[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Rules and Regulations]
[Pages 16906-16907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9021]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 73 and 76
[FCC 98-39]
1998 Biennial Regulatory Review--Filing Dates for the
Commission's Equal Employment Opportunity Annual Employment Reports
AGENCY: Federal Communications Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On March 16, 1998, the Commission released a Memorandum
Opinion and Order (MO&O) amending the rules concerning the filing dates
for the Commission's Equal Employment Opportunity Annual Employment
Reports. The MO&O is intended to change the dates that annual
employment reports are due to be filed with the Commission, to enable
licensees and permittees that also file similar data with the Equal
Employment Opportunity Commission to use the same pay period record
information.
EFFECTIVE DATES: This rule is effective March 16, 1998.
[[Page 16907]]
FOR FURTHER INFORMATION CONTACT: Kathy Harvey, Attorney-Advisor,
Enforcement Division, Equal Employment Opportunity Branch, Mass Media
Bureau, (202) 418-1450.
SUPPLEMENTARY INFORMATION: This summarizes the Commission's Memorandum
Opinion and Order, FCC 98-39, adopted March 13, 1998, and released
March 16, 1998. The complete text of this Memorandum Opinion and Order
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, 1231
20th Street, NW, Washington, DC 20036.
Synopsis of Memorandum Opinion and Order
1. In the Memorandum Opinion and Order, the Commission amends its
rules to allow licensees and regulatees to file annual employment
reports (FCC Forms 395-A, 395-B, and 395-M) by September 30 of each
year. Under the current rules, licensees and regulatees are required to
file these reports by May of each year, using data gathered during any
payroll period in the months of January, February or March of each
year. In addition, the Equal Employment Opportunity Commission requires
companies with at least 100 employees to collect and report similar
information in September of each year on its EEO-1 form, using similar
data gathered during any payroll period in July, August, or September
of each year. At the Commission's Biennial Review Public Forum on
January 13, 1998, representatives of the National Association of
Broadcasters, as well as representatives of the cable industry,
expressed concern that the current rules require some licensees to file
almost identical information, which must be gathered during different
time periods, with two separate federal agencies at different times of
the year. The Commission finds that this process should be changed, and
amends sections 73.3612 and 76.77 of the Commission's rules, 47 CFR
73.3612 and 76.77, to provide that FCC Forms 395-A, 395-B, and 395-M
are due on or before September 30 of each year. The change also allows
licensees and cable entities to use any payroll period in July, August,
or September of the year during which the report is filed. Further, the
Commission applies the new filing dates to the Form 395-M, which is
filed by multichannel video programming distributors. The 1998 annual
employment reports are now due to be filed on or before September 30,
based on a pay period in July, August, or September 1998. Thereafter,
reports are due September 30 of each year. No reports will be due in
May 1998. The revised filing dates apply to all filers, not just those
filers with one hundred or more employees.
2. It is ordered that, pursuant to sections 4(i), 4(j), 5(c), 11,
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C.
154(i), 154(j), 155(c), 161, and 303(r), the Memorandum Opinion and
Order is adopted.
List of Subjects
47 CFR Part 73
Radio broadcasting, Television broadcasting.
47 CFR Part 76
Cable television.
Federal Communications Commission.
Magalie Roman Salas,
Secretary.
Rule Changes
For the reasons discussed, in the preamble, the Federal
Communications Commission amends 47 CFR parts 73 and 76 as follows:
PART 73--RADIO BROADCAST SERVICES
1. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 303, 334, and 336.
2. Section 73.3612 is revised to read as follows:
Sec. 73.3612 Annual employment report.
Each licensee or permittee of a commercially or noncommercially
operated AM, FM, TV or International broadcast station with five or
more full-time employees shall file an annual employment report with
the FCC on or before September 30 of each year on FCC Form 395.
PART 76--CABLE TELEVISION SERVICE
3. The authority citation for part 76 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a,
307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533,
534, 535, 536, 537, 543, 544, 544a, 545, 548, 552, 554, 556, 558,
560, 561, 571, 572, and 573.
4. Section 76.77 is amended by revising paragraph (a) to read as
follows:
Sec. 76.77 Reporting Requirements.
(a) Annual employment report. Each employment unit with six or more
full-time employees shall file an annual employment report (FCC Form
395-A) with the Commission on or before September 30 of each year.
Employment data on the annual employment report shall reflect the
figures from any one payroll period in July, August, or September of
the year during which the report is filed. Unless instructed otherwise
by the FCC, the same payroll period shall be used for each successive
annual employment report.
* * * * *
[FR Doc. 98-9021 Filed 4-6-98; 8:45 am]
BILLING CODE 6712-01-P
