Prime Time Access Rule
The Prime Time Access Rule (PTAR) is a form of broadcasting legislation that was instituted in the United States by the Federal Communications Commission (FCC) in 1970 to restrict the amount of network programming that a local television station either owned-and-operated or affiliated with a television network can air during "prime time". This law was repealed by the FCC in 1996.
The PTAR was issued in 1970 and was implemented at the beginning of the 1971-72 television season (the week of September 13–19, 1971). It was re-examined periodically and underwent several modifications since its initial implementation.
The PTAR was instated over the concern that the three major television networks (ABC, CBS and NBC) dominated the television program production market, controlled much of the programming presented to the public, and inhibited the development of competing program sources. The FCC believed that PTAR would ultimately increase the level of competition in program production, reduce the networks' control over programming decisions made by their affiliates, and thereby increase the diversity of programs available to the public.
To ensure that independent companies would have access, the FCC, at the same time, instituted the Financial Interest and Syndication Rules (commonly known as "fin-syn"), which prohibited networks from owning syndication arms. Existing syndication divisions operated by the networks were forced to be spun off as new companies independent of network management (such as Viacom, originally created by CBS to distribute its content, and eventually expanded outside of program syndication and distribution in the succeeding years post-spinoff).
Immediately prior to its repeal, the Prime Time Access Rule applied only to owned-and-operated or affiliated network stations in the 50 largest television markets. It restricted these stations from broadcasting more than three hours of network programming during the four-hour prime-time block each evening and established the first hour of prime time (7:00–8:00 p.m. Eastern Time and Pacific Time, 6:00–7:00 p.m. Central, Mountain, Alaska and Hawaii–Aleutian Time) as the "prime access hour".
By the early 1980s, the PTAR had introduced a policy amendment prohibiting stations in the 50 television markets with the highest prime time viewership from broadcasting more than three hours of network programming during the four-hour "prime time" block. Stations had to find original programming to fill during the "prime time" fraction. However, the rule exempted certain types of programming, such as overruns of live sports events, special news, documentary and children's programming, and certain sports and network programming of a special nature.
To comply with the PTAR, most local television stations presented at least one syndicated game show between 7:00 and 8:00 p.m.; ironically, these were usually additional episodes of existing network daytime game shows (occasionally with a different host), distributed by companies that before 1971 had been subsidiaries owned by the networks (such as the former CBS property Viacom and Worldvision Enterprises, formerly owned by ABC), effectively circumventing the purpose of the rule. Other programming that was often scheduled in these time slots were revivals of Hee Haw and The Lawrence Welk Show (both shows that had been canceled by their respective networks, CBS and ABC, in the spring of 1971, before PTAR took effect).
The loss of the extra hour forced networks to eliminate a significant amount of its programming schedule; this led to an exacerbation of an already-existing trend in television programming known as the "rural purge", where programming that targeted less affluent, rural or older viewers (most notably, several series carried by CBS including The Beverly Hillbillies, Mayberry R.F.D. and Green Acres) was cancelled by the networks.
The PTAR was eliminated on August 30, 1996, the commission having determined it was "no longer necessary" as a tool to promote independent production or affiliate autonomy. While the major networks have not reclaimed the traditional "access" period in early primetime, this is most likely due to pressure from affiliates to retain control of one of the more profitable parts of their programming schedules. Several syndicated programs (such as Entertainment Tonight, Wheel of Fortune and Jeopardy!) are still broadcast in the "prime access hour", and have earned audiences equal to or greater than many network shows. In 2010, Fox was allowed to present World Series games that started around 7:30 p.m. Eastern Time, so as to prevent games from running into the 11:00 p.m. (Eastern) hour.
Smaller networks such as Pax TV began programming full 24-hour schedules after the rule change. Some networks, though had programmed the "access" hour despite the rule, particularly Spanish-language networks that hold responsibility for the majority of their affiliates programming schedules, such as Univision and Telemundo.
A 1975 revision to the PTAR allowed networks to program the 7:00 p.m./6:00 p.m. time slot on Sundays, and all of the major networks have done so ever since. ABC has programmed America's Funniest Home Videos in the slot for much of the time since 1993 (except for a period from 1997 to 2002, when ABC broadcast The Wonderful World of Disney in the 7:00 p.m. hour), while CBS has shown 60 Minutes in the slot consistently since 1975. NBC has mostly broadcast Dateline NBC in the slot since 1996, though since regaining NFL broadcasting rights in 2006, during football season the network airs Football Night in America in the slot as a pre-game show to its NBC Sunday Night Football broadcasts.
The slot has been used by the networks to broadcast run-over programming from NFL games, since the NFL broadcasting contracts require the games to air in their entirety (this happened as a result of the Heidi Game in 1968, in which NBC cut away from an Oakland Raiders-New York Jets game to air the television film Heidi, prior to the latter team's comeback late in the fourth quarter). While CBS "shifts" its Sunday evening schedule to start after its NFL coverage concludes, Fox has utilized a different approach: the network completely pre-empted its lineup until the last game it held the right to broadcast in each region had finished until 2004, upon which it joined its prime-time lineup in progress (pre-empting portions or even the entirety of programs scheduled to air in the "first" hour of its prime time schedule following the game's designated time slot).
Since 2005, Fox has aired the post-game show, The OT, in the slot as "filler" programming between its NFL coverage and The Simpsons at 8:00 p.m., with its length depending on how late the final game ends, since NFL games with a 4:15 p.m. (Eastern) start time almost always end by 8:00 p.m., even if the game goes into overtime. Fox has continued the practice for NASCAR Sprint Cup Series races, as from 2007 to 2009, the Daytona 500 was designed to creep into the 7:00 p.m. hour, as would the Auto Club 500. Before that, the 7:00 p.m. hour on Fox was seen similar to that of the Friday night death slot on all of the networks, as several shows near the end of their runs (such as Malcolm in the Middle, Family Guy and Futurama) were scheduled to air in the time period but ultimately got pre-empted by Fox's NFL coverage. This tradition has continued during the off-season, with the most recent examples of shows burned off on Sundays at 7:00 p.m. half-hour being 'Til Death and Sons of Tucson during the spring and summer of 2010, and Mulaney in 2014.
- Schurz Communications, Incorporated v. Federal Communications Commission and United States of America
- Telecommunications Act of 1996, issued at the same time as PTAR was repealed.