MMTC Challenges Wheeler on Characterization of Procurement Rule
A proposed rule that would extend requirements for diversity in procurement to all FCC regulatees doesn't present a constitutional question, Multicultural Media, Telecom and Internet Council Senior Adviser David Honig said in a letter to the agency responding to Chairman…
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Tom Wheeler's testimony on Capitol Hill Tuesday. Wheeler told legislators the MMTC proposal to apply pay-TV procurement rules to all FCC regulated entities could raise a constitutional question of strict scrutiny. “Until your testimony today, no one has ever suggested that the Rule presents any constitutional question,” Honig wrote. “Supporters and opponents of affirmative action agree that if a regulation merely required stations to implement racially neutral recruiting and hiring programs, the equal protection guarantee would not be implicated,” said Honig. “This is settled law.” MMTC wants to have the procurement extension included in the FCC upcoming media ownership order, which already has been voted by the Democratic FCC commissioners, as was announced Tuesday (see 1607120078).