[Federal Register Volume 68, Number 188 (Monday, September 29, 2003)]
[Notices]
[Pages 55960-55961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-24621]


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FEDERAL COMMUNICATIONS COMMISSION

[Docket No. 98-204; DA 03-2896]


Media Bureau Implements New EEO Form 396-C 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 Form 396-C. 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: Estella Salvatierra (202) 418-1789, 
Policy Division, Media Bureau.

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Public Notice (``PN''), DA 03-2896, adopted and released September 23, 
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

[[Page 55961]]

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-C, Multi-channel Video Program Distributor EEO 
Program Annual Report (September, 2003 Edition).
    2. Mandatory electronic filing commenced on September 23, 2003. The 
paper version of the form will not be accepted for filing after 
September 23, 2003, unless accompanied by an appropriate request for 
waiver of the electronic filing requirement. The forms are due to be 
filed with the Commission by September 30, 2003. For 2003, only, filers 
may file the form up to midnight on October 15, 2003, and still be 
timely. Users can access the electronic filing system via the Internet 
from the Media Bureau's Web Site at: http://www.fcc.gov/mb
    3. Randomly selected MVPDs will be required to fill out portions of 
the Supplemental Investigation Sheet (``SIS'') at the end of the form. 
Only those required to file the SIS will see a box checked on page one 
of the electronic version of the form next to the statement, 
``Supplemental Investigation Sheet attached.'' For those required to 
file the SIS, we are requiring this year that job descriptions be 
provided only for the technicians category (two descriptions) and that 
only questions one, three, and five be answered in the question list. 
Units will not know that they are required to fill out the SIS until 
they begin the electronic filing process, but that process can be 
stopped, and information filled out saved, before actually filing the 
form. As with other electronic forms, filers mayh fill out part or all 
the form and press ``save'' to save what they have filled out. 
``Savings'' does not file the form but it does keep what has been 
entered in the filer's form so that the filer may return to the form 
later and complete it by the due date. In order to accurately file a 
form, filers must press the ``File Form'' buttom and complete the 
filing process. The form may be printed at any stage while it is being 
filled out.
    4. 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 the prior version 
of the Form 396-C, the Form 395-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 prior version of Form 
396-C 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 February, 2000, minus 
the annual employment report section that shows breakdown of unit 
workforce data by job category, race/ethnic group, and gender.
    5. 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.
    6. 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.
    7. 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.
    8. 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

    9. On September 22, 2003, the Commission received notice that the 
Office of Management and Budget (OMB) had, on September 17, 2003, 
approved 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 
3060-1033. 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: 2,200 respondents, 10 minutes to 2.5 hours per response per 
annum, for a total annual burden of 3188 hours; 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: 
3060-1033, 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 3060-1033. 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. 03-24621 Filed 9-26-03; 8:45 am]
BILLING CODE 6712-01-M