This section contains the nature of the case and procedural background.

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.

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