancing the ability of a parent to
protect his or her child from indecent or objectionable programming, as
determined by such parent.
7. This language makes it clear that we are to consider blocking
technologies appropriate for use on a variety of devices that transmit
audio and video programming. The devices specifically identified in
section 2(b)(2), such as television sets, DVD players, VCRs, and
wireless devices, are capable of transmitting both audio and video
programming. We seek comment on whether Congress intended that we
examine blocking technologies for content that is audio only (e.g.,
music), or technologies appropriate for content that combines audio and
video (e.g., television programs), or both. The Act does not define the
terms ``audio'' or ``video.'' The legislative history indicates that
Congress was focused primarily on television content. The Senate Report
indicates that the Act stems from Congress's concern with the efficacy
of the V-chip, given its limited use by parents, as well as a desire to
ensure that blocking capability continues to be available to consumers
as technology advances. The Senate Report cites section 551(e) of the
Telecommunications Act of 1996 and notes that that provision requires
the Commission to `` `take such action as the Commission determines
appropriate' to assess alternative program blocking technologies and to
expand the V-chip requirement, if necessary, to facilitate the use of
alternative technologies that may not rely on common ratings.'' The
Senate Report also explains that the Act requires the Commission to
consider technologies that may be appropriate across a variety of
content distribution platforms ``[i]n recognition of the fact that
television content is currently being made available over the Internet
and over mobile devices.''(emphasis added) This language suggests that
Congress intended that we focus on television content and the variety
of platforms over which such content can be displayed and consider
technologies capable of blocking inappropriate audio or video content
transmitted as part of such programming. We invite comment on this
view. We also note that, although section 2(b)(2) refers to ``devices
capable of transmitting or receiving video or audio programming,'' it
does not list radios as one of the specific devices for which blocking
technology should be considered. Although the list is illustrative and
not exhaustive, it appears significant that no audio-only devices are
listed. Moreover, the Senate Report discusses television primarily and
does not refer to radios, and radios were not discussed during the
Senate hearing on the Act. In light of the language of the Act and the
legislative history, we invite comment on whether we should examine
blocking technology designed for audio content alone in this
proceeding, or focus on technology capable of blocking objectionable
audio conveyed together with video programming.
8. We also invite comment on how we should interpret the term
``video programming'' for purposes of this proceeding. Section 602(20)
of the Communications Act states that: ``the term `video programming'
means programming provided by, or generally considered comparable to
programming provided by, a television broadcast station.'' Is this the
appropriate definition to use for purposes of the Child Safe Viewing
Act? It seems clear that ``video programming'' as that term is used in
the Child Safe Viewing Act includes, for example, an episode of a
television program, whether that program is provided on a television
set over the air or via cable or satellite, or provided over the
Internet on a computer or wireless device, or provided directly by a
wireless carrier. We invite comment, however, on whether the term
``video programming'' includes such content as videos provided on
Internet video hosting sites, such as YouTube, and vodcasts of
nontraditional video content. In addition, we seek comment on how the
use of the term ``video programming'' in the Act limits the scope of
this proceeding.
9. As directed by section 2(a)(2) of the Act, we invite comment on
``methods of encouraging the development, deployment, and use'' of
advanced blocking technologies. What strategies should be used in this
regard and what role should industry, trade organizations, consumer
groups, Government and others play in this effort? Section 2(a)(2) also
states that the Commission should examine methods of encouraging the
development, deployment, and use of advanced blocking technologies
``that do not affect the packaging or pricing of a content provider's
offering.'' We invite comment on how we should interpret this language.
How does the language in section 2(a)(2) regarding packaging and
pricing of a content provider's offering relate to our mandate under
the Act?
10. In addition, section 2(a)(3) of the Act directs us to examine
``the existence, availability, and use of parental empowerment tools
and initiatives already in the market.'' Although the Act's focus is
advanced blocking technologies and facilitating the next generation of
parental control technology, the Senate Report makes clear that
Congress was concerned about the V-chip, which is a parental
empowerment tool already in the market, and about the low-level of V-
chip use. Accordingly, we invite comment specifically on efforts to
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improve or expand V-chip technology and to encourage increased use of
the V-chip by parents. We also seek comment on any other parental
empowerment tools that are currently available to consumers, as well as
any initiatives to encourage their availability and/or use.
11. Finally, we invite comment on whether we should examine
blocking technology for video game players and/or video games. Video
game players are not included among the devices specifically identified
in section 2(b)(2), and video games are not mentioned in the Senate
Report and were not discussed in the Senate hearing on the Act.
However, in light of the popularity of video games among children and
concerns expressed regarding their content, we seek comment on whether
we should examine methods of controlling access to video games in this
proceeding.
Discussion and Request for Comment
A. Television
12. The Commission has long recognized that television plays a
significant role in the lives of American children. Children ages 8 to
18 watch on average more than three hours of television each day, and
more than two thirds of children in this age range have a television in
their bedroom. Children younger than 8 watch on average 2 hours of
television daily and more than one third have a television in their
bedroom. Because many children watch television while they engage in
other activities, the total amount of time that children are exposed to
television content is even greater than statistics regarding their
daily television use suggest. Moreover, in spite of the increase in the
number of other types of media to which children are exposed,
television remains the media of choice among children. Children ages 8
to 18 devote about 50 percent of their total media time to television,
while younger children devote about two-thirds of their media time to
television viewing. Thus, television remains a primary medium of
concern in terms of children's exposure to potentially objectionable
content.
13. In 1996, Congress amended Title III of the Communications Act,
47 U.S.C. section 303(x), to require the incorporation of blocking
technology into television sets. Section 551 of the Telecommunications
Act of 1996, also known as the Parental Choice in Television
Programming Act, directed the Commission to adopt rules that require
certain televisions or devices capable of receiving television signals
to ``be equipped with a feature designed to enable viewers to block
display of all programs with a common rating.'' Id. (added by section
551 of the 1996 Act). In 1998, the Commission adopted rules requiring
that, starting in 2000, television sets with screens 13 inches or
larger must be equipped with a V-chip. Section 551 of the 1996 Act also
directed that, if the industry did not adopt voluntary rules for rating
video programming within a year, the Commission should prescribe
guidelines and recommended procedures for program ratings. 47 U.S.C.
section 303(w). Following the adoption of this provision, the
broadcast, cable, and movie industries jointly created a voluntary
system for rating television content, known as the TV Parental
Guidelines, which the Commission subsequently recognized as meeting the
requirements of the 1996 Act.
14. The Parental Guidelines contain both age- and content-based
ratings. The age-based ratings are: TV-Y (All Children); TV-Y7
(Directed to Older Children--age 7 or older); TV-G (General Audience);
TV-PG (Parental Guidance Suggested); TV-14 (Parents Strongly
Cautioned--may be unsuitable for children under 14); and TV-MA (Mature
Audience Only--may be unsuitable for children under 17). The content-
based descriptors are: V (violence); FV (fantasy violence in older
children's programming); S (sexual content); D (suggestive dialogue);
and L (strong language in programming). The guidelines apply to most
television programming, except for news and sports programming and
advertisements.
15. As Congress noted in adopting the Child Safe Viewing Act,
studies conducted since the V-chip requirements and TV Parental
Guidelines were adopted show that the V-chip is not widely used and
many parents remain unaware of it. A study conducted from 1999-2001 by
the Annenberg Public Policy Center found that only 8 percent of the
families studied had the V-chip programmed and were using it. The study
showed that many parents are not aware that they have a V-chip and
others find that ``programming the V-chip is a multi-step and often
confusing process.'' In two more-recent studies conducted by the Kaiser
Family Foundation in 2004 and 2007, the first showed that only 15
percent of parents have used the V-chip, and the second showed that 16
percent of parents used the V-chip. The 2007 Kaiser Family Foundation
study showed that more than half of parents who had purchased a
television set since 2000, when the requirement that sets over 13
inches be equipped with a V-chip went into effect, were not even aware
that they have a V-chip.
16. We invite comment on these studies and any improvements that
could be made to the V-chip and the existing TV ratings system to
increase their use and effectiveness. Are there ways in which the V-
chip could be made easier to use and program? What steps could be taken
to increase parental awareness of the V-chip? The V-chip has been
referred to as an ``orphaned technology,'' meaning that no entity has a
financial incentive to promote its use. What role should industry or
the government play in promoting the V-chip? What kinds of promotions
would be most effective and who should bear the cost? We note that the
broadcast networks have previously joined with the Advertising Council
to air some public service campaigns promoting the V-chip. Was this
campaign successful?
17. We also invite comment on the current ratings system. The 2007
Kaiser Family Foundation study also showed that, although more than 80
percent of parents have heard of the TV ratings, most do not understand
what they mean. Only 30 percent of parents with children between 2 and
6 could name any of the ratings used for children's programs (TV-Y, TV-
7, or TV-G). Only 11 percent of parents with children in this age range
knew that the content rating FV had anything to do with violence, and 9
percent thought it meant ``family viewing.'' More than half of parents
of older children that had heard of the TV ratings understood the
meaning of the TV-14 and TV-MA age-based ratings and the ``V'' content
descriptor, but only 36 percent of these parents understood that ``S''
designates a show with sexual content and only 2 percent knew that
``D'' indicates suggestive dialogue. We invite comment on these studies
and on ways in which awareness of the current ratings system could be
improved.
18. We also seek comment on the extent to which programming is
rated, using both the age-based ratings as well as the content
descriptors, and on whether the ratings are applied accurately. Some
have criticized the application of the TV Parental Guidelines. In a
2007 report, the Parents Television Council (PTC) examined all prime
time entertainment programming on the six broadcast networks during the
November 2006 and February 2007 sweeps period. In its report, PTC
states that 99 percent of the programs they examined were rated either
TV-PG or TV-14, meaning they were deemed suitable for children as young
as 14, despite the fact that some programs
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contained mature subject matter. According to PTC, none of the programs
examined received the TV-MA rating for mature audiences, and forty
percent or more of the programs lacked one or more of the appropriate
content descriptors for suggestive dialogue (``D''), sexual (``S'') or
violent content (``V''), or strong language (``L''). PTC argues that
the problems in applying the TV Parental Guidelines stem from the fact
that there are no guidelines dictating how the ratings should be
applied and that each network rates its own programs. Other studies
have also indicated that the ratings may not be correctly applied and
that parents do not believe that programs are rated accurately. We seek
comment on these views. Are broadcasters and other programming
distributors transmitting the ratings information, as they agreed to do
in 1997?
19. As noted above, commercials are currently not rated using the
TV Parental Guidelines. The Commission and others have raised concerns
about the airing of inappropriate or adult-oriented commercials during
programming directed to or widely viewed by children. We invite comment
on the extent to which inappropriate commercials are aired in
programming viewed by children and on possible solutions to this
problem. Could commercials be rated so that the V-chip or other
technology could be used to filter out commercials with inappropriate
content? What role should the Government, industry, or third-parties
play in this effort?
20. We invite comment on blocking technology that operates based on
ratings established by an entity other than the creator of the
programming. Section 2(b) of the Act directs us to examine advanced
blocking technologies that ``operate independently of ratings pre-
assigned by the creator of such video or audio programming'' and that
enhance the ability of a parent to protect his or her child from
indecent or objectionable programming ``as determined by such parent.''
Are there technologies currently available or in development that give
parents a greater role in determining how programs should be rated? How
could the Commission encourage the development, deployment, and use of
such technology?
21. Other parties have also called for improvements in the V-chip
and the TV ratings. In a November 2008 letter, the Benton Foundation,
Common Sense Media, and the Coalition for Independent Ratings (CFIRS,
et al.) urged the Commission to take steps to ensure that digital
televisions can respond to ``improved content ratings that could help
parents better select what content enters their homes.'' CFIRS, et al.
noted that the current ratings system does not allow parents to block
programs that ``glamorize smoking, alcohol abuse or illegal drug use''
and does not allow ratings in languages other than English. CFIRS, et
al. also noted that several new TV ratings systems have been developed
since the present guidelines that would give viewers a choice of which
guidelines to use. CFIRS, et al. argued that V-chip requirements should
ensure that there is ample space for future generations to extend the
current ratings and develop new ones. The concept of a V-chip that can
accommodate ratings other than the existing TV Parental Guidelines is
generally referred to as the ``open V-chip.'' The Commission has
generally endorsed this concept by recognizing that the ability to
modify the current rating system is beneficial and by requiring that
television sets have the capacity to respond to changes in the TV
ratings. In their November 2008 letter, CFIRS, et al. urged the
Commission to take action on an issue pending in the Commission's
Second DTV Periodic Review proceeding. Ratings systems are carried in
Rating Region Tables (RRTs). The Advanced Television Systems Committee
(ATSC), which maintains the list of rating region assignments,
originally assigned 0x01 (RRT 1) to the United States. RRT 1 carries
the current U.S. rating system (the TV Parental Guidelines and MPAA
ratings). Prior to the Second DTV Periodic Report and Order, 69 FR
59500, October 4, 2004, television sets were designed to convey only
the ratings information contained in RRT 1. In the Second DTV Periodic
Report and Order, the Commission stated that ``[w]e generally believe
that the ability to modify the current content advisory system is
beneficial'' and that ``to ensure the ability to modify the content
advisory system, receivers must be able to process newer RRT version
numbers or use new rating region codes as suggested by ATSC.'' The
Commission also revised 47 CFR 15.120(d)(2) to, among other things,
state that ``[d]igital television receivers shall be able to respond to
changes in the content advisory system.'' 47 CFR 15.120(d)(2).
Subsequent to the adoption of the Second DTV Periodic Report and Order,
the ATSC reserved rating region code 0x05 (RRT 5) for an unspecified
alternative U.S. rating system or systems. The Consumer Electronics
Association (CEA) filed a petition for reconsideration of the Second
DTV Periodic Report and Order arguing that receivers should be required
to respond to only one additional RRT--RRT 5--in addition to RRT 1. See
Petition for Reconsideration and/or Clarification of CEA, filed Nov. 3,
2004, in MB Docket No. 03-15. CFIRS and other parties have filed
oppositions to the CEA Petition, arguing that television sets should
not be limited to only one additional RRT and that more capacity is
needed to accommodate additional and improved ratings systems. The CEA
Petition remains pending. The specific issue raised in the CEA Petition
regarding RRTs will be resolved in the Second DTV Periodic Review
proceeding. If the V-chip could accommodate multiple program ratings
created, for example, by different ratings services, how would this
system be implemented? How would multiple ratings be incorporated into
programming? How would parents select a rating system for use on their
television set and how could a V-chip offering this degree of choice be
made easy for parents to use? Could parents decide to use more than one
rating system on the same television set and, if so, how would parents
move from one system to another?
22. We invite comment on whether there are intellectual property
concerns that could affect efforts to improve the V-chip and the
current ratings system, as well as efforts to develop an ``open V-
chip'' and other next-generation parental control technologies. There
is a patent on the technology that may be necessary to enable
television manufacturers to implement an open V-chip regime whereby
television receivers must respond to multiple Ratings Region Tables
(RRTs) capable of containing expanded ratings systems and/or multiple
ratings systems. Licenses for this technology are being offered through
Tri-Vision International Limited (``Tri-Vision''), a Canadian company.
Would the Tri-Vision patent apply in a situation in which a television
set could respond to multiple RRTs, therefore providing capacity for
the set's V-chip to process additional and/or more-detailed ratings
systems? Are the licensing terms that Tri-Vision offers reasonable?
What steps should be taken to ensure that patent issues do not
discourage manufacturers from including blocking technology in consumer
equipment? We also invite comment on what, if any, alternative ratings
systems for use in conjunction with the V-chip are available or are in
the process of being developed.
23. Apart from the V-chip, we invite comment on any other advanced
blocking technologies for television
[[Page 11339]]
either currently in existence or under development. We note that TiVo's
KidZone permits parents to both block and select and/or record
programming for their children based on a list of recommended programs
developed by a number of independent organizations, including Common
Sense Media, Discovery Kids, and the Parents Television Council. How
does TiVo compare to the V-chip in terms of ease of use and
effectiveness? Are there any data regarding actual use of KidZone by
parents? Are other entities offering similar devices? TiVo technology
permits parents not only to screen-out content parents find
inappropriate, but also to select specific content based on
recommendations from a number of different entities. Does any other
technology offer the ability to select desired programming as well as
screen-out objectionable programming?
24. Pursuant to section 2(b)(3) of the Act, we also seek comment on
advanced blocking technologies that ``can filter language based upon
information in closed captioning.'' This language seems to focus on
technology that uses closed captions to identify inappropriate content
in television programs. One technology being offered now is TVGuardian,
which operates by scanning closed captioning, muting the audio part of
the program when offensive phrases appear, and displaying a profanity-
free version of the phrase at the bottom of the TV screen. We invite
comment on this technology and any others that use closed captioning as
the basis for screening programming. We note that closed captions are
not always synchronized perfectly with the audio, and thus the captions
may appear slightly before or after the time words are spoken as part
of the on-screen program. We invite comment on whether and how this
lack of synchronization affects the use of captions to block
inappropriate content.
25. Finally, what methods would be most effective in encouraging
the development and use of advanced blocking technology for television?
What role should the industry, trade associations, consumer
organizations, and Government play in this regard? Do private entities
have sufficient incentive to develop advanced blocking technologies for
commercial use? What other parental empowerment tools and initiatives
are available to help parents protect their children from programming
that they consider objectionable or indecent?
B. Cable and Satellite
26. We invite comment on the additional parental control options
available to cable and satellite subscribers. What tools are available
to parents, how easy are these tools to use, and how widely are they
employed by parents to control what their children watch? Like the V-
chip, cable set top boxes and satellite receivers permit parents to
block programs that contain certain ratings under the TV Parental
Guidelines. Are these boxes easier to use than the V-chip? In addition,
digital cable set-top boxes and satellite receivers offer the option of
blocking entire channels or blocking individual programs. We are
interested in any research that compares cable and satellite blocking
devices to the V-chip, particularly in terms of ease of use and
popularity with parents. We also invite comment on blocking technology
for digital video recorders (DVRs). Although these devices are not
specifically mentioned in section 2(b)(2) of the Act, DVRs are
generally incorporated into or connected to a cable or satellite set
top box and are an increasingly popular alternative to VCRs, which are
specifically mentioned in section 2(b)(2). We note that TiVo, which is
one brand of DVR, provides equipment that can be used in conjunction
with cable and satellite service, thereby providing parents with access
to the KidZone product described above. How do the options provided by
TiVo and any other third-party DVR compare to the parental controls
available in cable set top boxes and satellite receivers? In addition
to technology currently available, are there any new technologies under
development or on the horizon for satellite or cable? We also invite
comment on how we could encourage the development of new technologies
for these services, as well as their use by parents.
C. Wireless Devices
27. Providing parents and caregivers with tools to protect children
from content they deem inappropriate may present additional challenges
on wireless devices, which are typically operated by children away from
the purview of their parents. Further, the devices themselves may be
limited in the type of software or applications that can be added
directly by the consumer. We note that the type of content available
over wireless devices differs from that available over broadcast
television, cable, or satellite in that consumers can view both
carrier-provided content through packaged offerings (similar to
broadcast, cable, and satellite TV) and outside, third-party content
(similar to wireline broadband Internet service). Therefore, parents
may need to have access to multiple types of advanced blocking
technologies or ensure that the advanced blocking technologies can
filter out objectionable content from multiple sources.
28. Video programming and other content available on wireless
devices includes both content offered by the wireless provider itself,
such as streamed versions of certain cable TV channels, music videos,
sports, news clips, TV programs, and short TV episodes made exclusively
for mobile phones (mobisodes), as well as third-party content obtained
via the Internet. We seek comment on any blocking technology currently
available for content, particularly video programming, on wireless
devices, as well as ways of encouraging the development, deployment,
and use of such technology. We also invite comment on the availability
of any other parental empowerment tools related to wireless devices.
29. The wireless industry has developed child protection measures
both for content offered by wireless providers as well as content
available over the Internet on wireless devices. CTIA and participating
wireless carriers have voluntarily adopted Carrier Content
Classification and Internet Access Control Guidelines, which provide
for voluntary classification standards for ``Carrier Content'' (those
materials that reside with a carrier's managed content portal or third
party content whose charges are included on a carrier's bill). Under
the Guidelines, Accessible Carrier Content is available to consumers of
all ages while Restricted Carrier Content is available to those 18 or
older or to younger consumers with specific parental authorization.
Each carrier is responsible for its implementation of access controls,
including age-verification mechanisms, and those carriers agreeing to
these voluntary guidelines have pledged not to offer any Restricted
Carrier Content until they have provided controls to allow parents to
restrict access to this type of content. Restricted Carrier Content
includes intense profanity, intense violence, graphic depiction of
sexual activity or sexual behaviors, nudity, hate speech, graphic
depiction of illegal drug use, and any activities that are restricted
by law to those 18 years of age and older, such as gambling and
lotteries. Several larger carriers have already announced the
institution of guidelines to block
[[Page 11340]]
inappropriate content through parental control services. For example,
Verizon Wireless allows parents to filter content by certain age
categories (7+ years old, 13+ years old, 17+ years old), which includes
content on its Mobile Web service.
30. The wireless industry is also developing ``Internet Content
Access Control'' technologies to enable account holders to filter and
block access to specific Web sites. According to CTIA, all major
carriers currently provide consumers with the ability to block all
Internet access on their devices. In addition, wireless companies are
researching solutions to provide controls with the ability to limit
specific Internet content or sites on consumers' devices, which would
be implemented on a carrier-by-carrier basis.
31. We invite comment on these methods for controlling access to
content available over wireless devices. Are these controls effective
and easy to understand and activate by parents? To what extent are
these parental control technologies used? Both the Carrier Content
guidelines and the Internet Content Access Control guidelines filter
content using age-based categories as defined by the industry rather
than by consumers. How effective or accurate are these content ratings?
How do these guidelines utilize existing standards, such as the TV
Parental Guidelines or the MPAA rating system? Are there any
technologies for wireless devices either currently in existence or in
development that operate with a ratings system developed by an entity
not associated with the content creator or the industry?
32. In addition to the blocking technologies discussed above, we
also seek information on any other types of blocking or filtering
technologies currently available to consumers or other technologies
currently in development for use on wireless devices. We note that
technology is available on some wireless devices that permits parents
to view the information children receive over these devices. How useful
and widely used is this technology? We also invite comment on any other
parental empowerment tools currently available for wireless technology.
How do the features that make mobile, wireless devices unique (e.g.,
the size of the device/screen, the speed of broadband service on a
mobile device, system requirements) affect how advanced blocking
technologies operate for these devices? What are the pros and cons of
using blocking technologies through the network versus via the handset?
How does the type of filter (network-or handset-based) affect the user
experience (e.g., ease of use, ability to personalize or change the
settings on the filter, etc.)? Further, as wireless carriers move
toward open platforms, how will blocking and filtering be affected? For
instance, do parties expect there to be additional blocking
applications available that are being created and marketed by third
parties? Do third-party application providers need open platforms in
place in order to provide these advanced blocking technologies to
consumers, or do application providers generally provide their products
to the carriers themselves rather than directly to end users? Do
consumers using licensed wireless service have to purchasing or request
free blocking or filtering from their wireless providers, or can they
purchase or otherwise obtain freely these technologies themselves and
load applications onto their wireless devices?
33. We also seek comment on how to encourage the development,
deployment, and use of blocking and filtering technologies on wireless
devices by parents. To the extent wireless providers already have tools
available to help parents protect children from inappropriate content,
how are these providers educating consumers and publicizing the
availability and convenience of such tools? How could trade
organizations or consumer organizations publicize the development,
deployment, and use of filtering technologies? In addition, what role
should the Government play in ensuring that blocking and filtering
tools are made available to parents so that children can be shielded
from inappropriate content?
D. Non-Networked Devices
34. Section 2(b)(2) of the Act directs the Commission to examine
advanced blocking technologies that ``may be appropriate across a wide
variety of devices capable of transmitting or receiving video or audio
programming, including * * * DVD players [and] VCRs.'' As directed by
this section of the Act, we inquire as to the existence and
availability of blocking technologies for non-networked devices capable
of receiving video or audio programming, particularly DVD players and
VCRs. We note that most DVD players do not contain a tuner and
therefore are not themselves capable of transmitting or receiving video
or audio programming. Nonetheless, as these devices are specifically
identified in the Act, we seek comment on blocking technologies for
these devices.
35. DVD players and VCRs play a major role in the lives of many
American families--DVD players are now owned by about 84% of American
households and VCRs, while in decline, are still owned by the great
majority of American households. However, unlike wired, wireless, or
Internet platforms, which directly distribute video or audio content to
consumers, DVD players and VCRs are dependent on video discs or
videotapes to distribute content. This situation gives parents greater
control over DVD players and VCRs than they have over other
distribution platforms. Specifically, parents have the ability to
purchase or rent for their children age-appropriate content for DVD
players and VCRs and accumulate libraries of such content to be used at
either their, or their children's, discretion. Nonetheless, there may
remain a legitimate concern--particularly for older children--to the
extent that children make their own content purchases for DVD players
and VCRs or are given inappropriate videotapes or video discs by other
children or adults. Thus, there may be a role for blocking technologies
for these devices. We invite comment on whether blocking technologies
exist or are under development for DVD players and VCRs and, if so, how
these technologies compare to blocking technologies available for other
distribution platforms and networked devices. We also seek comment on
whether blocking technologies exist for similar non-networked devices,
such as digital audio players (MP3 players) and portable media players.
If blocking technologies exist for non-networked devices, to what
extent are they used by parents? What methods would be effective in
encouraging the development and use of such technology? Movies on DVDs
and video tapes are generally rated using the MPAA rating system. Is
this rating system effective?
E. Content Available Over the Internet
36. Section 2(b)(1) of the Act directs us to consider advanced
blocking technologies that ``may be appropriate across a wide variety
of distribution platforms, including * * * Internet platforms.'' Video
and audio programming is increasingly available on the Internet. Many
sources of video and audio programs traditionally seen on television
are making their content available over the Internet, and third party
online services such as Hulu permit individuals to watch television
programs and movies that are streamed to computer screens. Other sites
such as iTunes provide a download-on-demand service, permitting
individuals to download TV shows and movies to their computers or from
a computer to devices such as an iPod or iPhone. Some programs are also
available as
[[Page 11341]]
podcasts and vodcasts which can be subscribed to, downloaded on demand,
and played on computers, wireless devices, and MP3 (audio) or MP4
(video) players. Some video hosting services, such as YouTube, permit
anyone to upload videos that can be streamed to viewers, thereby
permitting Internet content to be created by individuals not associated
with traditional television content. In addition, peer-to-peer
applications have likewise facilitated the distribution of content over
the Internet. As discussed in paragraph 8, supra, we invite comment on
what video found on the Internet should properly be considered ``video
programming'' for purposes of this proceeding.
37. The safety of children online has been a primary concern of
families and Congress since the Internet was first opened to public
use. Congress has passed several laws seeking to protect children from
Internet content, and has requested several reports on child online
safety. There have also been a number of non-U.S. Government studies
that have examined child online safety. Most recently, in addition to
this inquiry mandated by the Child Safe Viewing Act, Congress directed
the NTIA to establish the Online Safety and Technology Working Group
(``OSTWG'') ``to review and evaluate the status of industry efforts to
promote online safety through educational efforts, parental control
technology, blocking and filtering software, age-appropriate labels for
content or other technologies or initiatives designed to promote a safe
online environment for children.'' The OSTWG has one year from the date
it is first convened to submit a report to Congress. We invite comment
on how our inquiry in this proceeding should differ from the effort of
the OSTWG. We also invite comment on what information learned in
previous studies of the Internet, online safety, and parental control
technologies could be applied to our mandate under the Child Safe
Viewing Act to examine advanced blocking technologies for Internet
video and audio programming? What have we learned since previous
reports and how has the Internet evolved, including in ways perhaps not
anticipated by those studies?
38. We invite comment generally on advanced blocking technologies
and parental empowerment tools that assist parents in controlling their
children's access to audio and video programming on the Internet.
Blocking technology allows an individual to receive all content except
content that is blocked because it is on a blacklist. The list of what
is blocked may be generated through an automated analysis, human
review, or by user options. Individuals can select different blocking
services which may block based on different criteria, permitting
parents to select a service that more closely matches their concerns.
The list of blocked content may be updated regularly from the filtering
service or from a third party service that reviews Internet content.
Generally blocking technology gives the owner the ability to use a
password to turn off the filters when desired.
39. In addition to blocking, there are a number of other kinds of
parental empowerment tools currently available for the Internet. For
example, many services give content creators, viewers, and third-
parties the ability to label or tag content. Creators can label their
own content and individuals watching a video, viewing a photo, or
reading a blog can tag that content as worthy of reading, offensive, or
perhaps a violation of community standards. Reviews and ratings of
content can also be provided by third-party Web sites. We invite
comment on whether tagging or labeling content is an effective solution
to protect children from inappropriate content. Is offensive content
appropriately flagged, and has the industry been responsive in acting
on flagged content? Is tagging, labeling, or flagging content by the
Internet community itself more effective than filtering by the industry
or a third-party based on ratings developed by the industry or a third-
party?
40. Another strategy currently used on the Internet to block
indecent or offensive content is the creation of child safe zones that
``white list'' safe content and block out unwanted content. Examples of
child safe zones include .Kids.US and Teen Second Life. Has the child
safe zone strategy been effective, and do parents know about this
option? Do children, particularly teenagers, simply bypass the
restrictions of these safe zones, for example by going straight to the
adult space instead of staying in the designated child safe space?
Other parental control solutions currently available on the Internet
include monitoring and recording devices that provide parents with
information about their children's Internet use, takedown and
acceptable use policies adopted by certain Web sites that identify and
remove objectionable content, services offered by some Web sites that
restrict access by children to parts of the site, and age verification.
We invite comment on these and any other technologies available or
under development to control children's access to Internet content, as
well as any other parental empowerment tools currently available. Is
there technology that would permit parents to select programming for
their children similar to TiVo KidZone?
41. We also invite comment on how we can encourage the development
and use of advanced blocking technologies and other parental control
solutions for video and audio programming available over the Internet.
We note that parental control solutions can be implemented in a variety
of ways in a variety of locations in the network, which offers the
opportunity for multiple approaches to providing parental control. For
example, blocking technology can reside in a specific application that
an individual is using (a Web browser that blocks pop-up ads or an e-
mail application that blocks spam); in an individual's computer (a
firewall that blocks malicious traffic); in an individual's local
network (a network gateway that restricts access to the network); in an
individual's Internet access service (ISP blocking ports that are used
in worm and virus attacks); within Internet networks (networks blocking
malicious man-in-the-middle phishing attacks); at the hosting site of
the content or applications (hosting site takes down content which does
not comply with the host's acceptable use policy); or at a third party
site which is monitoring for unwanted content (an organization that
reviews Web sites and publishes a list of Web sites that do not meet
that organization's criteria). Which of these approaches shows promise
for providing parents with ability to control children's access to
objectionable content? Are end-user device based mechanisms preferable
in terms of providing for parental control? What types of advanced
blocking mechanisms could be built into consumer-level routers? Are any
blocking technologies currently in use effective in giving parents the
ability to restrict their children's access to objectionable content
from sources other than Web sites?
42. Finally, to what extent are children able to circumvent the
blocking technologies adopted by parents? We note that encryption of
content may circumvent advanced blocking mechanisms. We also note that
children may obtain access to content deemed objectionable via Internet
access not controlled by a child's parents, such as Wi-Fi hot spots, a
neighbor's wireless LAN, or Internet access that is publicly available,
such as in schools and libraries and Internet cafes. Children may also
circumvent parental controls in the home through the use of portable
storage devices, such as a flash drive or an iPod or recordable DVDs.
Is there technology available to parents that
[[Page 11342]]
would prevent a child from obtaining objectionable content from outside
the home and later viewing or listening to it on equipment in the home?
In light of the ways in which blocking technology might be
circumvented, what role should education play in protecting children
from objectionable content? How can the value of the Internet as an
educational and informational tool for children be balanced against
efforts to ensure children's online safety?
F. Blocking Technologies Compatible With Multiple Platforms
43. Finally, we seek general comment on whether there are blocking
technologies currently available or in development that are capable of
operating across multiple platforms. Because children today have access
to multiple media platforms, content that parents may have blocked on
one medium could potentially be accessed by children on another medium.
For example, while parents may have activated the V-chip to block TV-14
content on the family television set, a child may be able to access the
same content over the Internet on the family computer or on the child's
own laptop or wireless device. To what extent could blocking
technologies compatible with multiple platforms provide a solution to
parents in this situation? For example, are there technologies that
could operate on a wireless network or wireless device as well as
another platform (such as cable or wireline service)? Are Internet
filters able to filter Internet content to all devices, including
wireless devices, or are they limited to computers (which would include
wireless modem cards used on laptops or other portable devices, but not
wireless smartphones)? To the extent that blocking technologies are
able to filter Internet content to both wireline and wireless devices,
are there any technical limitations for filters operating on laptops
using wireless laptop cards, due to the potentially slower speed of a
wireless broadband service? Are there other issues that need to be
resolved in order to ensure that blocking technologies can operate
seamlessly across platforms?
Administrative Matters
44. Ex Parte Rules. Pursuant to Sec. 1.1204(b)(1) of the
Commission's rules, 47 CFR 1.1204(b)(1), this is an exempt proceeding.
Ex parte presentations are permitted, and need not be disclosed.
45. Comments and Reply Comments. 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 on the Notice of Inquiry, MB Docket No. 09-
26, 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, May 1, 1998.
46. Electronic Filers: Comments may be filed electronically using
the Internet by accessing the ECFS: http://www.Commission.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.
47. 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.
48. 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.
In addition, parties must serve the following with either
an electronic copy via e-mail or a paper copy of each pleading: (1) the
Commission's duplicating contractor, Best Copy and Printing, Inc.,
Portals II, 445 12th Street, SW., Room CY-B402, Washington, DC 20554,
telephone 1-800-378-3160, or via e-mail at http://www.bcpiweb.com; and
(2) Kim Matthews, Media Bureau, 445 12th Street, SW., Room 4-A813,
[email protected].
49. People with Disabilities: Contact the Commission to request
materials in accessible formats (Braille, large print, electronic
files, audio format, etc.) by e-mail at [email protected] or
call the Consumer & Governmental Affairs Bureau at 202-418-0530
(voice), 202-418-0432 (TTY).
50. Additional Information. For additional information on this
proceeding, contact Kim Matthews, Media Bureau, at (202) 418-2154, or
at [email protected].
Ordering Clause
51. Accordingly, it is ordered that, pursuant to the authority
contained in sections 4(i), 303(g), and 403 of the Communications Act,
47 U.S.C. 154(i), 303(g), and 403, and pursuant to the Child Safe
Viewing Act of 2007, this Notice of Inquiry is adopted.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E9-5635 Filed 3-16-09; 8:45 am]
BILLING CODE 6712-01-P