Remarks of Commissioner Susan Ness before the NAB Service to Children Symposium Washington, D.C. October 2, 1996 (As prepared for delivery) "IT'S ABOUT TIME" This conference is very timely. Although you've been meeting each year for a decade on children's programming, this year is a watershed. It's about time... I was beginning to think that we would be celebrating the twentieth anniversary of the Service to Children awards before the Children's Television Act rules were revised, but we have finally adopted rules that give meaning to the Children's Television Act. It's about time... that broadcasters and the community work as a partnership to provide quality children's television...And you are. It's about time... that advertisers join in funding and promoting children's educational programming... And now they are. And now it's about time... that you have the support you need to make the great promise of quality educational children's television programming a reality. That's why I am so pleased to be here. Let me take a little time to put this in historical perspective: Congress enacted the Children's Television Act in 1990. It requires each broadcaster to serve the educational and informational needs of children. Until now, there's been no guidance on what is expected; broadcasters have had to guess. The result is that some broadcasters have served the educational needs of kids, while others have not. Worse, this disparity has created a competitive disadvantage for those of you who have sought to fulfill your responsibilities. Now, at last, we have a set of rules that will eliminate the uncertainty -- and permit industry to focus on children's programming -- not FCC rulemaking. What the FCC ruling does -- It's about time... 1. The rule establishes a guideline of three hours per week -- or equivalent -- of core children's educational programming -- that's less than 2% of the broadcast week. 2. It strengthens the definition of "educational" programming -- regularly scheduled half-hour shows specifically designed to meet the educational needs of children as opposed to general audience programming that has some incidental educational value. To educate children must be a significant purpose of the show. 3. The shows must be regularly scheduled at times when kids actually watch TV -- between 7 a.m. and 10 p.m., and 4. The programs must be identified as educational at the time they are broadcast and stations must provide listing information to newspapers and others to help the public identify educational shows. What it does not do: The FCC ruling does not tell broadcasters what to teach or which shows to air, or what the message is. Thus in our Order, we have tried to remove the barriers and the disincentives to broadcasters who want to serve the children in their communities; many of you have been working long and hard to do just that. I see three main barriers: 1) Availability of programming that kids will want to watch 2) Scheduling of programming 3) Promotion of programming First, availability of programming: By setting a safe harbor of three hours of core children's programming, we have primed the pump for production of educational programming. Broadcasters know what is expected to meet the children's television requirement for license renewal -- three hours or the functional equivalent. We've listened to those of you who have dedicated your efforts to serve children by providing a slightly different mix -- we've provided a measure of flexibility to give due weight to short form programs, PSA's and other non-core programming efforts -- provided that the mix contributes at least as much as three hours of core programming to educating children in your community. Your performance will be evaluated by the FCC staff. Just a note of warning: this is NOT an opening for those who wish to squeak by with the least effort possible. Market demand for educational programming has been created, and the creative community is responding. Some state associations have funded children's programs. NAB is providing seed money for the terrific new pilot we just saw. And the Networks are planning new fare. An article in the September 9 issue of "Broadcasting" summarized new educational children's TV shows:  CBS has 2 new shows plus their existing educational kids shows;  ABC is announcing 2 new shows,  Fox has at least 3 new shows in development, and  WB is working on 2 new shows.  NBC and UPN didn't specify their plans but said they are also working on new kids shows that are "FCC-friendly." In addition, syndicators have almost 20 shows in various stages of development -- shows likely to meet FCC guidelines. The second barrier is scheduling: If you want to get an audience for educational programming, it must be aired when the majority of children are likely to be watching. That's why we said to qualify as core programming, it must be aired between the hours of 7:00 a.m. to 10 p.m. The recent license renewal applications for Maryland, the District of Columbia, Virginia, West Virginia, and Delaware showed that 2.8% of the children's programs broadcasters said were educational and informational were aired in the dead of night -- between 11:00 pm and 6:00 a.m. Maybe they were aimed at child insomniacs... But now, with our new definition of core programming, educational shows will be regularly scheduled and parents and teachers will be able to find educational programming. That will help audiences to grow. Third, these shows need promotion: You are required to designate which programs you believe are educational when you submit your schedule to the television listing services. Some newspapers and program guide publishers are talking about highlighting these listings in a special box, so that parents can find them easily. I strongly urge them to do so. And knowing which shows YOU deem educational will also help the community enforce the spirit of the Act. America's Funniest Home Videos? Does it pass the "laugh test?" But more can be done. I was pleased to learn that at the White House Children's Television Summit, advertisers talked about setting aside a portion of their budgets to underwrite and promote quality children's television. The momentum begun last July 31, was reflected in a meeting just last week with members of the advertising and marketing communities. Wouldn't it be great if Kelloggs again promoted on its cereal boxes an educational program it was sponsoring? My kids read every word. I understand that it used to promote Reading Rainbow in that way. Isn't it about time... that producers and advertisers join forces early on to promote educational programs with merchandising products? Magic School Bus CD ROM's and books are selling like hotcakes. I believe in television. I believe in its power to educate as it entertains. And to attract audiences. To succeed, programs must be entertaining as well as educational; enthralling as well as enlightening. And it can be done. Bill Cosby and other celebrated actors, directors, and producers are talking about contributing their talents to develop programs that kids will love to watch. But let's not have a double standard. Eighty percent of prime time programs fail to catch on. We must not condemn educational programs if their ratings are low at first. And I believe in your ability to make it work. The rulemaking is behind us. It's about time... that broadcasters compete on the basis of quality educational programming for children. Let's now seize the opportunity to shine. In closing, I want to take a moment to commend the late Ralph Gabbard for his courageous leadership in helping to resolve the Children's Television Rulemaking. He represented the finest values of the broadcast industry in its commitment to serve the public. Let his memory be an inspiration to us all. Thank you.