*Pages 1--2 from  Microsoft Word - 22818.doc*
 SEPARATE  STATEMENT  OF  CHAIRMAN  MICHAEL  K.  POWELL 
 Re:  Review  of  the  Commission's  Broadcast  and  Cable  Equal  Employment  Opportunity  Rules  and  Policies  (MM  Docket  No.  98-  204). 


 I  am  proud  that  the  Commission  has  unanimously  adopted  new  EEO  rules.  When  we  issued  the  notice  of  proposed  rulemaking  last  December,  we  sought  ways  to  revise  the 
 equal  opportunity  rules  to  be  consistent  with  the  holding  of  the  D.  C.  Circuit  in  Association  1  .  We  do  so  here  today  by  establishing  effective  and  legally  sustainable  rules. 


 The  public  benefits  of  individuals  in  our  society  having  equal  employment  opportunities,  based  on  merit  rather  than  discriminatory  factors,  are  so  numerous  they  are 
 impossible  to  list.  I  believe  few  would  disagree  with  this  proposition.  Thus,  it  is  only  right  and  proper  for  this  agency  to  expect  its  licensees  to  afford  equal  opportunities  for 
 everyone.  Indeed,  I  believe  it  is  our  obligation  to  attempt  to  widen  the  circle  of  those  Americans  that  benefit  from  the  fruits  spawned  by  those  licenses.  If  the  public  interest 
 benefit  means  anything  at  all  it  cannot  possibly  tolerate  the  use  of  a  government  license  to  discriminate  against  the  citizens  from  whom  the  license  ultimately  is  derived.  Thus,  we 
 will  remain  vigilant  in  our  enforcement  of  these  rules. 
 The  rules  we  adopt  today  include  a  broad  outreach  program  that  is  squarely  race  and  gender  neutral  and,  thus,  not  constitutionally  suspect.  The  EEO  rules  focus  on 


 increasing  the  possibility  that  more  minorities  and  women  get  the  opportunity  to  compete  fairly  for  employment.  No  one  is  entitled  to  rewards  they  did  not  earn.  No  one  is  entitled 
 to  jobs  for  which  they  are  not  qualified.  But,  everyone  is  entitled  to  an  equal  opportunity  to  vie  for  those  rewards  and  compete  for  those  jobs.  The  outreach  program  provides  for 
 the  simple  opportunity  to  compete  for  employment  vacancies.  All  Americans,  regardless  of  stripe,  benefit  when  our  workforce  captures  the  rich  talent  of  our  great  nation. 


 1  MD/  DC/  DE  Broadcasters  Association  v  FCC,  236  F.  3d  13,  reh'g  den.  253  F.  3d  732  (D.  C.  Cir.  2001)  pet 
 for  cert.  Filed,  MMTC  v  MD/  DC/  DE  Broadcasters  Association.  No.  01-  639  (October  17,  2001). 
1

2