Ruling on Broadcast Hiring Upheld

A federal appeals court declined to review an earlier ruling that struck down government rules requiring radio and television broadcasters to recruit women and minorities in hiring. The Federal Communications Commission had asked the full Court of Appeals for the District of Columbia to review the April 14 decision by a three-judge panel that threw out the long-standing rules. FCC Chairman William Kennard said he was “extremely disappointed” with the decision and is considering whether to appeal to the Supreme Court. In the meantime, Kennard said he will propose revised rules to address the lower court’s objections and “ensure a level playing field so that all Americans have the opportunity to participate in broadcasting.” Four of the appellate court’s 11 members said they support a rehearing of the case, which arose out of a lawsuit by the Missouri Synod of the Lutheran Church. The church operates two religious radio stations that hired only people familiar with church doctrine and were fined by the FCC for violating the hiring rules. In an unusual published dissent, Chief Judge Harry Edwards said the earlier decision was in error.