NEWS STORY: FCC Reverses Itself on Religious Programming Guidelines

c. 2000 Religion News Service WASHINGTON _ Religious broadcasters are cheering a decision by the Federal Communications Commission reversing guidelines in a recent FCC ruling that declared some religious programming aired on noncommercial television stations cannot be considered “educational.” FCC commissioners voted 4-1 Friday (Jan. 28) to drop the controversial language. “In an attempt to […]

c. 2000 Religion News Service

WASHINGTON _ Religious broadcasters are cheering a decision by the Federal Communications Commission reversing guidelines in a recent FCC ruling that declared some religious programming aired on noncommercial television stations cannot be considered “educational.”

FCC commissioners voted 4-1 Friday (Jan. 28) to drop the controversial language.


“In an attempt to clarify what constitutes noncommercial, educational programming, we offered additional guidance broadly, and attempted to apply that guidance to specific cases involving religious programming,” the FCC said in the “Order on Reconsideration.”

“Regrettably, it has become clear that our actions have created less certainty rather than more, contrary to our intent.”

The now-revoked guidelines had said programming focused on proselytizing or “religious exhortation” would not meet the qualifications for educational programming required of noncommercial educational stations.

The commission said it will leave programming decisions up to the organizations holding noncommercial educational licenses unless the licensee’s judgment is “arbitrary or unreasonable.”

“In hindsight, we see the difficulty of minting clear definitional parameters for `educational, instructional or cultural’ programming, particularly without the benefit of broad comment,” the order said.

The disputed language appeared in a decision that allowed a three-way license swap in the Pittsburgh area that included a prominent religious broadcaster.

Brandt Gustavson, president of the National Religious Broadcasters, an organization that mounted a campaign protesting the language, called the FCC’s reversal “a total victory” and “a beautiful demonstration of democracy in action.”

He said the NRB had filed a formal petition with the FCC on Friday asking it to reverse the guidelines and clarify that the underlying policy is “null and void” and won’t be reconsidered later.


“We are grateful for the NRB members who spread the news and motivated citizens to call their representatives, senators and the commissioners expressing their outrage over this unconstitutional decision,” Gustavson said.

In a December order, the FCC approved the transfer of a license of noncommercial educational television station WQEX in Pittsburgh from WQED in Pittsburgh to Cornerstone TeleVision, a Wall, Pa.-based Christian network. In turn, it assigned the license of WPCB-TV in Greenburg, Pa., from Cornerstone to a Pittsburgh-based subsidiary of Paxson Communications.

Cornerstone officials announced Jan. 18 they had withdrawn from the agreement with the other broadcasters because they believed the guidelines jeopardized their mission to broadcast Christian programming. Mark Dreistadt, vice president of administration and finance for Cornerstone, said the FCC’s reconsideration is not likely to cause company executives to rethink their decision.

“Until the FCC recognizes officially that religious programming of all types is considered educational and cultural so that we could put to rest any kind of dissent in this area … we are not willing to reopen that conversation,” Dreistadt said. “What we’re looking for … is not only the removal of the bad language but the insertion of some positive language.”

Rep. Michael G. Oxley, R-Ohio, introduced the Religious Broadcasting Freedom Act Jan. 24 as an attempt to reverse the FCC’s December decision and had gained 77 co-sponsors by Friday. He also viewed the FCC’s new statement as a victory.

“Religious broadcasters and their listeners were a target for an FCC that sought to limit their freedom to express religious faith,” Oxley said. “It was wrong, and I’m thrilled that the FCC has seen the error of its ways.”


Commissioners of the federal agency voiced divergent views in statements issued with the reconsideration order.

Commissioner Harold W. Furchtgott-Roth noted that he received more than 1,000 messages of opposition to the guidelines.

“It was not for lack of clarity that these parties objected to the decision but for infringement of freedom of speech and freedom of religion _ and rightly so,” Furchtgott-Roth said.

In a dissenting statement, Commissioner Gloria Tristani said the reconsideration marked a “sad and shameful day for the FCC” and called accusations that the commission was biased against religion “reminiscent of a witch hunt.”

“It is precisely because of my deep respect for religion and my deep appreciation for the religious diversity of America, that I supported our additional guidance,” Tristani said. “In a religiously diverse society, sectarian religious programming, by its very nature, does not serve the `entire community’ and is not `educational’ to non-adherents.”

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