ACTION FOR CHILDREN’S TELEVISION V. FCC.
564 F.2d 458 (D.C. Cir. 1977)
NATURE OF THE CASE: This was a dispute over ex parte contacts. Action (P), a
public-interest organization, sought review of a decision FCC (D) not to adopt certain rules
proposed by (P) to improve children's television.
FACTS: Action for Children’s Television (ACT) petitioned the FCC to adopt regulations
prohibiting commercials in or sponsorship of children’s television programs along with a
mandate of a minimum amount of suitable programs for children. The FCC instituted notice and
comment rulemaking procedures. The broadcast industry tried to get in front of the
initiative by self-regulation. The NAB then amended its Television Code to limit the amount
and content of advertising on children’s programs. The FCC then issued broad principles to
govern children’s advertising but declined to adopt ACT’s proposal. ACT made claims of a
private meeting between the Commission Chairman and NAB. The court stated it would consider
the contacts even though ACT did not address the issue before the Commission.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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