[Federal Register Volume 59, Number 86 (Thursday, May 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10792]


[[Page Unknown]]

[Federal Register: May 5, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73 and 76

[MM Docket No. 94-34, FCC 94-103]

 

Notice of Inquiry Regarding Broadcast and Cable Television EEO 
Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; notice of inquiry.

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SUMMARY: This Notice of Inquiry in MM Docket No. 94-34 seeks comment on 
the Commission's current equal employment opportunity (EEO) rules and 
policies, and proposals for changes in promoting equality of employment 
opportunity and promotion opportunity in the cable, broadcast, and 
other telecommunications industries. This proceeding is initiated in 
order to assist the Commission in complying with section 22(g) of the 
Cable Television Consumer Protection and Competition Act of 1992, which 
requires the Commission to file a report to Congress on the 
effectiveness of its EEO policies.

DATES: Initial comments due May 23, 1994; reply comments due June 7, 
1994.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Hope G. Cooper, Mass Media Bureau, 
Enforcement Division. (202) 632-7069.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Notice of Inquiry 
in MM Docket No. 94-34, FCC 94-103, adopted April 20, 1994, and 
released April 21, 1994. The complete text of this Notice of Inquiry is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (room 239), 19919 M Street, NW., Washington, 
DC, and may also be purchased from the Commission's copy contractor, 
International Transcription Service, at (202) 857-3800, 2100 M Street, 
NW., suite 140, Washington, DC 20037.

Synopsis of Notice of Inquiry

    1. To assist the Commission in implementing section 22(g) of the 
Cable Television Consumer Protection and Competition Act of 1992, which 
requires the Commission to file a report to Congress on the 
effectiveness of its EEO policies, the Commission adopted a notice of 
inquiry. This notice of inquiry outlines the Commission's broadcast and 
cable EEO rules, policies and procedures; suggests proposals for 
changes to these rules; and invites comments on ways that the 
Commission can more efficiently enforce these rules. To focus the 
comments the Commission has set forth a number of areas where changes 
might be considered.
    2. The Commission asks how its EEO policies can reflect the 
concerns of broadcasters who indicate difficulties in meeting EEO 
requirements due to their location in small markets. The Commission 
seeks information concerning how ``small market broadcasters'' should 
be defined and what process should be implemented to identify such 
broadcasters.
    3. The Commission asks if there is a way to decrease any 
administrative burdens placed on broadcasters by the Commission without 
decreasing the effectiveness of the Commission's broadcast EEO 
enforcement. The Commission's primary focus is on full-time hires and 
employment. The Commission seeks comment as to whether the requirement 
for efforts documentation of part-time hires should be eliminated for 
all broadcasters. The Commission seeks comment as to whether its 
inquiry letters should be revised to request information for the entire 
license term or for some other period to time instead of the three 
years of information that is presently asked for. It also seeks comment 
as to whether to supplement its renewal inquiry procedures by 
conducting on-site audits. The Commission seeks comment on possible 
revisions to the Broadcast Renewal Application which presently asks for 
examples of recruitment sources contacted, the number of female and 
minority referrals received from recruitment sources and the number of 
overall as well as upper-level hires occurring during the 12-month 
period prior to filing the application. These revisions include 
requesting information for only full-time hires, requesting that the 
information required by the form be divided by full and part-time hires 
and requesting more detailed recruitment and hiring information. The 
Commission also requests comment on revising the Broadcast Station 
Annual Employment Report to request information be collected for the 
same 15 job categories as is now required for cable operators and 
multichannel video programming distributors (MVPDs).
    4. The Commission requests comment as to whether broadcasters 
should be required to encourage minority and female entrepreneurs to 
conduct business with all parts of their operation given that the 
Commission already requires cable operators and MVPDs to do so. Given 
that the Commission now gives credit to broadcasters and cable 
operators for using minority/female sources and/or obtaining minority/
female referrals with other licensees and cable operators, 
respectively, the Commission seeks comment as to what it can do to 
encourage joint recruitment efforts by licensees and joint recruitment 
efforts by licensees and joint recruitment efforts by cable operators.
    5. The Commission asks if its broadcast and cable EEO enforcement 
is adequate regarding the promotion and retention of minority and 
female employees and, if not, to what extent should changes be made.
    6. The Commission asks if there is a way to decrease any 
administrative burdens placed on a cable operators by the Commission 
without decreasing the effectiveness of the Commission's cable EEO 
enforcement. It asks for comment on the job title information and 
information regarding 15 job categories required in the Cable 
Television Annual Employment Reports. It also seeks comment on whether 
it should require cable operators to maintain certain types of records 
about their recruitment efforts for a specified period of time. It 
seeks comment on its present method for selection cable audit 
locations. This method is to select a region of the country based on 
such factors as the concentration of minorities in the available labor 
force and the number of employment units in the area and then review 
Cable Television Annual Employment Reports of units in that area that 
fall below the processing guidelines and/or have employment 
discrepancies. The Commission also seeks comment on whether the 
remedies and sanctions available to redress violations of the cable EEO 
rules, which include admonishment, reporting conditions, forfeitures 
and suspension of the cable antenna real service license, are adequate. 
If not, the Commission asks what other remedies and sanctions Congress 
might provide in order to enforce the cable EEO rules, particularly 
with respect to furthering the congressional goal of increased 
opportunities for minorities and women in managerial positions.
    7. The Commission seeks comment as to how it can better enable 
cable operators and MVPDs to meet their EEO goals and as to how it can 
better inform cable operators, MVPDs and the public about their EEO 
obligations.
    8. The Commission seeks comment on all of the foregoing as well as 
the appropriate application and enforcement of its EEO policies in 
connection with new and Emerging communication technologies.

Administrative Matters

    Ex Parte: This is a non-restricted proceeding subject to 47 CFR 
Sec. 1.1206(b)(2).
    Comments. Interested parties may file comments on or before May 23, 
1994, and reply comments on or before June 7, 1994.

List of Subjects

47 CFR Part 1

    Non-restricted proceedings, Radio.

47 CFR Part 73

    Television and radio broadcasting, Equal employment opportunity, 
Reporting and recordkeeping requirements.

47 CFR Part 76

    Equal employment opportunity, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-10792 Filed 5-4-94; 8:45 am]
BILLING CODE 6712-01-M