CONGRESSMAN ED BRYANT SAYS...

FCC Shouldn't Stomp on Religious Freedom

The Federal Communications Commission has made a controversial decision regarding religious expression in noncommercial programming. In a normally routine transaction, Cornerstone Television, a nonprofit religious broadcaster in Pittsburg, PA, transferred its commercial license for a noncommercial one with Paxson Communications. The FCC has allowed the transfer, but has stated that it will exercise "additional guidance" over the programming schedules of Cornerstone Television.

According to the recent order, the FCC has the power to declare what is and is not allowed on noncommercial stations, and they have stated that 50% of what appears on noncommercial TV stations must meet their generic definition of "educational, cultural, or instructional" programming. Religious exhortation, proselytizing or statements of personal religious belief do not fall in line with the new FCC definition, making this the first time that traditional religious programming can no longer be counted as educational.

In reality, the FCC is allowing one kind of religious expression while excluding another. They claim that they can fairly and accurately draw a line between programs that teach about religion - which are acceptable as "educational" viewing - and programs that are devoted to religious "exhortation" or statements of personal religious belief - which are not acceptable under the new standards. Deciding what fits under the guidelines of "educational, cultural, instructional" programming is a task impossible to complete fairly - any decisions that they make, while purportedly rational, would be based on nothing more than opinion. More importantly, the regulation of religious speech is in direct violation of the First Amendment.

The FCC's actions interfere with religious expression, and unfairly single out religious programming by establishing stringent standards for noncommercial stations to abide by. While Cornerstone did get its license, it may be unable to complete the transfer if it has to change its programming. Also, many other religious broadcasting stations are in danger of losing their licenses.

Legislation has been introduced by Congressman Michael G. Oxley which would reverse action taken by the FCC limiting religious speech in broadcasting. Mr. Oxley's bill, the Religious Broadcasting Freedom Act, would nullify the "guidance" on this issue contained in the FCC order #99-393, made public December 29, 1999. Additionally, it would require the FCC to use its normal rulemaking procedures, which include taking public comment, if it attempts to regulate this area in the future.

I cosponsored this bill because it will protect the rights guaranteed in the First Amendment, and because it will prevent the FCC from unnecessarily regulating religious broadcasting. It is my hope, however, that the FCC will recognize its error and repeal this order.