[Federal Register Volume 68, Number 82 (Tuesday, April 29, 2003)]
[Notices]
[Pages 22698-22699]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10520]



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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) being Reviewed by the 
Federal Communications Commission

April 22, 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 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. 
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 June 30, 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 contact listed below as soon as possible.

ADDRESSES: Direct all comments to Les Smith, Federal Communications 
Commission, Room 1-A804, 445 12th Street, SW., Washington, DC 20554, or 
via the Internet to [email protected].

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

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0113.
    Type of Review: Extension 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, 68 FR 670 (2003), 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: Extension 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, 68 FR 670 (2003), 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 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: Extension 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, 68 FR 670 (2003), 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,

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etc., and place such types of records annually in their local public 
inspection file.
    OMB Control Number: 3060-0349.
    Type of Review: Extension 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, 68 FR 670 (2003), 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. These 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: Extension 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, 68 FR 670 (2003), 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 eleven 
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: 3060-1033.
    Type of Review: Extension of a currently approved 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, 68 FR 670 (2003), 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 with six or more full-time employees 
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. 03-10520 Filed 4-28-03; 8:45 am]
BILLING CODE 6712-01-P