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UC Law SF Communications and Entertainment Journal

Abstract

To implement the Children's Television Act of 1990, the Federal Communications Commission recently adopted a guideline assuring license renewal to television stations that air three hours per week of children's educational programming. This Article explores the likely success of the guideline by examining Australia's long experience with a children's television quota. The author argues that Australia's experience suggests that quantitative guidelines can lead to an increase in the quantity of children's educational programming. At the same time, as in Australia, broadcasters may try to count as children's educational programming programs that are not specifically designed for children, are of low quality, or are not really educational. Australia has addressed this problem by determining in advance of a program's airing whether it meets the criteria for children's programming. Since the FCC leaves the determination of whether programs meet its criteria to broadcasters, subject to challenges by the public, it may be more difficult to assure that only programming meeting the definition is counted toward the guideline. This Article concludes with some recommendations designed to maximize the likelihood that the FCC's new guideline will succeed in achieving the goals of the Children's Television Act of 1990.

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