[Federal Register Volume 61, Number 49 (Tuesday, March 12, 1996)]
[Proposed Rules]
[Pages 9964-9966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5825]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 1 and 73
[MM Docket No. 96-16, FCC 96-49]
Revision of Broadcast EEO Rule and Policies
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: This Order and Notice of Proposed Rule Making (NPRM) in MM
Docket No. 96-16 seeks comment regarding various proposals to
streamline the Commission's Equal Employment Opportunity (EEO)
requirements with respect to certain broadcasters whose circumstances
may justify this type of relief, while, at the same time, maintaining
an effective EEO program for the broadcast industry. These proposals
include alternatives for reducing paperwork burdens, new incentives for
the establishment of joint recruitment efforts, and revisions to the
test by which stations are permitted to rely on an alternative labor
force when analyzing their EEO efforts. The Commission also seeks
comment on a proposal to adopt guidelines for imposing sanctions for
EEO violations to increase predictability for broadcasters and to
facilitate the processing of renewal applications.
DATES: Initial comments due April 30, 1996; reply comments due May 30,
1996. Written comments by the public on the proposed and/or modified
information collections are due April 30, 1996. Written comments must
be submitted by the Office of Management and Budget (OMB) on the
proposed and/or modified information collections on or before May 13,
1996.
ADDRESSES: Office of the Secretary, Federal Communications Commission,
Washington, D.C. 20554. In addition to filing comments with the
Secretary, a copy of any comments on the information collections
contained herein should be submitted to Dorothy Conway, Federal
Communications Commission, Room 234, 1919 M Street, N.W., Washington,
DC 20554, or via the Internet to dconway@fcc.gov, and to Timothy Fain,
OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC
20503 or via the Internet to fain__t@al.eop.gov.
FOR FURTHER INFORMATION CONTACT: Hope G. Cooper, Mass Media Bureau,
Enforcement Division. (202) 416-1450. For additional information
concerning the information collections contained in this NPRM, contact
Dorothy Conway at 202-418-0217, or via the Internet at dconway@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Order
and Notice of Proposed Rule Making in MM Docket No. 96-16, adopted
February 8, 1996, and released February 16, 1996.
The complete text of this NPRM, which was adopted in MM Docket No.
96-16, is available for inspection and copying during normal business
hours in the FCC Reference Center (Room 239), 1919 M Street, NW.,
Washington, DC, and also may be purchased from the Commission's copy
contractor, International Transcription Services, Inc., at (202) 857-
3800, 2100 M Street, NW, Suite 140, Washington, DC 20037.
Synopsis of Order and Notice of Proposed Rule Making
1. In the NPRM, the Commission seeks comment regarding various
proposals to streamline the Commission's Equal Employment Opportunity
(EEO) requirements with respect to certain broadcasters whose
circumstances may justify this type of relief, while, at the same time,
maintaining an effective EEO program for the broadcast industry. These
proposals included alternatives for reducing paperwork burdens, new
incentives for the establishment of joint recruitment efforts, and
revisions to the test by which stations are permitted to rely on an
alternative labor force when analyzing their EEO efforts. The
Commission also seeks comment on the proposal to adopt guidelines for
imposing sanctions for EEO violations to increase predictability for
broadcasters and to facilitate the processing of renewal applications.
2. The Commission's broadcast EEO Rule requires broadcast licensees
to establish and maintain an EEO program designed to provide equal
employment opportunities for minorities and women in all aspects of
their employment policies and practices. The objective of the EEO
program is twofold: to promote programming that reflects interests of
minorities and women in the local community in addition to those of the
community at large and to deter discriminatory employment practices. A
basic rationale underlying the broadcast EEO Rule has been that a
broadcaster can more effectively fulfill its duty to serve the needs of
the entire community if it makes a good faith effort to employ
qualified women and minorities.
3. The Commission uses an efforts-based approach to assessing EEO
compliance. The Commission focuses on a station's equal employment
opportunity program, its consistent efforts to contact sources likely
to refer qualified female and minority applicants and self-analysis of
its outreach program. Broadcast stations with five or more full-time
employees are required to file general information regarding
recruitment and hiring practices as part of their license renewal
application and workforce data as part of their annual employment
reports. In order to comply with the requirement of self-assessing
their outreach efforts, the Commission also requires broadcasters to
keep records of their EEO efforts and the results of those efforts.
4. The Commission seeks comment as to which categories of stations
might qualify for reduced recordkeeping and filing requirements or, in
some cases, be exempted from these duties altogether. Categories being
considered include station staff size, market size, and size of the
local minority labor force. The Commission also seeks comment on
possible options for relief for qualifying stations. Under one
approach, stations would only have to certify that they meet the
qualifying factor or factors and would then be exempt from further
reporting requirements. Under another approach, the Commission would
maintain reporting requirements but allow broadcasters a choice among
possible recruitment options, one of which might be participation in
recruiting events like job fairs. The Commission also asks for comment
on an industry proposal to permit broadcasters not to retain detailed
job-by-job recruitment records if their employment profiles meet
certain benchmarks.
[[Page 9965]]
5. The Commission also proposes to give broadcasters credit for
using the recruiting resources of a central source, such as a state
broadcast association, under certain circumstances. In addition, the
Commission asks for comment on whether it can improve the current test
under which stations may evaluate their EEO efforts with reference to a
labor force other than the labor force of the Metropolitan Statistical
Area in which the station is located.
6. Finally, the Commission also seeks comment on proposed
guidelines for imposing forfeitures for EEO violations. In the NPRM,
the Commission vacated the EEO Policy Statement, which contained
similar guidelines, because an analogous Commission decision was
vacated by the Court of Appeals. The proposed guidelines set forth in
the NPRM are expected to provide greater certainty regarding sanctions
which may result from EEO violations in specific circumstances. It is
also anticipated that the proposed guidelines will facilitate the
resolution of EEO cases by the Commission.
Initial Paperwork Reduction Act of 1995 Analysis
The Federal Communications Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and
other Federal agencies to take this opportunity to comment on the
following proposed and/or continuing information collections, as
required by the Paperwork Reduction Act of 1995, (PRA), Public Law 104-
13. The NPRM has been submitted to the Office of Management and Budget
(OMB) for review under Section 3507(d) of the PRA. Comments are
requested concerning (a) whether the proposed collection of information
is necessary for the proper performance of the functions of the
Commission, including whether the information shall have practical
utility; (b) the accuracy of the Commission's burden estimates; (c)
ways to enhance the quality, utility, and clarity of the information
collected and (d) ways to minimize the burden of the collection of
information on the respondents, including the use of automated
collection techniques or other forms of information technology.
This NPRM, MM Docket No. 96-16, ``Order and NPRM on Streamlining
Broadcast EEO Rules and Policies, Vacating the EEO Forfeiture Policy
Statement and Amending Section 1.80 of the Commission's Rules to
Include EEO Forfeiture Guidelines'' which does not have an OMB control
number, proposes revisions that will affect four existing collections.
The revisions are proposed to affect the following:
Title: Section 73.2080.
Form Numbers: FCC 395-B, FCC 396, FCC 396-A.
Type of Review: Revision to Existing Collections.
Respondents: Broadcast Permittees/Licensees.
OMB Control Number: 3060-0212.
Title: Section 73.2080 Equal Employment Opportunity Program.
Number of Respondents for Section 73.2080: 13,072.
Estimated time per response: 52 hours per year.
Annual Burden: 679,744.
OMB Control Number: 3060-0390.
Title: Broadcast Station Annual Employment Report.
Number of Respondents for FCC 395-B: 13,550.
Estimated time per response: 0.88 hours per report.
Annual Burden: 11,924.
OMB Control Number: 3060-0120.
Title: Broadcast Equal Employment Opportunity Model Program Report.
Number of Respondents for FCC 396-A: 2068.
Estimated time per response: 1 hour.
Annual Burden: 2,068.
OMB Control Number: 3060-0113.
Title: Broadcast Equal Employment Opportunity Program Report.
Number of Respondents for FCC 396: 235.
Estimated time per response: 3 hours.
Annual Burden: 705.
Total annual burden: 694,441.
Needs and Uses: This rulemaking proceeding seeks comment on
specific proposals to streamline our broadcast equal employment
opportunity (EEO) requirements without diminishing the effectiveness of
the EEO program. If adopted, some of these proposals would reduce the
filing and recordkeeping requirements of qualifying broadcast stations;
and would likely amend Section 73.2080 (3060-0212) and would revise the
following FCC Forms: FCC 395-B (3060-0390), FCC 396-A (3060-0120), and
the FCC 396 (3060-0113). Any changes to these forms or our rules as a
result of this proceeding involving television stations would require
statutory amendment. These requirements collectively make up the
Commission's EEO program. The records kept in accordance with Section
73.2080 are used by broadcast licensees in the preparation of the
station's EEO Program (FCC Form 396) submitted with the license renewal
application. The data collected on the FCC 395-B is used by FCC staff
to monitor a broadcast station's efforts to afford equal employment
opportunity and to assess industry trends. The data collected on the
FCC 396-A is reviewed by FCC analysts to determine if stations will
provide equal employment opportunity to all qualified persons without
regard to race, color, religion, sex or national origin. If these
programs were not maintained there could be no assurance that efforts
are being made to afford equal opportunity in employment.
Initial Regulatory Flexibility Analysis
As required by Section 603 of the Regulatory Flexibility Act, the
Commission has prepared an Initial Regulatory Flexibility Analysis
(IRFA) of the expected impact on small entities of the proposals
suggested in the NPRM. Written public comments are requested on the
IRFA. These comments must be filed in accordance with the same filing
deadlines as comments on the rest of the NPRM, but they must have a
separate and distinct heading designating them as responses to the
Initial Regulatory Flexibility Analysis. The Secretary shall send a
copy of the NPRM, including the Initial Regulatory Flexibility Analysis
to the Chief Counsel for Advocacy of the Small Business Administration
in accordance with paragraph 603(a) of the Regulatory Flexibility Act,
Public Law No. 96-354, 94 Stat. 1164, 5 U.S.C. Section 601, et. seq.
(1980).
I. Reason for Action: This proposed rule making is designed to
solicit comments regarding the Commission's efforts to amend our EEO
Rule to ensure its effectiveness while affording relief to licensees
and permittees of small stations and other distinctly situated
broadcasters, and, generally, streamlining the operation of the EEO
Rule for all broadcasters. This proposed rule making is also designed
to solicit comments regarding the Commission's proposed adoption of
forfeiture guidelines fashioned after those articulated in the EEO
Policy Statement, 9 FCC Rcd 929 (1994), 59 Fed. Reg. 12606 (March 17,
1994). That decision was patterned after Policy Statement, Standards
for Assessing Forfeitures, 8 FCC Rcd 6215 (1993), 58 Fed. Reg. 44767
(August 25, 1993), which was vacated by the United States Court of
Appeals for the District of Columbia Circuit in United States Telephone
Ass'n v. FCC, 28 F.3d 1232 (D.C. Cir. 1994).
II. Objectives: The Commission is seeking information regarding the
impact of its EEO Rule on broadcasters of small stations and other
distinctly situated broadcasters, the paperwork burden of all
broadcasters in their attempt to comply with our rules and policies
regarding equal employment
[[Page 9966]]
opportunity, and the guidelines to be used in implementing its
authority to issue increased monetary forfeiture penalties for EEO
violations.
III. Legal Basis: The proposed action is authorized under the
authority contained in Sections 4(i), 303(r), and 503(b) of the
Communications Act of 1934, 47 U.S.C. Secs. 154(i), 303(r), 503(b).
IV. Reporting, Recordkeeping and Other Compliance Requirements:
None.
V. Federal Rules Which Overlap, Duplicate or Conflict With These
Rules: None.
VI. Description, Potential Impact, and Number of Small Entities
Involved: Adoption of these forfeiture guidelines, as well as other
proposals set forth in this NPRM, could affect all licensees, including
those that qualify as small business entities.
VII. Any Significant Alternatives Minimizing the Impact on Small
Entities Consistent with the Stated Objectives: In this item, we
solicit comment on proposals to amend the EEO Rule to maintain the
Rule's viability while reducing the paperwork required of broadcasters
of small stations and other distinctly situated broadcasters. The item
also solicits comments on better ways to accomplish the goals of
developing guidelines for determining forfeiture amounts and providing
notice to the public about the range of forfeiture amounts that may be
assessed for EEO violations. We are unable to assess at this time what,
if any, economic impact the proposed rule change would have on small
business entities. A full assessment of the potential economic impact,
as required by Section 605(b) of the Regulatory Flexibility Act of 1980
[Pub. L. 96-354, 5 U.S.C. Sec. 605(b)] will be made, if applicable, at
the final rulemaking stage.
List of Subjects
47 CFR Part 1
Reporting and recordkeeping requirements.
47 CFR Part 73
Radio broadcasting, Television broadcasting.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-5825 Filed 3-11-96; 8:45 am]
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