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OCR Page 1 of 55Mr. William F. Caton
January 17, 1997
Page 7
H. REP. No. 458, 104th Cong., 2d Sess. 196 (1996). The conferees also stated that any guidelines
adopted by the Commission would only be "intended to provide industry with a carefully con-
sidered and practical system for rating programs if the industry does not develop such a system
itself." Id. at 195.
The language and structure of the Telecommunications Act and the Conference Report
demonstrate, therefore, that Congress hoped that the television industry would voluntarily
establish a ratings system and that, if it did, the Commission would not be required to adopt any
recommended procedures for rating programs. The debates on the Act confirm that Congress
intended the Commission to act only if the industry failed to do so. Congressman Markey, who
sponsored the House version of the "V-chip" language (the version that was largely adopted in
the conference bill)²⁰, explained that "[t]his is a voluntary system that is submitted. If the
networks do not come up with one on their own, a voluntary rating system that is recommended."
141 CONG. REC. H8487 (daily ed. Aug. 4, 1995). In the debate on the conference bill,
Congressman Markey reiterated this understanding: "It will be several years before television sets
include the V-chip. First, the industry must develop a ratings system." 142 CONG. REC. H1171
(daily ed. Feb. 1, 1996). The same point was made in the Senate debate on the conference bill:
"[I]f the television broadcasters, [and] cable operators have not taken the opportunity to
voluntarily develop a rating system to guide parents, the Federal Communications Commission
would be authorized to establish an advisory committee to develop recommendations and
guidelines for the identification and rating of television programming." Id. at S702 (daily ed. Feb.
1, 1996) (Statement of Senator Burns).
Thus, if the television industry develops a voluntary system of guidelines, as it has,
Congress did not expect the Commission to develop its own ratings system; the Commission is to
act only if the industry fails to. To be sure, the Act authorizes the Commission to appoint the
advisory committee if the industry-developed system is not "acceptable." But that proviso does
not alter Congress' express understanding that it was principally looking for guidelines adopted by
the industry. Nor does it permit the Commission to substitute its own judgment of what might be
the "best" system for the industry's choice.
The structure of the Act itself so indicates. If the industry failed to adopt a system, the
Commission would be required to appoint a broad-based advisory committee including
representatives of "appropriate public interest groups, and other interested individuals from the
20
H. REP. No. 458, 104th Cong., 2d Sess. 195 (1996)("The conference agreement adopts the
House provisions with modifications.").
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