Martin: Pryor Safe TV Bill Not Good Enough

Senate Sends Child Safe Viewing Act to President Bush

By Ted Hearn -- Multichannel News, 11/18/2008 10:56:00 AM

Washington—Federal Communications Commission chairman Kevin Martin on Tuesday mildly criticized a bill that would require his agency to study parents' access to technologies that are capable of shielding children from inappropriate content on television and the Internet.

"In general, I would say I support it. I'm not sure that it goes far enough to actually empower parents the way that they need to be, to end up addressing all the concerns they might have," Martin told reporters.

On Monday night, the Senate sent President Bush the Child Safe Viewing Act, sponsored by Sen. Mark Pryor (D-Ark.). The bill (S. 602) had already passed the Senate once, but it had to return for re-passage after the House removed various findings about TV's societal impact.

Senate leaders, back on Capitol Hill Monday for a lame duck session, "hotlined" Pryor's bill, meaning it would be considered passed if no senator filed an objection. Pryor's bill passed unopposed for the second time.

“With over 500 channels and video streaming, parents could use a little help monitoring what their kids watch when they are not in the room,” Pryor (pictured) said in a statement Tuesday. “Today’s technology to protect children from indecency goes above and beyond the capabilities of the V-Chip."

Under Pryor's bill, the FCC would be restricted to conducting a study for Congress within 270 days; its analysis could not recommend technologies that "affect the packaging or pricing of a content provider's offering."

That restriction probably explains Martin's problems with Pryor's bill. Martin has stated repeatedly that the best way for consumers to exclude violent and indecent programming is for pay-TV distributors to retail channels on an a la carte basis in lieu packages with dozens of channels.

"I think trying to find additional ways to help empower parents is always a good thing, so I don't think I have any particular objection [with the Pryor bill]," Martin said.

The Parents Television Council praised Congress for passing the bill.

“Parents deserve better resources to help protect their children from inappropriate content on television,” PTC president Tim Winter said in a statement. “The current V-chip technology relies on inaccurate ratings. This legislation is an important first step towards the implementation of more functional and reliable solutions for parents and families.”

Pryor's bill would limit the FCC to issuing a notice of inquiry. The agency would not be authorized to adopt any rules.

Pryor's bill directs the FCC to examine "the existence and availability of advanced blocking technologies that are compatible with various communications devices or platforms."

It would also order the FCC to study ways to encourage parental use of such technologies on "wired, wireless and Internet platforms" in order to shield children "from indecent or objectionable programming" as determined by parents.

The House stripped out a series of congressional "findings" from the Senate bill before passing it by unanimous consent.

The individual findings eliminated by the House were:

-- Video programming has a direct impact on a child's perception of safe and reasonable behavior.

-- Children may imitate actions they witness on video programming, including language, drug use, and sexual conduct.

-- Studies suggest that the strong appeal of video programming erodes the ability of parents to develop responsible attitudes and behavior in their children.

-- The average American child watches four hours of television each day.

-- 99.9% of all consumer complaints logged by the FCC the first quarter of 2006 regarding radio and television broadcasting were because of obscenity, indecency, and profanity.

-- There is a compelling government interest in empowering parents to limit their children's exposure to harmful television content.

-- Section 1 of the Communications Act of 1934 requires the FCC to promote the safety of life and property through the use of wire and radio communications.

-- In the Telecommunications Act of 1996, Congress authorized Parental Choice in Television Programming and the V-Chip. Congress further directed action on alternative blocking technology as new video technology advanced."