Page:United States Statutes at Large Volume 104 Part 1.djvu/1032

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104 STAT. 998 PUBLIC LAW 101-437—OCT. 17, 1990 47 USC 394, 393a. 47 USC prec. 395, prec. 396, prec. 397. (3) the United States must act now to greatly improve the education of its children; (4) television is watched by children about three hours each day on average and can be effective in teaching children; (5) educational television programming for children is aired too infrequently either because public broadcast licensees and permittees lack funds or because commercial broadcast licensees and permittees or cable television system operators do not have the economic incentive; and (6) the Federal Government can assist in the creation of children's educational television by establishing a National Endowment for Children's Educational Television to supplement the children's educational programming funded by other governmental entities. NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION SEC. 203. (a) Part IV of title III of the Communications Act of 1934 (47 U.S.C. 390 et seq.) is amended— (1) by redesignating section 394 as section 393A; (2) by redesignating subparts B, C, and D a^ subparts C, D, and E, respectively; and (3) by inserting immediately after section 393A, as so redesignated, the following new subpart: "Subpart B—National Endowment for Children's Educational Television Government contracts. Grant programs— education. 47 USC 394. Cable television. ESTABLISHMENT OF NATIONAL ENDOWMENT "SEC. 394. (a) It is the purpose of this section to enhance the education of children through the creation and production of television programming specifically directed towajrd the development of fundamental intellectual skills. "(b)(l) There is established, under the direction of the Secretary, a National Endowment for Children's Educational Television. In administering the National Endowment, the Secretary is authorized to— "(A) contract with the Corporation for the production of educational television programming for children; and "(B) make grants directly to persons proposing to create and produce educational television programming for children. The Secretary shall consult with the Advisory Council on Children's Educational Television in the making of the grants or the awarding of contracts for the purpose of making the grants. "(2) Contracts and grants under this section shall be made on the condition that the programming shall— "(A) during the first two years after its production, be made available only to public television licensees and permittees and noncommercial television licensees and permittees; and "(B) thereafter be made available to any commercial television licensee or permittee or cable television system operator, at a charge established by the Secretary that will assure the maximum practicable distribution of such programming, so long as such licensee, permittee, or operator does not interrupt the programming with commercial advertisements.