Communications Litigation Today was a service of Warren Communications News.

FCC’s STEWART QUIZZED BY PA. BROADCASTERS ON EEO

HERSHEY, PA. -- Roy Stewart, chief of FCC Office of Bcst. License Policy, didn’t once mention EEO during his presentation here Mon. at Pa. Assn. of Bcstrs. (PAB) -- but that was subject of every question but one he received in spirited session. In its 3rd attempt to adopt employment rules for TV and cable that will withstand court scrutiny (2 early rules were ruled unconstitutional), he said Commission was trying to “strike a balance” to assure that all prospective employees would hear about industry job openings.

“Let me say it again,” Stewart repeated as questions continued, “you will not find the words women or minorities” in FCC rulemaking. Newest proposal, he said, provides balance between requiring “outreach” by broadcasters and cable, and burdensome paperwork of 2 previous attempts, which broadcasters opposed. He said FCC for first time was proposing to permit stations to post job openings on Internet. Commission scheduled en banc hearing on proposed EEO rules June 24. NAB Exec. Vp Henry Baumann said Assn. supported EEO rule because “there are 4 votes at the FCC right now” on issue -- and that’s why NAB backed off its position that there should be no employment rules. In comments, Assn. proposed its own EEO rule and planned to make formal pitch for its adoption at en banc hearing.

Stewart said FCC must give terrestrial radio stations “the ability to compete” effectively with digital satellite radio. He said agency was “trying to do everything it can” to assure DTV would become successful. He said that of Pa.’s 38 commercial TV stations, 19 had sought additional time to convert to digital transmissions. Baumann said FCC recognized that other industries (such as cable and set manufacturers) had major role to play in conversion and “we've got to keep the heat on [them].”

NAB Chmn. David Kennedy of Susquehanna Bcstg., discussing Assn.’s congressional victory in getting lowest unit charge (LUC) requirement deleted in conference from campaign finance reform bill, warned: “In Washington, there are no final victories.” He said broadcasters would be prepared if issue arose again in Congress, calling LUC “nothing more than a subsidy” for candidates.

NATPE Pres. Bruce Johansen said original purpose of Assn. was to promote development of local TV programs, but now “it’s a whole new ball game… This is now a global business” and NATPE was “reevaluating what we are and our relevancy” as industry changed. Conceding NATPE “took a big hit” at Jan. convention -- with loss of more than dozen major exhibitors and large drop in attendance -- Johansen said “despite what you read [in trade and consumer press] we will have an exciting conference in January in New Orleans.” Since Las Vegas convention, he has met with defecting program exhibitors and told us he would have announcement next month about New Orleans. Threat of programmers’ holding their own session this fall with advertisers in N.Y. -- as espoused by Dick Robertson of Warner Bros. -- no longer is in works, according to other sources.