Minority Ownership of Broadcast Properties: A Legal Analysis (CRS Report for Congress)
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| Release Date |
Revised Feb. 1, 2010 |
| Report Number |
RL34269 |
| Report Type |
Report |
| Authors |
Kathleen Ann Ruane, Legislative Attorney |
| Source Agency |
Congressional Research Service |
| Older Revisions |
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Summary:
Amidst growing media ownership consolidation and a significant decline in minority ownership of telecommunications businesses, there has been renewed interest in programs that foster diversity among telecommunications business owners. One potential avenue under consideration is to revive, in revised fashion, a tax program that would allow current owners who sell their broadcast properties to eligible purchasers to defer taxes on gains from the sale. That program had been available for sales to minority-owned firms, defined as socially and economically disadvantaged businesses (SDBs). It was abolished by Congress in 1995 amidst allegations of abuse. In that same year, the Supreme Court held that all government race-based classifications must meet the most exacting standard of review applied by the Court, meaning that all racial classifications must be narrowly tailored to achieve a compelling government interest. To the extent that legislation or FCC programs seek to increase racial and ethnic minority ownership of broadcast stations, they are likely to be subjected to intense scrutiny if challenged in court. The analysis that may be conducted is discussed in detail in this report.
