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"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H   x` `  hh@hpp  xxDA 971480 T x` `  hh@hppJuly 11, 1997 Mr. Rick Cotton Ms. Diane Zipursky National Broadcasting Company, Inc. 1299 Pennsylvania Avenue, N.W. Washington, DC 20004 Re: Preemption of Children's Television Educational and Informational Programming Dear Mr. Cotton and Ms. Zipursky:  Xy-xThis refers to your request for clarificationyc {O-ԍxSee Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission from Rick Cotton and Diane Zipursky, Washington Counsel, National Broadcasting Company, Inc. (June 6, 1997) ("June  {O-6th letter"); see also Letter to Roy Stewart, Chief, Mass Media Bureau, Federal Communications Commission from Rick Cotton and Diane Zipursky, Washington Counsel, National Broadcasting Company, Inc. (June 26, 1997) ("June 26th supplemental letter"). of the children's television educational and  Xb-informational programming regulations that become effective on September 1, 1997.b|c {O-ԍx Policies and Rules Concerning Children's Television Programming, Revision of Programming Policies  {OY-for Television Broadcast Stations, Report and Order, MM Docket No. 9348, FCC 96335 (1996) (Children's  {O#-Television Report and Order). As of September 1, 1997, the Commission will begin to evaluate renewal applications for compliance with our newly adopted definition of programming specifically designed to serve the educational and informational needs of children, as well as our safe harbor processing guideline relating to such  {O}-programming. Id. at  16063.  In particular, you requested clarification regarding preemption of regularly scheduled children's  X4-educational and informational, or "core," programming.R4 c {O-ԍxSee June 6th Letter at 34.R x  X-xIn the Children's Television Report and Order, the Commission required that, among other things, a children's program must be "regularly scheduled" to be counted as "core" programming for purposes of meeting the threehourperweek processing guideline for  X-educational and informational programming, i.e., a "core" children's program must "be  X-scheduled to air at least once a week" and "must air on a regular basis."x c {O%-ԍxChildren's Television Report and Order, FCC 96335 at  105. x The Commission stated that television series typically air in the same time slot for 13 consecutive weeks, although some episodes may be preempted for programs such as breaking news or live sports "i =0*0*0*"ԌMr. Rick Cotton & Ms. Diane Zipursky 2. events. Programming that is aired on a regular basis is more easily anticipated and located by  X-viewers, and can build loyalty that will improve its chance for commercial success.;c {O4-ԍxId. ; The Commission noted that qualifying core programming should be regularly scheduled in view of the Commission's emphasis on improving the flow of information to parents through published program guides and other means to enable them to select educational and informational programs for their children. Finally, the Commission stated that it would leave to the staff to determine, with guidance from the full Commission as necessary, what  X1-constitutes regularly scheduled programming and what level of preemption is allowable.O1Zc {O< -ԍxId. at  106.  O  X -xIn your June 6th letter, you stated that NBC has been providing two and onehalf hours each week of regularly scheduled programming that is specifically designed to help meet the informational needs of teens, which you refer to in your letter as "Teen NBC" or "TNBC." Commencing with the 1997/98 season on September 6, you stated that NBC will add another 30minute program to this block, thus providing your stations with three full  X-hours of "core" programming . You stated that you expect that the majority of your affiliates in the Eastern time zone will regularly schedule the TNBC block from 10 a.m. to 1 p.m.; in  Xb-the Central time zone, from 9 a.m. to noon; and in the Mountain and Pacific Time zones from  XK-8 a.m. to 11 a.m.QKc {O-ԍxSee June 6th Letter at 1.Q You also stated that the Saturday morning time period is the most  X4-effective time to reach your audience.P4~c {Oc-ԍxSee June 6th Letter at 1.P xFor the 1997/98 season, you stated that there are a number of Saturdays on which the broadcast of a live major sports event will require the rescheduling of some of the TNBC shows, and that the impact of the rescheduling varies by time zone. You reported that, during  X-the 1997/98 season, NBC live sporting events will preempt TNBC programming on the East coast on eight specified dates, affecting 7.5 hours, plus one National Football League game ("NFL") to be announced ("TBA") and on the West coast, for 15 specified dates affecting 20  X|-hours, plus one NFL game TBA. |c {O="-ԍxId. at 23; attachment; FCC staff analysis of June 6th Letter and attachment.  Xe-x  XN-x In your June 26th supplemental letter you reported that, during the 1997/98 season, in the East and Central time zones, on seven of the eight times when there is a conflict requiring the rescheduling of a TNBC show, the affected stations will reschedule the affected  X-" 0*0*0*Y"ԌMr. Rick Cotton & Ms. Diane Zipursky 3.  X-programs to the same time slot (a fixed "second home") in each instance.) Xc yOK-ԍxYou noted that the one exception to rescheduling affected programs in the same time slot would be for the July 4th live broadcast of the Wimbledon Tennis Tournament, which is scheduled to begin at 9 a.m. Eastern time. June 26th letter at 2 n. 2. ) You stated that although NBC believes that each station should be given the discretion to determine where to reschedule the children's shows when necessary, you envision several likely scenarios that the stations might follow to accomplish this. You state that on these occasions NBC News will reduce the Saturday Today show from two hours to one hour. Thus, it will give stations in the Eastern and Central time zones the option to run the TNBC block in its entirety from 9 a.m. to noon, thereby maintaining the integrity of the programming block and the structured flow from one show to the next. You outline other possible variations for these time zones, all of which would involve showing all three hours on the Saturday they are scheduled to air, albeit with some variation in the scheduled time, and provision of advance notice of changed start time both onair and through the listing services. xYou stated that, with respect to stations in the Mountain and Pacific time zones, which may regularly schedule the TNBC block to air from 8:00 a.m.to 11:00 a.m., the rescheduling options are different and additional flexibility is needed due to the early morning starts of live  Xy-sports events in these Western time zones.  yc yO-ԍxYou stated that most of your affiliates broadcast at least one hour of local news on Saturday morning,  {O-which limits their ability to move the children's programming to 7 a.m. Id. at 3 n. 3.  You stated that you believe that, with only a few exceptions, a station should always be able to reschedule the affected program either to a fixed "second home" each instance it is rescheduled or to run adjacent to other qualifying  X4-programming the following weekend.A 4Bc {O'-ԍxId. at 3. A You note, again, that the audience will always be given advance notice of any scheduling change. xIn addition, you stated that NBC is committed to continuing to dedicate a significant amount of resources to promoting its TNBC block. You stated that, as a result of the new children's television regime, and the need to ensure that your audience not only is maintained, but continues to increase, NBC will expand its promotional efforts for the 1997/ "2U 98 season to include the following: onair promotion, during premier network sports programming in August, of the launch of the new TNBC season; onair promotion, during prime time, of the TNBC shows in a way that targets the teen audience; a variety of special promotional efforts in connection with the TNBC shows, including "theme days" and the appearance of wellknown professional athletes; intensified efforts of two dedicated directorlevel employees to promote the TNBC lineup throughout the electronic print media and to develop promotional events; and, preparation and availability to affiliates of promotional spots to be used to promote the TNBC block and for use by the stations in notifying the viewers of any necessary  X-rescheduling.B c {O`)-ԍxId. at 34.B"f 0*0*0*"ԌMr. Rick Cotton & Ms. Diane Zipursky 4. x` ` xYou asserted that it is imperative that local broadcast stations be given the flexibility to reschedule the episodes of core programs that are preempted by live network sports events, as described above, without adversely impacting the program's status as "regularly  X-scheduled."vZc {O-ԍx See June 6th Letter at 3;  June 26th Letter at 1. You stated that without such flexibility, these stations will be placed in the untenable position of alienating a large share of their audiences because they are unable to provide live coverage of nationally televised major sports events. June 6th Letter at 3.v With respect to core programming preempted for breaking news, you proposed  Xv-that a station would not be obligated to reschedule the preempted episodes, and that those  X_-episodes would still count toward computing the station's threehour average.<_c {O -ԍxId. < x xDuring the first year that our new children's television core programming definition takes effect, the Commission and broadcasters alike will be working to identify the most effective ways to implement the requirement to provide children's regularlyscheduled, core  X -programming.M |c {O-ԍxSee n. 2, supra.M During this first year, we believe that it is appropriate to allow the Commission and local stations to gain experience with regard to the scheduling of children's core programming that may be preempted by live network sports events. xWe will, of course, revisit our conclusions here, detailed below, based on the experience gained during the 1997/98 season. Early next spring, the Mass Media Bureau will report to the Commission regarding the effect of preemption on children's educational and informational programming, the impact of promotion, and other steps taken by the stations to make children's educational programming a success. The Bureau will make recommendations regarding future interpretation of "regularly scheduled" programming, based on information obtained with your cooperation. The Bureau's analysis will allow the Commission to consider the effect of implementation of the rules and to decide how to proceed in time to give direction to the networks and broadcasters well in advance of the next year's season. At that time, the Commission also will be better able to determine whether to establish general parameters or guidelines, and, if so, what those parameters or guidelines should be. xIn these limited circumstances, and based solely on the facts you have presented to us regarding anticipated preemption levels for the 1997/98 season, we conclude that your proposal for promoting and rescheduling preempted programming that otherwise meets the core programming definition, if followed by owned and affiliated stations, will not run afoul of our children's television rules. x X` hp x (#%'0*,.8135@8: