Diversity efforts struggle in TV biz

But when Time Warner recruited students for its diversity program, Warner snared a summer internship that led to two others and eventually, a full-time job two years ago.

Now, the 24-year-old cameraman for Time Warner's cable news channel, New York One, darts from one event to the next, videotaping and editing stories about plane crashes, fires and politics with ease. Sometimes Warner hits such a groove at work he says: "I believe I can fly."

But some industry observers fear many of the future Basche Warners - young minorities brought into the broadcast industry through diversity recruiting - will never get their chance to fly.

They fear minorities will be overlooked or denied fair access to jobs because the Federal Communications Commission's equal employment rules, which forced cable systems, networks and radio and television stations to actively recruit minorities as job candidates, was deemed unconstitutional in April and the FCC's appeal to rehear the case was denied last week.

"Many of the African Americans who don't have the perfect qualifications or didn't go to the best schools will get overlooked," said Bob Reid, an executive producer at the Discovery Channel in Bethesda, Md., who is black.

"The superstars will find a way to make it," he said. "But the middle masses of competent people who are diligent and responsible - but not destined to be stars - will be lost. It's OK for whites to be mediocre, but not African Americans."

The issue also has drawn the attention of Latinos. The Congressional Hispanic Caucus is considering ways to get more Latinos into the entertainment and broadcast industries.

The FCC's equal-employment rules required broadcast companies to recruit women and minorities into the job-candidate pool, but did not set hiring goals or quotas.

The rule, in place for nearly 30 years, led to gains for blacks, Latinos and Asians - who traditionally have been underrepresented in broadcast - as more became executives, managers, technicians and on-air talent.

In its decision in April, the U.S. Court of Appeals for the District of Columbia overturned this rule. In its opinion of Lutheran Church-Missouri Synod vs. FCC, the court stated it was unconstitutional for the FCC to require companies to recruit minorities as job candidates. The recruiting requirement, as it applies to women, is still in place because the case questioned recruiting on the basis of race, not gender.

The FCC's appeal to rehear the case was denied last week, representing the latest blow to affirmative action. The FCC can appeal to the U.S. Supreme Court, but has not said whether it will do so.

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