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Status of the Digital Television Transition
Subcommittee on Telecommunications and the Internet
10:00 a.m. in room 2123 Rayburn House Office Building
http://energycommerce.house.gov/membios/schedule.shtml

Children's Educational Programming

In 1990, Congress enacted the Children’s Television Act (CTA) to increase the amount of educational and informational programming for children available on television. CTA requires each broadcast television station in the United States to serve the educational and informational needs of children through its overall programming, including programming specifically designed to serve these needs (“core programming”). It also limits the amount of time broadcasters and cable operators may devote to commercial matter during children’s programs.

The Federal Communications Commission (FCC) has adopted rules to carry out this mandate. Under the FCC’s rules, television stations must:

  • provide parents and consumers with advance information about core programs being aired;
  • define the type of programs that qualify as core programs; and
  • air at least three hours per week of core educational programming.

Core Programming

“Core programming” is programming specifically designed to serve the educational and informational needs of children ages 16 and under. Core programming must meet the following additional criteria:

  • at least 30 minutes in length;
  • aired between the hours of 7:00 a.m. and 10:00 p.m.; and
  • a regularly scheduled weekly program.

Getting Information About Children's Programming

A central goal of the FCC’s rules is to provide parents and other members of the public with more information about educational television programming. This information helps parents guide their children’s television viewing and also encourages an ongoing dialogue between the public and TV stations about TV station performance under CTA.

To help accomplish this, the FCC’s rules require commercial television stations to identify a core educational program by displaying throughout the program the “E/I” icon denoting that the program is “educational and/or informational.” Commercial television stations must also provide information identifying these programs to publishers of program guides and TV listings.

The rules also require commercial TV stations to complete and file quarterly reports with the Commission regarding their educational programming and to make these reports available to the public. Broadcast licensees must file with the FCC and place in their public inspection files at their stations a quarterly Children’s Television Programming Report (FCC Form 398) identifying their core programming and other efforts to comply with their educational programming obligations.

Commercial Time Limitations

The FCC’s rules limit the amount of commercial matter which may be aired in certain children’s television programming to 10.5 minutes per hour on weekends and 12 minutes per hour on weekdays. These requirements apply to television broadcasters, cable operators, and satellite providers. These limitations are prorated for programs that are shorter than one hour in duration. The programming at issue for the commercial time limits is programming originally produced and aired primarily for an audience of children 12 years old and younger.

Commercial television broadcasters are required to place in their local public inspection files certifications that they have complied with the commercial time limits, and must identify any overages. At the time the station files an application to renew its FCC license, it must certify that no commercial overages occurred during the license term, or it must explain any overages.

The commercial time limits do not apply to non-commercial educational television stations because these stations are generally prohibited from airing commercials. Cable operators and satellite providers must also maintain records to verify compliance and make these records available for public inspection.

Commercial material includes more than advertisements. For instance, where a commercial announcement is primarily for a product otherwise unrelated to a program, but that announcement also includes references to or offers of products which are related to the program, then the broadcast of that commercial announcement during or adjacent to the program will make that program a program-length commercial. In such a case, the entire duration of the program-length commercial will be counted as commercial material. To avoid being considered a program-length commercial, commercial material related to a children’s program must be separated from that program by intervening and unrelated program material.

Additional Children's Programming Obligations

Since adopting its initial children’s programming rules, the FCC has established children’s educational and informational programming obligations for digital multicast broadcasters and placed restrictions on the increasing commercialization of children’s programming on both analog and digital broadcast and cable television systems. For digital broadcasters, effective January 1, 2007, at least three hours per week of core programming must be provided on the main programming stream. For digital broadcasters that multicast, the minimum amount of core programming will increase in proportion to the amount of free video programming offered by the broadcaster on multicast channels.

In addition, the FCC’s limit on the amount of commercial matter (10.5 minutes per hour on weekends and 12 minutes per hour on weekdays) applies to all digital video programming, free or pay, directed to children 12 years old and under.

Finally, the display of Internet Web site addresses during programs directed to children ages 12 and under is permitted only if the Web site meets the following criteria:

  • it offers a substantial amount of bona fide program-related or other noncommercial content;
  • it is not primarily intended for commercial purposes, including either e-commerce or advertising;
  • the Web site’s home page and other menu pages are clearly labeled to distinguish the noncommercial from the commercial sections; and
  • the page of the Web site to which viewers are directed is not used for e-commerce, advertising, or other commercial purposes (for example, contains no links labeled “store” and no links to another page with commercial material).

Television broadcasters and cable operators may not display Web site addresses during or adjacent to a children’s program if, on Web site pages with noncommercial content regarding that program or a program character, products are sold featuring a character in the program, or a program character is used to sell products.

These Web site requirements apply to both analog and digital programming.

The display prohibition applies only when Web site addresses are displayed during program or promotional material not counted as commercial time. It does not apply to certain public service announcements, station identifications, and emergency announcements.

What is "Host Selling?"

“Host selling” is any character endorsement that has the effect of confusing a child viewer from distinguishing between program and non-program material. The FCC’s rules permit the sale of merchandise featuring a program-related character in parts of a related Web site that are sufficiently separated from the program to mitigate the impact of host selling.

For more information on Children’s Educational Television, please visit the FCC’s Media Bureau Web site at www.fcc.gov/mb/policy/cetv.html.

Source
In the Matter of Children’s Television Obligations Of Digital Television Broadcasters. MM Docket 00-167) September 26, 2006.

V-chip ratings

Television stations must comply with the Telecommunications Act of 1996 provisions relating to the rating of video programming.

(47 U.S.C. § 303(w).)

Indecenct Programming

Television stations must adhere to restrictions on the airing of indecent programming.

(18 U.S.C. § 1464; 47 U.S.C. 303; 47 C.F.R. § 73.3999.)

Coverage Type 

The FCC tackled a big agenda on March 22, 2007. Here's brief summaries of the 13 items under consideration with links to additional coverage.

FCC LAUNCHES INQUIRY INTO BROADBAND MARKET PRACTICES
[SOURCE: Federal Communications Commission]
The FCC began an inquiry to better understand the behavior of participants in the market for broadband services. The Notice of Inquiry seeks information on the behavior of broadband market participants, including: How broadband providers are managing Internet traffic on their networks today; Whether providers charge different prices for different speeds or capacities of service; Whether our policies should distinguish between content providers that charge end users for access to content and those that do not; and How consumers are affected by these practices. The Notice of Inquiry further seeks comment on whether the Commission's 2005 Internet Policy Statement should incorporate a new principle of nondiscrimination and, if so, how would "nondiscrimination" be defined, and how would such a principle read.
http://www.benton.org/index.php?q=node/5254

* Public Knowledge Disappointed with FCC Broadband Notice of Inquiry
Gigi Sohn: "While we welcome the FCC’s interest in maintaining an open Internet, we are disappointed that the Commission chose to issue a simple Notice of Inquiry. This bureaucratic process will delay by months if not years the crucial action needed to guarantee that consumers will always have access to an open and non-discriminatory Internet — assuming that it issues a proposed rule after evaluating the information it receives from the inquiry."
http://www.publicknowledge.org/node/881

FCC CLASSIFIES WIRELESS BROADBAND INTERNET ACCESS SERVICE AS AN INFORMATION SERVICE
[SOURCE: Federal Communications Commission]
The FCC declared that wireless broadband Internet access service is an information service under the Communications Act (Act). This action places wireless broadband Internet access service on the same regulatory footing as other broadband services, such as cable modem service, wireline broadband (DSL) Internet access service, and Broadband over Power Line (BPL)-enabled Internet access service. It thus ensures, the FCC said, that wireless broadband Internet access services are similarly free from unnecessary regulatory burdens.
http://www.benton.org/index.php?q=node/5253

* Statement in response to Wireless Broadband Declaratory Ruling:
Harold Feld: “If the Commission genuinely wants to ‘standardize treatment of broadband services across platforms,’ it must require wireless services to allow subscribers to attach any device to its network. Media Access Project fully supports Commissioner Copp’s call for a Notice of Proposed Rulemaking to apply the Cartefone principles and the Commission’s network attachment rules to wireless networks.”
http://www.mediaaccess.org/press/MAP%20Statement%20on%20Wireless%20Rulin...

FCC ADOPTS RULES FOR DIGITAL AUDIO BROADCASTING
[SOURCE: Federal Communications Commission]
The FCC adopted a 2nd report and Order on Digital Audio Radio (digital radio to you and me). In the Order, the Commission: Refrains from imposing a mandatory conversion schedule for radio stations to commence digital broadcast operations; Allows FM radio stations to operate in the extended hybrid digital mode; Requires that each local radio station broadcasting in digital mode to simulcast a digital signal of at least comparable audio quality to its analog signal; Adopts a flexible bandwidth policy permitting a radio station to transmit high quality audio, multiple program streams, and data casting services at its discretion; Allows radio stations to time broker unused digital bandwidth to third parties, subject to certain regulatory requirements; Applies existing programming and operational statutory and regulatory requirements to all free DAB programming streams; Authorizes AM nighttime operations; Dismisses several pending Petitions for Reconsideration and Petitions for Rulemaking that asked, inter alia, the Commission to reconsider the adoption of iBiquity's in-band, on-channel (IBOC) system as the technology chosen for DAB transmission; Seeks further comment on appropriate limits to the amount of subscription services that may be offered by radio stations; and Seeks comment on whether the Commission should adopt any new public interest requirements for digital audio broadcasters.
http://www.benton.org/index.php?q=node/5252

* MAP Disappointed With FCC Digital Radio Order
Parul Desai: "The transition to digital radio, which will provide additional streams for programming and other services, presents an opportunity and platform for new and diverse voices and greater service to the public. It is unfortunate that the Commission majority refused to include even a word of official encouragement to broadcasters to voluntarily address the lack of independent programming, especially that created by women and people of color. As Commissioners Copps and Adelstein warned, the Commission’s work remains unfinished. Today's item leaves to a later date specific public interest obligations. Hopefully, the recognition of the current state of radio will guide the Commission as it resolves the proposed NPRM. While not a complete solution to the lack of diverse voices and perspectives, the Commission must seize on this opportunity to increase the participation of minorities and females in radio broadcasting. The Commission must seize upon this opportunity to ensure that the public receives truly beneficial services and programming, as the public airwaves were intended to be used. Only then will digital radio live up to its full potential."
http://www.mediaaccess.org/press/MAP%20Statement%20on%20DAB%20Order.pdf

FCC INITIATES RULEMAKING TO EVALUATE ACCESS TO MULTIPLE DWELLING UNITS FOR VIDEO PROVIDERS
[SOURCE: Federal Communications Commission]
The FCC adopted a Notice of Proposed Rulemaking that seeks comment on issues relating to the use of exclusive contracts for the provision of video services to multiple dwelling units ("MDUs") or other real estate developments. With this proceeding, the Commission is taking another step to foster greater competition in the market for the delivery of multichannel video programming.
http://www.benton.org/index.php?q=node/5251

* MAP Statement in response to FCC inside wiring NPRM
Harold Feld: "This action has the potential to bring the benefits of competition to millions of apartment renters, many of whom live in low-income neighborhoods. Hopefully, access to competing providers will lower costs and improve customer service for these communities. Landlords and incumbent monopolists have no right to collude to deny citizens the freedom to choose what they see, how they access the Internet, and how they talk to one another. But as Commissioner McDowell made clear, the Commission must ensure that the freedom to choose extends to _all_ communications services ­ video, voice and data. If the final rule permits exclusive contracts in voice or data, the Commission will have failed in its responsibility to protect all Americans from incumbent monopolists.”
http://www.mediaaccess.org/press/MAP%20Statement%20on%20MDU%20Order.pdf

FCC APPROVES CITADEL/DISNEY RADIO TRANSACTION
[SOURCE: Federal Communications Commission]
The FCC Thursday approved the sale of 24 Disney (ABC) radio stations to Citadel. As part of the deal, Citadel has agreed to shed 11 of its current stations so that it does not exceed FCC local-ownership caps.
http://www.benton.org/index.php?q=node/5250

FCC EVALUATES 76 NONCOMMERCIAL EDUCATIONAL FM APPLICATION GROUPS
[SOURCE: Federal Communications Commission]
The FCC adopted a Memorandum Opinion and Order that will bring new or improved noncommercial educational ("NCE") FM broadcast service to 76 communities, with millions of people expected to benefit from this decision.
http://www.benton.org/index.php?q=node/5249

FCC ADOPTS ANNUAL REPORT ON STATE OF COMPETITION IN THE SATELLITE INDUSTRY
[SOURCE: Federal Communications Commission]
The FCC adopted its First Annual Report to Congress on the state of competition in the communications satellite services industry. This inaugural report examines six wholesale and two retail satellite services markets for the period of 2000 through 2006. The FCC finds effective competition in the satellite markets addressed, based on a range of standard economic indicators commonly used to assess market concentration, conduct and performance.
http://www.benton.org/index.php?q=node/5248

FCC GRANTS 182 E-RATE APPEALS
[SOURCE: Federal Communications Commission]
The Federal Communications Commission granted 182 appeals filed by schools and libraries of decisions by the Universal Service Administrative Company (USAC) that reduced or denied funding to the institutions under the E-rate program.
http://www.benton.org/index.php?q=node/5247

FCC ADDRESSES RULES FOR PRIVATE LAND MOBILE RADIO SYSTEMS TO TRANSITION TO 6.25 kHz NARROWBAND TECHNOLOGY
[SOURCE: Federal Communications Commission]
The FCC adopted a Third Report and Order (Order) that declines, for now, to establish a fixed date for private land mobile radio (PLMR) systems in the 150-174 MHz and 421-512 MHz bands to transition to 6.25 kHz narrowband technology, but strongly urges licensees to consider migrating directly to 6.25 kHz technology rather than first adopting 12.5 kHz technology and later migrating to 6.25 kHz technology. The Order also revises the implementation date of the 6.25 kHz equipment certification rules from January 1, 2005 to January 1, 2011.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271692A1.doc

FCC SEEKS COMMENT ON PERMITTING THE USE OF SMALLER ANTENNAS BY FIXED SERVICE OPERATORS IN THE 11 GHz BAND
[SOURCE: Federal Communications Commission]
The FCC adopted a Notice of Proposed Rulemaking (Notice) that seeks comment on permitting the installation of smaller antennas by Fixed Service operators in the 10.7-11.7 GHz band. The Notice asks whether this action would serve the public interest by facilitating the efficient use of the 11 GHz band while protecting other users in the band from interference due to the use of smaller antennas. Today's Notice was adopted in response to a Petition for Rulemaking filed by FiberTower, Inc., a wireless backhaul provider, and to comments received in response to that Petition.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271694A1.doc



Coverage Type 

NET PORN BAN FACES ANOTHER LEGAL SETBACK
[SOURCE: C-Net|News.com, AUTHOR: Declan McCullagh]
Congress' efforts to muzzle pornography on the Web were dealt another serious setback on Thursday, when a federal judge ruled a 1998 law was unconstitutional and violated Americans' First Amendment rights. U.S. District Judge Lowell Reed in Philadelphia permanently barred prosecutors from enforcing the Child Online Protection Act, or COPA, saying it was overly broad and would undoubtedly "chill a substantial amount of constitutionally protected speech for adults." The lawsuit was filed by the American Civil Liberties Union.
http://news.com.com/Judge+rules+COPA+unconstitutional/2100-1030_3-616962...

* Court Rejects Law Limiting Online Pornography
http://www.nytimes.com/2007/03/23/us/23porn.html
* Judge Rejects Law Aimed at Internet Porn
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/22/AR200703...
* CDT Hails Landmark Internet Censorship Ruling
http://www.cdt.org/


Net porn ban faces another legal setback
Coverage Type 

A BRAVE NEW WORLD OR POLITICAL SKULDUGGERY?
[SOURCE: Washington Post, AUTHOR: Howard Kurtz and Jose Antonio Vargas]
The instant popularity of an attack video that mocked Sen. Hillary Rodham Clinton (D-N.Y.) prompted plenty of talk this week about how an ordinary citizen can influence political discourse by tapping into the power of the YouTube culture. But the unmasking of the filmmaker as an employee of a company on the payroll of Clinton's Democratic presidential rival, Sen. Barack Obama (Ill.), raises questions about whether the more old-fashioned art of political chicanery was at play. Phil de Vellis, who worked for the firm that designed Obama's Web site, Blue State Digital, says no one at the company or in Obama's camp knew he had made the video depicting Clinton as the droning voice of a totalitarian establishment. Obama and his aides say they had no idea who was behind the 74-second ad, which has been viewed online more than 2 million times, and which closes by flashing Obama's Web address. The uncovering of de Vellis, who used the screen name "ParkRidge47," a reference to Clinton's 1947 birth in Park Ridge, Ill., was a digital-age detective story. Liberal blogger Arianna Huffington said she had 30 staffers contributing to a message board of tips and technical sleuthing that eventually led to a source who confirmed de Vellis's involvement. She then called de Vellis and persuaded him to confess on the Huffington Post.
http://www.washingtonpost.com/wp-dyn/content/article/2007/03/22/AR200703...
(requires registration)

* Ad creator claimed role in Obama campaign
http://www.latimes.com/news/printedition/asection/la-na-hillary23mar23,1...
* Hillary's Big Bother
http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2007/03/22/MNGDROPM7...


A Brave New World of Political Skulduggery?
Coverage Type 

HOLLYWOOD'S BIG ONLINE RIVAL: THE LITTLE GUY
[SOURCE: Los Angeles Times, AUTHOR: Rick Wartzman]
[Commentary] The latest brouhaha over alleged copyright infringement on the Internet has pitted some of the biggest names in corporate America against each other: Viacom Inc. Chairman Sumner Redstone versus Google Inc. Chief Executive Eric Schmidt. But you'd be wise to keep your eyes on two other guys who, in a small way, are helping to transform the media landscape: Christopher Allan Smith and Ryan Neisz. They're the creators and co-stars of an online comedy series called "Snowmen Hunters," which was nominated this week by Google's YouTube website for one of its inaugural video awards, which seek to honor user-generated content. For Big Media, the real threat will emerge as more and more advertisers, attracted by the millions of viewers who genuinely enjoy this homespun programming, gravitate toward the sites hosting these productions and, in turn, more and more money starts finding its way to the talent behind them.
http://www.latimes.com/business/printedition/la-fi-calco23mar23,1,519721...
(requires registration)


Hollywood's big online rival: the little guy
Coverage Type 

TANGLED WEB
[SOURCE: Wall Street Journal, AUTHOR: Steven Cook & Michael Levi, Council on Foreign Relations]
The Internet has been hailed as a technology that empowers average citizens to make their voices heard. Its dispersed nature, most assume, makes it difficult to control. Yet countries generally route Internet traffic through a small number of checkpoints, allowing governments to efficiently monitor and control what happens on the Web. Many have placed responsibility for promoting Internet freedom squarely on the companies that provide Internet services. When corporate leverage is limited, governments must step in. U.S. efforts have, so far, been anemic. The Global Internet Freedom Task Force, the highest profile effort launched so far, has been little more than a talk shop. Congress has attempted to step in, but its foreign-policy tools are blunt, and leave too little room for creative diplomacy. Real action has to come from the top. Washington should not go so far as to bar U.S. companies from operating in states like Turkey, but it should make clear that its diplomats will not actively facilitate IT investment from U.S. firms in countries that are repressing bloggers and restricting freedom of speech on the Web. Making investment in information technology dependent on good Web citizenship has the potential to encourage meaningful change in emerging economies. The U.S. should also exert global leadership. A first step would be to sponsor a United Nations Declaration of Internet and Electronic Freedom. To be sure, the U.N.'s enforcement mechanisms are hopelessly weak, but the declaration can serve as a standard against which countries can be judged. Using universal standards set forth in the new U.N. Declaration, the State Department should include a status report on Internet freedom in its annual report on human rights around the world. The transformative nature of the Internet is well-documented, but it is not impervious to authoritarian leaders intent on limiting debate. Global Internet companies like Google, Yahoo! and others should not be left alone at the messy junction of ethics, business, corporate citizenship, and technology. Washington must lead the way both in establishing global standards for Internet freedom and implementing a policy to encourage compliance with those principles.
http://online.wsj.com/article/SB117461374329246343.html?mod=todays_us_op...
(requires subscription)


http://online.wsj.com/article/SB117461374329246343.html?mod=todays_us_opinion
Coverage Type 

VIACOM SUED OVER COLBERT PARODY ON YOUTUBE
[SOURCE: C-Net|News.com, AUTHOR: Elinor Mills]
Viacom is misusing U.S. copyright law by forcing YouTube to remove a parody video of The Colbert Report, according to a lawsuit filed against the media conglomerate Thursday. However, Viacom denies the accusation and said it does not object to the video being on YouTube. The suit, filed by the Electronic Frontier Foundation in federal court in San Francisco, accuses Viacom of filing a baseless copyright complaint and takedown notice on YouTube, and infringing on the free-speech rights of the makers of the video--activist group MoveOn.org Civic Action and Brave New Films. The tongue-in-cheek clip, "Stop the Falsiness," uses snippets from The Colbert Report, a program on Viacom's Comedy Central, for parody. That approach, the EFF said, is permissible under the "fair use" provisions of the Digital Millennium Copyright Act, just as The Colbert Report uses excerpts from real news shows in its segments.
http://news.com.com/Viacom+sued+over+Colbert+parody+on+YouTube/2100-1030...
* Stop the Falsiness
http://falsiness.org/


Viacom sued over Colbert parody on YouTube