[Congressional Record Volume 146, Number 5 (Monday, January 31, 2000)]
[Extensions of Remarks]
[Page E37]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




THE FEDERAL COMMUNICATIONS COMMISSION STATEMENT IN REFERENCE TO CERTAIN 
                    TYPES OF RELIGIOUS BROADCASTING

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                   HON. CHARLES W. ``CHIP'' PICKERING

                             of mississippi

                    in the house of representatives

                        Monday, January 31, 2000

  Mr. PICKERING. Mr. Speaker, in December of last year, the Federal 
Communications Commission (FCC) overstepped its bounds and authority by 
issuing statements that if enforced, would restrict certain types of 
religious broadcasting.
  I am happy to report that the FCC reversed its decision on Friday. I 
applaud the decision of the FCC but am troubled that such a decision 
was ever made.
  While issuing a ruling on a routine license transfer, the FCC 
editorialize about new, strict standards for educational programming 
that could have affected many non-commercial, educational television 
broadcasters. The FCC stated that ``religious exhortation, 
proselytizing, or statements of personnally-held religious views and 
beliefs generally would not qualify as `general education' programming. 
Thus, church services generally will not qualify as `general education' 
under our rules.''
  It is arrogance of the highest form for the FCC to attempt to 
determine what is--and--what is not educational. The FCC's statements 
amount to an unconstitutional restriction on religious speech. This 
type of content regulation and suppression of religious expression is 
not acceptable. The FCC is neither qualified nor does it have any legal 
authority to engage in this sort of line drawing.
  The FCC was established by the Communications Act of 1934 and is 
charged with regulating interstate and international communications by 
radio, television, wire, satellite and cable. The FCC's jurisdiction 
covers the 50 states, the District of Columbia, and U.S. possessions. 
The Federal Communications Commission (FCC) is an independent United 
States government agency, directly responsible to Congress.
  Shortly after reading the FCC's anti-religious statements, Reps. Mike 
Oxley, Steve Largent, Cliff Stearns and I wrote the Chairman of the FCC 
to remind him that the FCC is still directly responsible to Congress 
and that he should reverse the anti-religious statements or he could 
stand by and see it overturned by Congressional action.
  Last week, we introduced H.R. 3525--The Religious Broadcasting 
Freedom Act to overturn the ruling issued by the FCC and did so with 
over 60 cosponsors. The FCC is accountable to the Congress and I 
believe we have demonstrated that we will take decisive action when the 
FCC or any other federal agency exceeds its authority--and especially 
when such actions threaten our religious freedoms.
  The FCC's action was an unprecedented action by a government agency 
in an attempt to decide what is acceptable religious programming and 
content. The fact is, it is not the place of any government agency to 
determine what is acceptable religious speech because religious freedom 
and freedom of speech are both protected by the Constitution.
  I have heard from many religious broadcasters in Mississippi and 
across the country who expressed outrage at the FCC and their actions. 
I am pleased to tell them that we have stopped this un-Constitutional 
decision in its tracts. Yet, I urge my colleagues to remain vigilant. I 
assure you that if the FCC takes any actions that suggest they may 
attempt to pursue this action in any other format, I will fight it once 
again.

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