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Federal Communications Commission, Deregulation of Children's Programming and
The Federal Communications Commission (FCC), an independent agency established by the U.S. Congress in the Communications Act of 1934, has jurisdiction to regulate electronic media in the United States, including broadcast television. In 1974, on petition filed by an advocacy group, the FCC declined to adopt rules for children's television programming. In 1984, the FCC reaffirmed nonregulation of children's programming amidst the deregulatory atmosphere of the Reagan administration. Ultimately, Congress passed the Children's Television Act (CTA) of 1990 and required the FCC to limit advertising in children's television programming and to consider whether broadcasters were adequately serving the educational and informational needs of children in their markets before the FCC renewed broadcasters' licenses.
Nonregulation in the 1970s
In 1971, the FCC initiated an inquiry and rule-making proceeding in response to a petition by the advocacy group Action for Children's Television (ACT). ACT petitioned the FCC to ban commercial sponsorship of children's television programs and to require television broadcasters to include a weekly quota of programming for children ages 12 years and younger during specified hours of the day. In a 1974 report and policy statement, the FCC agreed with ACT that broadcast television licensees have a duty to serve the public interest, which includes serving the educational and informational needs of children. However, the FCC declined to adopt children's television rules at that time.
The FCC concluded that banning commercial sponsorship of children's programming would eliminate a primary source of economic support and incentive to broadcast children's programs. Instead of a rule, the FCC chose to rely on continued industry self-regulation of children's television advertising but cautioned broadcasters that the agency would monitor children's programming for excessive commercialization. The FCC also cautioned television broadcasters to maintain adequate separation between content and advertising in children's programming.
The FCC also declined to adopt mandatory quota or scheduling requirements for children's television programming and concluded that the “commercial marketplace” provided adequate incentive to television broadcasters to provide children's programming. The FCC recommended improved efforts by broadcasters in serving the needs of children and indicated that their individual practices in this area were subject to review during license renewal procedures.
Nonregulation in the 1980s and Congressional Response
The FCC terminated the proceedings on the ACT petition in a 1984 report and order and again declined to adopt children's television rules for broadcasters. The FCC reminded commercial television broadcasters of their continued public interest obligation to meet the educational and informational needs of children in their markets but concluded that the availability of alternate sources for children's programming, including videocassettes, pay cable services, and public broadcasting, made mandatory national standards unnecessary.
After President Reagan vetoed children's television legislation in 1988, Congress passed the Children's Television Act of 1990, which imposed per-hour limits on advertising in children's television programming and required the FCC to determine whether television broadcasters were serving the educational and informational needs of children before it renewed broadcasters' licenses. The FCC adopted rules enforcing these provisions in 1991 and 1996, which effectively ended the FCC policy of nonregulation in the realm of children's television programming.
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