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Author: Tim McDermott
Published: February, 2000

 
As quickly as the concern came, it was over. On January 28, 2000 the Federal Communications Commission voted 4-1 to reverse guidelines limiting religious content on non-commercial public television. In their reversal the Commission said, " In hindsight, we see the difficulty of minting clear definitional parameters for 'educational, instructional or cultural' programming without the benefit of broad comment. Therefore, we vacate our additional guidance." That additional guidance came about as a result of a commercial Christian television station in Pennsylvania desiring to move to a channel reserved for noncommercial educational programming. In granting the application for the proposed move last December, the FCC provided some "additional guidance" for educational stations which in effect, created new policies singling out religious programming. The guidance stated that a station must devote at least 50 percent of its time to educational programming and that "religious exhortation, proselytizing, statements of personal held religious views or beliefs" did not qualify as educational. Historical discussion of religion would qualify as well as ways that religion interfaced with culture. Although this decision was just targeted towards a public television station, the same standard would no doubt be applied to noncommercial educational radio stations as well.
What followed was a public outcry lead primarily by the National Religious Broadcasters (NRB) and its members. Calls flooded into the FCC's office by concerned broadcasters and listeners across the country. Where had this additional guidance come from? Where was the time for public comment on such a major policy change? Was it constitutional for the FCC to say that one type of religious programming was educational and one wasn't? Representative Michael Oxley (R-OH) planned to introduce legislation that would have nullified the new guidelines. Support from Congressman on both sides of the aisle grew in mounting opposition to the FCC's decision. Initially, the FCC stood by their decision saying that they were simply clarifying a standard that has stood for many years. Then in an unprecedented act, the FCC reversed their decision and said that they would go back to the same standards before the additional guidance.

All across the country, Christian programmers declared victory. Rep Oxley called the reversal a "complete and total victory for free religious expression." NRB President Brandt Gustavson echoed Oxley sentiments adding that the NRB "will continue to be vigilant and maintain the freedoms accorded to us by the Constitution, because there will always be forces attempting to strip them away."

While the victory has been complete, opponents from the other side lead by the Save Pittsburgh Public TV campaign that included groups such as the National Education Association were disappointed the FCC "capitulated" to the public pressure. The NRB has filed a formal petition with the FCC asking them to declare their underlying policy of educational programming as null and void and that the Commission or its staff will not bring up this issue in the future.

In an ironic note to this story, the NRB had decided prior to this controversy to give its first-ever, Distinguished Service Award to 35 year FCC veteran Mass Media Bureau Chief, Roy Stewart. In accepting the award at the NRB Convention this month in Anaheim, California, which took place after the FCC reversal, Stewart said that he told the Commissioners that we was going to go speak before the NRB to receive the award. He assured them not to worry, because the religious broadcasters know all about what it means to forgive.

About The Author
Tim McDermott is the General Manager of KSBJ Houston and a former NCRS Chairman.

 

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