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From Associated Press

Popular children’s TV shows such as “Teenage Mutant Ninja Turtles” would be deemed commercials if replicas of the characters were advertised during the program, according to rules adopted Tuesday by the Federal Communications Commission.

Under the new guidelines, such shows would exceed federal limits on the amount of commercial time in children’s programs.

Congress last year limited the number of commercials on children’s TV shows to 10 1/2 minutes for each hour of weekend programming and 12 minutes an hour on weekdays.

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The FCC defined children’s programs as shows aimed at viewers under 16 years old.

Children’s advocacy groups said the FCC did not go far enough in adopting rules to carry out the Children’s Television Act of 1990. A media research group said the regulations still must withstand a First Amendment challenge in court.

The commission “fulfilled what Congress expected” in developing the rules but could have gone further, said Peggy Charren of Action for Children’s Television.

The regulations, which take effect on Oct. 1, “remind them of the lid on commercial speech,” she said by telephone from the group’s Boston headquarters.

But Richard T. Kaplar of the Media Institute said there is “a great constitutional test ahead” for the regulations.

In advance of Tuesday’s meeting, media groups asked the commission to adopt the most lax rules possible to enforce the Children’s Television Act, while children’s advocacy groups campaigned for strict controls. Neither side was completely satisfied with the commission’s action.

“We wanted a definition of program-length commercials that tied the merchandising intentions to the program plans,” said Andrew Schwartzman of the advocacy group Media Access Project. “To us, that is the difference between Mickey Mouse and Big Bird and GI Joe and He-Man.”

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He said the popularity of television shows led to marketing of Mickey Mouse and Big Bird toys, while some other characters were created for television along with toys, cereals and other products.

“Parents cannot have confidence that their children can comfortably be left in front of a TV set without being sure that they’re not being exposed to commercials disguised as programs,” he said.

But Charren said parents must say what they want their children to see.

“It’s going to be up to the parents to let the broadcasters know they’re looking,” she said.

Kaplar said the FCC obviously followed guidelines set by Congress, but the rules may infringe on free speech rights.

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