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FCC Soliciting Comment on Blocking Technologies to Allow Parents to Shield Their Children from Objectionable Content

March 9, 2009
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The Federal Communications Commission (“FCC”) is seeking comment on various blocking technologies that would enable parents to protect their children from objectionable content across certain communications devices and platforms.

Congress and the FCC have long been concerned with shielding children from objectionable content, but they often encounter resistance from the courts, which frequently find such laws and regulations unconstitutional. By encouraging the deployment of blocking technologies that parents can easily use, Congress may be attempting to leverage technology in response to such constitutional concerns.

As directed by Congress in the Child Safe Viewing Act of 2007, the FCC has published a comprehensive Notice of Inquiry to examine blocking technologies for broadcast television, cable and satellite systems, set top boxes, video game systems, wireless devices, the Internet, and non-networked devices such as DVD players, MP3 players and VCRs. The FCC is interested in currently existing technologies, as well as those that might be developed.

The FCC appears particularly concerned that parents be able to understand and utilize any new technologies that are deployed, noting that most parents have no idea how program the much-heralded “V-chip” that has been installed in most televisions manufactured over the past decade. Parents also remain confused about what the various ratings stand for in the TV Parental Guidelines. For instance, the rating “FV” stands for “Fantasy Violence,” but a recent study showed that several parents of young children thought it stood for “Family Viewing.”

The FCC requests comment from television broadcasters as to the effectiveness of the V-chip, as well as suggestions to increase its usage and parental awareness. Because the effectiveness of the V-chip depends on an accurate ratings system, the FCC also seeks comment as to whether the programs are rated appropriately. Are there any alternative technologies in development that could assist parents in protecting their children from objectionable programming?

The FCC also requests comment from the cable industry about what additional parental control tools are available to subscribers, how easy they are to use, and how widely they are employed. Do blocking technologies in cable set top boxes give parents a finer level of control than the V-chip? How do blocking options provided by TiVo and third-party digital video recorders compare with those available from the cable company? Are there any new technologies in development to help subscribers prevent unwanted content from entering the home?

Comments in this matter are due by April 16, with reply comments due by May 18. Please contact us with any questions you may have.