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NONCOMMERCIAL BROADCASTING FREEDOM OF EXPRESSION ACT OF 2000 (CRS Report for Congress)

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Release Date June 19, 2000
Report Number RS20603
Report Type Report
Authors Kevin B. Greely, American Law Division
Source Agency Congressional Research Service
Summary:

On December 29, 1999, the Federal Communications Commission (FCC) released an order approving the license transfer of WQEX--a noncommercial educational television station--from WQED (the license holder) to Cornerstone Television, Inc, a broadcaster that engages primarily in religious programming. In approving the transfer, the FCC issued "additional guidance" on the educational programming requirements applicable to noncommercial educational (NCE) television licensees and concluded that "programming primarily devoted to religious exhortation, proselytizing, or statements of personally held religious views and beliefs generally would not qualify as `general educational' programming." Amid a firestorm of complaints and criticism over the order, the FCC reconsidered and vacated the "additional guidance" on January 28, 2000. Despite the recission, there has been continuing concern over the remnants of the analysis underlying the FCC's ruling and its potential impact on future decisions by the agency to grant NCE licenses to religious broadcasters. In response, H.R. 4201 --the "Noncommercial Broadcasting Freedom of Expression Act of 2000 "--seeks to statutorily "clarify the service obligations of noncommercial educational broadcast stations." This report will provide a summary of the bill and background on the issues that led to its introduction. The report will be updated as warranted by legislative action.