99-23233. Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission, Comments Requested

[Federal Register Volume 64, Number 173 (Wednesday, September 8, 1999)]
[Notices]
[Pages 48836-48837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23233]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Reviewed by the 
Federal Communications Commission, Comments Requested

August 30, 1999.

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SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection, as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. 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;

[[Page 48837]]

(b) the accuracy of the Commission's burden estimate; (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.

DATES: Written comments should be submitted on or before November 8, 
1999. If you anticipate that you will be submitting comments, but find 
it difficult to do so within the period of time allowed by this notice, 
you should advise the contact listed below as soon as possible.

ADDRESSES: Direct all comments to Les Smith, Federal Communications 
Commissions, 445 12th Street, SW, Room 1-A804, Washington, DC 20554 or 
via the Internet to [e-mail].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Les Smith at [phone] or 
via the Internet at [e-mail].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0212.
    Title: Section 73.2080 Equal Employment Opportunity Program.
    Form Number: None.
    Type of Review: Extension of currently approved collection.
    Respondents: Business or other for-profit, non-profit institutions.
    Number of Respondents: 16,251 broadcast licensees.
    Estimated Time per Response: 52 hours per year.
    Frequency of Response: Recordkeeping.
    Annual Burden: 845,052.
    Annual Costs: $0.
    Needs and Uses: Section 73.2080 provides that equal opportunity in 
employment shall be afforded by all broadcast stations to all qualified 
persons and no person shall be discriminated against in employment by 
such stations because of race, color, religion, national origin or sex. 
Section 73.2080 requires that each broadcast station shall establish, 
maintain and carry out a program to assure equal opportunity in every 
aspect of a broadcast station's policy and practice. This section 
incorporates specific EEO program requirements and general guidelines 
for meeting those requirements. These guidelines are not intended to be 
either exclusive or inclusive but simply to provide guidance. This 
program will provide an appropriate and effective means of informing 
broadcasters, individuals employed or seeking employment by broadcast 
stations of its EEO requirements. The Commission has suspended the 
enforcement of Section 73.2080 (b) and (c) due to the decision in 
Lutheran Church--Missouri Synod v. FCC, wherein the Court of Appeals 
held that the EEO program requirements of this section are 
unconstitutional. The enforcement of these requirements is suspended 
until the Commission revises the EEO rules to be consistent with the 
Court of Appeals Lutheran Church decision. The Commission will make 
such adjustments to the rule as necessary to conform to the Lutheran 
Church decision consistent with the record in the rulemaking. Until 
such time as the Commission reaches a decision in the outstanding 
Notice of Proposed Rulemaking (NPRM) concerning the Court of Appeals 
Lutheran Church decision, Section 73.2080 needs to retain a current OMB 
control number. We note that Section 73.2080(a) remains in effect. The 
data is used by a broadcast licensee in the preparation of the 
station's Broadcast Annual Employment Report (FCC Form 395-B) that is 
submitted annually and the station's EEO Program (FCC Form 396) 
submitted with the license renewal application. If this information 
were not maintained there could be no assurance that licensees are 
complying with the EEO rule. The Commission has suspended the filing of 
these forms until such time as the Commission reaches a decision in the 
outstanding NPRM.EEO requirements.
    OMB Control Number: 3060-0390.
    Title: Broadcast Station Annual Employment Report.
    Form Number: FCC 395-B.
    Type of Review: Extension of currently approved collection.
    Respondents: Business or other for-profit.
    Number of Respondents: 14,000.
    Estimated Time per Response: 0.88 hours.
    Frequency of Response: Reporting, annually.
    Annual Burden: 12,320 hours.
    Annual Costs: $0.
    Needs and Uses: The Annual Employment Report (FCC 395-B) was 
required to be filed by all licensees and permittees of AM, FM, TV, 
international and low power TV broadcast stations. It is a data 
collection device used to assess industry employment trends. The report 
identifies each staff member by gender, race, color and/or national 
origin in each of the nine major job categories. The data are used to 
assess industry employment trends.
    On September 30, 1998, the Commission suspended the requirement 
that television and radio broadcast licensees and permittees submit the 
FCC 395-B. This suspension is to remain in effect at least until the 
Commission revises the EEO rules to be consistent with the Court of 
Appeals Lutheran Church decision. If the Commission chooses to 
reinstate the FCC 395-B, the Commission will make such adjustments to 
the form as necessary to conform to the Lutheran Church decision 
consistent with the record in the rulemaking. Until such time as the 
Commission reaches a decision in the outstanding Notice of Proposed 
Rulemaking concerning the Court of Appeals Lutheran Church decision, 
the FCC 395-B needs to retain a current OMB control number.

Federal Communications Commission.
William F. Caton,
Deputy Secretary.
[FR Doc. 99-23233 Filed 9-7-99; 8:45 am]
BILLING CODE 6712-01-P