Broadcasting

As of 1978, only one percent of all radio and television stations in the United States were run by minorities. In an attempt to diversify broadcasting, the FCC adopted rules that year giving preferential treatment to minorities regarding applications for new station licenses and in taking over failed stations (47 U.S.C.A. § 309). During the Reagan administration, this reform was nearly killed, but Congress saved it. Again, during the GEORGE H. W. BUSH administration, an attempt to stop the FCC was launched, this time when the JUSTICE DEPARTMENT asked the Supreme Court to rule against the new FCC guidelines. The effort to block reform met its final failure in 1990, when the Supreme Court ruled 5 to 4 to uphold the constitutionality of race-based licensing. The Court held that such AFFIRMATIVE ACTION is allowable in the broadcasting market if its purpose is to "serve important governmental objectives" (Metro Broadcasting, Inc. v. F.C.C., 497 U.S. 547, 110 S. Ct. 2997, 111 L. Ed. 2d 445). Still, in 1990, fewer than five percent of all radio and television licenses were held by minorities.

Equal opportunity employment has also become a very important consideration in the process of renewing broadcasting licenses. The National Association for the Advancement of Colored People (NAACP) reviews all applications closely to ensure that radio and television stations have provided an opportunity for the employment of minority groups. If any party, such as the NAACP, calls into question the practices of a station, a petition to deny can be filed. If the station cannot provide proof of compliance with equal opportunity standards, it can be denied renewal of its license.