A Legislative Showdown for Children’s TV : Television: Backers of limiting ad time on children’s TV take hope from Bush’s aim to be ‘the education President.’

Eighteen months after President Ronald Reagan killed a bill aimed at limiting commercial aspects of children’s TV shows, advocates of re-regulating children’s television are readying for another legislative showdown.

Both houses of Congress are expected to vote in the next few weeks on measures that would limit commercial minutes in children’s TV programming and require broadcasters to show that they have satisfied the educational needs of children before being granted license renewals from the Federal Communications Commission.

The effort could be a major test of the Bush Administration’s willingness to re-regulate an industry that was a kind of free-market testing ground during the tenure of the Reagan era’s deregulation-minded FCC. One measure being considered in the House is identical to the bill that was easily passed by both houses of Congress in 1988 and then pocket-vetoed by Reagan shortly before he left office. The Senate version is nearly identical.

Reagan objected to the legislation because he said it interfered with the First Amendment’s guarantee of free speech for broadcasters. But as the issue approaches new House and Senate votes, children’s television activists are hopeful that President Bush will feel differently because of his 1988 campaign pledge to become known as “the education President.”

“There’s no possible reason for him not to sign it,” said Peggy Charren, president of the consumer group Action for Children’s Television. “It’s not as if this bill is so onerous that it’s going to put broadcasters out of business.”

Indeed, some supporters of re-regulation have questioned whether the 1988 legislation was tough enough to counteract the effects of the FCC’s decision in 1984 to drop commercial guidelines for children’s television. Critics of the deregulation say it has led to excessive commercialization of the children’s airwaves.

One measure of deregulation’s effect is offered by TV producer Squire Rushnell, a former vice president of children’s programming at ABC, who says that in 1980 the three networks were airing an average of 11 hours and 15 minutes per week of informational programming for children, including ABC’s series of short Saturday morning inserts “Schoolhouse Rock” and shows like CBS’ “Captain Kangaroo.” Now, according to Rushnell’s tally, the networks barely average an hour and a half of such programming a week among them.

In recent years, various remedies have been put forth, among them suggestions like Rushnell’s that broadcasters be required to devote a specific amount of time to educational programming. Sen. Tim Wirth (D-Colo.) had proposed a measure that would have effectively classified some toy-based children’s shows as blatant advertising.

After Reagan vetoed the Children’s Television Act of 1988, some legislators and consumers began arguing for tougher measures. When the 1988 legislation was reintroduced in the House and Senate last year, negotiations were begun to come up with a compromise bill. Congressional staffers have been conferring with representatives of the broadcast industry, particularly the National Assn. of Broadcasters, in an effort to smooth the proposal’s path through Congress. Similar negotiations had led to the NAB’s tacit approval of the 1988 act.

The Senate did come up with a compromise bill, drafted by Sens. Ernest Hollings (D-S.C.) and Daniel Inouye (D-Hawaii), and it has reached the Senate floor, where it awaits being called to a vote. The House has delayed action on its bill, which is identical to the 1988 legislation, until the Senate takes action.

Like the 1988 bill, the Senate’s compromise measure would limit commercial minutes in children’s programming to 12 minutes per hour on weekdays and 10 1/2 minutes on weekends--standards that all sides agree are already being met by most broadcasters.

However, the new Senate bill goes beyond its predecessor in explicitly defining the type of programming required of broadcasters: Where the 1988 bill stated that, as a condition of having their licenses renewed, stations must serve children’s needs in their “overall programming,” the new measure mandates programs that are “specifically designed” for “both preschool and school-aged children.” It does not specify how much is required for license renewal, apparently leaving that question for the FCC to answer.

The National Assn. of Broadcasters has balked at the more specific language in the Senate bill. “We believe that would go over the line and be unconstitutional,” said Susan Kraus, vice president of media relations for the industry organization. “The government should not get into the content of programming.”

The American Academy of Pediatrics and the National Education Assn., on the other hand, prefer the Senate’s compromise bill to the House bill, which lacks the specific language.

“We’re concerned that, under the House bill, broadcasters could point to programs like ‘The Cosby Show,’ which children watch, and say they are serving kids,” said Joel Packer, a legislative specialist for the National Education Assn. “It might not accomplish the goal, which is to stimulate more quality educational and informational programs for children.”

Under deregulation, the government’s chief means of reining in broadcasters--the threat of license revocation--was all but eliminated, with the once rigorous license renewal process altered to a matter of filing a postcard.

Separately, the Senate has passed a measure that would establish a $2.5-million endowment to produce educational TV programs for children. Under the bill, also sponsored by Inouye, the programs would air on public TV for two years and then be made available to commercial broadcasters and cable operators. The measure has yet to be considered by the House telecommunications subcommittee.