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 SEPARATE  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 In  the  Matter  of  the  Commissions  Broadcast  and  Cable 
 Equal  Employment  Opportunity  Rules  and  Policies 


 In  my  six  months  on  this  Commission  I  have  often  stated  my  strong  desire  to  see 
 the  Commission  quickly  put  in  place  effective  EEO  rules  in  the  wake  of  the  D.  C.  Circuit 
 decision  striking  down  our  EEO  rules  for  the  second  time.  I  have  just  as  often 
 encouraged  broadcasters  and  cable  entities  to  continue  their  efforts  to  reach  out  into  the 
 community  to  seek  new  and  diverse  talent  as  they  build  their  workforce,  and  to  keep  the 
 Commission  apprised  of  their  efforts  in  this  regard. 


 I  have  been  encouraged  by  the  responses  of  some  broadcasters  and  cable 
 companies  that  have  continued  their  outreach  efforts  in  the  absence  of  EEO  rules.  I  hope 
 they  will  pursue  these  endeavors  as  the  Commission  considers  new  EEO  rules.  Their 
 actions  have  translated  into  positive  results  in  building  a  workforce  with  more 
 resemblance  to  our  nations  diversity. 


 I  have  also  been  encouraged  by  my  Chairmans  commitment  to  institute  a 
 proceeding  to  put  new  rules  in  place  by  the  end  of  the  year    a  commitment  he  fulfills 
 with  the  adoption  of  this  item  today. 


 For  those  reasons,  I  support  the  Second  Notice  of  Proposed  Rulemaking  we  adopt 
 today.  The  NPRM  makes  clear    if  there  was  any  confusion    that  the  Commissions 
 rules  prohibiting  discrimination  will  remain  in  effect.  In  addition,  I  hope  that  this  NPRM 
 will  form  the  basis  of  an  extensive  record  that  will  result  in  strong  EEO  rules  that  I  will 
 be  able  to  support  with  enthusiasm  and  with  pride. 


 While  I  support  the  NPRM  before  us  today,  I  do  not  feel  that  it  reflects  the  deep 
 and  passionate  commitment  to  a  diverse  workplace  that  America  must  have  if  it  is  to 
 fulfill  its  potential.  Our  countrys  strength  is  its  diversit  y.  Diversit  y  is  not  a  problem  to 
 be  accommodated;  it  is  an  opportunity  to  be  developed.  We  will  succeed  in  the  Twenty 
 first  century  not  in  spite  of  our  diversity,  but  because  of  our  diversity. 


 Diversity  should  be  Americas  song,  and  the  FCC,  standing  at  the  forefront  of  the 
 great  transforming  forces  of  our  generation,  should  be  leading  the  choir.  But  this  notice 
 does  not  sound  the  trumpet  and,  as  it  was  written  of  old,  if  the  sound  of  the  trumpet  be 
 uncertain,  then  who  shall  respond  to  the  call  of  the  battle?  I  know  my  fellow 
 Commissioners,  and  I  believe  each  of  us  is  dedicated  to  the  advancement  of  equal 
 opportunity,  here  at  the  Commission  and  across  the  industries  with  which  we  work.  But  I 
 am  afraid  that  the  reversals  by  the  D.  C.  Circuit  have  rendered  us  a  bit  timid  and  fearful  of 
 even  approaching  the  borders  of  circumscription  established  by  the  Court. 


 I  understand  full  well  that  the  decisions  of  the  D.  C.  Circuit  have  limited  the  scope 
 of  any  EEO  rules  the  Commission  may  adopt,  and  I  am  saddened  by  the  retreat  this 
 particular  Courts  decisions  represent  in  the  area  of  equal  employment  opportunity  and, 
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 indeed,  in  civil  rights  generally.  But  when  civil  rights  are  at  stake,  the  stakes  are  high  for 
 America.  Our  responsibility  is  to  press  the  cause,  to  push  the  edge  of  the  envelope  and 
 not  to  be  deflected  by  a  court  decision  that  may  not  have  gotten  it  right  and  that  is,  in  fact, 
 being  vigorously  contested  at  this  very  moment.  Frankly,  I  have  a  difficult  time  believing 
 such  strictures  could  pass  higher  court  muster. 


 We  can  do  better.  We  can  push  the  envelope  farther  than  this  and  still  be  within 
 the  safe  harbor  of  legal  and  judicial  boundaries.  The  Constitution  has  brought  us  a  long 
 way  in  civil  rights  and  equal  opportunity  in  the  past  half  century,  and  I  dont  think  its  out 
 of  gas  yet. 


 Here  is  our  challenge.  Let  us  take  this  proceeding  as  a  port  of  embarkation  and 
 set  sail  to  develop  a  record  of  breadth  and  depth  that  is  in  consonance  with  the  breadth 
 and  depth  of  this  great  land.  I  ask  all  of  our  stakeholders  to  help  us.  Lend  us  your 
 experience,  your  insight,  your  creativity  to  help  us  craft  rules  that  are  first  of  all  effective 
 and  transforming,  but  that  will  also  pass  the  muster  of  the  courts.  A  tall  order?  Yes    but 
 America  was  built  on  filling  tall  orders.  So  I  believe  it  can  be  done.  This  is  the  time,  this 
 is  the  place,  to  do  it. 


 As  we  move  to  rules  in  this  proceeding,  let  us  search  out  uncharted  paths  to 
 achieve  equal  employment  opportunity.  Let  us  reach  out  to  all  of  our  stakeholders  --  I 
 trust  the  court  will  let  us  do  that    and  put  Americas  genius  to  work  in  the  cause  of  equal 
 opportunity.  And  lets  do  so  with  a  sense  of  urgency.  We  have  been  without  rules  here 
 for  far  too  long.  We  need  to  have  this  Commission  on  record  with  forthright  equal 
 employment  opportunity  rules  --  and  the  sooner  the  better. 


 In  furtherance  of  that  cause,  I  hope  that  the  Commission  will  give  this  issue  the 
 extra  attention  it  deserves  by  convening  an  en  banc  hearing  to  address  our  broadcast  and 
 cable  EEO  rules.  Such  a  hearing  would  create  a  forum  for  discussion  among 
 broadcasters,  cable  system  operators,  advocates,  legal  scholars  and,  most  importantly  of 
 all,  concerned  citizens  from  every  corner  of  the  country.  And  it  would  make  an  eloquent 
 statement  about  the  importance  the  Commission  attaches  to  the  job  at  hand.  This 
 discussion,  in  addition  to  the  comments  we  receive  in  response  to  this  NPRM,  would 
 form  a  record  on  which  we  can  base  strong,  effective  and  legally  sustainable  equal 
 employment  opportunity  rules. 


 For  my  part,  I  look  forward  in  the  next  few  months  to  intensive  engagement  on  a 
 subject  that  goes  to  the  core  of  our  national  being  and  upon  which  hinges  our  ability  to 
 open  the  doors  of  opportunity  for  our  fellow  citizens.  This  is  something,  my  friends,  that 
 we  need  to  do  and  do  right. 
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