Order on Reconsideration, in the Matter of Children's Television Obligations of Digital Television Broadcasters, 24727-24728 [05-9104]

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• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 70, Number 90 (Wednesday, May 11, 2005)]
[Rules and Regulations]
[Pages 24727-24728]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9104]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[FCC 05-22]


Order on Reconsideration, in the Matter of Children's Television 
Obligations of Digital Television Broadcasters

AGENCY: Federal Communications Commission.

ACTION: Final rule; stay of effective date.

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SUMMARY: This document stays two sections of the CFR regarding the 
requirements for Internet Web site address displays in children's 
television programming in MM Docket 00-167, published on January 3, 
2005 (70 FR 25), until January 1, 2006. These requirements became 
effective on February 3, 2005.

DATES: Effective May 11, 2005, 47 CFR 73.670(b) and (c) and 76.225(b) 
and (c) are stayed until January 1, 2006.

ADDRESSES: Federal Communications Commission, 445 12th Street, SW., 
Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Kim Matthews, Policy Division, Media 
Bureau, Federal Communications Commission, (202) 418-2120.

SUPPLEMENTARY INFORMATION: Among other things, the Report and Order 
adopted September 9, 2004 in MM Docket 00-167 (70 FR 25, January 3, 
2005) held that the display of Internet Web site addresses during 
programs directed to children ages 12 and under is permitted as within 
the commercial time limitations only if the Web site meets the 
following criteria: (1) It offers a substantial amount of bona fide 
program-related or other noncommercial content; (2) it is not primarily 
intended

[[Page 24728]]

for commercial purposes, including either e-commerce or advertising; 
(3) the Web site's Home page and other menu pages are clearly labeled 
to distinguish the noncommercial from the commercial sections; and (4) 
the page of the Web site to which viewers are directed by the Web site 
address is not used for e-commerce, advertising, or other commercial 
purposes (e.g., contains no links labeled ``store'' and no links to 
another page with commercial material). The Report and Order also 
states that the display of Web site addresses in children's programs is 
prohibited during both program material and commercial material when 
the site uses characters from the program to sell products or services. 
This Order on Reconsideration grants the informal request of a number 
of broadcasters and cable operators and programmers that the effective 
date of these new rules be deferred to January 1, 2006, consistent with 
the effective date of many of the other requirements in the Order.
    A number of broadcasters and cable operators and programmers have 
expressed concern that compliance with these new requirements by the 
February 1, 2005, effective date will be difficult. Specifically, these 
parties state that they were unprepared for the decision to regulate 
Web site displays virtually immediately, and that each company must 
structure a plan of compliance and then reconstruct its Web site or Web 
sites accordingly. These parties have requested that the effective date 
of these new rules be stayed to January 1, 2006, consistent with the 
effective date of many of the other requirements in the Report and 
Order.
    We believe that it is appropriate to afford broadcasters and cable 
operators additional time to come into compliance with these newly 
adopted requirements. Accordingly, on our own motion, pursuant to 47 
CFR 1.108, we stay the effective date of newly adopted Sec. Sec.  
73.670(b) and (c) and Sections 76.225(b) and (c) of Title 47 of the 
Commission's rules until January 1, 2006. This stay in the effective 
date of these new provisions will give broadcasters and cable operators 
more time to review and make any necessary changes to their programs or 
Web sites to comply with these new requirements.
    The Report and Order also makes effective February 1, 2005 the 
decision to apply the commercial limits and policies to all digital 
video programming directed to children ages 12 and under, whether that 
programming is aired on a free or pay digital stream. Thus, the 
limitation on the number of minutes of commercial matter in children's 
programming to 10.5 minutes per hour on weekends and 12 minutes per 
hour on weekdays applies to both analog and digital broadcasters and to 
both free and pay digital streams. We do not delay the effective date 
of this requirement. However, the Report and Order was published in the 
Federal Register January 3, 2005. Accordingly, we will commence 
enforcement of this requirement February 3, 2005, rather than February 
1, 2005.
    Congressional Review Act. The Commission will send a copy of this 
Order on Reconsideration in a report to be sent to Congress and the 
General Accounting Office pursuant to the Congressional Review Act, see 
5 U.S.C. 801(a)(1)(A).
    Paperwork Reduction. This Order on Reconsideration does not contain 
new or modified information collection requirements subject to the 
Paperwork Reduction Act of 1995, Public Law 104-13. In addition, 
therefore, it does not contain any new or modified ``information 
collection burden for small business concerns with fewer than 25 
employees,'' pursuant to the Small Business Paperwork Relief Act of 
2002, Public Law 107-198, see 44 U.S.C. 3506(ca)(4).
    Accordingly, it is ordered that 47 CFR Sections 73.670(b) and (c) 
and Sections 76.225(b) and (c) as adopted in the Report and Order in 
the above-captioned proceeding are stayed until January 1, 2006.

List of Subjects in 47 CFR Parts 73 and 76

    Cable, Television.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 05-9104 Filed 5-10-05; 8:45 am]
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