of programming. It argued that its past efforts to promote diversification in the broadcast industry had been insufficient, and detrimental to not only the minority audience, but also the listening and viewing public as a whole. Metro Broadcasting, Inc. v. FCC In the case of Metro Broadcasting, Inc. v. FCC (1990) the constitutionality of the two elements of the FCC's Policy on Minority Ownership of Broadcasting Facilities from 1978 came under scrutiny. Metro Broadcasting, Inc., sought review of an FCC licensing decision. Rainbow Broadcasting had been given a new television license over Metro because of the FCC's policy on minority ownership; Rainbow Broadcasting was minority owned. Metro Broadcasting claimed that the FCC was violating its equal protection right under the Fifth Amendment in its comparative decision to award Rainbow Broadcasting the license. Chief Justice William Rehnquist of the U.S. Supreme Court held : "The FCC policies do not violate equal protection, since they bear the imprimatur of longstanding congressional support and direction and are substantially related to the achievement of the important governmental objective of broadcast diversity." Both the Commissioner and Judge concurred that in regards to the Congress' racial classification policies, they need not be subject to "strict scrutiny". Also, a precedent case, City of Richmond v. J.A. Croson Co., held that, "Benign race-conscious measures mandated by Congress -- even if those measures are not "remedial" in the sense of being designed to compensate victims of past governmental or societal discrimination—are constitutionally permissible to the extent that they serve important governmental objectives within the power of Congress and are substantially related to the achievement of those objectives." FCC Equal Employment Opportunity Regulations 1994 The policy statement released on February 1, 1994 provided clear guidelines by which the Commission would determine and impose sanctions for EEO violations, which in time could create a more consistent body of EEO enforcement precedents. Under this policy a $12,500 base forfeiture (subject to change) would be imposed on license renewal applicants who fail to recruit or attract an "adequate" pool of minority and female applicants or hires for at least two thirds of all vacancies during the renewal period. However, it was noted that at the time this policy was released, the tern "adequate" was never clearly defined. The FCC stated that not only would they continue to require licensees to demonstrate that they made adequate efforts to seek minorities and women, but in