Letter from Rep. Mike Oxley (R-OH) and others to FCC Chairman William Kennard. Re: FCC decision regarding religious broadcasting. Date: January 6, 2000. Source: Office of Rep. Oxley.

 

January 6, 2000  The Honorable William E. Kennard
Chairman
Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
 
Dear Chairman Kennard:
 
We understand that the FCC, in its infinite wisdom, has decided to begin passing judgment on which religious programming is and isn't "educational" for purposes of acquiring and holding a noncommercial educational television license.
 
In an order released December 29, 1999 -- in an adjudicatory proceeding, no less -- the Commission took it upon itself to begin dictating programming decisions to religious broadcasters, ordering that traditional religious content be replaced with "educational" content more to the Commission's liking.  We assure you that this policy will not stand.
 
With Congress safely out of session, without the benefit of public comment, the Commission has divined (from what authority, we do not know) that "religious exhortation, proselytizing, or statements of personally-held [sic] religious views and beliefs generally would not qualify as ‘general educational’ programming. ...  Thus, church services generally will not qualify as ‘general education’ programming under our rules."  We assure you that we would have commented on this application if we had known that the Commission was considering anything so outrageous.  The Commission is neither qualified nor does it have the legal authority to engage in this sort of line drawing.
 
The Commission has no business -- no business whatsoever -- singling out religious programming for special scrutiny.  The policy you have instituted amounts to an unconstitutional restriction on religious speech.  This type of content regulation and suppression of religious expression is utterly unacceptable.
 
It was the intent of Congress that noncommercial television serve the educational and cultural needs of smaller audiences and under-represented populations.  That is what today’s religious broadcasters do.  A majority of the Commission may not find religious services to be educational, but having traveled outside the Washington Beltway in recent weeks, we can assure you that millions of Americans do.  We advise you to reverse this ruling, or stand by and see it overturned legislatively or in court.
  Yours truly,  

Michael G. Oxley Fourth Ohio District	Chip Pickering Third Mississippi District
Steve Largent First Oklahoma District	Cliff Stearns Sixth Florida District

 
cc:   Commissioner Susan Ness
        Commissioner Harold Furchtgott-Roth
        Commissioner Michael Powell
        Commissioner Gloria Tristani