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LEGISLATIVE
ACTION ALERT Ø The
"Noncommercial Broadcasting Freedom of Expression Act", H.R.
4201 May 19,
2000 Action to
Take: Time is of the
essence, as the U.S. House of Representatives is about to consider a bill
that would allow religious broadcasters to take over public television
stations! The Federal Communications Commission
(FCC) is under fire once again by right-wing extremists seeking to promote
all religious broadcasting to an "educational" level. It is imperative that you call, write or e-mail your
Representatives TODAY, urging them to OPPOSE the "Noncommerical
Broadcasting Freedom of Expression Act," H.R. 4201. U.S. Capital Switchboard: 202-224-3121 U.S. House Internet Home Page: http://www.house.gov/ U.S. Senate Internet Home Page: http://www.senate.gov/ Legislative Information (LEGIS) for
Bills:
202-225-1772 Why You
Should Be Concerned About This Bill: ·
H.R. 4201 will exempt religious
organizations from reasonable, neutral requirements. The FCC currently
allows religious organizations to own and operate public television
stations, but only if they meet the same criteria as other operators that
their programming serves an "educational, instructional, or cultural
purpose" and serves "community needs." ·
H.R. 4201 grants special
preferences to religious programming. Under Section 309(m)(1) of this
bill, a nonprofit group can operate a public television station if its
programming serves an educational, instructional, or cultural purpose, and
the FCC cannot object to the group's "educational" status unless it is
found to be "arbitrary or unreasonable." However, religious
programming is exempt from that requirement. In short, if a broadcaster claims
its programming to be religious, the FCC would be required to
automatically grant the programming "educational" status. Why this is a problem: Religious
broadcasters could buy up public television stations and
be under no obligation to continue high-quality educational
programming that benefits the entire community. In a pluralistic society comprised
of many varieties of believers and non-believers, sectarian religious
programming is only "educational" to adherents of the particular religion
being advanced. The limited
amount of educational licenses should be reserved for programming that
serves the entire community.
·
H.R. 4201 restricts the public's
right to oppose applicants that would not serve community needs. Since the landmark
decision in United Church of Christ v. FCC, the FCC has recognized
the right of viewers and listeners to challenge a license application or
transfer under the public interest standard. Nevertheless, this bill allows any
noncommercial educational licensee or applicant claiming to be religious
in nature immune from public or FCC scrutiny, even in cases where
the broadcaster's claim is clearly
unreasonable. Why this is a
problem: Under this bill, an extremist
group such as the World Church of the Creator could apply for and obtain a
reserved, noncommercial educational license. This non-profit group promotes its
religion as "Creativity" and is based on the "survival, expansion and
advancement of the white race."
The group is clearly anti-Semitic and racist. Yet, if community groups
challenged its claim that such programming served the educational needs of
the community, H.R. 4201 would bar the FCC from even considering the views
of the community. Background The FCC has reserved a
small amount of the broadcast spectrum in most communities for
noncommercial educational radio and television stations. Stations operating on the
"reserved" spectrum are typically licensed to universities, school boards,
statewide educational networks, and nonprofit educational
organizations. The
"Noncommercial Broadcasting Freedom Expression Act of 2000," introduced by
Rep. Charles Pickering (R-MS), expands eligibility to hold a reserved
license to virtually any nonprofit organization or entity by allowing
nonprofits to decide themselves whether their broadcast material serves an
educational, instructional or cultural purpose. Thus, the bill would require the
FCC to award noncommercial educational licenses to nonprofits without due
regard to an organization's purpose. The cumulative effect of
the this bill would not only deprive the public of valid educational
programming, but elevate religious broadcasting to a level non-compliant
with the Establishment Clause of the First Amendment to the U.S.
Constitution. For
further information, please contact Americans United's Legislative
Department: Rachel Joseph, Legislative
Associate Americans United for Separation of
Church and State 518 C St, NE Washington, DC 20002 202-466-3234 202-466-2587 (fax) joseph@au.org ___________________________________________________ AU
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