Kidvid NPRM Approved Over Rosenworcel Dissent
A possible FCC compromise on the draft kidvid NPRM didn’t materialize and the item was approved with a 3-1 party-line split Thursday (see 1807110051). Though Commissioner Mike O’Rielly acceded to a request from Commissioner Jessica Rosenworcel to edit the item to be free of tentative conclusions, Rosenworcel said Thursday the two sides couldn’t come to agreement. She praised O’Rielly’s willingness to negotiate and didn’t identify any other concessions she requested. “I was informed that even with these edits it was not sufficient to garner a bipartisan vote,” O’Rielly said. The version approved Thursday contains the same tentative conclusions as the draft item, O’Rielly and Media Bureau staff said.
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Rosenworcel joined calls from advocacy groups and Senate Democrats for the FCC to withdraw the NPRM and issue a notice of inquiry instead (see 1806290057). Sen. Ed Markey, D-Mass., criticized the FCC's decision to advance the NPRM and said he "will continue to fight any reductions to the educational programming that helps nourish the minds of America’s children." The proposal would make children’s programming harder to find or reduce the amount of programming altogether, he said. “We shouldn’t deregulate simply for deregulation’s sake and especially not for rules that impact our nation’s most vulnerable residents, our children.“
If the item were an NOI, the agency would have to issue an NPRM before it could proceed to an order, Media Bureau Chief Michelle Carey noted in Q&A with us afterwards. The FCC “should slow down and do this right,” Rosenworcel said.
The agency rarely issues NOIs on “big-ticket items,” O’Rielly said during a post-meeting news conference. He’s “troubled” by the characterization of not issuing an NOI “as a radical step.” Though he didn’t name a specific reason the FCC couldn’t wait for an NOI, O’Rielly said it’s “important to act” and that the agency shouldn’t wait to modernize its rules. “I push to expedite many items; this isn’t the only one,” he said.
Though the kidvid item’s final text wasn't released, Media Bureau staff said it's little changed from the draft. The NPRM seeks comment on changing the definition of core programming to allow a broader range of program lengths and scheduling, allowing multicast content to satisfy the requirements, and relaxing kidvid reporting rules, said a release. It asks for input on broadcasters to fulfill kidvid requirements by sponsoring content on other stations, it said.
The only substantive change is the inclusion of questions about changing how often cable operators have to post certifications, Carey said. That drew cheers from the American Cable Association.
Current kidvid rules “don’t reflect the vast changes that have revolutionized the video marketplace in recent years,” Chairman Ajit Pai said. “It’s beyond time to take a fresh look at our ‘kidvid’ regulations and explore how they should be modernized.” Outlets that aren’t subject to kidvid requirements now provide “24/7 children’s programming,” Commissioner Brendan Carr said. Over-the-top and online providers offer “a nearly endless lineup of on-demand children’s programming” while also being exempt, Carr said. The NPRM contains “hand-wringing about change, but too little data science to suggest what children it affects, and what we should do about it,” Rosenworcel said.
Existing rules “single out over-the-air broadcasters,” blogged NAB General Counsel Rick Kaplan. “The FCC’s rules don’t apply to cable programming. They don’t apply to satellite programming. And they don’t apply to the internet (surprise, surprise).” Leaving outdated rules in place “is evidence of a government that is abdicating -- not pursuing -- the responsibilities to which the American public has entrusted it,” Kaplan wrote.
Also during and after Thursday's meeting: Dispute over changes to informal complaint procedures overshadowed 3-1 approval of an order to streamline formal complaint processes 1807120033; O’Rielly said he made long-awaited recommendations to Pai on the citizens broadband radio service band; commissioners approved 4-0 an NPRM and order on opening the C-band 1807120037; and O’Rielly split with fellow FCC Republicans to partially dissent from an order on emergency alert testing and false warnings 1807120059. Also, members approved an order 4-0 streamlining Part 22 cellular licensing rules; commissioners unanimously approved an order to pave the way for nationwide number portability; and Pai noted the FCC is seeking "additional facts" on Dish Network's IoT buildout plans.