[Federal Register Volume 68, Number 85 (Friday, May 2, 2003)]
[Notices]
[Pages 23463-23464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-10855]


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FEDERAL COMMUNICATIONS COMMISSION

[MM 98-204; DA 03-1116]


Media Bureau Implements New EEO Form 396 With Mandatory 
Electronic Filing

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. 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: Lewis Pulley (202) 418-1456 or Roy 
Boyce (202) 418-1438, Policy Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice (``PN''), DA 03-1116, released April 9, 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 Broadcast Equal Employment Opportunity Program 
Report (March, 2003 Edition).
    2. Mandatory electronic filing commenced on April 1, 2003. The 
paper version of this form will not be accepted for filing after April 
1, 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 66104, December 1, 
1998, Notice of Proposed Rulemaking ``NPRM''), 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 
available

[[Page 23464]]

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 January 2000 that was subsequently vacated as 
a result of a Court order. As a result of the Court's action, the prior 
version of Form 396 was suspended in January 2001. The current version 
was adopted by the Second Report and Order, (68 FR 670, January 7, 
2003) and Third Notice of Proposed Rule Making (67 FR 77374, December 
17, 2002) in MM Docket No. 98-204, that adopted a new broadcast EEO 
rule. It is substantially similar to the version adopted in January 
2000.
    4. In the NPRM, 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 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).

FCC Notice Required by the Paperwork Reduction Act

    8. 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 is 3060-0113. 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: 2,000 
respondents, 1.5 hours per response per annum, for a total annual 
burden of 3000 hours; $100,000 in 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-
0113, 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.
    9. 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. 03-10855 Filed 5-1-03; 8:45 am]
BILLING CODE 6712-01-P