[Federal Register Volume 68, Number 41 (Monday, March 3, 2003)]
[Notices]
[Pages 10015-10016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4828]


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

FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection(s) Requirement Submitted to OMB for 
Emergency Review and Approval

February 21, 2003.
SUMMARY: The Federal Communications Commission, as part of its 
continuing effort to reduce paperwork burden invites the general public 
and other Federal agencies to take this opportunity to comment on the 
following information collection(s), as required by the Paperwork 
Reduction Act of 1995, Public Law 104-13. An agency may not conduct or 
sponsor a collection of information unless it displays a currently 
valid control number. No person shall be subject to any penalty for 
failing to comply with a collection of information subject to the 
Paperwork Reduction Act (PRA) that does not display a valid control 
number. 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 estimate; (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.

DATES: Written comments should be submitted on or before April 2, 2003. 
If you anticipate that you will be submitting comments, but find it 
difficult to do so within the period of time allowed by this notice, 
you should advise the contacts listed below as soon as possible.

ADDRESSES: Direct all comments to Kim A. Johnson, Office of Management 
and Budget, Room 10236 NEOB, Washington, DC 20503, (202) 395-7232 or 
via Internet at [email protected], and Les Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554 or via Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections contact Les Smith at (202) 418-0217 or 
via Internet at [email protected].

SUPPLEMENTARY INFORMATION: The Commission has requested emergency OMB 
review of this collection with an approval by February 20, 2003.
    OMB Control Number: 3060-0113.
    Type of Review: Revision of a currently approved collection.
    Title: Broadcast EEO Program Report, FCC Form 396.
    Form Number: FCC 396.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,000.
    Estimated Time per Response: 1.5 hours.
    Frequency of Response: Recordkeeping; Renewal reporting 
requirement.
    Total Annual Burden: 3,000 hours.
    Total Annual Cost: $100,000.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. The new 
rules reinstate the requirement that broadcast licensees file the FCC 
Form 396 at the time they file for renewal of license. The new EEO 
rules also ensure equal employment opportunity in broadcast and multi-
channel video program distributor industries through outreach to the 
community in recruitment and prevention of employment discrimination. 
Among other things, the Second R&O affords broadcasters with five or 
more full-time employees maximum flexibility in designing EEO programs 
while ensuring broad dissemination of full-time employment 
opportunities. These broadcasters must file annually an EEO public file 
report detailing their outreach efforts. In addition, licensees must 
include a narrative statement demonstrating how the station achieved an 
inclusive outreach in the prior two years and report the status of any 
employment discrimination complaints.

    OMB Control Number: 3060-0120.
    Type of Review: Revision of a currently approved collection.
    Title: Broadcast Equal Employment Opportunity Model Program Report, 
FCC Form 396-A.
    Form Number: FCC 396-A.
    Respondents: Business or other for-profit entity; Not-for-profit 
institutions.
    Number of Respondents: 5,000.
    Estimated Time per Response: 1 hour.
    Frequency of Response: On occasion reporting requirement.
    Total Annual Burden: 5,000 hours.
    Total Annual Cost: None.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. The new 
rules reinstate the requirement that broadcast licensees file the FCC 
Form 396-A at the time they file applications for construction permits, 
or assignments or transfers of license. The new EEO rules also ensure 
equal employment opportunity in broadcast and multi-channel video 
program distributor industries through outreach to the community in 
recruitment and prevention of employment discrimination. While FCC Form 
396-A remains almost entirely the same as the form used under the rules 
adopted in 2000, the Second R&O also builds in flexibility for 
licensees to implement a program in compliance with the new

[[Page 10016]]

rules, i.e., it allows for a range of community outreach programs to 
those interested in broadcast careers, and broadcasters with five or 
more full-time employees may list recruitment sources they plan to use.

    OMB Control Number: 3060-0212.
    Type of Review: Revision of a currently approved collection.
    Title: Section 73.2080, Equal Employment Opportunities (EEO Rule).
    Form Number: N/A.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 10,825.
    Estimated Time per Response: 42 hours.
    Frequency of Response: Recordkeeping; Annual reporting requirement.
    Total Annual Burden: 454,650 hours.
    Total Annual Cost: None.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. The new 
EEO rules ensure equal employment opportunity in broadcast and multi-
channel video program distributor industries through outreach to the 
community in recruitment and prevention of employment discrimination. 
Specifically, the Second R&O adopts EEO recordkeeping and reporting 
requirements; specifies which EEO materials must be kept in the public 
inspection file; and requires all broadcasters to adhere to the EEO 
rules' general anti-discrimination provisions. Only station employment 
units with five or more full-time employees are subject to the EEO 
program provisions. Among other requirements, broadcasters must widely 
distribute job vacancy information and provide full-time job vacancy 
information to requesting organizations. Broadcasters must also retain 
records to demonstrate that they have recruited for all full-time 
permanent positions, i.e., full-time vacancy filled, listings of 
recruitment sources, dated copies of advertisements, etc., and place 
such types of records annually in their local public inspection file.

    OMB Control Number: 3060-0349.
    Type of Review: Revision of a currently approved collection.
    Title: Equal Employment Opportunity Requirements.
    Form Number: N/A.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,125.
    Estimated Time per Response: 42 hours.
    Frequency of Response: Recordkeeping; Annual and five year 
reporting requirements.
    Total Annual Burden: 89,250 hours.
    Total Annual Cost: None.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. Among 
other things, the Second R&O adopts several EEO recordkeeping and 
reporting requirements. It specifies which EEO materials must be kept 
in the public inspection file. All multi-channel video program 
distributor (MVPD) employment units with six or more full-time 
employees are subject to EEO program provisions and must disseminate 
employment information widely. MVPDs must also retain records to 
demonstrate they have recruited for all full-time permanent positions 
and must place a listing of all full-time vacancies filled and 
recruitment sources used for each vacancy for the preceding year in 
their EEO records file.

    OMB Control Number: 3060-0922.
    Type of Review: Revision of a currently approved collection.
    Title: Broadcast Mid-Term Report, FCC Form 397.
    Form Number: FCC 397.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 4,300.
    Estimated Time per Response: 0.5 hours.
    Frequency of Response: Recordkeeping; Mid-point reporting 
requirement.
    Total Annual Burden: 269 hours (one-eighth of respondents file 
annually).
    Total Annual Cost: None.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. The new 
rules adopt a new version of FCC Form 397. The new EEO rules also 
ensure equal employment opportunity in the broadcast and multi-channel 
video program distribution industries through outreach to the community 
in recruitment and prevention of employment discrimination. The new 
version of FCC Form 397 is filed only once at the mid-point of the 
eight-year license term of television licensees, with five or more 
full-time employees, and radio licensees, with ten or more full-time 
employees. Licensees must certify that they have complied with the 
FCC's EEO rules during the period prior to the date of the Mid-Term 
Report and must include copies of EEO reports that are required to be 
placed in the licensees' local public file for the prior two years.

    OMB Control Number: 3060-XXXX.
    Type of Review: New collection.
    Title: Multi-Channel Video Program Distributor EEO Program Annual 
Report, FCC Form 396-C.
    Form Number: FCC 396-C.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 2,200.
    Estimated Time per Response: 10 mins. to 2.5 hrs.
    Frequency of Response: Recordkeeping; Annual and five-year 
reporting requirements.
    Total Annual Burden: 3,188 hours.
    Total Annual Cost: None.
    Needs and Uses: On November 7, 2002, the FCC adopted a Second 
Report and Order and Third NPRM (Second R&O), MM Docket No. 98-204, FCC 
02-303, which established new EEO rules and forms to comply with the 
court's decision in MD/DC/DE Broadcasters Association v. FCC. The new 
EEO rules ensure equal employment opportunity in the broadcast and 
multi-channel video program distribution (MVPD) industries through 
outreach to the community in recruitment and prevention of employment 
discrimination. In addition, the Second R&O combined previous FCC Forms 
395-A and 395-M, which requested substantially the same information. 
The FCC adopted new Form 396-C, which is substantially the same as 
those portions of FCC 395-A and 395-M that sought data about the MVPD's 
compliance with EEO program requirements, but it omits those portions 
of the prior forms that sought workforce data. All MVPDs must file an 
EEO report annually in the public file detailing their outreach efforts 
and the results for the prior year, as part of the in-depth MVPD 
investigation conducted once every five years.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-4828 Filed 2-28-03; 8:45 am]
BILLING CODE 6712-01-P