[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 [email protected], and to Timothy Fain, 
OMB Desk Officer, 10236 NEOB, 725 - 17th Street, N.W., Washington, DC 
20503 or via the Internet to [email protected].

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 [email protected].

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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