FCC’s EEO rules shouldn’t have been overturned entirely just beca...
FCC’s EEO rules shouldn’t have been overturned entirely just because U.S. Appeals Court, D.C., objected to one portion of them (CD Jan 17 p1), Commission said in petition for rehearing or en banc hearing. Petition, filed Fri., said federal…
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agency was entitled to have provisions treated as severable “when it clearly states its intent and when such intent is rational.” Minority Media & Telecom Council and civil rights groups also were expected to file notices of appeal after our deadline Fri. FCC said it could institute proceeding to set EEO rules without “offending provision,” but that would waste agency’s resources and could lead to additional litigation. Commission said so-called “Option B” rejected by court wasn’t essential to its EEO rules, but was “adopted at the request of broadcasters to provide them with additional flexibility.” FCC Comr. Tristani supported petition, but said she was “disappointed” that agency declined to seek review of entire Appeals Court decision, rather than just bid to retain Option A.