FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987 Page: 1,320
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Federal Communications Commission Record
1 Steele v. FCC, Case No. 84-1176 (D.C. Cir. motion for
remand granted Oct. 9, 1986).
2 For the Commission's decision, see Mid
Corp., 33 FCC 2d 1, 17-18 (Rev. Bd.), rev. denied, 37 FCC 2d
559 (1972). Unless modified otherwise, references to "diversity"
herein refer to program diversity.
3 The TV 9 opinion and supplemental opinion were careful to
point out the difference between a "preference," which the
court viewed as determinative per se, and an "enhancement" or
"merit," which was not. The Commission's implementation of
the TV 9 order in the WPIX case was intended to observe this
distinction. For ease of discussion herein, the term "preference"
shall be deemed to encompass both enhancement and merit,
without legal distinction.
Florida, supra at 652.
5 See Policy Regarding the Advancement of Minority Ownership
in Broadcasting, Gen. Docket No. 82-797, 92 FCC 2d 849
(1982), regarding the availability of tax certificates for limited
partnerships and "start-up" financing.
6 In a Notice of Inquiry in MM Docket No. 85-299, the
Commission proposed to permit distress sales of broadcast properties
to minorities after a revocation or renewal hearing has
commenced, provided the transaction is entered into prior to
the filing of proposed findings of fact and conclusions of law
and the sale price is no more than 50 percent of the fair market
value. Distress Sale Policy for Broadcast Licenses, 50 Fed. Reg.
42047 (1985). Because the issues there will be affected by the
Commission's decision in this proceeding, we will hold in
abeyance our consideration of MM Docket No. 85-299 until this
proceeding is concluded.
7 In Bakke, Justice Powell addressed the University's interest
in selecting a diverse student body. 438 U.S. at 315.
8 Commenters should be as specific as possible in presenting
data supporting their responses. We encourage parties to submit
original empirical studies to support their positions. Where
such analyses are submitted, the methodologies employed
should be described in detail. Studies submitted should attempt
to control for other factors which may also affect viewpoint
diversity, such as market size or demographic characteristics.
We recognize, of course, that not all of these questions raise
issues that are susceptible to empirical study, but for those that
are, we would ask commenters to submit the best data available.
9 At the moment, there are no pending requests for issuance
of tax certificates premised on the sale of licensed facilities to a
minority or minority-controlled group.
SEPARATE STATEMENT BY COMMISSIONER JAMES
Re: Inquiry into the Commission's Comparative Licensing,
Distress Sales and Tax Certificate Policies
Today the Commission launches an inquiry into its
comparative licensing, distress sales and tax certificate
policies. The primary focus of this inquiry is on the
legality of those policies. However, the Commission has
also decided that this is an appropriate occasion to assess
the success of those policies during the eight years since
their adoption. I support these efforts because I believe
that both are necessary and proper concerns to the Commission's
fulfillment of its public interest obligations.
As I have emphasized before, I remain committed to
the Commission's longstanding goal of encouraging and
assisting minority and female entry into broadcasting. I
have also stated, on other occasions, that I am not inclined
to question the wisdom of continuing our minority
policies if they are constitutional. To the extent that this
Notice of Inquiry contains conclusory statements relating
to the legality of our policies, I am not necessarily in
accord with those statements and will reserve judgment
until I have a record before me. I cannot quarrel, however,
with my colleagues' desire to seek comment on
whether these policies are indeed accomplishing the worthy
objectives that they were designed to achieve. I do,
however, place a heavy burden on those that challenge
either the constitutionality or the wisdom of our longstanding
Commission policy of minority preferences. I intend
to study this record very closely before reaching any
conclusions on these sensitive issues.
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United States. Federal Communications Commission. FCC Record, Volume 1, No. 7, Pages 1267 to 1368, December 22, 1986 - January 2, 1987, book, January 1987; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1579/m1/59/: accessed March 27, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.