[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]


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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.

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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.
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[FR Doc. 98-9021 Filed 4-6-98; 8:45 am]
BILLING CODE 6712-01-P