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September 2015

Pillsbury’s communications lawyers have published FCC Enforcement Monitor monthly since 1999 to inform our clients of notable FCC enforcement actions against FCC license holders and others. This month’s issue includes:

  • FCC Admonishes TV Station Licensees for Violating Commercial Limits in Children’s Programming
  • Telecommunications Provider Agrees to $1.175 Million Payment to Resolve Investigation of 911 Call Failures
  • Pirate Radio Operator’s Repeated Disregard for the Rules Results in $15,000 Proposed Fine

Network’s Inclusion of Web Address in Children’s Programming Results in Admonishments for Three TV Station Licensees

The FCC admonished TV station licensees in Maine, Massachusetts, and Pennsylvania for failing to comply with the limits on commercial matter in children’s programming. As part of the Children’s Television Act of 1990 (“CTA”), Congress directed the FCC to adopt rules that, among other things, limit the amount of commercial matter that television stations may air during children’s programming. Pursuant to that mandate, the FCC adopted Section 73.670 of its Rules, limiting commercial matter in children’s programming to 10.5 minutes per hour on the weekends and 12 minutes per hour on weekdays.

The FCC later adopted “website address” rules to restrict the airing of commercial website addresses as a form of commercial matter. These rules limit the display of Internet web addresses during children’s programming directed at kids aged 12 and under. In particular, Section 73.670(b) of the Rules only allows broadcasters to display website addresses during program material if the address satisfies a four prong test. First, the website must offer a substantial amount of bona fide program-related or other noncommercial content. Second, the website must not be primarily intended for commercial purposes. Third, the website’s home page and other menu pages must be clearly labeled to distinguish between commercial and noncommercial sections. Lastly, the page of the website to which viewers are directed by the aired web address must not be used for e-commerce, advertising, or other commercial purposes.

When filing license renewal applications for their stations, each of the licensees included a statement indicating that the website address for “www.lazytown.com” aired during the closing credits of the children’s program “LazyTown.” The licensees explained that the program was supplied by a network and was reviewed by a third party whose policy is to remove all website addresses from program materials. The licensees stated that the inclusion of this particular website address was “inadvertent” and “fleeting,” and added that the supplier network was working to “develop and implement additional procedures to minimize the possibility of a re-occurrences of this isolated incident.”

The FCC reminded the licensees that relying on a program’s source or producer for compliance with the children’s television rules will not excuse or mitigate violations that occur. The FCC then concluded that the website did not comply with the four-prong test of Section 73.670(b); specifically, the FCC determined it did not meet the fourth prong because the homepage of the website contained content of a commercial nature in the form of a link labeled “shop”. The FCC also noted that, even though the website was displayed for less than one-half of a second, the display of any noncompliant web address during program material—which includes the closing credits—is a violation of the Rules.

Finding that the stations’ airing of the non-compliant web address appeared to have been an isolated incident, the FCC decided to admonish, rather than fine, the licensees. The FCC warned, however, that it would not rule out more severe sanctions for similar violations in the future.

Telecommunications Provider Agrees to Pay $1.175 Million for Mishandling 911 Calls From Callers With Hearing Impairments

The FCC’s Enforcement Bureau entered into a Consent Decree with a telecommunications provider to resolve an investigation into whether the provider was unable to accept and handle emergency calls made by users of its Internet Protocol Captioned Telephone Service (“IP CTS”). Telecommunications Relay Services (“TRS”) enable individuals who have difficulty hearing to conduct telephone conversations using an Internet Protocol-enabled device that allows them to simultaneously listen to and read captions of what the other party is saying. Companies provide IP CTS free of charge, but are eligible to receive compensation from the federally-mandated TRS Fund if they adhere to the FCC’s TRS Rules and orders.