PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 99-1484 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Released: July 29, 1999 MASS MEDIA BUREAU ANNOUNCES COMMENCEMENT OF PERIOD FOR FILING COMMENTS ON REQUESTS FOR FLEXIBILITY TO PREEMPT CHILDREN'S EDUCATIONAL AND INFORMATIONAL PROGRAMMING Today, the Commission is commencing a public notice period for filing comments on the separate letters submitted by the ABC, CBS and NBC television networks requesting continued, limited flexibility to preempt children's "core" programming, i.e., programming specifically designed to serve the educational needs of children, during the 1999-2000 television season. The letter requests are available for public inspection and copying in the Commission's Reference Information Center (see infra for details), and can be accessed via the internet at: http://www.fcc.gov/mmb/vsd/comments/comments.html. Public comment is sought to assist the Bureau in evaluating the networks' preemption, rescheduling and notification practices and promotional efforts during the 1998-1999 season, and to help the Bureau in determining the appropriateness of permitting limited flexibility in preempting core children's programs for the 1999- 2000 television season. In particular, the Commission invites parties to comment on the networks' preemption, rescheduling and notification practices, as well as their efforts to promote their respective children's educational programming. By way of background, in Policies and Rules Concerning Children's Television Programming, Revision of Programming Policies for Television Broadcast Stations, Report and Order, MM Docket No. 93-48, 11 FCC Rcd 10660 (1996), the Commission adopted new regulations concerning children's television educational and informational programming, including the definition of "core" programming and a three-hour-per-week processing guideline relating to such programming. Further, the Commission required that to qualify as "core" programming, a children's program must be, inter alia, "regularly scheduled," i.e., "scheduled to air at least once a week" and "must air on a regular basis." Id. at 10711. The Commission stated that programming aired on a regular basis is more easily anticipated and located by viewers, and can build loyalty that will improve its chance for commercial success. The Commission recognized, however, that some episodes of regularly scheduled programming may be preempted for programs such as breaking news or live sports events. As for the effect of preemption on the requirement that a program be regularly scheduled on a weekly basis to qualify as "core," the Commission stated that it would leave to the staff to determine, with guidance from the full Commission as necessary, what constitutes regularly scheduled programming and what level of preemption is allowable. Following the adoption of these new children's television regulations, the ABC, CBS and NBC television networks each requested that local broadcast stations be given the flexibility to reschedule the episodes of "core" children's educational and informational programming that are preempted by live network sports events without adversely impacting the program's status as "regularly scheduled." The Bureau considered the limited circumstances and anticipated preemption levels cited by each network, as well as each of the networks' specific proposals regarding the rescheduling and promotion of "core" programming for the 1997-1998 television season, and specifically accepted their proposals to commit to certain promotional and notification efforts in exchange for a limited amount of preemption flexibility of children's educational and informational programming. In addition to granting such flexibility, the Bureau concluded that certain preemption practices would not preclude otherwise qualifying programming from being counted toward a station's educational and information programming requirements, and would be consistent with the Commission's goals of maintaining scheduling continuity and predictability for the children's audience. However, the Bureau also stated that it would revisit its conclusions based on the 1997-1998 television season, and report to the Commission regarding the effect of its decision on children's educational and informational programming. The Bureau fulfilled that commitment and, in November 1998, released its report to the Commission entitled The Effect of Preemption on Children's Educational and Informational Programming, 1997- 1998 Television Season, DA 98-2306. The report provides information, based on data furnished by the ABC, CBS and NBC television networks and individual stations, concerning the effect of preemption on children's "core" programming and the impact of promotion and other measures taken by broadcast television stations to make children's educational programming a success during the 1997-1998 television season. Among other things, the report also includes the Bureau's conclusion that children's educational and informational programming efforts of ABC, CBS and NBC owned and operated stations have, overall, not been unduly affected by the limited preemption flexibility granted to them. Accordingly, in separate letters to ABC, CBS and NBC released October 29, 1998, the Bureau afforded them continued, limited preemption flexibility for the 1998-1999 television season. In those letters, the Bureau also advised the networks that any requests for an extension of such limited preemption flexibility would be subject to public notice and comment. Comments should be filed by September 24, 1999, and replies should be filed by October 8, 1999, with the Secretary, Federal Communications Commission, 445 Twelfth Street, S.W., TW-A325, Washington, D.C. 20554. The caption should reference DA 99-1484. A copy of any comments and replies also should be sent to Laura Gallo, Mass Media Bureau, FCC, 445 Twelfth Street, S.W., Room 2-A640, Washington, D.C. 20554, and to the Commission's contractor for public service records duplication: International Transcription Services, Inc. (ITS), 1231 20th Street, N.W., Ground Floor, Washington, D.C. 20036. Copies of the comments will be available for public inspection in the Commission's Reference Information Center, Room CY-A257, 445 Twelfth Street, S.W., Washington, D.C., and also may be obtained from ITS at (202)857-3800. For further information, please contact Laura Gallo at (202-418-1600).