[Federal Register Volume 59, Number 204 (Monday, October 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26331]


[[Page Unknown]]

[Federal Register: October 24, 1994]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 21, 73, and 76

[MM Docket No. 94-34, FCC 94-255]

 

Report to Congress Regarding Broadcast and Cable Television EEO 
Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Report to Congress.

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SUMMARY: This Report outlines the origins and history of the 
Commission's broadcast and cable EEO rules, policies and procedures; 
summarizes comments made in response to a Notice of Inquiry concerning 
these issues; discusses the effectiveness of the FCC's current EEO 
enforcement; and sets forth reasons and means for future changes to it. 
This Report implements 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.

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

SUPPLEMENTARY INFORMATION: This is a synopsis of the Report in MM 
Docket No. 94-34, FCC 94-255, adopted and released October 5, 1994. The 
complete text of this Report is available for inspection and copying 
during normal business hours in the FCC Reference Center (Room 239), 
1919 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 Report

    1. This Report implements 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. This Report outlines the origins and history of the 
Commission's broadcast and cable EEO rules, policies and procedures; 
summarizes comments made in response to a Notice of Inquiry concerning 
these issues; discusses the effectiveness of the FCC's current EEO 
enforcement; and sets forth reasons and means for future changes to it.
    2. First, the Report contains an extensive background discussion of 
the origins and history of the Commission's broadcast and cable EEO 
rules and policies, from 1968, when the Commission's involvement in the 
broadcast EEO area began, to the present. The Report details how the 
Commission's original EEO policies and rules were adopted, discusses 
how these policies and rules expanded and developed, and describes the 
Commission's current efforts-based EEO analysis. The Report also 
discusses the Commission's 1994 Policy Statement, which established 
non-binding guidelines for assessing forfeitures for violations of the 
Commission's broadcast EEO rule.
    3. Second, to assess the effectiveness of the Commission's EEO 
rules and policies, the Report contains a statistical examination of 
female and minority representation in broadcast and cable employment 
between 1986 and 1993. The examination reflects that the employment of 
women and minorities in the broadcast and cable industries increased 
from 1986 to 1993 in overall and total upper-level positions, as well 
as in each of the upper-level job categories. In fact, the data show 
that most of these increases outpaced the 1.1% growth of women 
employees and the 2.1% growth of minority employees overall in the 
national workforce. Thus, while the broadcast industry has been 
downsizing from 1986 to 1993, the percentage of women and minorities in 
all job categories has been increasing.
    4. The Report concludes that the Commission's present policies have 
been and are effective in promoting equal employment opportunity in the 
broadcast and cable industries. However, the Commission's examination 
also suggests a continued need for EEO monitoring, as the 1993 
percentages of women in the broadcast and cable industries and 
minorities in the broadcast industry overall remain below comparable 
figures for the 1993 overall national workforce. Also, individual 
licensees sanctioned for EEO violations establish a need for further 
EEO monitoring.
    5. Third, the Report discusses the comments received in response to 
the Commission's Notice of Inquiry (59 FR 23183, May 5, 1994), 
initiated pursuant to congressional directive, which sought comments on 
the effect and operation of the equal employment opportunity amendments 
made by the 1992 Cable Act and on the general effectiveness of the 
Commission's rules, procedures, policies, standards and guidelines in 
promoting equality of employment opportunity in the cable, broadcast 
and other industries.
    6. While the Report concludes that the Commission's EEO rules and 
policies are effective and must continue, it also concludes that more 
progress can and should be achieved. Further, the Report enumerates 
areas and concerns raised in comments filed in response to the 
Commission's Notice of Inquiry that may warrant further exploration. 
These include, but are not limited to: (1) The relevance with respect 
to the Commission's broadcast EEO policies of market size or staff size 
and part-time employees; (2) how to encourage joint recruitment 
efforts; (3) whether the Commission's broadcast filing requirements are 
unduly burdensome, and, if so, whether they can be streamlined; (4) 
suggested changes to the Commission's mid-term TV review procedures; 
(5) possible further in-depth analysis of the Commission's EEO Policy 
Statement; and (6) possible improvements to the Commission's broadcast 
renewal application forms and annual employment report forms. 
Additional review is also warranted in response to comments about the 
Commission's cable EEO rules, particularly with respect to: the 
relevant labor force statistics to be used in EEO reviews; the 
effectiveness of the cable annual employment report forms; and how the 
Commission might improve notification of cable operators, multichannel 
video program distributors, and the public concerning various EEO 
requirements. The Report directs the Commission staff to determine and 
recommend to it the appropriate procedural vehicle for addressing all 
of the foregoing issues.
    7. Finally, the Report states the Commission's intention to 
institute a more extensive and far-reaching analysis of its EEO program 
to adapt its rules and policies to the telecommunications marketplace 
and workplace of the Twenty-First Century. The Report states that the 
Commission would consider broadening its current EEO policies to 
include a wider range of new and emerging communications technologies 
and industries as well as making other fundamental changes. Such 
expansion of its policies may be warranted to achieve regulatory parity 
in the Commission's EEO enforcement, given the convergence of 
telecommunications technologies. Broadening the Commission's EEO rules 
also may be justifiable based on the national goal of promoting 
participation by women and minorities in the design and deployment of 
advanced telecommunications services and technologies. Further, in 
light of technological convergence, imposing separate and unique EEO 
requirements on different telecommunications services may no longer be 
warranted.
    8. The Report directs the staff to determine the best methods for 
addressing the EEO issues arising from technological convergence and 
the communications revolution. The Commission's EEO policies and goals 
must be reviewed with reference to the entire industry, not just 
individual communications services. To guide the Commission in its 
comprehensive analysis as to how to redesign and redirect the 
Commission's EEO policies thoroughly to reflect the communications 
revolution and bring those policies into the Twenty-First Century, the 
Commission expresses its intent to solicit viewpoints and data from a 
wide range of entities, including public interest groups, consumer 
groups, labor groups, trade associations, think tanks, civil rights 
groups, academics, other government agencies, and the communications 
industry. It is expected that the Commission's newly established Office 
of Communications Business Opportunities will play a primary role in 
this review and analysis. The Commission also will seek additional 
population and workforce data, as well as future projections about the 
future and statistical and economic data, as a foundation on which to 
build the Commission's enhanced EEO regulatory structure. Finally, the 
Commission will explore the extent to which training and internship 
programs might serve to complement EEO policies.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 94-26331 Filed 10-21-94; 8:45 am]
BILLING CODE 6712-01-M