February 9, 2000
FCC reverses guideline
on religious broadcasting
___By Larry Chesser
___Baptist Joint Committee
___WASHINGTON (ABP)--Pressured by religious broadcasters and members of Congress, the Federal Communications Commission voted 4-1 Jan. 28 to vacate guidelines that critics say discriminated against religious broadcasters.
___The FCC issued new guidelines Dec. 29, when it approved a station swap in Pittsburgh allowing Cornerstone TeleVision Inc., a religious broadcaster, to move from Channel 40 to Channel 16, a channel reserved for non-commercial educational programming.
___Since 1952, the FCC has reserved a limited number of television stations for educational broadcasters. Rules require that programs on those channels "be used primarily to serve the educational needs of the community."
___In December, the FCC specified that more than half the programming on educational channels must "primarily serve an educational, instructional or cultural purpose in the station's community."
___But a part of the FCC guidance dealing with religious programming drew sharp criticism. The FCC stated that church services generally do not qualify as educational programming.
___A church service that is part of a historic event, such as the funeral of a national leader, would qualify, if its primary purpose served the educational, instructional or cultural needs of the entire religious community, the commission said.
___"Programming primarily devoted to religious exhortation, proselytizing or statements of personally held religious views and beliefs generally would not qualify" as educational programming, the guidance stated.
___Rep. Michael Oxley, R-Ohio, and the National Religious Broadcasters led protests of the December action, saying the guidelines violated rights of free speech and freedom of religion.
___In vacating the earlier vote Jan. 28, the FCC said the guidance adopted earlier was intended to clarify what constitutes educational programming.
___"Regrettably, it has become clear that our actions have created less certainty rather than more, contrary to our intent," the FCC statement said.
___In hindsight, the FCC added, "We see the difficulty of minting clear definitional parameters for 'educational, instructional or cultural' programming, particularly without the benefit of broad comment."
___FCC Commissioner Michael Powell, who dissented from the Dec. 29 guidance, said it "opened a Pandora's Box of problems. In today's decision, we put the lid back on that box."
___Commissioner Harold Furchtgott-Roth, the other dissenter to the Dec. 29 guidance, faulted the new guidelines on their merits, not because they were unclear.
___"It was not for lack of clarity that these parties objected to the decision but for infringement of freedom of speech and freedom of religion--and rightly so" he said in a Jan. 28 statement.
___In a dissenting statement, however, Commissioner Gloria Tristani called the FCC's reversal "a sad and shameful day for the FCC."
___In vacating the new guidance, she said, "this supposedly independent agency has capitulated to an organized campaign of distortion and demagoguery."
___She rejected claims that new FCC rules barred certain religious programming from reserved channels.
___"Not true. The Commission simply held that not all religious programming would count toward the 'primarily educational' requirement," she said.
___The problem with the new guidance was not a lack of clarity, "but that we were too clear," she added. "What the majority really means is that they prefer a murky and unenforceable rule to a clear and enforceable one."
___Oxley called the new FCC action a "complete and total victory for free religious expression." Earlier, Oxley and other GOP lawmakers had warned FCC Chairman William Kennard "to reverse this ruling, or stand by and see it overturned legislatively or in court."
___"Religious broadcasters and their listeners were a target for an FCC that sought to limit their freedom to express religious faith," Oxley said. "It was wrong, and I'm thrilled that the FCC has seen the error of its ways."
___NRB President Brandt Gustavson called the reversal "a total victory." He said the organization has filed a formal petition to ensure the previous policy is "null and void" and will not be resurrected in the future.
___Despite the FCC's approval of Cornerstone's move to Channel 16, the religious broadcaster notified the FCC in a Jan. 18 letter that it had terminated the station-swap agreement. Cornerstone asked the FCC to dismiss its application to acquire Channel 16 and to assign Channel 40 to another buyer.
Send this story to a friend
Contents/ Masthead / Why We're Here / Links / Archive / E-mail us/ SUBSCRIBE!