The Federal Communications Commission has started researching a possible universal rating system to include games, mobile content and television in response to the US Congress investigating current laws are doing enough to protect children from harmful content.
Enter the ESA which says that the FCC has no jurisdiction in games.
According to Rich Taylor, senior VP for communications and industry affairs at ESA, current ESRB ratings are “considered by parents, family advocates, the Federal Trade Commission, and elected officials as the gold standard in providing caregivers with the information they need to make the right choices for their families.”
Taylor feels a universal rating would “confuse consumers, violate the Constitution’s first amendment, and are a solution in search of a problem.”
The FCC maintains control over television an radio in the US – basically airwaves. How games would fall under this category is unknown, unless the FCC lobbies to get more power in its court.