Well-crafted FCC minority initiatives could survive courts

A panel comprised of academics testifying at an FCC investigation of ownership diversity believe that there are ways the Commission can craft rules to increase minority and female ownership that would stand up to court scrutiny.

It involves carefully defined objectives tied to a solid factual basis. It boils down to carefully identifying and defining a specific compelling governmental interest in diversity of ownership, narrowly crafting policy to address that interest and providing a thorough factual underpinning. Part of the reason that witnesses felt some justification for optimism is that fact that current legal precedent is very limited and leaves plenty of room for maneuvering. In their call for data, the professors came up with a number of policy recommendations that may well be music to the ears of Commissioner Michael Copps but will likely leave broadcasters cold, including spelled out public interest requirements, along with record keeping to demonstrate that they are being met; a return to three-year license renewals; it was even suggested that radio station formats be taken into account during renewal hearings. The academics said that there were plenty of studies out there indicating the importance of station ownership diversity when it comes to serving a diverse population. One noted that ownership for most business types does break down into percentages more in line with actual population makeup, with broadcasting being a notable exception to the rule.