[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Proposed Rules]
[Pages 16388-16389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8421]



[[Page 16388]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 0, 73, and 76

[MM Docket Nos. 98-204 and 96-16, DA 99-529]


Revision of Broadcast and Cable EEO Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; extension of reply comment period.

-----------------------------------------------------------------------

SUMMARY: In Review of the Commission's Broadcast and Cable Equal 
Employment Opportunity Rules and Policies, the Commission partially 
grants a motion for extension of time and grants a request that 
comments be considered nunc pro tunc. The Minority Media and 
Telecommunications Council and 29 other organizations (MMTC et al.) 
request that comments that they filed March 5, 1999, and March 19, 
1999, be considered nunc pro tunc. The NAB and broadcast associations 
representing the 50 states, Puerto Rico and the District of Columbia 
(NAB et al.) request an extension of time to file reply comments. The 
Commission believes that grant of MMTC et al.'s request is in the 
public interest and that partial grant of NAB et al.'s request will 
give commenters ample time to prepare and submit reply comments in this 
proceeding.

DATES: Reply comments due April 15, 1999.

ADDRESSES: Federal Communications Commission, Office of the Secretary, 
445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Hope G. Cooper, Mass Media Bureau, 
Enforcement Division. (202) 418-1450.

SUPPLEMENTARY INFORMATION:

    1. On November 20, 1998, the Commission released a Notice of 
Proposed Rule Making, MM Docket No. 98-204, 13 FCC Rcd 23004, 63 FR 
66104, December 1, 1998, (NPRM), requesting comment on various 
proposals concerning the Commission's broadcast and cable EEO rules and 
policies. Comment and Reply Comment deadlines were established for 
January 19, 1999, and February 18, 1999, respectively.

    2. On December 17, 1998, the National Association of Broadcasters 
(NAB) filed a ``Motion for Extension of Time of Comment and Reply 
Comment Deadlines'' (Motion). See National Association of Broadcasters' 
Motion for Extension of Time of Comment and Reply Comment Deadlines, MM 
Docket Nos. 98-204 and 96-16 at page 1. Therein, the NAB requested that 
we extend the due dates for the submission of comments and reply 
comments in response to the NPRM to February 18, 1999, and March 23, 
1999, respectively. On January 4, 1999, the Minority Media and 
Telecommunications Council (MMTC) sent a letter to the Commission 
expressing support for the NAB's Motion.

    3. Because we believed that the public interest would be served by 
an extension of the comment period in this proceeding, we granted the 
NAB's Motion and extended the date for filing comments to February 18, 
1999, and extended the date for filing reply comments to March 23, 
1999, in an Order released January 5, 1999, DA 99-105, 64 FR 2461, 
January 14, 1999.

    4. On February 10, 1999, the MMTC filed a ``Motion for Extension of 
Time.'' See Minority Media and Telecommunications Council's Motion for 
Extension of Time, MM Docket Nos. 98-204 and 96-16. Therein, the MMTC 
requested that we extend the due date for the submission of comments in 
response to the NPRM for three weeks, until March 11, 1999.

    5. Because we believed that the public interest would be served by 
an extension of the comment period in this proceeding, we granted the 
MMTC's Motion in part and extended the date for filing comments to 
March 1, 1999, and, on our own motion, extended the date for filing 
reply comments to March 31, 1999, in an Order released February 12, 
1999, DA 99-326, 64 FR 8779, February 23, 1999.

    6. On March 1, 1999, MMTC and over 20 national civil rights 
organizations (MMTC et al.) filed a letter (MMTC letter) with the 
Commission in which they stated that they were unable to file their 
comments by the comment deadline due to ``[t]he magnitude of the task 
and the illnesses of many of the fifteen people involved in this 
project'' and in which they stated that they would move for 
consideration of their comments nunc pro tunc. See Letter from David 
Honig, Counsel for EEO Supporters (MMTC et al.), to Hon. Magalie Roman 
Salas, Secretary, Federal Communications Commission, MM Docket Nos. 98-
204 and 96-16. In the letter, the MMTC et al. also stated that they 
planned to file four volumes of comments, with Volume I being 183 pages 
in length. On March 5, 1999, MMTC et al. filed Volume I of their 
comments, with a cover letter requesting consideration of these 
comments nunc pro tunc. See Comments filed by MMTC and 29 other 
organizations, MM Docket Nos. 98-204 and 96-16. MMTC et al. also stated 
that they would shortly file Volumes II (the Operation of an FCC 
Regulatory Program), Volume III (Statements of Witnesses), and Volume 
IV (Discussion of Witnesses' Statements) of their comments.

    7. On March 10, 1999, the NAB and broadcast associations 
representing all 50 states, the District of Columbia and Puerto Rico 
(NAB et al.) filed a ``Motion For Extension of Time of Reply Comment 
Deadline''. Therein, NAB et al. requested that the Commission extend 
the due date for submission of reply comments. In support of their 
request, the NAB et al. stated that an important part of the comments 
for the record are not yet available. They cited to the MMTC letter and 
noted that, while MMTC et al. filed Volume I of their comments on March 
5, 1999, they have yet to file the remaining volumes, whose length is 
unknown. The NAB et al. argued that, given the circumstances described 
above, if the Commission decides to consider MMTC et al.'s comments, it 
would be impossible for commenters to reply to all of the materials 
submitted in this proceeding by March 31, 1999. The NAB et al. further 
contended that, because the MMTC et al. has indicated that their future 
comments will include factual studies, sufficient time must be allowed 
for those studies to be evaluated and any additional research suggested 
by those studies to be conducted. Therefore, the NAB et al. contended 
that the Commission should extend the due date for filing comments to 
60 days after the date that the MMTC's final volume, Volume IV, is 
filed with the Commission.

    8. On March 19, 1999, MMTC et al. filed the remainder of their 
comments, Volumes II, III, and IV, with a cover letter requesting 
consideration of these comments nunc pro tunc. We believe that it is in 
the public interest to grant MMTC et al.'s request to consider their 
comments, even though their comments were filed after the due date for 
comments in this proceeding. MMTC et al. include a large number of 
organizations whose voices we feel should be heard in this proceeding 
and they provided sufficient explanation for the lateness of the 
filing. Therefore, we hereby grant MMTC's request to have their 
comments be considered nunc pro tunc in this proceeding.

    9. We have considered the extension request filed by the NAB et al. 
and hereby extend the date for filing reply comments to April 15, 1999. 
This extension affords interested parties sufficient time from the date 
of MMTC

[[Page 16389]]

et al.'s last comment submission and a total of 45 days from the March 
1 filing of all but one of the other comments. We believe that this is 
ample time to prepare and submit reply comments in this proceeding.

    10. Accordingly, it is ordered that the MMTC et al.'s request for 
consideration of their comments nunc pro tunc is granted.

    11. It is further ordered that the Motion for Extension of Time 
filed by the NAB et al. is granted in part and denied in part.

    12. It is therefore ordered that the date for filing reply comments 
in this proceeding is extended to April 15, 1999.

    13. This action is taken pursuant to authority found in sections 
4(i) and 303(r) of the Communications Act of 1934, as amended, 47 USC 
154(i) and 303(r), and 0.204(b), 0.283 and 1.46 of the Commission's 
rules, 47 CFR 0.204(b), 0.283 and 1.46.

List of Subjects

47 CFR Part 0

    Organization and functions (Government agencies).

47 CFR Part 73

    Radio, Equal employment opportunity, Reporting and recordkeeping 
requirements, Television.

47 CFR Part 76

    Cable television, Equal employment opportunity, Reporting and 
recordkeeping requirements.

    Federal Communications Commission.

Roy J. Stewart,

Chief, Mass Media Bureau.
[FR Doc. 99-8421 Filed 4-2-99; 8:45 am]
BILLING CODE 6712-01-P