FCC DELIVERS DANGEROUS DECISION ON RELIGIOUS PROGRAMMING

Manassas, VA (January 5, 2000) – Today National Religious Broadcasters sent its 1200 members a memo outlining a dangerous decision by the FCC interfering with religious expression.  In a decision granting a transfer of licenses between Pittsburgh TV stations, NRB member Cornerstone TeleVision, WQED – a PBS affiliate, and Paxson Communications, the Commission used the case to single out religious programming by establishing new, stringent standards for the “educational” programming that non-commercial educational TV stations must air to remain qualified to hold their licenses.

In its opinion the FCC states, “Not all programming, including programming about religious matters, qualifies as ‘general educational’ programming. For example, programming primarily devoted to religious exhortation, proselytizing, or statements of personally-held religious views and beliefs generally would not qualify as ‘general educational’ programming.” Then in a footnote to this statement the Commission writes, “Thus, church services generally will not qualify as ‘general education’ programming under our rules.”

In his memo NRB president Brandt Gustavson said, “It [the FCC] apparently seeks to draw a line between programs that teach about religion—which the agency deems acceptable as the kind of educational fare that NCETV stations must air—and programs devoted to religious ‘exhortation’ or statements of personal religious belief—which do not satisfy the new programming standard. The line-drawing that the new standards require is likely to be a difficult, if not impossible, exercise. The Order contains a disquieting implication that the government may restrict certain strains of religious speech—disfavoring more passionate and emotional expressions of faith—while not constraining others that are more ‘intellectual’ and drained of human emotion.”

Dissenting in the FCC decision, Commissioners Powell and Furchtgott-Roth issued a joint statement, “Quite simply, the more the Commission attempts to generically define which ‘educational, instructional and cultural’ programming will count for regulatory purposes, the closer it will come to unacceptable content regulation.  The example of church services used in this order illustrates the point.  The order indicates that church services generally would not qualify as ‘general educational’ programming. We ask however, why such programming might not qualify as ‘cultural’ programming just as a presentation of an opera might?”

The procedural aspects of this case pose another set of problems.  The FCC generally does not issue a “rule of general applicability” in a license application proceeding, but by doing so here, the agency has avoided opening the matter to broad comment by interested members of the public—including other religious broadcasters.  NRB considers this a matter of high priority and is now considering various legal options.

National Religious Broadcasters is an association representing more than 1250 Christian communicators. NRB exists to foster media access for the gospel, to promote standards of excellence and integrity, and to provide networking opportunities for its members.

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