[Federal Register Volume 68, Number 77 (Tuesday, April 22, 2003)]
[Notices]
[Pages 19823-19824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-9826]


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FEDERAL COMMUNICATIONS COMMISSION

[DA 03-785]


Media Bureau Implements New Equal Employment Opportunity Forms, 
Mandatory Electronic Filing of FCC Form 396-A

AGENCY: Federal Communications Commission.

ACTION: Notice.

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SUMMARY: This document announces the mandatory electronic filing of the 
FCC broadcast Equal Employment Opportunity Form 396-A. The Commission 
suspended the previous version of this form and adopted the current 
version with a new EEO rule. Paper version of the form will not be 
accepted after deadline date unless accompanied by request for waiver.

FOR FURTHER INFORMATION CONTACT: Roy Boyce, Policy Division, Media 
Bureau, (202) 418-1450.

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice (``PN''), DA 03-785, adopted and released March 18, 2003. 
The complete text of this PN is available for inspection and copying 
during normal business hours in the FCC Reference Center, Room CY-A257, 
445 12th Street, SW., Washington, DC and may also be purchased from the 
Commission's copy contractor, Qualex International, Portals II, 445 
12th Street, SW., Room CY-B-402, Washington, DC 20554, telephone (202) 
863-2893, facsimile (202) 863-2898, or via e-mail [email protected].

Synopsis of Public Notice

    1. By this PN the Media Bureau announces mandatory electronic 
filing for FCC Form 396-A, Broadcast Equal Employment Opportunity Model 
Program Report (February, 2003 Edition).
    2. Mandatory electronic filing commenced on March 10, 2003. Paper 
versions of these forms will not be accepted for filing after March 10, 
2003, unless accompanied by an appropriate request for waiver of the 
electronic filing requirement. Users can access the electronic filing 
system via the Internet from the Media Bureau's Web site at: http://www.fcc.gov/mb.
    3. Pursuant to the 1998 Biennial Regulatory Review--Streamlining of 
Mass Media Applications, Rules and Processes (63 FR 70040, December 18, 
1998), Report and Order (``R&O''), mandatory electronic filing was to 
commence six-months after a given form was made available for 
electronic use. The then Mass Media Bureau made FCC Form 396-A 
available for electronic use more than six months ago. The form was 
made available in connection with a broadcast Equal Employment 
Opportunity (``EEO'') rule adopted in February 2000 that was 
subsequently vacated as a result of a Court order. As a result of the 
Court's action, the Commission suspended the prior version of Form 396-
A in January, 2001. The current version was adopted by the 2nd R&O (68 
FR 00670, January 7, 2003), and Third Notice of Proposed Rule Making 
(3rd NPRM), (67 FR 77374, December 17, 2002), in MM Docket No. 98-204, 
which adopted a new broadcast EEO rule. It is substantially similar to 
the version adopted in February 2000 and is used in conjunction with 
other forms (e.g., FCC Forms 301, 314, 315, and 340) that are already 
subject to mandatory electronic filing.
    4. In the Streamlining R&O, which announced the Commission's 
electronic filing requirement, the Commission recognized the need for 
limited waivers of this requirement in light of the ``burden that 
electronic filing could place upon some licensees who are seeking to 
serve the public interest, with limited resources, and succeed in a 
highly competitive local environment.'' Such waivers will not be 
routinely granted and the applicant must plead with particularity the 
facts and circumstances warranting relief.
    5. Instructions for use of the electronic filing system are 
available in the CDBS User's Guide which can be accessed from the 
electronic filing Web site. Special attention should be given to the 
details of the applicant account registration function, form filing 
function, and the fee form handling procedures, if a fee is required. 
Failure to follow the procedures in the User's Guide may result in an 
application

[[Page 19824]]

being dismissed, returned, or not considered as officially filed.
    6. Internet access to the CDBS public access system at the 
Commission's Web site requires a user to have a browser such as 
Netscape version 3.04 or Internet Explorer version 3.51, or later.
    7. For technical assistance using the system or to report problems, 
please contact the CDBS Help Desk at (202) 418-2MMB. To request 
additional information concerning specific broadcast applications, 
please call (202) 418-2700 (radio forms) or (202) 418-1600 (television 
forms).
    8. The (2nd R&O) also adopted three other EEO forms--FCC Forms 396 
(Broadcast EEO Program Report), 396-C (Multi-Channel Video Program 
Distributor EEO Program Annual Report), and 397 (Broadcast Mid-Term 
Report). These forms have been approved by the Office of Management and 
Budget (68 FR 10015, March 3, 2003) and were effective March 10, 2003. 
They are, however, not yet available for electronic filing because 
there is no immediate need to file them. An announcement will be made 
when they are available.

FCC Notice Required by the Paperwork Reduction Act

    9. On February 14, 2003, the Commission received approval for the 
information collection contained herein pursuant to the ``emergency 
processing'' provisions of the Paperwork Reduction Act of 1995 (5 CFR 
1320.13). The OMB Control Number for the FCC Form 396-A is 3060-0120. 
The annual reporting burdens for this collection of information, 
including the time for reviewing instructions, searching existing data 
sources, gathering and maintaining the required data and completing and 
reviewing the collection of information, are estimated to be: 5,000 
respondents, 1 hour per response per annum, for a total annual burden 
of 5000 hours; there are no annual costs. If you have any comments on 
this burden estimate, or how we can improve the collection and reduce 
the burden it causes you, please write to Les Smith, Federal 
Communications Commission, Room 1-A804, 445 12th Street, SW., 
Washington, DC 20554. Please include the OMB Control Number: 3060-0120, 
in your correspondence. We will also accept your comments regarding the 
Paperwork Reduction Act aspects of this collection via the Internet if 
you send them to [email protected] or call (202) 418-0217.
    10. Under 5 CFR 1320, an agency may not conduct or sponsor a 
collection of information unless it displays a current 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. The OMB Control 
Number for this collection is 3060-0120. The forgoing Notice is 
required by the Paperwork Reduction Act of 1995, Public Law 104-13, 
October 1, 1995, 44 U.S.C. 3507.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-9826 Filed 4-21-03; 8:45 am]
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