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United States Government Accountability Office: 
GAO: 

Report to the Chairman, Committee on Commerce, Science, and 
Transportation, U.S. Senate: 

July 2011: 

Children's Television Act: 

FCC Could Improve Efforts to Oversee Enforcement and Provide Public 
Information: 

GAO-11-659: 

GAO Highlights: 

Highlights of GAO-11-659, a report to the Chairman, Committee on 
Commerce, Science, and Transportation, U.S. Senate. 

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. 

View [hyperlink, http://www.gao.gov/products/GAO-11-659] or key 
components. For more information, contact Mark Goldstein at (202) 512-
2834 or goldsteinm@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

Children's Programming Has Increased with Varying Requirements for 
Complying with the Act: 

FCC Relies on Broadcasters to Self-Report Violations but Lacks a 
Corresponding Oversight Approach for Cable Operators and Satellite 
Providers: 

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: 

Conclusions: 

Recommendations for Executive Action: 

Agency Comments: 

Appendix I: Objectives, Scope, and Methodology: 

Appendix II: Comments from the Federal Communications Commission: 

Appendix III: GAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Summary of Key FCC Rules Related to the Children's Television 
Act of 1990 and Who They Apply to: 

Table 2: Hours of Core Children's Programming Increased in Eight DMAs 
from 1998 to 2010: 

Table 3: Numbers of Commercial Broadcast Stations and Channels 
Increased in Eight DMAs from 1998 to 2010: 

Table 4: Percent of Time That Programming Is Available during Core 
Children's Programming Hours (7:00 a.m. to 10:00 p.m.) in Eight DMAs 
in 1998 and 2010: 

Figure: 

Figure 1: Types and Amount of Self-Reported Broadcaster Violations of 
FCC's Children's Television Rules, 1996 and 2004 License Renewal 
Cycles: 

Abbreviations: 

CTA: Children's Television Act of 1990: 

DMA: Designated Market Area: 

E/I: Educational/Informational: 

FCC: Federal Communications Commission: 

OMB: Office of Management and Budget: 

PBS: Public Broadcasting Service: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

July 14, 2011: 

The Honorable John D. Rockefeller, IV:
Chairman:
Committee on Commerce, Science, and Transportation:
United States Senate: 

Dear Mr. Chairman: 

The television industry has continued to evolve since the advent of 
broadcast television in the 1940s and 1950s. In recent years, the 
number of stations has grown and the transition to digital television 
has further increased the number of channels available to viewers. 
Studies show that people's viewing of television has also grown, 
including children's viewing. Congress enacted title I of the 
Children's Television Act of 1990 (CTA) to shield children from 
excessive advertising by commercial broadcast stations and to help 
ensure that broadcast television met its public service obligations to 
children by ensuring that some television was educational and 
informational.[Footnote 1] CTA required the Federal Communications 
Commission (FCC) to (1) initiate and complete a rulemaking proceeding 
to prescribe standards regulating commercial advertising transmitted 
during children's television programs, (2) limit the duration of 
advertising that may be shown during children's television programs, 
and (3) consider the extent to which a broadcast station has served 
the educational and informational needs of children through its 
overall programming when reviewing a station's application to continue 
broadcasting.[Footnote 2] The advertising provisions apply to cable 
operators as well as commercial over-the-air broadcasters.[Footnote 3] 
By rule, FCC extended the advertising restrictions to direct broadcast 
satellite providers (satellite providers).[Footnote 4] 

In light of the significant role that television programming plays in 
the lives of young viewers, you asked us to examine the status of the 
act, including FCC's efforts to enforce it as well as how FCC provides 
information on children's programming to parents who may wish to use 
it to help plan their family television viewing. This report discusses 
(1) the trends in children's programming since CTA was implemented, 
(2) FCC's efforts to enforce the act, and (3) the extent to which 
parents value and use core children's programming. 

To obtain information about the trends in children's programming since 
the act was implemented, we conducted a trend analysis of children's 
programming in eight designated market areas (DMA) of different sizes 
to determine changes in the availability of core children's 
programming between 1998 and 2010. To ensure variation in size and 
geographic dispersion, we selected the following DMAs: New York, New 
York; Dallas-Fort Worth, Texas; Denver, Colorado; San Diego, 
California; Grand Rapids-Kalamazoo-Battle Creek, Michigan; Spokane, 
Washington; Charleston, South Carolina; and Butte-Bozeman, Montana. In 
each DMA, we identified commercial stations that reported airing core 
children's programming and obtained reports submitted by each station 
from FCC's public database for a randomly selected quarter in each 
year from 1998 through 2010. For each station, we collected data on 
the reported average weekly hours of core children's programming as 
well as information on the program title, scheduled air day and time, 
and target age group for each program. We did not include programming 
aired by non-commercial broadcast stations, such as Public 
Broadcasting Service (PBS) member stations, in our analysis of core 
children's programming because non-commercial broadcast stations are 
not required to report the same data and thus comparable data were not 
available. We also interviewed personnel from commercial and non-
commercial broadcast stations in five of these eight DMAs: Dallas-Fort 
Worth, Texas; San Diego, California; Grand Rapids-Kalamazoo-Battle 
Creek, Michigan; Spokane, Washington; and Charleston, South Carolina 
as well as personnel from various industry stakeholders, including 
representatives of industry associations, television networks 
specializing in children's programming, and providers of syndicated 
children's programming. 

To obtain information about FCC's efforts to implement and enforce 
CTA, we reviewed relevant statutes and FCC rules related to commercial 
broadcast stations, cable operators, and satellite providers, as well 
as available FCC data on violations and civil penalties it issued. We 
also interviewed staff from several offices of FCC--including the 
Enforcement Bureau and the Media Bureau--as well as personnel from 
commercial and non-commercial broadcast stations in the five DMAs we 
visited. 

To obtain information on the extent to which parents value and use 
core children's programming, we conducted 10 focus groups of parents 
in 5 of the 8 DMAs noted above: Dallas-Fort Worth, Texas; Grand Rapids-
Kalamazoo-Battle Creek, Michigan; Spokane, Washington; San Diego, 
California; and Charleston, South Carolina. We recorded the focus 
groups and analyzed written summaries of each, then multiple GAO 
analysts coded the responses to identify trends across the focus 
groups and worked to ensure agreement about the coding. In addition, 
we interviewed personnel from FCC, commercial and non-commercial 
broadcast stations, a child advocacy group, providers of syndicated 
children's programming, industry associations, and officials at 
various networks that specialize in children's programming. To obtain 
information on the availability of FCC information on core children's 
programming and CTA to parents through internet search engines, we 
conducted an analysis of search results using the three most popular 
internet search engines in the U.S. using various search terms. To 
assess the reliability of the data FCC provided, we interviewed FCC 
officials and determined that the data were sufficiently reliable for 
the purposes of describing trends in children's programming and in FCC 
enforcement activities. 

We conducted this performance audit from April 2010 to June 2011 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. Appendix I 
contains a more detailed discussion of our objectives, scope, and 
methodology. 

Background: 

In the United States, households with televisions are able to receive 
free, over-the-air broadcast television programming or pay for a 
subscription cable or satellite television service. Over-the-air 
broadcast television is comprised of commercial broadcast television 
stations--such as affiliates of networks like ABC or NBC--and non- 
commercial educational broadcast television stations--such as PBS 
member stations. For a subscription fee, cable operators and satellite 
providers generally offer a greater number of channels than free, over-
the-air broadcast--including channels devoted to children's 
programming--as well as other services, such as on-screen program 
guides. 

Following a decrease in the amount of children's educational 
programming in the 1980s and an increase in advertising during such 
programming, Congress sought to limit children's exposure to 
commercial advertisements by requiring that FCC initiate a rulemaking 
proceeding to prescribe standards regulating commercial advertising 
transmitted during children's television programs. Congress also 
sought to enhance children's educational programming by establishing 
that each broadcaster's obligation to serve the public interest 
includes an obligation to serve the educational needs of children. It 
also required that FCC consider before renewing any station license 
the extent to which the station has served the educational and 
informational needs of children during its license period.[Footnote 5] 

As framed by CTA, the educational programming provision of the act 
only applies to broadcast stations and not to cable operators or 
satellite providers. Cable operators and satellite providers are, 
however, subject to FCC's restrictions on children's television 
advertising--cable operators because they were included by the 
statutory language[Footnote 6] and satellite providers by FCC rule. 
[Footnote 7] Also by rule, non-commercial television stations, such as 
PBS member stations, are required to comply with some, but not all, of 
the same requirements as commercial television stations.[Footnote 8] 

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.[Footnote 9] FCC rules broadly 
define core children's programming as any programming that is 
specifically designed to further the educational and informational 
needs of children 16 years of age and under in any respect, including 
the child's intellectual/cognitive or social/emotional needs. In 
addition, to be considered core children's programming the program 
must satisfy the following criteria: 

* It has serving the educational and informational needs of children 
ages 16 and under as a significant purpose. 

* It is aired between 7:00 a.m. and 10:00 p.m. 

* It is a regularly scheduled weekly program. 

* It is at least 30 minutes in length. 

* It is identified on-screen throughout the program using the symbol 
'E/I' so that viewers may identify the program as educational and 
informational. 

* The educational and informational objective of the program and the 
age range of the target audience are specified by the broadcaster in a 
Children's Television Programming Report that is filed quarterly with 
FCC and included in the broadcaster's public inspection file. Among 
other things, this report identifies efforts made by the broadcaster 
during the preceding quarter to serve the educational and 
informational needs of children. 

* The program's identification as educational and informational and an 
indication of its intended age group are provided to publishers of 
program guides. Such program guides could include newspapers, 
magazines, or cable operators and satellite providers for their on- 
screen program guides. 

Broadcast stations use the above FCC definition and criteria as a 
guide to determine if a program can be classified as core children's 
programming. It is up to a broadcast station's management or other 
personnel to determine which programming will be designated by the 
station as its core children's programming. 

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. This rule, while not requiring core children's 
programming, represents an incentive to broadcasters because approval 
by the full Commission could delay the renewal.[Footnote 10] Thus, to 
avoid Commission-level review, most stations choose to air at least 3 
hours of core children's programming per week. 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.[Footnote 11] Digital stations providing more than 
one stream of free programming are eligible for staff-level review of 
their license renewal application if they air at least 3 hours of core 
children's programming per week on their main channel and additional 
hours on their multicast channels. 

Advertising Rules for Broadcasters, Cable Operators, and Satellite 
Providers: 

To shield children aged 12 and under from excess advertising, CTA 
limits advertising shown during children's programming by broadcasters 
and cable operators to a maximum of 10.5 minutes per hour on weekends 
and 12 minutes per hour on weekdays.[Footnote 12] FCC has also 
developed rules to create a clear distinction between program content 
and advertising in children's programs. For example, characters from a 
program are prohibited from appearing in or delivering advertisements 
during that program, an action known as "host-selling." These rules 
apply to commercials during any programming developed and intended for 
children 12 and under, including most, but not all, core children's 
programming because core children's programming can be intended for 
children up to age 16. FCC strengthened and expanded its rules in 2004 
and 2006 to include additional aspects of advertising, such as 
prohibiting the display of some Internet web addresses during 
children's programs. These rules do not apply to commercials during 
programming intended for a general audience, such as a game show, even 
though children 12 and under may be watching. Table 1 summarizes key 
FCC rules and to whom they apply. 

Table 1: Summary of Key FCC Rules Related to the Children's Television 
Act of 1990 and Who They Apply to: 

Rules: Incentive to air at least 3 hours per week of core children's 
programming; 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Check]; 
Applies to cable operators[D]: [Empty]; 
Applies to satellite providers[E]: [Empty]. 

Rules: Submit quarterly reports to FCC on core children's programming 
aired (Children's Television Programming Reports); 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Empty]; 
Applies to satellite providers[E]: [Empty]. 

Rules: Maintain a public inspection file with information regarding 
core children's programming; 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Empty]; 
Applies to satellite providers[E]: [Empty]. 

Rules: Maintain a public inspection file with information regarding 
advertising during children's programming; 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Check]; 
Applies to satellite providers[E]: [Check]. 

Rules: Limit advertisements shown during any program for children 12 
and under to no more than 10.5 minutes per hour on weekends and 12 
minutes per hour on weekdays; 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Check]; 
Applies to satellite providers[E]: [Check]. 

Rules: Advertisements aired during any program for children 12 and 
under cannot include characters from that program (known as 'host- 
selling'); 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Check]; 
Applies to satellite providers[E]: [Check]. 

Rules: Inform publishers of program guides of the station's core 
children's programming; 
Applies to commercial broadcasters[A]: [Check]; 
Applies to non-commercial/educational broadcasters[B,C]: [Empty]; 
Applies to cable operators[D]: [Empty]; 
Applies to satellite providers[E]: [Empty]. 

Source: Various rules listed below. 

[A] 47 C.F.R. §§ 73.671, 73.3526(e)(11), 73.670, 73.673. 

[B] FCC's rules on advertising in children's programming do not apply 
to non-commercial educational television stations. In addition, FCC 
excluded these stations from the requirement to prepare and file 
quarterly children's programming reports and from other public 
information initiatives required of commercial stations in part to 
avoid imposing unnecessary constraints on such broadcasters and in 
part in recognition of the commitment made by non-commercial 
educational stations in general to serve children. 

[C] 47 C.F.R. § 73.671. 

[D] 47 C.F.R. §§ 76.1703, 76.225. 

[E] 47 C.F.R. § 25.701. 

[End of table] 

Children's Programming Has Increased with Varying Requirements for 
Complying with the Act: 

Core Children's Programming on Commercial Broadcast Television Has 
Increased as a Result of More Channels and Stations: 

The amount of core children's programming aired by commercial 
broadcast stations in the television markets we reviewed increased 
significantly from 1998 to 2010, with the increases ranging from 73 
percent in the smallest market (Butte-Bozeman, Montana), to 477 
percent in the largest market (New York, New York).[Footnote 13] As 
shown in table 2, the average weekly hours aired more than doubled for 
six markets. As a result, viewers of broadcast television in these 
markets have more educational and informational core children's 
programming available to them. 

Table 2: Hours of Core Children's Programming Increased in Eight DMAs 
from 1998 to 2010: 

DMA: Butte-Bozeman; 
1998 Total average weekly hours: 11; 
2010 Total average weekly hours: 19; 
Percent change in weekly hours: 73. 

DMA: Charleston; 
1998 Total average weekly hours: 22; 
2010 Total average weekly hours: 108; 
Percent change in weekly hours: 391. 

DMA: Dallas-Fort Worth; 
1998 Total average weekly hours: 52; 
2010 Total average weekly hours: 134; 
Percent change in weekly hours: 158. 

DMA: Denver; 
1998 Total average weekly hours: 40; 
2010 Total average weekly hours: 151; 
Percent change in weekly hours: 278. 

DMA: Grand Rapids-Kalamazoo-Battle Creek; 
1998 Total average weekly hours: 38; 
2010 Total average weekly hours: 129; 
Percent change in weekly hours: 239. 

DMA: New York; 
1998 Total average weekly hours: 56; 
2010 Total average weekly hours: 323; 
Percent change in weekly hours: 477. 

DMA: San Diego; 
1998 Total average weekly hours: 18; 
2010 Total average weekly hours: 31; 
Percent change in weekly hours: 72. 

DMA: Spokane; 
1998 Total average weekly hours: 27; 
2010 Total average weekly hours: 85; 
Percent change in weekly hours: 215. 

Source: GAO analysis of FCC data. 

Note: Amounts have been rounded to the nearest whole number. 

[End of table] 

Based on our analysis, these changes are likely due to two trends: (1) 
increases in the number of channels and broadcast stations and (2) the 
emergence of some broadcast stations that air large amounts of 
children's programming. The digital television transition prompted 
many broadcast stations to increase the number of channels that they 
broadcast, a concept known as "multicasting."[Footnote 14] At the end 
of 2010, half of all full-power commercial broadcast stations 
nationwide were multicasting a total of more than 1,000 additional 
channels.[Footnote 15] Table 3 shows the changes in the number of 
television stations and channels in the markets we analyzed. New 
broadcast stations also help account for the increase in core 
children's programming. Nationwide, there was an increase of 754 
licensed commercial broadcast stations, from 3,349 in 1998 to 4,103 in 
2010--a 23 percent increase. Six of the eight markets we studied added 
at least two television stations that are required to air core 
children's programming. For example, the Grand Rapids market added two 
stations while the New York market added four. New broadcast channels 
and stations tend to increase the total amount of core children's 
programming because each additional station and full-time channel must 
air additional core children's programming per week to receive FCC 
staff-level approval at license renewal. 

Table 3: Numbers of Commercial Broadcast Stations and Channels 
Increased in Eight DMAs from 1998 to 2010: 

DMA: Butte-Bozeman; 
1998 Number of stations: 3; 
2010 Number of stations: 3; 
Percent change in number of stations: 0; 
1998 Number of channels: 3; 
2010 Number of channels: 5; 
Percent change in number of channels: 67%. 

DMA: Charleston; 
1998 Number of stations: 5; 
2010 Number of stations: 7; 
Percent change in number of stations: 40%; 
1998 Number of channels: 5; 
2010 Number of channels: 11; 
Percent change in number of channels: 120%. 

DMA: Dallas-Fort Worth; 
1998 Number of stations: 16; 
2010 Number of stations: 17; 
Percent change in number of stations: 6%; 
1998 Number of channels: 16; 
2010 Number of channels: 30; 
Percent change in number of channels: 88%. 

DMA: Denver; 
1998 Number of stations: 11; 
2010 Number of stations: 18; 
Percent change in number of stations: 64%; 
1998 Number of channels: 11; 
2010 Number of channels: 28; 
Percent change in number of channels: 155%. 

DMA: Grand Rapids-Kalamazoo-Battle Creek; 
1998 Number of stations: 8; 
2010 Number of stations: 10; 
Percent change in number of stations: 25%; 
1998 Number of channels: 8; 
2010 Number of channels: 20; 
Percent change in number of channels: 150%. 

DMA: New York; 
1998 Number of stations: 14; 
2010 Number of stations: 18; 
Percent change in number of stations: 29%; 
1998 Number of channels: 14; 
2010 Number of channels: 41; 
Percent change in number of channels: 193%. 

DMA: San Diego; 
1998 Number of stations: 5; 
2010 Number of stations: 7; 
Percent change in number of stations: 40%; 
1998 Number of channels: 5; 
2010 Number of channels: 10; 
Percent change in number of channels: 100%. 

DMA: Spokane; 
1998 Number of stations: 6; 
2010 Number of stations: 9; 
Percent change in number of stations: 50%; 
1998 Number of channels: 6; 
2010 Number of channels: 14; 
Percent change in number of channels: 133%. 

Source: GAO analysis of FCC data. 

Note: Percentages have been rounded to the nearest whole number. 

[End of table] 

Increases in core children's programming have also resulted from the 
small number of commercial broadcast stations that have emerged in 
some markets that air significantly more than 3 hours of core 
children's programming weekly. Prior studies of core children's 
programming have shown that most commercial broadcast stations aired 
an average of 3 to 4 hours of core children's programming per week and 
none of the stations we analyzed aired more than 10 hours per week in 
1998. In 2010, however, several stations aired much larger amounts. 
For example, one commercial broadcast station in Charleston reported 
airing an average of more than 82 hours per week, representing more 
than 75 percent of the total weekly core children's programming aired 
on the 11 channels in the market. In some cases, these stations air 
more than all the other stations in a given market combined. For 
example, one commercial broadcast station in Grand Rapids reported 
airing an average of 66 hours a week of core children's programming, 
compared to a combined total of 63 hours reported by the other 
stations in the same market. None of the stations airing significantly 
more than 3 hours of core children's programming are affiliated with 
one of the major television networks.[Footnote 16] 

Core children's programming was more available in 2010 than 1998 in 
that it airs across a wider range of days and times, for children of 
different ages. Availability of such programming is an important 
factor since the developmental needs of children vary by age. FCC 
regulations define core children's programming to meet the educational 
and informational needs of children aged 16 and under and require that 
stations identify the intended age range for each program. FCC does 
not require broadcasters to target programming for specific age groups 
but FCC noted that research has demonstrated that the ability of young 
children to comprehend television content varies by age, and that 
educational programming should be targeted to an age range spanning no 
more than 3 to 4 years to ensure that its content is appropriate to 
the developmental level of the intended audience. Even though 
broadcasters are airing more programming than previously, if 
programming for specific age groups within a market is aired at the 
same time, overall availability may be limited. 

In the markets we studied, core children's programming is generally 
less concentrated on the weekends and more programs are aired 
throughout the week than in 1998. In 2010, the percentage of all 
programming aired on the weekend declined while the percentage during 
the week increased in five of the eight markets we reviewed. We also 
found that core children's programming in the markets we reviewed is 
more available at different times and for children of different ages 
than in 1998. To demonstrate the broader availability of this 
programming in 2010, GAO calculated the portion of each day--that is, 
between the hours of 7:00 a.m. and 10:00 p.m. when core children's 
programming can be aired per the FCC regulation--when at least one 
program aired for children of three different ages. For this analysis, 
we chose the ages of 4, 8, and 13. For each of these ages, the 
analysis shows the percentage of the day in each of the markets when 
any programming is aired. For six of the eight markets we looked at, 
the availability of core programming for all three age groups 
increased significantly, as shown in table 4. In the remaining 
markets, availability increased for 4-year olds and 13-year olds. 

Table 4: Percent of Time That Programming Is Available during Core 
Children's Programming Hours (7:00 a.m. to 10:00 p.m.) in Eight DMAs 
in 1998 and 2010: 

DMA: Butte-Bozeman; 
Programming for a 4-year old: 1998: 1; 
Programming for a 4-year old: 2010: 3; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 4; 
Programming for an 8-year old: 2010: 4; 
Programming for an 8-year old: Change: No change; 
Programming for a 13-year old: 1998: 2; 
Programming for a 13-year old: 2010: 10; 
Programming for a 13-year old: Change: Increase. 

DMA: Charleston; 
Programming for a 4-year old: 1998: 7; 
Programming for a 4-year old: 2010: 35; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 12; 
Programming for an 8-year old: 2010: 27; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 5; 
Programming for a 13-year old: 2010: 13; 
Programming for a 13-year old: Change: Increase. 

DMA: Dallas-Fort Worth; 
Programming for a 4-year old: 1998: 15; 
Programming for a 4-year old: 2010: 43; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 21; 
Programming for an 8-year old: 2010: 41; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 9; 
Programming for a 13-year old: 2010: 18; 
Programming for a 13-year old: Change: Increase. 

DMA: Denver; 
Programming for a 4-year old: 1998: 13; 
Programming for a 4-year old: 2010: 53; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 20; 
Programming for an 8-year old: 2010: 54; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 10; 
Programming for a 13-year old: 2010: 21; 
Programming for a 13-year old: Change: Increase. 

DMA: Grand Rapids-Kalamazoo-Battle Creek; 
Programming for a 4-year old: 1998: 13; 
Programming for a 4-year old: 2010: 71; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 20; 
Programming for an 8-year old: 2010: 63; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 7; 
Programming for a 13-year old: 2010: 13; 
Programming for a 13-year old: Change: Increase. 

DMA: New York; 
Programming for a 4-year old: 1998: 18; 
Programming for a 4-year old: 2010: 61; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 27; 
Programming for an 8-year old: 2010: 70; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 12; 
Programming for a 13-year old: 2010: 37; 
Programming for a 13-year old: Change: Increase. 

DMA: San Diego; 
Programming for a 4-year old: 1998: 4; 
Programming for a 4-year old: 2010: 5; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 9; 
Programming for an 8-year old: 2010: 7; 
Programming for an 8-year old: Change: Decrease; 
Programming for a 13-year old: 1998: 5; 
Programming for a 13-year old: 2010: 11; 
Programming for a 13-year old: Change: Increase. 

DMA: Spokane; 
Programming for a 4-year old: 1998: 9; 
Programming for a 4-year old: 2010: 45; 
Programming for a 4-year old: Change: Increase; 
Programming for an 8-year old: 1998: 11; 
Programming for an 8-year old: 2010: 49; 
Programming for an 8-year old: Change: Increase; 
Programming for a 13-year old: 1998: 5; 
Programming for a 13-year old: 2010: 14; 
Programming for a 13-year old: Change: Increase. 

Source: GAO analysis of FCC data. 

Note: Amounts have been rounded to the nearest whole number. 

[End of table] 

The Amount of Children's Programming on Cable and Satellite That Must 
Comply with Advertising Limits Has Increased: 

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. The number of channels on cable and 
satellite that focus either mostly or exclusively on children's 
programming has expanded from two channels in 1990 to at least eight 
in 2010. Some of these channels show children's programming 24 hours 
per day and 6 of the 8 channels air commercials. Since FCC rules allow 
up to 12 minutes of commercials per hour during children's programming 
on weekdays and 10.5 minutes per hour on weekends, the potential 
amount of advertising on these channels increases in direct proportion 
to the increase in programming and is thus much higher than it was in 
1990. 

In addition, more households have access to this increased programming 
and advertising. According to FCC, fewer households rely on broadcast 
only for television; most instead get programming from a cable 
operator or satellite provider. FCC reported in 2007 that 87 percent 
of television households subscribe to a service provided by a cable 
operator or satellite provider, up from 56 percent in 1990.[Footnote 
17] Children's programming channels are carried by the largest cable 
operators and satellite providers, making some of them available to 
nearly 100 million households. Although not generalizable, most of the 
parents in our focus groups also subscribed to a cable or satellite 
service at home--83 of 90 participants, or 92 percent--and many 
perceived that this service is better for children than broadcast. For 
example, parents in most of the focus groups we conducted said that 
their children did not watch commercial broadcast television. With 
expanded core children's programming on broadcast television and 
increased programming and viewers of cable and satellite services, the 
impact of the act's advertising limits also increases due to the 
larger amount of advertising subjected to the act. 

Emerging Platforms for Children's Video Programming Are Outside the 
Scope of the Act: 

Children are also using other media platforms--computers, wireless 
devices such as cell phones, video game consoles, and MP3-type 
players--to access television programming that does not have to meet 
any of the requirements of CTA. A 2010 report from the Kaiser Family 
Foundation found that the amount of time children spent watching 
regularly scheduled programming on television declined by nearly half 
an hour per day, but time spent watching television programming on 
other platforms increased by nearly an hour.[Footnote 18] The act does 
not extend to content viewed from these other sources; therefore, this 
content is not required to comply with the core children's programming 
or advertising limits established in the act. For example, commercials 
presented as part of a program viewed on another platform are not 
required to conform to time or content restrictions. As other media 
sources account for a larger percentage of children's program viewing, 
parents may become less able to rely on the E/I symbol to identify 
educational and informational television for their children and the 
advertising limits placed on television become less effective. 

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. 
With respect to enforcing the act's and FCC's rules on advertising 
limits, however, FCC relies on stations to self-report violations 
during the license renewal process. The FCC must consider the extent 
to which broadcast stations have complied with their legal 
requirements, including CTA, when reviewing their license renewal 
applications.[Footnote 19] The application asks stations to certify 
that they have complied with their legal obligations; stations that 
are unable to certify that they met their obligations must attach an 
explanation to the application. For example, if stations exceed the 
advertising limitations, they are expected to include an explanation 
as to how and why they exceeded the limits. According to FCC staff and 
officials from commercial broadcast stations, broadcasters are 
motivated to provide truthful information on their license renewal 
application, even if it results in a civil penalty. Any unreported 
violations or other misrepresentations could result in increased civil 
penalties or the eventual loss of a station's license. 

According to FCC officials, almost all FCC enforcement actions related 
to children's television have stemmed from stations self-reporting 
violations during the license renewal process. The most common 
violation concerned running advertising exceeding allowed limits. Most 
of the enforcement actions that FCC has taken against commercial 
broadcast stations for violating rules regarding children's television 
have been written admonishments or civil penalties. According to FCC, 
the Commission will generally issue civil penalties for more serious 
violations, such as violations that occur over long periods of time; 
otherwise, FCC will generally issue a written admonishment. For the 
last two license renewal cycles in 1996 and 2004, FCC issued about 
7,000 violations to over 600 stations, and assessed civil penalties 
totaling almost $3 million.[Footnote 20] Most of these violations were 
advertising length violations--advertisements aired during children's 
programming that exceeded 10.5 minutes per hour on weekends or 12 
minutes per hour on weekdays (see fig. 1). The remaining violations 
concerned other advertising problems--such as host-selling or failure 
to create a clear distinction between program content and advertising--
or problems with a broadcast station's public inspection file--such as 
the station not including all the required children's programming 
documents in the file.[Footnote 21] 

Figure 1: Types and Amount of Self-Reported Broadcaster Violations of 
FCC's Children's Television Rules, 1996 and 2004 License Renewal 
Cycles: 

[Refer to PDF for image: pie-chart] 

Advertising length: 5,332; 
Public file and other: 731; 
Other advertising: 847. 

Source: GAO analysis of FCC data. 

[End of figure] 

During the licensed period, FCC also oversees compliance with the act. 
For example, it investigates complaints received from consumers 
regarding core children's programming. Furthermore, FCC reviews some 
quarterly filings made by broadcasters that describe the core 
children's programming aired by the station during the previous 
calendar quarter and scheduled to be aired the following calendar 
quarter. Through these reviews, FCC staff is able to identify stations 
that are not airing 3 hours per week of core children's programming. 
According to FCC officials, the Commission may informally ask the 
station for information as to why the station did not meet the 3-hour 
minimum. 

In addition to enforcement efforts during the license renewal cycle, 
FCC also monitored the advertisements during a random selection of 
children's programs on selected commercial broadcast stations from 
2000 to 2004 but stopped doing so after finding few violations. These 
monitoring efforts--which each year looked at about 25 stations and 2 
to 4 hours of programming on each station--focused on verifying that 
the stations complied with the rules regarding advertising shown 
during children's programming.[Footnote 22] FCC officials found one 
violation by a commercial broadcast station during the 5 years it 
monitored advertisements. According to FCC officials, the Commission 
stopped monitoring the advertisements after 2004 because of these 
limited results, determining that resources and staff should be used 
for other tasks. 

Although CTA and FCC's enforcement focuses on stations' license 
renewal, enforcement actions are sometimes implemented mid-license 
term in response to an FCC random inspection of a station or a 
consumer complaint, thus necessitating that stations monitor the 
length and content of advertising aired during children's television 
programming. Staff from some commercial broadcast stations we spoke 
with stated that they have processes in place to actively monitor 
their children's programming in order to minimize and prevent 
violations, but staff from an independent commercial broadcast station 
said that they did not monitor the programming and would not know if 
the programming streams they aired violated the act. 

Furthermore, FCC does not track potentially widespread advertising 
violations that occur at the network level and are aired by affiliated 
commercial broadcast stations. While commercial broadcast stations may 
self-report a violation during license renewal, FCC does not have a 
tracking mechanism in place to ensure the violation is actually 
reported by each licensee. For example, in December 2006 a nationwide 
network that provided children's programming and advertising to its 
affiliated commercial broadcast stations included an advertisement 
that violated FCC rules. In January 2007, the network issued a 
memorandum to its affiliated commercial broadcast stations explaining 
the incident and the steps that would be implemented to prevent such a 
violation from occurring again. The violation occurred toward the end 
of the previous license renewal period, which ran from 2004 to 2007. 
As such, most of the broadcast stations affiliated with this network 
have not yet filed their renewal application, which would cover this 
event; most will do so when the next license renewal period begins in 
2012. Without a mechanism for tracking these types of widespread 
violations, FCC cannot verify that all affected stations are actually 
reporting the violation. FCC officials we spoke with recognized this 
issue and stated that the Commission could consider developing and 
implementing methods to ensure that similar violations are tracked by 
FCC and reported by broadcasters. According to FCC, the Commission has 
not established a tracking mechanism, in part, because such violations 
are generally reported by each licensee in its license renewal 
application. 

FCC Does Not Currently Oversee Cable and Satellite Providers' 
Compliance with Advertising Requirements, Resulting in Unbalanced 
Enforcement: 

CTA's advertising requirements apply to cable operators as well as 
commercial broadcasters and, as stated, FCC has extended similar 
requirements to satellite providers by regulation. Unlike broadcast 
stations, however, cable operators and satellite providers do not go 
through the kind of license renewal process required to maintain an 
over-the-air broadcast license.[Footnote 23] As such, FCC does not 
have the same opportunities to review compliance with the act and FCC 
rules as it does with broadcast stations. According to FCC officials, 
no cable operator or satellite provider has ever voluntarily self-
reported any violations of the act to FCC. 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. 

FCC investigators have conducted reviews of cable operators' and 
satellite providers' public inspection files to ensure that these 
entities are maintaining records sufficient to verify compliance with 
FCC rules regarding advertising during children's programming. FCC 
investigators found five instances between 2005 and 2010 in which 
cable operators did not maintain sufficient records. All of the 
violations were for cable operators, not satellite providers, and none 
resulted in civil penalties. 

As noted above, FCC monitored commercial broadcast stations' 
compliance with advertising rules from 2000 to 2004; the 2003 and 2004 
investigations also observed cable operators' compliance.[Footnote 24] 
FCC found two cable operator violations in 2003 and none in 2004. 
These violations occurred on separate networks that were carried by 
cable operators across the country, reaching over 85 million 
households. One of the violations involved advertising that conflicted 
with FCC's advertising content rules that was later determined to have 
been repeated 31 times over the course of about 1 year. The other 
violation involved advertising that exceeded FCC's advertising time 
limits 591 times, representing over 1,000 30-second commercials. The 
act and FCC rules make cable operators, not the networks that provide 
them the programming, responsible for complying with the advertising 
limit rules. However, in these two cases, the networks made voluntary 
contributions to the U.S. Treasury, since they provided cable 
operators with the programming in question.[Footnote 25] 

FCC discontinued its investigations after 2004 and since then other 
advertising violations may have occurred. Over the same period of time 
that broadcasters reported over 6,000 advertising violations, cable 
operators and satellite providers have not reported any, and FCC only 
identified two advertising violations despite the large amount of 
children's television programming aired by cable operators and 
satellite providers as compared to that aired by commercial broadcast 
stations. A senior FCC official stated that FCC cannot be certain that 
there are no advertising violations occurring on programming offered 
by cable operators or satellite providers. We found an advertising 
industry self-regulatory organization that identified advertising that 
potentially violated FCC's advertising rules in 2006. The advertising 
included pictures of a DVD featuring characters from the program 
during which the commercial aired. The responsible network 
acknowledged the violation and attributed it to human error. However, 
when asked, a senior FCC official told us that he was unaware of this 
potential violation and that FCC did not issue a civil penalty. 

As previously noted, FCC officials told us that they discontinued 
oversight monitoring because most entities were found to be in 
compliance with the rules and because enforcement staff and resources 
were dedicated to higher-priority needs. In response to our findings, 
FCC told us that the Commission currently has plans to conduct 
oversight of cable operators' and satellite providers' compliance with 
advertising rules on a consistent basis. A senior FCC official also 
said that the Commission has methods to oversee cable operators' and 
satellite providers' compliance with advertising rules. For example, 
certain FCC offices subscribe to cable or satellite services which 
would permit such offices to monitor compliance. This and similar 
efforts would permit the Commission to have a better understanding of 
advertising shown on stations offered by cable operators or satellite 
providers. Without oversight, FCC cannot ensure that cable operators 
and satellite providers are complying with the act, potentially 
exposing children to excess or inappropriate advertising that the act 
and FCC rules seek to minimize and leading to unbalanced enforcement. 

Concerns Remain about the Quality and Educational Value of Some Core 
Children's Programming, but Regulating Program Content Is Challenging: 

While some definitions and standards for educational children's 
programming do exist--for example, PBS developed and implemented a set 
of guidelines for use in producing its children's programming--there 
are no broadly accepted industry standards for educational programming 
that broadcasters can use. FCC officials told us that the definition 
of core children's programming as currently established in FCC rules 
is intentionally broadly written so as not to dictate specific 
programming content. They said that a prescriptive definition of what 
constitutes educational and informational programming could be seen, 
in their view, as an attempt by the government to regulate program 
content, which could potentially violate the free speech provision of 
the First Amendment to the U.S. Constitution. Broadcasters are 
responsible for selecting core children's programming and certifying 
that it adheres to the definition established by FCC rules. However, 
without standards, broadcasters can not be sure that their programming 
is educational and informational under the act. 

FCC relies on the public, including parents and child advocacy groups, 
to monitor and react to core children's programming content. FCC 
officials stated that by doing so, the Commission intends for the 
public's complaints to prompt broadcasters to self-regulate. While the 
public has rarely filed complaints regarding the content of children's 
programming with FCC, some child advocacy groups have chosen to file 
petitions to deny license renewal with FCC regarding the quality of 
core children's programming content aired by some broadcast 
stations.[Footnote 26] For example, in a still pending case from 2004, 
a group filed a petition to deny the license renewal of a broadcast 
station operating in the Washington, D.C., area. In the petition to 
deny, the group cited a children's media expert's analysis of a 
program shown on the broadcast station. The expert noted that the 
program, designated as core children's programming, had "no palpable 
message, lessons, or curriculum at even the most modest level of depth 
that would contribute to a child's positive development in any sense." 
[Footnote 27] 

A lack of content standards makes it difficult for stakeholders--such 
as parents, educational groups, and broadcasters--to evaluate the 
educational content of core children's programming and could lead to 
wide variation in that content. Some child advocacy groups have raised 
concerns regarding the quality of core children's programming content, 
generally stating that the content of these programs is neither 
educational nor informational. For example, one group reviewed 90 
episodes of core children's programming and used a variety of criteria-
-including the clarity of the lesson presented and its applicability 
to the real world--to determine the quality of those episodes. 
According to the study,[Footnote 28] the group determined that the 
vast majority of the episodes it reviewed (86 percent) were either 
minimally or moderately educational; only 13 percent were deemed 
highly educational. The same study noted that the percentage of core 
children's programs that it considers to be highly educational fell 
over a 10-year period (from the 1997-1998 season to the 2007-2008 
season), from 29 percent of core children's programs to 13 percent of 
core children's programs. Another study examining the quality of 
children's television programs,[Footnote 29] which used a different 
set of criteria to judge program quality, determined about 60 percent 
of programs were of moderate or low quality, with the remaining 
roughly 40 percent being of high quality. 

When commenting on an FCC notice of inquiry regarding the evolving 
media landscape, the National Association of Broadcasters urged FCC to 
continue its practice of relying on broadcast stations to certify that 
the stations' core children's programming serves the educational and 
informational needs of children. The National Association of 
Broadcasters noted that FCC has very limited authority to regulate 
program content. However, personnel at some broadcast stations we 
talked to said program quality was not a high priority when selecting 
which core children's programs to air, expressing greater concern 
about meeting the minimum requirements of the act. 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. For example, FCC and stakeholders 
collaborated in the rulemaking process to reach agreements on several 
rules implementing the act, including the minimum number of hours of 
core children's programming to be aired per week, as well as the 
extension of this minimum to each multicast channel. In the 1990s, FCC 
recognized stakeholders' development of a voluntary television rating 
system to address concerns about violent, sexual, or other content in 
programs as meeting statutory requirements. This rating system still 
exists and several parents in our focus groups noted that they use the 
ratings in deciding which programs their children watch. 

FCC took steps to renew the dialog about children's programming in 
2007 by seeking public comments on the status of children's 
programming. In 2009, FCC issued another notice of inquiry to collect 
broader information about a changing media landscape which included 
some questions about children's television programming. Within that 
notice of inquiry, FCC asked about the quality of core children's 
programming provided by broadcast stations. Comments submitted in 
response to the notice disagreed over the quality of core children's 
programming. The notice of inquiry recently closed and FCC is still 
considering what further action, if any, it will take in this 
proceeding. Without more specific standards of what constitutes 
educational and informational programming, the extent to which core 
children's programming aired today is actually educational and 
informational remains unclear and, thus, whether a broadcaster's 
compliance is in fact meaningful. 

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. FCC has 
stated that the act's effectiveness and, thus, the effectiveness of 
the core children's programming aired as a result of the act, is, in 
part, dependent on parents' knowledge of children's educational 
programming. The FCC's 1996 Order on Children's Television states 
several benefits of educating parents on the act including that (1) 
public access to information would permit the FCC to rely on 
marketplace forces to achieve the goals of the act and facilitate 
enforcement through public monitoring and (2) information on core 
children's programming would assist parents in planning their 
children's viewing.[Footnote 30] To that end, FCC efforts to educate 
the public include requirements that stations (1) display an E/I 
symbol on-screen during core children's programming, (2) maintain a 
public inspection file detailing the station's core children's 
programming available to the public, and (3) supply publishers of 
programming guides with information on core children's programming. 

We found, however, that parents are largely unaware of CTA's contents 
despite FCC efforts. For example, although not generalizeable, we 
found that some parents in focus groups we conducted were unaware that 
any children's programming was aired on commercial broadcast stations 
at all. Most parents in our focus groups also did not recognize the 
E/I symbol or know its meaning. Specifically, of 90 focus group 
parents, 44 recognized the E/I symbol, but only 2 parents across all 
focus groups knew what the symbol meant. Of the parents who thought 
they may have seen the symbol before, many stated they may have seen 
it on PBS member stations, which air a large amount of core children's 
programming. 

In addition to this on-screen requirement, FCC requires broadcast 
stations to maintain a public inspection file at the station location 
that is available to the public and details the station's core 
children's programming and air times in addition to program 
descriptions. Broadcast station staff that we spoke to stated that 
members of the public rarely seek access to this information. FCC has 
adopted a rule that would require public inspection files to be made 
accessible via the station's Web site, but this rule is not yet in 
effect.[Footnote 31] 

The most frequently cited tools for finding information on children's 
television in our focus groups were programming guides, internet 
searches, and other parents, but FCC's efforts and rules involving 
these outlets may not be effective. While parents in our focus groups 
stated that they look for information on children's programming in 
their programming guide, cable operators and satellite providers are 
not required to, and generally do not, publish this 
information.[Footnote 32] Parents in our focus groups also stated that 
Internet searches are an important tool for them to find children's 
programming. FCC's 'Parents' Place' Web site provides parents and 
other members of the public with information on stations that air core 
children's programming, broadcast times, and general background 
information on the programs. However, we found that this site was 
difficult to find using popular internet search engines and a variety 
of search terms. 

Past studies, as well as statements from parents in our focus groups, 
indicate that parents remain generally unaware of CTA or that core 
children's programming is even available. Without knowledge of the 
act's existence, parents are unable to seek out information on core 
children's programming through the outlets provided by the FCC, 
including the public inspection files, the 'Parents' Place' Web site, 
and on-screen tools such as the E/I symbol. As a result of these 
disconnects between FCC efforts and parent knowledge, parents are 
unable to find and take advantage of the core children's programming 
provided as a result of the act. 

In addition to a lack of knowledge about the act, when parents in our 
focus groups were informed about its existence and core children's 
programming we asked what their expectations would be for television 
programs that have the E/I label, as opposed to programs that do not 
have the label. Their beliefs about the requirements that should apply 
to such programming were more stringent than current rules. For 
example, parents in most of our focus groups stated that they believed 
that a panel or review board consisting of a variety of experts and 
stakeholders should review and approve core children's programming. 
Some parents believed or assumed that core children's programming was 
designated in the same way that television programs and movies are 
rated, that is, using rating systems implemented by the National 
Association of Broadcasters, National Cable & Telecommunications 
Association, and Motion Picture Association of America. Parents in 
five of the focus groups stated that they believed set criteria should 
exist for how programs are designated as core children's programming. 

In addition to these beliefs about the process of core children's 
programming designation, parents within and across the focus groups we 
conducted had varying beliefs about the types of groups that should be 
involved in the process. Parents disagreed about the extent to which 
local, state, and federal governments should be involved; however, 
parents in all 10 focus groups stated that the television industry 
(including producers, stations, and networks) should have either 
limited involvement or no involvement, citing a conflict of interest. 
A small number of parents approved of industry involvement. However, 
the core children's programming provided under the act is designated 
as such by each broadcast station that airs the programming and 
neither the FCC nor any independent group is responsible for reviewing 
or approving the designation. Regarding criteria, while FCC rules do 
require that core children's programming have as its significant 
purpose the educational and informational needs of children, this 
limited criteria for core children's programming content does not 
align with parents' beliefs about what should be required under the 
act. Further, resources provided by FCC to inform parents about the 
act, such as the 'Parents' Place' Web site and the E/I on-screen 
symbol, do not provide parents with detailed information on the 
process of designating core children's programming as such. 

Without a clear understanding of the limitations of the designation 
and content requirements for core children's programming, parents run 
the risk of allowing their children to watch programming they would 
not otherwise allow. For instance, after learning about the act's 
existence and stating their beliefs about the designation process for 
core children's programming, some parents in our focus groups stated 
that they would use the E/I symbol as a determining factor when 
choosing programming for their children, but others stated they would 
not rely on the symbol at all or would use it as a guide to choosing 
programming in addition to other information sources. 

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.[Footnote 33] Although not generalizeable, parents who 
participated in our focus groups stated the following characteristics 
as desirable features for children's television: 

* Appropriate: Parents valued non-violent programs that display morals 
and positive examples for children. 

* Academics: Parents valued programs that taught subjects such as 
reading, foreign languages, and counting, as well as programs that 
challenge children to think and ask questions. 

* Life lessons: Parents valued programs that presented age-appropriate 
life lessons for children, such as the importance of brushing teeth 
for young children. 

* Entertainment value: Parents valued programs that were entertaining 
to their children. 

* Family entertainment: Parents valued programs that they would watch 
with their children and provided entertainment for a wide age range. 

Conversely, parents stated the following characteristics as negative 
features of children's television: 

* Advertising: Parents in several focus groups stated that children 
are too affected by the amount and content of commercials they see. 

* Bad examples: Parents noted several negative examples, such as 
children's programs with characters that (1) engage in adult 
activities, (2) bully others, or (3) encourage materialistic behaviors. 

* Inappropriate content: Parents noted dissatisfaction with programs 
that are violent, encourage use of foul language, or portray sexual 
situations or nudity. 

While some parents in 6 of the 10 focus groups we conducted stated 
that they see children's television primarily as a means of 
entertainment, with a parent in one group stating that educational 
content is not necessary, other parents in five focus groups saw 
educational content as one of the most important features of 
children's television. Parents also had differing opinions on what 
constitutes educational television programming, with some stating that 
they were personally unclear of how to define such programming. Some 
parents in our focus groups said that the definition of educational 
can depend on the age and the preferences of the child. For instance, 
parents in one focus group stated that they preferred programs that 
did not teach life lessons because they prefer to teach those lessons 
themselves according to their own values. Additionally, parents 
expressed wide variation in programs that they consider to be 
educational. Programs they mentioned included themes such as spelling, 
counting, science, and reality programs focused on law enforcement and 
teen pregnancy. 

Some focus group parents generally viewed cable and satellite 
television, along with a small number of broadcast stations like PBS 
member stations and Qubo,[Footnote 34] as more trustworthy sources for 
children's programming than most broadcast stations. Furthermore, some 
parents stated that their children do not watch programs on commercial 
broadcast stations at all. Parents cited several reasons for this. 
First, parents like that there is less risk of children being exposed 
to inappropriate content, such as commercials or programs not meant 
for children, on cable and satellite networks or stations geared 
toward children's programming than on most broadcast stations. Second, 
parents stated that it is easier for children and parents to rely on 
channels that focus primarily (or exclusively) on children's 
programming instead of broadcast channels that only air a few hours 
per week. For example, one parent stated that, on cable channels, no 
matter what children want to watch, the programs are always available. 
Third, some parents stated that there is not enough children's 
programming on broadcast stations or the programming is repeated too 
often. 

We also found that parents in many of our focus groups perceived a gap 
in the programming available for children of certain ages. Our trend 
analysis showed that children's programming is available for a wide 
range of age groups, but parents in 8 of the 10 focus groups we 
conducted raised the issue of a lack of programming appropriate for 
school-aged children; parents in five of those eight focus groups 
specifically stated that there was a lack of educational children's 
programming for this age group. The age range of this perceived 
programming gap as stated by parents varied and included, in some 
cases, children as young as 6 and as old as 15. For instance, one 
parent of a child between 6 and 9 stated that high-quality educational 
programs are generally meant for children aged 5 and under and that 
programs on some popular children's cable networks are aimed at 
children older than 9. The parent believed that this gap leads her 
child to watch lower-quality programs because they are the only ones 
aimed at children between 6 and 9 years old. Lending credence to this 
perceived gap in programming, we found during our trend analysis that 
the age range provided for some programs varied widely among 
commercial broadcast stations and television markets. For instance, 
one program is listed in various markets as being appropriate for 
three separate age groups: ages 2 through 5, ages 6 through 10, and 
ages 10 through 14. Parents' perception of this gap may be heightened 
by PBS, which has chosen to focus its programming on children younger 
than 8 years of age. PBS officials said that children ages 2 to 8 are 
the age group most in need of high-quality television. 

Conclusions: 

FCC's reliance on broadcasters to self-report violations to the 
Children's Television Act and related FCC advertising rules has 
limits--it depends upon commercial broadcast stations closely 
monitoring their own compliance and being sufficiently motivated to 
report their violations. Nonetheless, it has been much more effective 
than FCC's oversight of cable and satellite advertising restrictions. 
Since the act went into effect, broadcasters have self-reported about 
7,000 advertisement and public file violations. 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. The imbalance in enforcement has resulted from 
a lack of oversight by FCC. FCC officials told us that the Commission 
has not consistently enforced cable and satellite compliance with CTA 
and FCC's rules since 2004 and has no way of knowing if violations 
have occurred. Any possible violations would have exposed children to 
excessive advertisements. In addition, parents in several of our focus 
groups cited advertisements as one of the things they disliked the 
most related to children's television. 

The range of stakeholders on this issue disagree about the quality of 
the educational content of core children's programming and there are 
no generally accepted standards by which to measure that quality. Some 
child advocacy groups have charged that much of broadcasters' core 
children's programming lacks educational value, and some broadcasters 
said that educational content was not a top priority in selecting the 
programming. Furthermore, most parents in our focus groups already 
believed that core children's programming should meet set standards or 
receive independent approval before being certified educational and 
informational by broadcasters. FCC officials agree that there are no 
standards but said that the government is limited in what it can 
require without impinging on broadcasters' free speech rights afforded 
under the First Amendment to the U.S. Constitution. 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. Without such standards, moreover, 
broadcasters will remain vulnerable to questions of the extent to 
which core children's programming is, indeed, educational and 
informational. 

Educational standards, however, do not matter unless children benefit 
from core children's programming. Despite efforts by FCC and broadcast 
stations to inform the public about core children's programming 
provided under the act, many parents are not aware of the act or its 
requirements for children's programming. Most parents in our focus 
groups said that their children do not watch broadcast television and 
many did not even realize that commercial broadcast stations still 
televise children's programs. Only 2 of 90 parents who participated in 
our focus groups actually knew what the E/I label meant. Parents said 
that they look for information related to children's programming on 
the Internet, but detailed information on the process of designating 
core programming as such is not readily available to parents through 
popular Internet search engines. Until stakeholders are able to agree 
upon standards for and increase public awareness of the core 
children's programming provided as a result of the act, children will 
not fully benefit from the broadcasters' efforts to comply with the 
act. 

Recommendations for Executive Action: 

To help ensure that children more fully benefit from the Children's 
Television Act of 1990, we recommend that the Chairman of the Federal 
Communications Commission take the following three actions: 

* To improve enforcement of the act and the related rules, develop and 
implement a strategy for overseeing cable operators' and satellite 
providers' compliance with the required advertising limits. 

* To better ensure that core children's programming meets the 
educational and informational needs of children, collaborate with the 
media industry to explore the potential for voluntary guidelines or 
standards to be used in creating and assessing core children's 
programming. 

* 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. 

Agency Comments: 

We provided a draft of this report to FCC for review and comment. FCC 
provided its written comments on the draft by a letter dated July 5, 
2011. These comments are included, in their entirety, as appendix II 
to this report. FCC generally concurred with our recommendations and 
discussed planned and ongoing actions to address them. In separate 
correspondence, FCC also provided technical comments, which we 
incorporated as appropriate. 

We are sending copies of this report to the Federal Communications 
Commission and other interested parties. In addition, the report will 
be available at no charge on the GAO Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staff have any questions about this report, please 
contact me at (202) 512-2834 or goldsteinm@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made key contributions 
to this report are listed in appendix III. 

Sincerely yours, 

Signed by: 

Mark L. Goldstein: 
Director, Physical Infrastructure Issues: 

[End of section] 

Appendix I: Objectives, Scope, and Methodology: 

We were asked to review how the Federal Communications Commission 
(FCC) provides information on children's programming to parents who 
may wish to use it to help plan their family television viewing. 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. 

To obtain information about the trends in children's programming since 
CTA was enacted, we conducted a trend analysis of core children's 
programming in eight designated market areas (DMA) of different sizes 
to determine changes in the quantity and availability of core 
children's programming between 1998 and 2010. DMAs are ranked annually 
by the Nielsen Company according to the number of television 
households and are widely used by both FCC and the media industry to 
report information. We selected a non-probability sample of eight DMAs 
for our trend analysis with regard for variation in both size and 
geographic dispersion based on the Nielsen Company's 2010 size ranking 
of all 210 DMAs in the United States. For size, we divided the ranked 
markets into thirds representing approximately 33 percent of 
television households and selected two DMAs from the group with the 
largest markets and three DMAs from the remaining two groups, for a 
total of eight DMAs. The selected markets, along with their ranked 
size, are: New York, New York (1); Dallas-Fort Worth, Texas (5); 
Denver, Colorado (16); San Diego, California (28); Grand Rapids-
Kalamazoo-Battle Creek, Michigan (41); Spokane, Washington (75); 
Charleston, South Carolina (97); and Butte-Bozeman, Montana (190). 

Broadcast stations were not required to report their core children's 
programming consistently until 1997, when FCC established a reporting 
requirement and form for that purpose: the Children's Television 
Programming Report.[Footnote 35] As such, we excluded the first year 
of available data (1997) based on concerns that stations may not yet 
have been reporting consistently. In each DMA, we developed a list of 
broadcast stations by identifying stations that reported airing core 
children's programming in the second quarter of 2010. We then obtained 
Children's Television Programming Reports submitted by each station 
from FCC's public database for a randomly selected quarter in each 
year from 1998 through 2010. We did not include programming aired by 
non-commercial broadcast stations, such as PBS member stations, in our 
analysis of core children's programming because non-commercial 
broadcast stations are not required to report the same data and thus 
comparable data were not available. From each Children's Television 
Programming Report, we collected data on the reported average weekly 
hours of core children's programming as well as other information such 
as the program title, scheduled broadcast day and time, and target age 
group for each program. 

To show availability of programming for children of different ages in 
each DMA, we divided the core children's programming week--that is, 
between 7:00 a.m. and 10:00 p.m. each day of the week--into 30-minute 
segments. We also selected three different ages--4, 8, and 13--to 
represent the range of ages under 16. Using the trend analysis data, 
for each 30-minute segment, we identified whether at least a single 
program with a targeted age range that included one of the three 
selected ages aired in the DMA. We calculated the percentage of time 
that at least one program was available for each age by dividing the 
total number of those segments by the 210 available segments for each 
week. For example, in Denver in 2010, in 114 segments of the week 
there was at least one program aired that was targeted for an 8-year 
old. By dividing the total number of segments with available 
programming (114) by the total number of segments in the week (210), 
we found that, during the quarters in 2010 we randomly selected, 
programming for an 8-year old was available 54 percent of the time in 
Denver. We repeated the analysis for each of the three selected ages, 
for each of the eight selected DMAs in both 1998 and 2010. While 
conducting this trend analysis, we found some inconsistencies in the 
data reported to FCC in the Children's Television Programming Reports, 
such as stations reporting that their core children's programming 
aired outside of the required time frame (7:00 a.m. to 10:00 p.m.) or 
reporting that a program aired more times than possible in a given 
quarter. The results of our trend analysis are not generalizable to 
all commercial broadcast stations operating in the United States 
because we reviewed data from only 8 of 210 DMAs. In addition to 
conducting a trend analysis, we interviewed personnel from commercial 
and non-commercial broadcast stations in five DMAs: Dallas-Fort Worth, 
Texas; San Diego, California; Grand Rapids-Kalamazoo-Battle Creek, 
Michigan; Spokane, Washington; and Charleston, South Carolina. We also 
interviewed various industry stakeholders, including representatives 
of industry associations, television networks specializing in 
children's programming, and providers of syndicated children's 
programming. 

To obtain information about FCC's efforts to implement and enforce 
CTA, we reviewed relevant statutes and FCC rules related to commercial 
broadcast stations, cable operators, and satellite providers, as well 
as available FCC data on violations and civil penalties it issued. We 
also interviewed staff from several offices of FCC--including the 
Enforcement Bureau and the Media Bureau--as well as personnel from 
commercial and non-commercial broadcast stations in the five DMAs we 
visited. 

To obtain information on the extent to which parents value and use 
core children's programming, we conducted 10 focus groups of parents 
in five of the eight DMAs noted above: Dallas-Fort Worth, Texas; Grand 
Rapids-Kalamazoo-Battle Creek, Michigan; Spokane, Washington; San 
Diego, California; and Charleston, South Carolina. We conducted two 
focus groups of parents in each DMA, with parents divided according to 
the age of their children. In three DMAs, we conducted focus groups of 
parents with children between the ages of either 2 through 9 or 10 
through 16. After these focus groups were completed, we found that 
parents of children in the older group (ages 10 through 16) had 
consistent responses and stated that their children normally view 
programs meant for a general audience, rather than programs aimed 
specifically at children. To gain more varied information, the final 
four focus groups in the remaining two DMAs were conducted with 
parents with children aged either 2 through 5 or 6 through 9. We 
recorded the focus groups and completed written summaries of each, and 
then multiple GAO analysts coded the responses to identify trends 
across the focus groups and worked to ensure agreement about the 
coding. In addition, we obtained information by interviewing personnel 
from FCC, broadcast stations, child advocacy groups, providers of 
syndicated children's programming, industry associations, and 
officials at various networks that specialize in children's 
programming. To obtain information on the availability of FCC 
information on core children's programming and the act to parents 
through Internet search engines, we conducted analysis of search 
results using the three most popular Internet search engines in the 
United States using various search terms. To assess the reliability of 
the data FCC provided, we interviewed FCC officials and determined 
that the data were sufficiently reliable for the purposes of 
describing trends in children's programming and in FCC enforcement 
activities. 

We conducted this performance audit from April 2010 to June 2011 in 
accordance with generally accepted government auditing standards. 
Those standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe 
that the evidence obtained provides a reasonable basis for our 
findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: Comments from the Federal Communications Commission: 

Federal Communications Commission: 
Washington, D.C. 20554: 

July 5, 2011: 

Mark Goldstein:
Director, Physical Infrastructure Issues: 
U.S. Government Accountability Office: 
441 G Street, NW: 
Washington, DC 20548: 

Dear Mr. Goldstein: 

Thank you for the opportunity to respond to the draft Government 
Accountability Office (GAO) report addressing the Federal 
Communication Commission's (Commission) implementation of the 
provisions of the Children's Television Act of 1990. The Children's
Television Act of 1990 was designed primarily to limit the exposure of 
children 12 years of age and younger to television commercials and to 
expand the amount and availability of informational television and 
educational programming targeted to children (core programming). 

The GAO report recognizes that in the eight markets that it studied, 
during the period of time from 1998 to 2010, the amount of core 
children's programming "increased significantly...ranging from 73 
percent in the smallest market (Butte-Bozeman, Montana), to 477 
percent in the largest market (New York, New York)." In addition, the 
GAO report found that core children's programming was no longer 
concentrated on the weekends, but aired throughout the week. While the 
report correctly stated that the Commission primarily relies on the 
public, including parents and child advocacy groups, to monitor and 
react to core children's programming content, it recognized the 
Commission's enforcement action resulting in a 24 million dollar 
consent decree with a nationwide broadcast network that failed to 
broadcast core children's programming. 

As to the implementation of the commercial time limits during 
children's programs directed to younger children, the GAO report 
correctly states that during the last two television renewal cycles, 
in 1996 and 2004, the Commission issued over 7,000 fines to more than 
600 stations, totaling almost 3 million dollars, mostly for 
advertising length violations, but also including public file, host 
public selling and program length commercial violations. The report also
acknowledges the proactive Commission enforcement that resulted in 
$1.5 million in settlements with two well-known children's cable 
networks for possible violations of the commercial limits. 

The report recommends that the Commission develop and implement a 
strategy for overseeing cable operators' and satellite providers' 
compliance with the required advertising limits. As the report already 
acknowledges, the Commission has now reinstated its audit
program, designed to oversee cable operators' and satellite providers' 
compliance with advertising rules. The report also recognizes the 
ongoing enforcement efforts of the agency, which have found multiple 
violations of the requirement that cable operators maintain records of
their children's programming in their public inspection file. 

The report also recommends that the Commission explore the potential 
guidelines and standards with the media industry to be used in 
creating and for voluntary assessing core children's programming. We 
will forward these issues for consideration by the Commission's 
Consumer Advisory Committee (CAC), which was chartered under the 
Federal Advisory Committee Act. The FAC is composed of representatives 
from public interest groups and media-practices to media children's
related organizations. The CAC is particularly well suited to 
recommend best practices to media programmers and buyers to be used in 
the development and production of core programming CAC will also be 
able to provide helpful perspectives on efficient ways to educate 
parents as to the identification and availability of core children's 
programming. CAC will also be able to provide helpful perspectives on 
efficient and effective ways to educate parents as to the 
identification and availability of core children's programming. 
Finally, the report recommends that the Commission enhance the 
educational community, so that parents better understand the placement 
and availability of core programming. The Commission is now in the 
process of extensively revising its web site, to provide easier access 
to children's programming and related information, in a consumer 
friendly format. As part of this effort, the Commission will reassess 
the parent's page and its ability to outreach to the attract and 
convey helpful information to parents.  

Once again, we appreciate GAO's recommendations and we believe that we 
are already well on the way to implementing them. First, we have an 
audit plan already in place to monitor compliance of cable operators' 
and satellite providers' with the required advertising limits. 
Further, we have designated children's core programming and parent 
outreach  as issues to be addressed by the Consumer Advisory Committee 
for best practices recommendations. Finally, we are revamping the 
Commission's website so that children's core programming information 
is more easily searchable and accessible. We look forward to working 
with you in the future. 

Sincerely, 

Signed by: 

William T. Lake: 
Chief, Media Bureau:  

[End of section] 

Appendix III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Mark Goldstein (202) 512-2834 or goldsteinm@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Keith Cunningham, Assistant 
Director; Colin Fallon; Katherine Hamer; Bert Japikse; Kirsten Lauber; 
Hannah Laufe; Janet Mascia; Faye Morrison; Ramzi Nemo; Daniel Paepke; 
Terry Richardson; Jerome Sandau; Travis Thomson; Mindi Weisenbloom; 
Jade Winfree; and Elizabeth Wood made key contributions to this report. 

[End of section] 

Footnotes: 

[1] Pub. L. No. 101-437, title I, 104 Stat. 996 (1990) (codified at 47 
U.S.C. §§ 303a, 303b). Title II of the act pertained to the 
establishment of the National Endowment for Children's Educational 
Television. 

[2] FCC has interpreted CTA as requiring the educational and 
informational requirement to apply to non-commercial educational 
television broadcast stations as well as commercial television 
stations. See 47 C.F.R. § 73.671. 

[3] As defined at 47 U.S.C. § 522(5). 

[4] 47 C.F.R. § 25.701(e). 

[5] Because over-the-air broadcast stations use public airwaves to 
broadcast content, they are licensed to serve the "public interest, 
convenience and necessity." Communications Act of 1934, § 309(k)(1), 
as amended (codified at 47 U.S.C. § 309(k)(1)). FCC is responsible for 
overseeing these stations, a function it performs primarily by 
reviewing licensees' compliance with statutory and regulatory 
obligations as each station applies to renew its license. To renew 
their licenses, stations are required to submit a license renewal 
application and supporting data, which FCC reviews. If the data shows 
a licensee has not met its legal responsibilities, FCC may admonish 
the station or issue a civil penalty, or if it finds a serious 
violation or pattern of abuse, may refuse to renew the station's 
license, in which case the station may no longer operate. 

[6] 47 U.S.C. § 303a(d). 

[7] 47 C.F.R. § 25.701(e). 

[8] 47 C.F.R. § 73.671. 

[9] The ages relevant to core children's programming and to 
advertising during children's programming differ within FCC rules: the 
core children's programming criteria apply to programming for children 
aged 16 and younger; the limits on the amount and kind of advertising 
in children's programming apply to programming for children aged 12 
and younger. 

[10] Stations can also be eligible for FCC staff-level review of their 
license renewal application by airing a package of different types of 
educational and informational programming--for example, specials, 
public service announcements, or regularly scheduled non-weekly 
programs with a significant purpose of educating and informing 
children--that total less than 3 hours per week, but demonstrate a 
level of commitment that is at least equivalent to airing 3 hours per 
week of core children's programming. 

[11] Among other things, digital technology allows digital broadcast 
stations to simultaneously broadcast multiple channels instead of only 
a single channel. 

[12] Satellite providers were later included by FCC rule. 

[13] We discuss increases in children's programming offered on cable 
later in this report. 

[14] By June 2009, all full-power television stations in the United 
States transitioned from using an analog signal to a digital one. 
Whereas before the digital transition, each television station 
broadcast a single channel, after the transition each station has the 
capability of broadcasting multiple channels. Other types of broadcast 
television stations, such as low-power stations, are not required to 
transition and some continue to broadcast an analog signal. 

[15] Less than 1 percent of low-power stations were also multicasting. 

[16] For the purposes of this report, the major networks include ABC, 
CBS, Fox, and NBC. 

[17] Annual Assessment of the Status of Competition in the Market for 
the Delivery of Video Programming, Thirteenth Annual Report, 24 FCC 
Rcd 542 (2009). 

[18] Victoria J. Rideout, M.A., Ulla G. Foehr, Ph.D., and Donald F. 
Roberts, Ph.D., Generation M2: Media in the Lives of 8-to 18-Year 
Olds, A Kaiser Family Foundation Study (January 2010). 

[19] Broadcast stations are required to have a license in order to air 
programming. In general, broadcast stations apply for license renewal 
every 8 years. The two most recent license renewal cycles occurred in 
1996 and 2004; the next license renewal cycle is scheduled to begin in 
2012. 

[20] FCC also entered into an agreement with a nationwide broadcast 
network in 2007 to resolve children's programming issues. FCC 
determined that some stations affiliated with the network, whose 
licenses were being reviewed for renewal, had claimed programming as 
core children's programming when the programming was, in fact, not 
specifically designed to serve the educational and informational needs 
of children. The agreement between FCC and the nationwide broadcast 
network, known as a consent decree, required the network to make a 
contribution of $24 million to the U.S. Treasury and to create a 
compliance plan for the future. The consent decree does not place 
blame on the nationwide broadcast network or its affiliates and the 
financial contribution is not considered a civil penalty. 

[21] For example, broadcast stations are required by FCC rules to keep 
copies of their Children's Television Programming Reports in their 
public inspection file. Failure to do so could result in an 
admonishment or civil penalty. 

[22] The investigations conducted in 2003 and 2004 also included cable 
operators' compliance with these rules, which is discussed in greater 
detail in the next section. 

[23] CTA section 103 does not apply to cable operators or satellite 
providers. Pub. L. No. 101-437, § 103, 104 Stat., 997 (codified at 47 
U.S.C. § 303b). 

[24] FCC did not monitor satellite providers' compliance because the 
act's requirements were not applied to satellite providers until 2004. 

[25] To avoid a potentially time-consuming and resource-intensive 
investigation, each network entered into a consent decree with FCC in 
which they agreed to make voluntary contributions in the amount of 
$500,000 and $1,000,000, respectively. 

[26] A petition to deny is a method that individuals or groups can use 
to file complaints against a broadcast station. The petition is filed 
after the station has submitted its license renewal application and 
must contain specific allegations that FCC's renewal of the license 
would be "inconsistent with the public interest." FCC is then to 
consider the content of the petition to deny when deciding whether to 
renew the broadcast station's license. See 47 C.F.R. § 1.939. 

[27] Petition to Deny Application of Renewal of Broadcast Station 
License of Fox Television Stations, Inc., WDCA, Washington, D.C.: File 
No. BRCT-20040527AKL (filed Sept. 1, 2004). 

[28] Barbara J. Wilson, Dale Kunkel, and Kristin L. Drogos, 
Educationally/Insufficient?: An Analysis of the Availability and 
Educational Quality of Children's E/I Programming, a special report 
prepared at the request of Children Now, November 2008. 

[29] Amy B. Jordan and Kathleen Hall Jamieson, The State of Children's 
Television: An Examination of Quantity, Quality, and Industry Beliefs, 
a special report prepared at the request of the Annenberg Public 
Policy Center of the University of Pennsylvania, June 1996. 

[30] Policies and Rules Concerning Children's Television Programming: 
Revision of Programming Policies for Television Broadcast Stations, 
Report and Order, 11 FCC Rcd 10660 (1996). 

[31] In March 2008, FCC adopted a rule amending 47 C.F.R. § 73.670, 
that when effective would require public inspection files to be made 
accessible via the station's Web site. Because FCC planned to submit 
the rule to the Office of Management and Budget (OMB) for approval 
under the Paperwork Reduction Act of 1995, Pub. L. No. 104-13, as 
amended (codified at 44 U.S.C. ch. 35), FCC deferred setting an 
effective date, stating that it would do so once OMB approval was 
obtained. 73 Fed. Reg. 13452 (2008). No effective date has been set as 
of May 2011 because, as FCC officials stated, FCC has not submitted 
the rule to OMB and because petitions for reconsideration of the rule, 
as well as intervening litigation, have not been resolved. 

[32] While FCC recognized in the 1996 Order that publishers of program 
guides are not required to publish such information, the Order stated 
the hope that, if stations are required to provide information on core 
children's programming to the publishers on a regular basis, 
publishers would be more likely to include the information in program 
guides. Revision of Programming Policies for Television Broadcast 
Stations, 11 F.C.C.R. 10660, 10682 (1996). 

[33] Because parents in our focus groups were generally unaware of 
CTA, they were unable to discuss core children's programming 
specifically. 

[34] Qubo is one multicast channel aired by the ION broadcast network 
with stations in more than 50 markets and is also carried by cable 
operators in some markets. Qubo airs children's programming, including 
a large amount of core children's programming, 24 hours per day in 
these markets. 

[35] The Children's Television Programming Report is submitted to FCC 
by broadcast stations on a quarterly basis and includes information on 
the programming that a commercial television station has aired to 
serve the educational and informational needs of children. 

[End of section] 

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