Programming Rules for Broadcasters

To help broadcasters select and air programming that serves children’s  educational and informational needs, FCC established a definition and  other criteria for such programming, known as “core programming” or  “core children’s programming.” Core children’s programming is defined by  FCC rules and is a subset of children’s programming, which is all  programming directed at children, including programming that is or is not  educational and informational. To increase children’s access to educational and informational  programming, FCC’s rules state that broadcast stations that air a  minimum of 3 hours of core children’s programming per week are eligible  to have the children’s programming portion of their license renewal  application approved by FCC staff rather than by the full Commission. In anticipation of the digital television transition, FCC expanded this  incentive to include multicast channels—that is multiple channels aired by  a single broadcast station. Children’s programming on cable and satellite services has also  increased, expanding the impact of the act’s advertising limits, which  restricts the duration of commercials and requires their separation from  children’s programming. FCC Relies on Broadcasters to Self- Report Violations but Lacks a Corresponding Oversight Approach for Cable Operators and Satellite Providers

		FCC’s Oversight of Broadcasters Generally Relies on Stations to Self- Report Violations

CTA tasks FCC with overseeing broadcast stations’ efforts to provide  educational and informational television programming for children. Additionally, unlike the license renewal application process  for broadcasters, FCC lacks a mechanism for cable operators or satellite  providers to certify compliance with the act and identify advertising  violations, even though cable operators and satellite providers are  required to maintain records in their public inspection file that are  sufficient to verify compliance with FCC rules, and are subject to  investigations of consumer complaints by FCC. As we discuss later in this report,  parents in our focus groups believed that there should be independent  standards or oversight and that station involvement in designating core  children’s programming represented a conflict of interest. FCC has previously collaborated with the media industry to implement  CTA and address other concerns. Parents in Focus Groups Were Generally Unaware of the Act and May Draw Incorrect Conclusions about Core Children’s Programming, but Valued Educational Children’s Programming

		Despite FCC Efforts, Parents Are Uninformed about the Act and Its Requirements, Potentially Leading to Incorrect Conclusions about Core Children’s Programming

FCC has emphasized the importance of parents’ knowledge of CTA and  taken steps to educate parents about the act’s provisions. Their beliefs about the requirements that should apply to  such programming were more stringent than current rules. Focus Group Parents Valued Appropriate and Educational Content in Children’s Programming, but Found Cable and Satellite Programming to Be More Trustworthy Than Broadcast

When discussing children’s programming in general, parents in our focus  groups stated that important aspects of such programming include that it  be educational, generally appropriate for children, and entertaining. During the same period, FCC has only identified seven  violations by cable operators and satellite providers even though they  face these same requirements and generally televise much more  children’s programming than any individual broadcaster. However, FCC has effectively  worked with industry stakeholders in the past to develop voluntary  guidelines in other contentious areas, such as the voluntary television  rating system.   To better inform parents about core children’s programming and  how it is designated as such, coordinate with broadcasters,  associations, parents, and other stakeholders to (1) identify  additional mechanisms—such as the recently launched ‘Parents’  Place’ Web site—for educating the public about core children’s  programming on commercial broadcast television stations and  assisting parents in making well-informed decisions about their  use of core children’s programming; (2) implement these  mechanisms; and (3) measure and assess the effectiveness of  these mechanisms. FCC generally concurred with our recommendations and  discussed planned and ongoing actions to address them. This report  discusses (1) the trends in children’s programming since the Children’s  Television Act of 1990 (CTA) was enacted, (2) FCC’s efforts to enforce  the act, and (3) the extent to which parents value and use core children’s  programming.
Why GAO Did This Study

The Children's Television Act of 1990 (CTA) and related Federal Communications Commission (FCC) rules restrict advertising during children's programs, whether aired by broadcast stations, cable operators, or satellite providers, and encourage broadcasters to air at least 3 hours per week of educational and informational programming for children (known as "core children's programming"). Broadcasters that certify in their license renewal application that they aired the minimum amount of core children's programming are eligible for expedited review. As requested, this report discusses (1) trends in children's programming, (2) FCC efforts to enforce the act, and (3) the extent to which parents value and use core children's programming. GAO analyzed FCC data, interviewed FCC and broadcast station officials, and conducted focus groups with parents.

What GAO Found

Broadcasters aired significantly more core children's programming in 2010 than in 1998, primarily because there are more broadcast channels and stations than there were then. An important source is multicasting, or the multiple channels aired by broadcasters since the digital television transition. Moreover, households increasingly rely on cable and satellite providers--to which core children's programming requirements do not apply--increasing the number of channels specifically targeted to children, but also increasing the impact of CTA and FCC's rules on advertising, which limit the duration of commercials and require their separation from children's programming on broadcast, cable, and satellite. Other media platforms, such as the Internet and MP3 players, are outside CTA's reach. FCC's reliance on broadcasters to self-report violations of CTA when they renew their operating licenses has resulted in about 7,000 violations of the advertising or public file rules resulting in fines of almost $3 million. The vast majority of violations were for exceeding advertising time limits. FCC has no comparable self-reporting enforcement approach to oversee cable operators' or satellite providers' compliance with these same advertising limits. Instead, FCC's oversight efforts have identified only seven violations by cable and satellite providers even though they televise much more children's programming than broadcasters. FCC has avoided developing specific standards for core children's programming or judging program content, due to free speech concerns, relying instead on a broad definition and oversight by the public. A lack of widely accepted standards to assess such programming makes it difficult for parents and broadcasters to evaluate the educational content of core children's programming, potentially leading to wide variation in its quality. In the past, FCC and the media industry have collaborated to resolve concerns about program content in other areas. Parent focus groups were largely unaware of CTA's requirements despite FCC's public education efforts. Once informed about the act and core children's programming, focus group parents believed requirements governing such programming should be more stringent than current rules. Core children's programming is designated as such by broadcast stations, but focus group parents believed independent standards or assessments of programming should be required, and parents in all focus groups perceived broadcast station involvement in the process to be a potential conflict of interest. Parents in our focus groups stated that important aspects of children's programming were that it be educational, age appropriate, and entertaining. Focus group parents had differing views on the importance and definition of educational television, but generally agreed that child-dedicated cable networks are more trustworthy for children's programming than broadcast stations and that a gap exists in appropriate programming for school-age children.

What GAO Recommends

GAO recommends that FCC (1) implement a strategy to oversee cable operators' and satellite providers' compliance, (2) work with industry to develop voluntary guidelines for assessing core children's programming, and (3) implement and assess the effectiveness of additional mechanisms to inform parents about core children's programming. FCC generally concurred with GAO's recommendations and discussed planned and ongoing actions to address them.