Deal May Be Nearing on Kids’ Shows

It’s the V-chip redux.

Just as pressure from politicians and the public forced the TV industry to capitulate in its opposition to a ratings system that would help parents guide their children’s viewing habits, it now appears that broadcasters are losing ground in the battle to stave off how much educational programming they must provide for youngsters.

Two years after Federal Communications Commission Chairman Reed Hundt proposed that TV stations be required to air at least three hours of educational programming for children per week, the idea has gained key support, particularly from the Republican-controlled Congress.

Until now, Hundt has not been able to muster sufficient support from fellow FCC commissioners to pass the proposal, which broadcasters have criticized as an unconstitutional infringement of free speech. But in a dramatic turnaround, FCC Commissioner James Quello, who has led the fight on behalf of the broadcasters, recently softened his stance, saying that three hours a week was a “reasonable” amount of educational programming for TV stations to provide.

While Quello, Hundt and the other two commissioners differ on how to implement the plan, sources at the regulatory agency say the FCC could pass a compromise solution by the end of this month.

While Hundt has advocated a three-hour mandate, Quello has proposed a policy that would ease the FCC license renewal process for any station that is providing three hours of educational programming a week for children. Also still to be worked out is a definition of what constitutes an educational program.

“The commission needs to find a way to guarantee that every station licensee delivers a minimum of three hours per week--that’s three hours kids can see [at decent hours] and three hours that are real [education], not ‘The Mighty Morphin Power Rangers,’ ” Hundt said in an interview. “If we can do that with a processing guideline [for license renewals], I’m happy to do it that way.”

Quello said that he has changed his position to break the FCC logjam--and to help broadcasters on an issue in which their position is becoming increasingly unpopular.

“I think broadcasters are getting a little tired of being criticized on this subject,” Quello said. “I’m still against a government edict. But [a processing guideline] is a good solution, and we need to get on to more important issues before the FCC.”

The National Assn. of Broadcasters and the ABC, CBS, NBC and Fox networks have opposed any numerical mandate as a violation of their free speech rights. But, privately, some broadcasters say they’d like to find a compromise on an issue that’s making them look like Marie Antoinette.

At a time when the networks are asking the government to give them multibillion-dollar digital channel space for free, one network executive said, “We’re getting hammered in Washington as being ‘against’ kids. That’s not a good position to be in.”

Congress passed the Children’s Television Act in 1990, which called on TV stations to provide educational programming for children to help fulfill broadcasters’ public service obligations in exchange for their free license to operate over the public airwaves. But the law did not specify how many hours should be provided, nor did it define the concept of educational--loopholes that critics say have allowed many broadcasters to avoid complying with the law’s intent. (The legislation did not apply to cable.)

Today, in a new era of politicians embracing “family values,” Republican lawmakers have joined Democrats in calling for more government regulation of television in some areas. The day after Quello changed his stance, Rep. Edward J. Markey (D-Mass.) unveiled a letter signed by 220 members of the House of Representatives calling on the FCC to implement the three-hour requirement.

Some broadcast executives say they believe that the NAB, their trade industry group, has been too unbending on the children’s issue.

“Many stations already provide three hours per week of educational programming, and the good guys are taking the heat for the ones that don’t,” said Ralph Gabbard, president of Gray Communications, which owns eight TV stations, and who also heads the NAB television board and the board of CBS television affiliates. “I believe the industry should take a proactive stance on this issue.”

According to sources involved in discussions between the networks and regulators, the networks are divided over how to deal with the children’s TV issue.

CBS--which already volunteered to provide three hours per week of educational programming for kids after children’s advocacy groups challenged the network’s sale to Westinghouse--remains opposed to a government mandate, sources said, but wouldn’t mind having a level playing field on children’s television with its competitors.

NBC has privately proposed the idea of establishing some sort of “safe harbor” for children’s programming. Fox apparently feels that it provides enough hours already. Only ABC, which is owned by the Walt Disney Co., is said to be resisting compromise. “[Disney Chairman] Michael Eisner is against any government quota,” one source said. ABC declined comment.

Adding to the pressure for a solution is the fact that about 50 TV station licenses have come up for renewal this week by the FCC. Children’s TV advocates have been threatening to go over the applications to see if some of them are still counting “The Flintstones” and other cartoons as educational programming, as some stations have done in the past.

Under Quello’s proposal, a TV station that was providing at least three hours a week of educational programming would be virtually guaranteed license approval. A station providing less than three hours would have to explain how it is serving children. While a station might be able to point to a community outreach program for kids as part of its obligation, the practical effect, observers say, would be setting a standard of three hours per week.

“Stations are going to want to have their license renewals go right through,” one congressional source said.