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Democratic Senators, Advocacy Groups Want Kidvid NPRM Downgraded to NOI

Senate Democrats, children’s TV advocates and anti-media consolidation groups condemned the FCC’s draft kidvid NPRM. Two letters called the NPRM premature and too expansive, and said it should be re-issued as a notice of inquiry. “The Commission should not act in haste to revise rules that can negatively impact children in our country,” said the letter to all commissioners from Sens. Ed Markey, Mass.; Bill Nelson, Fla.; Catherine Cortez Masto, Nev.; Kirsten Gillibrand N.Y.; Richard Blumenthal Conn.; and Jack Reed R.I.

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The draft NPRM is “a wishlist for broadcasters,” said a letter to Commissioner Mike O’Rielly from groups including the Parents Television Council, Campaign for a Commercial-Free Childhood, Benton Foundation and National Hispanic Media Coalition.

This specific item was carefully crafted to ask questions about each component of the Commission’s rules, with the exception of commercial time limits,” Commissioner Mike O’Rielly said in a statement responding to the letter from the groups. “The tentative conclusions are just that: tentative.” The NPRM “is the beginning of the process, not the end,” O’Rielly said. There will be “plenty of opportunity” for comments and related analysis, he said. “I stand ready to work with anyone from now until we vote on the item in July to consider possible improvements and build the most robust record possible.” Industry officials speculated Commissioner Jessica Rosenworcel wouldn't support the NPRM if Markey didn't (see 1806260067). Her office didn't comment.

In the absence of key information about how American children access educational programming on television and how significant changes to the ‘Kid Vid’ rules would affect this access, the Commission’s proposed rulemaking is premature,” wrote the senators. The draft NPRM offers “insufficient information to justify its proposals" and doesn’t show how reducing the required hours of educational TV offered to children won’t harm them, they said.

Finalizing the NPRM's tentative conclusions “would effectively eliminate the existing rules,” said the advocacy groups. The agency needs more data to support that educational and informative children’s programming is available in other media and that children view time shifted content, the groups said. The draft NPRM also doesn’t consider that many streaming kid shows originate as broadcast shows, the NPRM said.

We do not oppose updating the children’s TV rules for the changed new media environment,” the groups said. “We want to ensure that any changes that give broadcasters greater flexibility do not come at the expense of our nation’s children.” An NOI would allow the FCC to gather data to make an “informed decision,” the groups said.