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Copyright 2000 The Kansas City Star Co.  
THE KANSAS CITY STAR

January 31, 2000, Monday METROPOLITAN EDITION

SECTION: OPINION; Pg. B6

LENGTH: 449 words

HEADLINE: FCC goes too far

BODY:
The Federal Communications Commission has stirred the ire of
religious broadcasters by issuing what it calls a rules
clarification. There is no doubt it was poorly handled, even if the
threat to religious broadcasting seems minimal.

The matter arose in a TV license-swap case in Pittsburgh. In the
process, the FCC told a religious broadcaster that if it wanted a
license to operate a noncommercial TV station, it would have to
devote at least 50 percent of its regularly scheduled air time to
educational programming. So far so good.

But then the FCC, in a split decision among commissioners,
defined what it meant by educational programming in a way, said FCC
Chairman William E. Kennard, that "simply clarifies long-standing
FCC policy     "

Such programming, said the FCC, cannot be "primarily devoted to
religious exhortation, proselytizing or statements of personally held
religious views and beliefs." It was a curious addendum that struck
many religious broadcasters as hostile to free speech.

The FCC erred by sliding this kind of important definition into a
small section called "additional guidance" in a long ruling. But it
seems like an overreaction for Rep. Michael Oxley, an Ohio
Republican, to announce he will introduce legislation overturning the
FCC ruling because, he says, "the FCC has no business suppressing
the expression of religious belief."

Well, let's all take a deep breath. First, only a handful of
religious broadcasters control noncommercial TV licenses to which the
definition applies. No such restrictions exist on commercial TV,
where most religious programming occurs. Beyond this, there are no
such restrictions on the other 50 percent of programming on
noncommercial TV. Religious broadcasters, if they want, can fill that
time with nothing but sermons by televangelists.

Still, the government's power can be coercive. And the FCC needs
to take a step back and rethink whether its definition of what
constitutes educational programming should focus so much on religion,
especially when religious freedom is such a bedrock value of our
nation.

The FCC's ham-handed ruling undoubtedly will produce demagogic
speeches in Congress and broad denunciations of the government by
others. A better idea would be for calm minds to meet and produce
clear rules - especially in light of the recent decision by
Cornerstone Television, the religious broadcast company that wanted
the Pittsburgh station, to decline to pursue the license because the
new rules "seriously jeopardized our ability to carry out our
mission of broadcasting Christian educational programming."

LOAD-DATE: February 1, 2000




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