Compromise Looking More Likely for FCC Kidvid Rule Revamp
A compromise FCC kidvid rule revamp is looking more likely, given several recent developments. Industry officials believe Democratic control of the House could be a factor, and not all of the proposals in the NPRM will make it to the final order. Commissioner Mike O'Rielly, who led the proceeding, "is looking for a compromise that provides flexibility for broadcasters and benefits children," said an aide. Broadcasters are unlikely to get “everything they want,” one lawyer said.
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Final action may not go as far rolling back requirements as was initially thought, said broadcast and programming industry officials in interviews last week. Despite the previous government shutdown, industry officials still expect the FCC to get to the order in the first half of 2019. Several broadcast networks lobbied Commissioner Mike O'Rielly on kidvid last week (see 1902040063).
Democratic lawmakers in both chambers are gathering ammunition to attack the FCC’s kidvid plans in oversight hearings, said National Hispanic Media Coalition Director-Government and Legal Affairs Francella Ochillo. She said lawmakers sought information from NHMC. The group opposes the agency’s proposals.
Industry lawyers said the networks are seeking swift action so they can take advantage of relaxed kidvid rules in planning fall schedules. Such schedules would likely be laid out by May, an industry official said. They could be changed later if the FCC relaxed the rules. The agency didn't comment Friday.
Negative attention from Capitol Hill could affect the FCC’s plans, and possibly the agency less likely to pursue all of the policies originally put forth, attorneys said. The kidvid NPRM and O’Rielly emphasized proposals to allow kidvid requirements to be satisfied with content on subchannels, simplify reporting rules, and relax rules on when kidvid content can be aired. Nine Democratic senators cited the FCC's kidvid plans in December (see 1812170042).
Though children’s TV advocates condemned most of the FCC proposals, some indicated openness to relaxing the reporting requirements. “Burdensome” reporting requirements and pre-emption rules are the biggest priorities for relief, said broadcast lawyers Jack Goodman.
Some broadcast attorneys believe oversight hearings won't do much to deter the FCC. O’Rielly indicated to broadcasters he doesn’t plan to scale back plans for relaxing the rules, said Fletcher Heald's Francisco Montero. Though Montero conceded lawmakers are likely to use kidvid to attack Chairman Ajit Pai, he said that's unlikely to have much substantive effect.