Hartford Courant from Hartford, Connecticut • 40

Venus boosts craft bound for Jupiter A4 TKi HMTKXO COUtANTi Wd( JWvy 10, 1990 U.S. agencies take opposing stands in case involving Hartford station "The Venus encounter is ourt first major milestone In the mission," said Galileo project scientist Torrence Johnson. "After the encounter, we have gained enough energy out of this celestial billiard shot to get the energy we need to make it all the way to Jupiter." The power the spacecraft is to gain in the flyby is triple the energy of its propellant supply, mission director Neal Ausman said. The $1.35 billion mission will let Galileo examine Earth, its moon and one or two asteroids before the spacecraft separates into an orbit- er and a small probe in July 1995. Associated Press PASADENA, Calif The Galileo spaceship swooped near Venus Friday so the cloud-shrouded planet's gravity could help hurl the craft toward its 199S rendezvous with Jupiter.

Engineers at NASA's Jet Propulsion Laboratory worked into the night, awaiting confirmation of the 2.8-ton spacecraft's closest approach to Venus. The approach was expected at 12:59 a.m. EST, 10,028 miles above the planet's hellishly hot surface. Four hours before the close en counter, radio signals received on Earth confirmed the spacecraft computer ordered Galileo's Infrared light sensor to start observing Venus. The instrument was looking for the glow of the hot lower atmosphere backlighting cooler, clouds overhead, said Bill O'Neil, science and mission design manager.

That started an eight-hour period of intensive photography and measurements, including a photographic search for lightning. Earlier Friday, Galileo studied dust particles and magnetic fields In. space. A II 11 I By MIRANDA S.SPIVACK WASHINGTON Two federal agencies took dramatically different views of affirmative action Friday in a pair of closely watched Supreme Court cases involving the sale of television stations in Hartford, and Orlando, Fla. In the Hartford case which involves WHCT-TV, Channel 18 the Federal Communications Commission defended its policy of giving preference to women and members of minority groups when granting broadcast licenses.

The agency said the policy does not impose harsh burdens on white men. In the Orlando case, the Department of Justice, which has opposed affirmative action for most of the past decade, declared that preferences used for members of minority groups and women seeking broadcast licenses are unconstitutional and should be prohibited. The cases have generated broad interest because they give the high court its first opportunity in years to review federal affirmative action policies. The outcome of the cases could extend well beyond the broadcast world, potentially affecting anyone who does business with the federal government Underscoring the cases' significance was a parade of lawyers from different interest groups who filed several riend-of-the-court briefs for and against affirmative action. John Scully of the conservative Washington Legal Foundation said the group filed a brief to promote J'the great principle that our Constitution is colorblind and opposes quotas and other minority preference plans when they result in intentional discrimination." The cases have a strange history that became more peculiar with the filings by the federal government on Friday.

Last year, the government's lawyers urged the high court to ignore the cases. But the court ignored their advice. Now, forced to lay out their posi- -N tions because the court decided in January to hear the cases, the gov- -ernment's lawyers have shown they are uncommonly divided on government policy. During the Reagan administration, government agencies rarely disagreed on affirmative action, let alone other legal issues at the Supreme Court. Eduardo Pena, a Washington lawyer for the League of United Latin American Citizens, said he was not surprised by the split because he believes that "it reflects the attitude of Attorney General Dick Thombugh about minority status in this country.

He is out of tune." He said he was pleased that the FCC had chosen to defend its preference policies for members of minority groups and women. He helped write a brief urging the court to uphold the policies. Alan Shurberg a Rocky Hill, computer specialist who has challenged the ownership of WHCT said he was buoyed by the justice department's position and said he thought he would benefit by the division within the Bush administration. "It can only help," he said. He is probably right.

The trend at the Supreme Court is toward the position taken by the justice department and the view held by Shurberg. Last year, the justices trimmed back the use of affirmative action by states and localities in a case involving preferences for minority contractors. So far, federal affirmative action preferences remain intact. The broadcast cases came to the high court through challenges to the FCC's licensing policies. Shurberg challenged the FCC's "distress sale" policy, which permits the sale of a station to a qualified minority purchaser without FCC examination of competing bids.

Shurberg said this is a form of reverse discrimination. He claimed that a 1984 FCC ruling that allowed the station's owner, Faith Center to make a distress sale at less than market value to Astroline Communications partly owned by Richard Ramirez, who is was unconstitutional. Last year, a three-judge panel of the U.S. Circuit Court of Appeals f6r the District of Columbia Circuit agreed, saying the policy violated Shurberg's civil rights. Astroline then appealed to the Supreme Court.

In its brief filed Friday, the FCC said its distress-sale policy is narrowly designed to achieve a reasonable government aim: increased minority ownership of radio and television stations. Astroline said in its brief Friday that the FCC policy imposes only a light burden on non-minorities. The Orlando station was sold according to a competitive bidding process in which preferences for minorities and women were considered as one of several positive factors the FCC could consider in allowing the-sale and awarding the license. A lower court upheld the policy. In that case, the justice department said the Supreme Court has only endorsed one justification for affirmative action, "remedying the effects of identified present or past racial discrimination." The department said there is not enough evidence of "prior discrimination in the broadcasting industry.

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