Statement 
Of 
Julius Genachowski
Chairman
Federal Communications Commission
Before the United States Senate 
Committee on Commerce, Science and Transportation
Hearing on
“Rethinking the Children’s Television Act for a 
Digital Media Age”
July 22, 2009
Good afternoon Chairman Rockefeller, Ranking Member Hutchison, and 
Members of the Committee.  Thank you for inviting me here today to discuss the 
Children’s Television Act of 1990 and its role in a digital media age.  
I applaud Chairman Rockefeller and the Committee for commencing this timely 
and important inquiry.  Mr. Chairman, your commitment to children through such 
provisions as the E-rate and other initiatives is well-known; the public appreciates it.  
Moreover, the historic role this Committee has played with respect to children and TV, 
with contributions from so many of its Members, is an important legacy to build upon for 
the future.  
Since the Children’s Television Act (“the Act”) was passed in 1990, an array of 
new choices -- direct broadcast satellite, Internet-based video, mobile services, video 
offerings from telephone companies, and video games – have joined broadcast and cable 
television as a daily reality for millions of American families.  Cable has grown 
substantially since 1990, and of course broadcasting has now gone digital.
Much has changed since 1990, but much abides. 
Broadcast television remains an essential medium, uniquely accessible to all 
Americans.  And the core concerns that prompted the Children’s Television Act endure, 
particularly the effect of media on our children
For these reasons, I believe an examination of the Children’s Television Act in 
light of the current marketplace and technologies merits the attention of both this 
Committee and the Commission, and I look forward to working closely with the 
Committee as it proceeds on its work in this area.
The Children’s Television Act is landmark legislation.  It was enacted by 
Congress in 1990 to serve the dual purposes of promoting educational and informational 
programming for children and placing limits on commercial advertising to which children 
are exposed while watching TV.
In order to increase educational and informational content, the Act requires the 
Commission, when considering a license renewal application from a television 
broadcaster, to gauge the extent to which the broadcaster has served the educational and 
informational needs of children.   The current FCC guideline for expedited renewals of 
broadcast licenses is for broadcasters to air at least three hours per week of core 
educational and informational children’s programming.  In addition, broadcasters are also 
required to prepare, place in their public inspection files, and file with the Commission, a 
quarterly Children’s Television Programming Report identifying their core programming 
and other efforts to comply with their educational programming obligations.  Finally, in 
order to assist parents in finding educational and informational programming, 
broadcasters must display an E/I symbol throughout the entire program.  
The second key feature of the Act – limiting commercial advertisements to 
children – applies to both broadcasters and cable operators.  The Act requires that 
commercial television broadcasters and cable operators limit the amount of commercial 
matter aired during children’s programs to not more than 10.5 minutes per hour on 
weekends and not more than 12 minutes per hour on weekdays.  
Congress passed the Act because it believed that television has the power to 
benefit the media lives of children.  The Senate Committee Report at the time noted: 
“There is a great deal of evidence that television can effectively teach 
children….Television programming can make an important contribution to education at 
the national level, because television is accessible to all Americans…. It is well 
documented that television programming can be an effective way to teach children and to 
motivate them to learn.”  [S. Rep. 101-66, Nov 22, 1990]  
Experience has confirmed that educational and informational fare on television 
can help prepare toddlers for school and can be a powerful complement to the classroom 
experience.  Studies have shown, for example, that programs such as “Sesame Street” 
enhance attentiveness and perceptual abilities in young children.  Children’s television 
can also have beneficial effects on the social, emotional and physical development of our 
children.
Despite all of the benefits educational television provides youngsters, Congress 
determined in 1990 that market forces were not producing a sufficient amount of 
children’s educational and informational programming on commercial television and that 
government action was needed.  Congress reminded broadcasters of “the public interest 
responsibility of individual broadcast licensees to serve the child audience” and 
concluded that “total reliance on marketplace forces is neither sufficient nor justified to 
protect children from potential exploitation by advertising or commercial practices.”  
[H.R. REP. 101-385 at 6, 1990 U.S.C.C.A.N. 1605, 1610].  Because broadcast television 
was the primary – and only freely available -- means for families to receive video 
content, the programming goals for children were made requirements of broadcast 
television licensees, which use the public’s airwaves.
In addition, Congress was concerned about excessive advertising to children, 
particularly since young kids have difficulty distinguishing between programming 
content and promotional advertising.  Provisions addressing this concern extend to cover
cable operators in additional to television broadcasters.
As the Committee revisits the Act after almost two decades, two initial points 
stand out:
First, broadcasting remains an essential medium.  
Broadcasting is still the exclusive source of video programming relied upon by 
millions of households in the country, and it serves as a very significant source for 
millions of others.  The Commission’s responsibility to enforce the Act with respect to 
broadcast licensees remains vital.  
Second, much has changed.
For instance: 
· Multi-channel video programming has grown dramatically, significantly 
expanding the programming choices of viewers who can afford pay television.  
For example, in 1990, broadcast TV represented 77% of total TV viewership, 
while today it is 41%.  In the same period, satellite TV rose from nonexistent 
to reach 27% of TV households.  Overall, pay TV today represents upwards of 
83% of all television households.  Children are watching more cable and 
satellite TV now than they did two decades ago, and cable and satellite TV 
include some high-quality educational and information kids programming, 
including Sprout, Noggin, and other cable networks.
· The Internet has vastly proliferated, with younger Americans as the leading 
edge. A recent Nielsen survey reports that kids from two to 11 years of age are 
spending 63% more time online than they did 5 years ago.  Meanwhile, video 
on the Internet is expected to grow rapidly.  For example, a recent report noted 
that by 2013, global online video will represent 60 percent of consumer 
Internet traffic – up from 32% this year.  
· Video games have become a prevalent entertainment source in millions of 
homes and a daily reality for millions of kids.  According to one study, 65% 
of American households now play video games, while another found that 97% 
of teens play video games on a computer, game console, or mobile device.  
· Mobile services have increased significantly, with mobile devices becoming 
more and more commonplace for kids.  In 1990, there were only 5.3 million 
cell phone subscribers in the U.S.  Today there are over 270 million.  Mobile 
data of all sorts will likely skyrocket in coming years.  One report suggests it 
will double every year through 2013, jumping 66 times from 2008.  Third-
and fourth-generation mobile wireless services make video programming 
available virtually anywhere a wireless signal can reach.  Video programming 
can now be seen on many wireless phones or PDAs.  Texting, often with 
pictures attached, has become a principal pastime of many of America’s 
youth.  
These are all elements of the digital revolution we have seen over the last two 
decades – with digital most recently coming to broadcast television itself.  Now, instead 
of a single channel of programming, a full-power broadcaster can ‘multicast’ as many as 
four or five streams.  Digital transmission also creates possibilities for interactive 
programming that are just beginning to be explored, and that may create its own 
opportunities and issues. 
Twenty years ago, parents worried about one or two TV sets in the house.  Today, 
parents worry not only about the TV in the den, but about the computer in the kitchen, the 
gaming console in the basement, and the mobile phones in their kids’ pockets.
No wonder parents increasingly find themselves playing the digital media 
equivalent of a “zone defense” across this increasingly wide playing field, facing an array 
of new challenges not contemplated twenty years ago.   
Several of these issues are involved in an examination the FCC is currently 
conducting as part of a report requested legislatively, initiated by Senator Pryor, due at 
the end of August.   That process, and the one launched by this hearing, together reflect 
an appropriate and I believe widespread interest in the consequences for children and 
families of the new digital media landscape. 
As Congress and the Commission review this changing landscape, there are a 
number of issues to explore.  These include the amount and quality of educational 
programming available in the changing marketplace; the ability of parents and others to 
find educational programming as well as reviews, recommendations and other useful 
information that can now be provided through digital technology to better inform parental 
choices; the current extent and nature of advertising on children’s programming as well 
as other programming for which children are in the audience; and an assessment of the 
new concerns and opportunities presented by the changing digital media world.
As these and other questions are explored, I believe certain goals and values 
remain constant.
First, the importance of education.  It is as essential as ever to ensure that our 
children have all the tools they need to become valuable members of our economy and 
democracy.  Educational video and other digital content can play a very important role in 
that.   Also, in a digital world, digital media literacy programs can play an important role, 
assisting children to make wise media decisions as they grow older and more 
independent.
Second, the importance of protecting children.  They are our most cherished, 
valuable resource.  Video content for our nation’s children should treat them as such and 
not as “Little Consumers.”  Guarding against inappropriate marketing to children is as 
vital today as it was twenty years ago when Congress limited commercial advertising to 
kids through the Act.
Third, the importance of empowering parents.  Parents should have access to a 
full range of information and tools in exercising their essential responsibilities.  They 
should easily be able to find those tools, to learn about programming choices, and to take 
action they deem appropriate. In a digital world, technology can and should be part of the 
solution
Fourth, the importance of recognizing the appropriate roles of the government, 
parents, and the private sector.   Government has a vital role to play in helping parents 
and protecting children, while honoring and abiding by the First Amendment.  The 
private sector has real responsibilities in this area – and, potentially, opportunities.  I’m 
hopeful that the evolving media landscape will produce innovation and new business 
models to increase the amount of educational programming and content available to all 
children, and enhance the ability of parents to pick and choose.  
To conclude, although the digital media landscape has changed dramatically since 
the adoption of the Children’s Television Act, the core principles endure.  It is 
appropriate to recognize the economic challenges faced by many broadcasters, especially 
in the current economic environment.  But enforcement of the Children Television Act 
remains essential, even as it is equally essential that we contemplate a new children’s 
media policy for the digital age.  I commend the Chairman for commencing this crucial 
and essential examination of children and media in the digital age.  I look forward to 
answering your questions.
####
APPENDIX
FCC Implementation of the Children’s Television Act of 
1990
Educational and Informational Programming.  The CTA requires the 
Commission to consider, during its review of television stations’ license renewal 
applications, whether commercial television licensees have served the educational and 
informational needs of children through the licensees’ overall programming, including 
programming specifically designed to serve such needs. In 1991, the Commission 
adopted rules to implement the CTA’s educational programming mandate, concluding 
that “programming that furthers the positive development of the child in any respect, 
including the child's cognitive/intellectual or emotional/social needs, can contribute to 
satisfying the licensee's obligation to serve the educational and informational needs of 
children.”  At that time, however, the Commission chose not to quantify that obligation.
In 1996, the Commission concluded that its initial regulations implementing the 
CTA had not been fully effective in prompting broadcasters to increase the amount of 
educational and informational broadcast television programming available to children.  
Accordingly, the Commission issued new rules, adopting a definition of “core” children’s 
programming and establishing guidelines for processing broadcasters’ renewal 
applications as they relate to children’s programming.  Under these guidelines, a 
broadcaster can receive staff-level approval of the CTA portion of its renewal application 
if it aired at least three hours per week of core children’s programming.  Core 
programming is defined as programming that has as a significant purpose serving the 
informational and educational needs of children, is at least 30 minutes in length, and is 
aired on a regularly scheduled, weekly basis between the hours of 7:00 a.m. and 10:00 
p.m.  Core programming must be identified as such when it is aired and must be listed in 
children’s programming reports in the station’s public inspection file.  The educational 
and informational objectives and the target child audience of core programming must be 
specified in writing in these programming reports.
Additionally, the rules adopted in 1996 provide public access to information about 
the availability of core programming, including a requirement that children’s 
programming be explicitly identified in information supplied to the publishers of program 
guides and listings.  Broadcasters are also required to prepare, place in their public 
inspection files, and file with the Commission, a quarterly Children’s Television 
Programming Report identifying their core programming and other efforts to comply 
with their educational programming obligations.  
The advent of digital television promised new opportunities for broadcasters, 
including high definition TV and multicasting, and the Commission set out to ensure that 
children would benefit from the additional flexibility and capacity inherent in digital 
technology.  In a 2004 Order, the Commission adopted new children's television rules 
that, among other things, increased the core programming benchmark for digital 
broadcasters in proportion to the increase in free video programming offered by the 
broadcaster on multicast channels.  For example, a station that provides one 24-hour 
stream of free video programming in addition to its main programming stream would be 
required to air an additional three hours of core programming per week to meet the 
processing guidelines for staff level approval of its renewal application.  In order to assist 
parents in finding educational and informational programming, this Order also required 
that all core programming carried on commercial and noncommercial broadcast stations 
display an E/I symbol throughout the entire program. 
The 2004 Order included additional changes and generated substantial 
controversy.  Both children’s advocates and members of the broadcast and cable 
industries filed petitions for reconsideration of and court challenges to the Order.  These 
parties ultimately negotiated a joint proposal to resolve their issues and submitted it to the 
Commission.  After putting the proposal out for public comment, the Commission 
adopted a Second Order on Reconsideration and a Second Report and Order.  This 
Second Order affirmed the proportional increase in the weekly, 3-hour core programming 
benchmark adopted in the 2004 Order, and clarified restrictions regarding program 
repeats.
When the Commission adopted the core programming benchmark, it attempted in 
the definition of core programming to provide licensees with clear guidance regarding 
what is required, and to be as objective as possible to avoid injecting the Commission 
unnecessarily into sensitive decisions regarding program content. Nonetheless, when 
necessary, the Commission must step in.  In 2007, the Commission entered into a consent 
decree with Univision to resolve petitions to deny filed against a number of that 
broadcaster’s then-pending license renewal applications.  Petitioners alleged that the 
stations involved had failed to comply with the children’s programming rules because the 
programs relied on by the stations as “core” did not serve the educational and 
informational needs of children.  This consent decree resulted in a voluntary payment in 
the amount of $24 million and a compliance plan to ensure future adherence to the CTA. 
Commercial Time Limits.  The CTA also set commercial time limits, which 
protect children from the harmful effects of advertising, while at the same time allowing 
broadcasters to earn revenue to help support producing quality children’s programming.  
Specifically, the CTA requires that commercial television broadcast licensees and cable 
operators limit the amount of commercial matter aired during children’s programs to not 
more than 10.5 minutes per hour on weekends and not more than 12 minutes per hour on 
weekdays.
The Commission’s 1991 implementing Order incorporated the statutory time 
limits into the Commission’s rules and reaffirmed and clarified the Commission’s 
“separation,” “program length commercial,” and “host selling” policies.  The separation 
policy aids children in distinguishing advertising from program material by requiring that 
broadcasters separate the two types of content by use of special measures, sometimes 
known as “bumpers.”  Under the program length commercial policy, an entire program is 
counted as commercial time whenever a program associated with a product includes 
commercials for that product.  Similarly, under the host selling policy, the whole program 
is counted as commercial time whenever program characters or show hosts are used to 
sell products in commercials during or adjacent to the shows in which the characters or 
hosts appear.  
In 2004, the Commission changed these rules as well to account for the transition 
to DTV, applying the commercial limits to all digital video programming, whether aired 
on a free or pay digital stream.  The 2004 Order modified the rules regarding commercial 
limits in a number of respects, some of which were further modified in 2006 following 
the joint proposal from industry and advocates.  For example, the Commission restricted 
the display by broadcasters and cable operators of the addresses of Internet websites that 
contain commercial matter during children’s programs and during promotions that appear 
in or adjacent to children’s programs.  
Finally, the Commission revised the definition of commercial matter to include 
promotions for any television programs or video programming services other than 
educational and informational programs or other age-appropriate programming.  This was 
done to ensure that all promotional material aired during commercial blocks will be 
appropriate for the child viewing audience.
The Commission has worked to enforce these commercial limits.  Since 1996, the 
Commission has issued Notices of Apparent Liability and entered into consent decrees 
totaling more than $4.4 million for violations of the commercial time limits and public 
file requirements.
####