Children's Television Act: FCC Could Improve Efforts to Oversee Enforcement and Provide Public Information

Under the Children's Television Act of 1990 (CTA) and subsequent regulations, broadcast television stations, cable operators, and satellite providers are required to limit the time and content of advertising shown during programming intended for children 12 years old and younger. In 2011, GAO reported that FCC relies on broadcasters to self-report violations but lacks a corresponding oversight approach for cable operators and satellite providers. 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. During the licensed period, FCC also oversees compliance with the act through its investigations of consumer complaints and reviews of some quarterly filings made by broadcasters. However, 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. Without effective oversight of cable and satellite providers, FCC cannot ensure that those 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. GAO recommended that FCC develop and implement a strategy for overseeing cable operators' and satellite providers' compliance with the required advertising limits. In response, FCC indicated that it had plans to conduct oversight of cable operators' and satellite providers' compliance with advertising rules on a consistent basis. In 2015, GAO confirmed that FCC conducted a review of cable operators and satellite providers but FCC found no violations of the CTA advertising limits. FCC also issued a public notice, reminding cable operators and satellite providers of their obligations associated with the transmission of children's programming. Based on the lack of identified violations from this and a previous, similar audit, FCC decided not to conduct annual audits but is aware of the importance of periodic monitoring. This risk-based strategy increases FCC's assurance that all programming providers are complying with the children's advertising requirements and that enforcement is not unbalanced.

To increase children's access to educational television programming, the Children's Television Act of 1990 (CTA) and related Federal Communications Commission (FCC) rules encourage broadcasters to air at least 3 hours per week of educational and informational programming for children (known as "core children's programming"). In 2011, GAO reported on concerns about the quality and educational value of some core children's programming. FCC rules define core children's programming but officials told GAO that this definition is intentionally broadly written so as not to dictate specific programming content. Broadcasters are responsible for selecting core children's programming and certifying that it adheres to FCC's definition but there were no broadly accepted industry standards for educational programming that broadcasters can use. Without standards, broadcasters cannot be sure that their programming is educational and informational under the act. Therefore, GAO recommended that FCC 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 ensure that core children's programming meets the educational and informational needs of children. In 2015, GAO confirmed that FCC took several steps to implement GAO's recommendation by collaborating with the broadcast industry. First, FCC representatives collaborated with broadcasters through National Association of Broadcasters' panel discussions that include discussions about CTA programming. Second, the FCC official overseeing CTV compliance said she held informal discussions about children's programming with content producers, such as a production company that provides educational programming for ABC, CBS, and CW, representing 3 of the 5 largest broadcast networks. Third, FCC formally clarified its definition of core children's programming, stating that "there can be no reasonable question raised" as to whether the programming aired by a broadcaster is educational. FCC officials said that this level of collaboration is appropriate based on the low level of complaints FCC has received about core programming. The steps FCC has taken meet the spirit of GAO's recommendation thorough the Commissions discussions with the broadcast industry to address concerns regarding the content of children's programming. As a result, FCC has taken the first real steps towards developing volunteer guidelines, which will make it easier for parents and broadcaster to evaluate the education and informational content of core children's programming.