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pdfFederal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0754
INSTRUCTIONS FOR FCC 398
CHILDREN’S TELEVISION PROGRAMMING REPORT
GENERAL INSTRUCTIONS
Introduction.
This FCC Form is to be used to provide information on the
efforts of commercial television broadcast stations, including
Class A television stations, to provide children's educational
television programming as required by the Children's Television
Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified
at 47 U.S.C. §§ 303a, 303b, 394, and the Commission's
regulations implementing that statute. See Report and Order in
MM Docket No. 93-48, 11 FCC Rcd 10660 (1996); Report and
Order and FNPRM in MM Docket No. 00-167, 19 FCC Rcd
(2004).
Applicable Rules and Regulations.
Before this form is prepared, the licensee should review the
relevant portions of Sections 73.671, 73.673, and
73.3526(e)(11)(iii) in Title 47 of the Code of Federal
Regulations (C.F.R.). Copies of Title 47 may be purchased
from the Superintendent of Documents, Government Printing
Office, Washington, D.C. 20402. You may telephone the GPO
Customer Service Desk at (202) 512-1800 for current prices.
Licensees should make every effort to file complete forms in
compliance with the rules. Replies to questions on this form
and the licensee's statements constitute representations on which
the FCC will rely in considering the renewal of the licensee's
television broadcast authorization. Thus, time and care should
be devoted to all replies, which should reflect accurately the
licensee's efforts to provide children's educational television
programming as required by the Children's Television Act of
1990 and the Commission's rules.
Preparation and Retention of Reports.
Pursuant to 47 C.F.R. Section 73.3526(e)(11)(iii), each
commercial television broadcast licensee must prepare a
Children's Television Programming Report for each calendar
quarter reflecting efforts made by the licensee during the
quarter, as well as efforts planned for the next quarter, to serve
the educational and informational needs of children. The
licensee must place a copy of each quarterly report in its
station's public inspection file by the tenth day of the succeeding
calendar quarter (i.e., by April 10 for the first quarterly report;
by July 10 for the second quarterly report; by October 10 for the
third quarterly report; and by January 10 for the fourth quarterly
report). All entries on the report must be typed or legibly
printed in ink. The signed original of each report should be
retained in the station's non-public files, and a copy placed in
All previous editions obsolete.
the public inspection file. The reports must be separated from
other material in the public inspection file, and the licensee must
publicize in an appropriate manner the existence and location of
these reports.
Filing Reports with the Commission.
FCC Form 398 must be filed electronically with the
Commission on a quarterly basis on the following dates: April
10 for the first quarter report; July 10 for the second quarter
report; October 10 for the third quarter report; and January 10 of
the succeeding year for the last quarter report.
FCC Form 398 can be file electronically over the Internet by
accessing the FCC Web site at http://www.fcc.gov, selecting
Electronic filing from the menu (above the Headlines banner),
then selecting the Children's Television Programming Report
(FCC Form 398). Follow the instructions on that page for the
electronic preparation and filing of the FCC 398 report.
No fee is required to file this report.
Incorporation by Reference.
Licensees may NOT incorporate by reference data, documents,
exhibits, or other showings already on file with the FCC. All
applicable items on this form must be answered without
reference to a previous filing.
Children's Television Act Program Requirements.
Pursuant to the Children's Television Act and 47 C.F.R. Section
73.671(a), each television broadcast station licensee has an
obligation to serve, over the term of its license, the educational
and informational needs of children through both the licensee's
overall programming and programming specifically designed to
serve such needs. Licensees are required to publicize the
availability of their programming specifically designed to
educate and inform children in accord with 47 C.F.R. Section
73.673 and to report on these programs and related matters in
accord with 47 C.F.R. Section 73.3526 (e)(11)(iii).
Educational and informational television programming is
defined in 47 C.F.R. Section 73.671(c) as programming that
furthers the educational and informational needs of children 16
years of age and under in any respect, including the child's
intellectual/cognitive or social/emotional needs. Core
Programming is defined as educational and informational
programming that is specifically designed to serve the
educational and informational needs of children and that also
FCC 398 Instructions
March 2006
stations, a licensee that has aired at least three hours per week of
Core Programming, as averaged over a six-month period, shall
be deemed to have satisfied it’s obligation to serve the
educational and informational needs of children and shall have
the CTA portion of its license renewal application approved by
the Commission’s staff.
satisfies the following criteria:
(1)
the program has serving the educational and
informational needs of children ages 16 and under as a
significant purpose;
(2)
the program is aired between the hours of 7:00 a.m. and
10:00 p.m.;
(3)
the program is a regularly scheduled weekly program;
(4)
the program is at least 30 minutes in length;
(5)
the program is identified as specially designed to educate
and inform children by the display on the television
screen throughout the program of the E/I symbol;
(6)
the educational and informational objective of the
program and the target child audience are specified in
writing in the licensee's Children's Television
Programming Report, as described in 47 C.F.R. Section
73.3526(e)(11)(iii); and
(7)
instructions for listing the program as educational/
informational, including an indication of the age group
for which the program is intended, are provided to
publishers of program guides.
Question 3: Indicate whether the licensee provides information
identifying each core program and its target child audience to
publishers of program guides and, if so, list those program guide
publishers.
Question 4: For each core program aired by the station during
the calendar quarter for which this report is being prepared, set
forth in Question 4 the following information: the title of the
program; whether the program is originated by the station or its
affiliated network, or is syndicated; the days and times the
station regularly schedules the program; the program length (in
minutes); the total number of times the program aired at its
regularly scheduled time during the quarter; and the number of
times the program was preempted during the quarter. If the
program was preempted during the quarter, the station should
complete a “Preemption Report,” included in this form, for each
preempted core program. The licensee should also indicate the
ages of the target child audience; and include a description of
the educational and informational objective of the program, as
well as a discussion of how the program meets the definition of
core programming set forth in 47 C.F.R. Section 73.671(c).
For a qualifying regular series a general description of the series
should be sufficient so long as the description is adequate to
provide the public with enough information about how the
series is specifically designed to meet the educational and
informational needs of children.
For Assistance.
For assistance with FCC Form 398, contact the Video Division
of the Media Bureau at the FCC, Washington, D.C. 20554,
Telephone Number (202) 418-1600.
INSTRUCTIONS FOR SPECIFIC ITEMS ON FCC
FORM 398
Question 5: For each core program aired by the station during
the preceding calendar quarter that is specifically designed to
meet the educational and informational needs of children ages
16 and under, but does not meet one or more elements of the
definition of Core Programming, set forth in Form Question 5
the following information: the title of the program; whether the
program is originated by the station, its affiliated network, or is
syndicated; the days and times the program aired during the
quarter; the program length (in minutes); the total number of
times the program aired during the quarter; if preempted and
rescheduled during the quarter, the date and time the program
aired; the ages of the target child audience (if applicable); a
description of the program; and an indication of whether the
program has educating and informing children ages 16 and
under as a significant purpose. For any such program, state
whether the licensee identifies the program with the symbol E/I
and whether information is provided to publishers of program
guides consistent with 47 C. F.R. Section 73.673.
Question 1: The licensee should provide its current call sign,
analog and digital channel numbers, and community of license,
including city, state, county, and zip code, as set forth in its
license authorization. The licensee should also provide its
licensee name, indicate the station’s license renewal expiration
date, indicate the call sign used on the preceding Children's
Television Programming Report prepared for the station (if
different from the current call sign), check the appropriate box
indicating whether it is a network affiliate (if so, identify the
affiliated network) or an independent station, and indicate the
name of the Nielsen DMA in which the station is located. In
addition, if the licensee has a World Wide Web home page, it
should provide the address. The licensee should also provide the
station’s facility ID number.
Question 2: Indicate the average number of hours per week of
core programming broadcast by the station over the past
calendar quarter. Generally, in assessing whether a commercial
television broadcast licensee has complied with its programming
obligations under the Children’s Television Act of 1990 (CTA),
the Commission employs a processing guideline. For analog
Question 6: Pursuant to 47 C.F.R. Section 73.671(b), in
addition to airing core and non-core educational and
informational children's programming a licensee may contribute
2
to satisfying its obligation under the Children's Television Act
by engaging in special efforts to produce and support
educational and informational television programming aired by
another station in the licensee's marketplace. List the name(s) of
any core program(s) aired by other stations that are sponsored
by the licensee, and identify the call letters and channel number
of the station(s) airing the sponsored core program(s). Indicate
whether the amount of total core programming aired on the
other station(s) has increased as a result of the sponsored
programming. A licensee will receive credit for special
sponsorship efforts only if it can demonstrate that its production
or support of such core programming aired on another station in
its market increased the amount of core programming on the
other station. In addition, for each core program sponsored by
the licensee, set forth in Question 6 the following information:
the title of the program; whether the program is originated by
the station for which this report is filed or its affiliated network,
or is syndicated; the days and times the program was regularly
scheduled; the program length (in minutes); the total number of
times the program aired during the quarter; the number of times
the program was preempted during the quarter; if the program
was preempted and rescheduled during the quarter, the dates
and times the program aired; the ages of the target child
audience; and a description of the educational and informational
objective of the program, as well as a discussion of how the
program meets the definition of core programming in 47 C.F.R.
Section 73.671(c).
Programming line-up of another program stream is exempt
from this requirement. In addition, during the digital transition,
Core Programs that are aired on both the analog station and a
digital program stream are not considered repeated programs.
Question 11: See Question 5.
Question 12: See Question 6.
Question 13: For each analog and digital program the station
plans to air during the next calendar quarter that meets the
definition of core programming, set forth in Form Question 13
the following information: the title of the program; whether the
program will be originated by the station or its affiliated
network, or will be syndicated; the days and times the program
will be regularly scheduled; the program length (in minutes); the
total number of times the program will be aired during the
quarter; the ages of the target child audience; and a description
of the educational and informational objective of the program,
as well as a discussion of how it meets the definition of core
programming set forth in 47 C.F.R. Section 73.671(c).
Question 14: Indicate whether the licensee publicizes the
existence and location of the station's Children's Television
Programming Reports as required by 47 C.F.R. Section
73.3526(e)(11)(iii).
Question 15: Pursuant to 47 C.F.R. Section 73.3526(e)
(11)(iii), licensees must identify the individual at the station
responsible for collecting comments on the station's compliance
with the Children's Television Act. Provide the name, address,
telephone number, and the internet mail address (if available) of
this individual.
Question 7: Commercial television broadcast station licensees
providing digital programming are required to serve the
educational and informational needs of children. On their main
program stream, digital broadcasters are subject to the same
three hours per week core programming processing guideline as
applies to analog broadcasters. See Question 2.
Question 16: Provide any other comments or information you
wish the Commission to consider in evaluating whether the
licensee has met its obligations under the Children's Television
Act and the Commission's rules. This may include, but is not
limited to, information on any non-core educational and
informational programming that the station plans to air during
the next calendar quarter, as well as information on any existing
or proposed non-broadcast activities that the licensee believes
enhance the educational and informational value to children of
the licensee's educational programming.
Question 8: In addition to the core programming processing
guideline that applies to the main program stream, DTV
broadcasters that provide additional streams or channels of free
video programming, beyond that provided on their main
program stream, also have the following guideline applied to
their additional programming: one-half hour per week of
additional Core Programming for every increment of 1 to 28
hours of free video programming provided in addition to the
main program stream.
Question 9: See Question 3.
Preemption Reports. As indicated in Questions 4 and 9, if a
core program was preempted during the quarter for any reason,
the licensee should complete a Preemption Report for each
preempted core program. The Report should include the
following information: the title of the program; the total
number of times the program was aired during the quarter
(including the number of times the program aired at its regularly
scheduled date and time and the number of times any
rescheduled programs aired); the number of preemptions during
the quarter; and the number of preemptions rescheduled during
the quarter. The Report should also indicate, for each
Question 10: See Question 4. In addition, for purposes of the
CTA processing guideline for digital stations, at least 50% of
Core Programming counted toward meeting the additional
programming guideline (applied to free video programming
aired on other than the main program stream) cannot consist of
program episodes that have already aired within the previous
seven days either on the station’s main program stream or on
another of the station’s free digital program streams. Any
program stream that merely time shifts the entire Core
3
preempted episode of the core program: the date the episode
was preempted; if rescheduled, the date and time the episode
was rescheduled; if rescheduled, whether promotional efforts
were made to notify the public of the rescheduled date and time;
and whether the rescheduled date is the program’s “second
home” as described in letters, dated July 11, 1997, from Roy J.
Stewart, Chief, Mass Media Bureau, to: Martin D. Franks,
Senior Vice President, Washington, CBS, Inc.; Alan
Braverman, Senior Vice President and General Counsel, ABC,
Inc.; Rick Cotton and Diane Zipurky, NBC, Inc. The Report
should also indicate for each preempted episode the reason for
the preemption.
FCC NOTICE REQUIRED BY THE PAPERWORK
REDUCTION ACT
We have estimated that each response to this collection of
information will take 12 hours. Our estimate includes the time
to read the instructions, look through existing records, gather
and maintain the required data, and actually complete and
review the form or response. If you have any comments on this
burden estimate, or on how we can improve the collection and
reduce the burden it causes you, please e-mail them to
pra@fcc.gov or send to the Federal Communications
Commission, AMD-PERM, Paperwork Reduction Project
(3060-0754), Washington, DC 20554. Please DO NOT SEND
COMPLETED APPLICATIONS TO THIS ADDRESS.
Remember - you are not required to respond to a collection of
information sponsored by the Federal government, and the
government may not conduct or sponsor this collection, unless it
displays a currently valid OMB control number of if we fail to
provide you with this notice. This collection has been assigned
an OMB control number of 3060-0754.
THE FOREGOING NOTICE IS REQUIRED BY THE
PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. 3507.
4
Federal Communications Commission
Approved by OMB
Washington, DC 20554
3060-0754
FCC 398
Children's Television Programming Report
Report reflects information for quarter ending (mm/dd/yyyy)
1. Call Sign
Channel Numbers
Community of License
State
County
City
ZIP Code
Analog _________
Digital _________
Licensee
Nielsen DMA
Network Affiliation: _____________
Facility ID Number
World Wide Web Home Page Address (if applicable)
Independent
Previous Call Sign (if applicable)
License Renewal Expiration Date (mm/dd/yy)
Analog Core Programming
2.
State the average number of hours of Core Programming per week broadcast by the station.
See 47 C.F.R. Section 73.671(c).
3.
a.
Does the licensee provide information identifying each Core Program aired on its station,
including an indication of the target child audience, to publishers of program guides as
required by 47 C.F.R. Section 73.673?
Yes
No
b. Identify publishers who were sent information in 3.a.
4.
Complete the following for each program that you aired during the past three months that meets
the definition of Core Programming. Complete chart below for each Core Program.
Title of Program:
Local
Days/Times Program Regularly Scheduled:
Length of Program:
Total times aired at
regularly scheduled time
Number of
Preemptions
Origination
Network
Syndicated
If preempted, complete
Analog Preemption Report
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the educational and informational objective of the program and how it meets the definition of Core Programming.
Does the Licensee identify the program by displaying throughout the program the symbol E/I?
Yes
No
FCC Form 398
March 2006
Non-Core Educational and Informational Programming
5.
Complete the following for each program that you aired during the past three months that is specifically designed to meet the
educational and informational needs of children ages 16 and under, but does not meet one or more elements of the definition
of Core Programming. See 47 C.F.R. Section 73.671. Complete chart below for each additional such educational and
informational program.
Title of Program:
Local
Days/Times Program Regularly Scheduled:
Total times Number of
aired
Preemptions
Length of Program:
Origination
Network
Syndicated
If preempted and rescheduled, list date and time aired.
Dates
Times
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the program.
If Yes, does the program have educating and informing chidren ages 16 and under as a significant
purpose?
Yes
No
If Yes, does the Licensee identify each program by displaying throughout the program the symbol E /I?
Yes
No
Does the licensee provide information regarding the program, including an indication of the
target child audience, to publishers of program guides consistent with 47 C.F.R. Section 73.673?
Yes
No
Sponsored Core Programming
6. List Core Programs, if any, aired by other analog stations that are sponsored by the Licensee and that meet the criteria set forth
in 47 C.F.R. Section 73.671. Also indicate whether the amount of total Core Programming broadcast by another station
increased.
Name of Program
Call Letters of Station
Airing Sponsored Program
Channel Number of Station
Airing Sponsored Program
Did total
programming increase?
Yes
No
Yes
No
For each Core Program sponsored by the Licensee, complete the chart below.
Title of Program:
Local
Days/Times Program Regularly Scheduled:
Length of Program:
Total times Number of
aired
Preemptions
Origination
Network
Syndicated
If preempted and rescheduled, list date and time aired.
Dates
Times
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the educational and informational objective of the program and how it meets the definition of Core Programming.
Was the program identified by the display throughout the program of the symbol E/I?
FCC Form 398 (Page 2)
March 2006
Yes
No
Digital Core Programming
7.
a.
State the average number of hours of Core Programming per week broadcast by the
station on its main program stream.
b.
Did the Licensee broadcast on its main digital program stream the same Children's Core
Programming provided on its analog channel?
c.
If Yes to 7b, the Licensee certifies that the representations and children's program
information provided with respect to its analog channel apply equally with respect to its
main digital program stream.
9.
No
Yes
No
See explanation in
Exhibit No. _____
If No to 7c, submit as an Exhibit a Statement of Explanation.
8.
Yes
a.
State the average number of hours per week of free over-the-air digital video
programming broadcast by the station on other than its main program stream.
b.
State the average number of hours per week of Core Programming broadcast by the
station on other than its main program stream. See 47 C.F.R. Section 73.671.
a.
Does the Licensee provide information identifying each Core Program aired on its station,
including an indication of the target child audience, to publishers of program guides as
required by 47 C.F.R. Section 73.673?
b.
Identify publishers who were sent information in 8.a.
Yes
No
10. Complete the following for each program that you aired during the past three months that meets the definition of Core
Programming. Complete chart below for each Core Program.
Title of Program:
Local
Days/Times Program Regularly Scheduled:
6.
Length of Program:
Total times aired at
regularly scheduled time
Number of
Preemptions
Origination
Network
Syndicated
If preempted, complete
Digital Preemption Report
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the educational and informational objective of the program and how it meets the definition of Core Programming.
Does the Licensee identify the program by displaying throughout the program the symbol E/I?
Does the licensee certify that at least 50% of the Core Programming counted toward
meeting the additional programming guideline (applied to free video programming
aired on other than the main program stream) did not consist of program episodes
that had already aired within the previous seven days either on the station's main
program stream or on another of the station's free digital program streams?
If No, submit as an Exhibit a Statement of Explanation setting forth the number of
repeats in excess of the repeat limit and the times and dates the episodes involved
were aired.
Yes
No
Yes
No
See explanation in
Exhibit No. _____
FCC Form 398 (Page 3)
March 2006
Non-Core Educational and Informational Programming
11.
Complete the following for each program that you aired during the past three months that is specifically designed to meet
the educational and informational needs of children ages 16 and under, but does not meet one or more elements of the
definition of Core Programming. See 47 C.F.R. Section 73.671. Complete chart below for each additional such educational
and information program.
Title of Program:
Local
Total times Number of
aired
Preemptions
Days/Times Program Regularly Scheduled:
Length of Program:
Origination
Network
Syndicated
If preempted and rescheduled, list date and time aired.
Dates
Times
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the program.
Does the program have educating and informing chidren ages 16 and under as a significant
purpose?
Yes
No
If Yes, does the Licensee identify each program by displaying throughout the program the symbol
E /I?
Yes
No
If Yes, does the Licensee provide information regarding the program, including an indication
of the target child audience, to publishers of program guides consistent with 47 C.F.R.
Section 73.673?
Yes
No
Sponsored Core Programming
12. List Core Programs, if any, aired by other stations that are sponsored by the Licensee and that meet the criteria set forth in 47
C.F.R. Section 73.671. Also indicate whether the amount of total Core Programming broadcast by another station increased.
Name of Program
Call Letters of Station
Airing Sponsored Program
Channel Number of Station
Airing Sponsored Program
Did total
programming increase?
Yes
No
Yes
No
Yes
No
For each Core Program sponsored by the Licensee, complete the chart below.
Title of Program:
Local
Days/Times Program Regularly Scheduled:
Length of Program:
Total times Number of
aired
Preemptions
Origination
Network
Syndicated
If preempted and rescheduled, list date and time aired.
Dates
Times
(minutes)
Age of Target Child Audience from ________ years to ________ years.
Describe the educational and informational objective of the program and how it meets the definition of Core Programming.
Was the program identified by the display throughout the program of the symbol E/I?
FCC Form 398 (Page 4)
March 2006
Yes
No
Other Matters
13.
Complete the following for each analog and digital program that you plan to air for the next quarter that meets the definition of
Core Programming. Complete chart below for each Core Program, identifying whether it is to be broadcast on the station's
analog or digital channel or both channels.
Origination
Network
Title of Program:
Local
Days/Times Program Regularly Scheduled:
Total times to
be aired
Syndicated
Length of Program
Age of Target Child Audience:
(minutes)
from _____ years to _____ years
Describe the educational and informational objective of the program and how it meets the definition of Core Programming.
14.
Does the Licensee publicize the existence and location of the station's Children's Television
Programming Reports (FCC 398) as required by 47 C.F.R. Section 73.3526(e)(11)(iii)?
15.
Name of children's programming liaison:
16.
Yes
Name
Telephone Number (include area code)
Address
Internet Mail Address (if applicable)
City
State
No
Zip Code
Include any other comments or information you want the Commission to consider in evaluating your compliance with the
Children's Television Act (or use this space for supplemental explanations). This may include information on any other noncore educational and informational programming that you aired this quarter or plan to air during the next quarter, or any
existing or proposed non-broadcast efforts that will enhance the educational and informational value of such programming to
children. See 47 C.F.R. Section 73.671, NOTES 2 and 3.
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT
(U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION
PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
I certify that the statements in this application are true, complete, and correct to the best of my knowledge and belief, and are
made in good faith.
Name of Licensee (print)
Signature
Date
FCC Form 398 (Page 5) March
2006
Analog Preemption Report
Complete the chart below for each Core Program listed in Question 4 of FCC 398 that was preempted during the last three months.
Title of Program:
Total Times to be Aired
Date Preempted/Episode #
Number of Preemptions for
other than Breaking News
Number of Preemptions Rescheduled
If rescheduled, date and time rescheduled
Is the rescheduled date the second home?
If rescheduled, were promotional efforts made to notify the public of rescheduled date and time?
Yes
No
Yes
No
Reason for Preemption:
Public Interest
FCC Form 398 (Page 6)
March 2006
Sports
Non-breaking News
Other
Digital Preemption Report
Complete the chart below for each Core Program listed in Question 9 of FCC 398 that was preempted during the last three months.
Title of Program:
Total Times to be Aired
Date Preempted/Episode #
home?
Number of Preemptions for
other than Breaking News
If rescheduled, date and time rescheduled
Number of Preemptions Rescheduled
Is the rescheduled date the second
If rescheduled, were promotional efforts made to notify the public of rescheduled date and time?
Yes
No
Yes
No
Reason for Preemption:
Public Interest
Sports
Non-breaking News
Other
FCC Form 398 (Page 7)
March 2006
File Type | application/pdf |
File Title | Microsoft Word - 398inst March 2006.doc |
Author | Antoine.Green |
File Modified | 2007-04-04 |
File Created | 2006-10-19 |