The Children’s Television Act of 1990 (CTA), requires the FCC to review each television broadcast license at renewal time – including public television stations-- to consider the extent to which the licensee has served the educational and informational needs of children. As part of this review, the FCC requires all stations to provide at least three hours per week of “core” educational children’s programming.

Special rules exist for digital stations that broadcast multiple channels (i.e. “multicast”). In such circumstances, a station’s children’s educational programming obligation increases in proportion to the increase in free video programming offered over multicast channels. For example, under the FCC’s rules, if a broadcaster broadcasts three full-time multicast channels, in addition to its main channel, it will be obligated to broadcast 9 additional hours of children’s educational programming per week (12 total hours per week). If a station broadcasts a multicast channel in addition to its main channel less than full-time, the increased amount is pro-rated in increments of 30 minutes for every 1-28 hours of free video programming broadcast.

Contrary to certain news reports, the FCC does not require stations to broadcast children’s programming on each and every multicast channel. Stations retain the flexibility to satisfy their increased children’s programming obligations by broadcasting all children’s programs on one digital channel if they wish.

The FCC has also issued a number of related additional requirements, including requiring all television stations to identify core educational children’s programs by displaying the symbol “E/I” on the television screen throughout these programs. Further information on these and other additional requirements can be obtained through the FCC or in the newly revised 2006 edition of the APTS Public Television Legal Survival Guide.

Station personnel should be aware that the new rules affecting digital broadcasts have been the subject of litigation and a settlement between commercial broadcasters and public interest advocates. This settlement gives stations a somewhat greater degree of flexibility than did the FCC rules and covers

• restrictions on websites
• host-selling
• cross-promotions
• preemption of children’s programming
• multicasting

A copy of the proposed settlement can be obtained from the FCC website. The FCC is now examining the settlement and is likely to approve it.