[Federal Register Volume 68, Number 194 (Tuesday, October 7, 2003)]
[Notices]
[Pages 57895-57896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-25302]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collection(s) Being Submitted to OMB 
for Review and Approval

September 17, 2003.
SUMMARY: The Federal Communications Commissions, 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, 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 November 6, 
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]; or Kim A. Johnson, Office of 
Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, 
(202) 395-3562 or via Internet at [email protected].

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collections 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/

[[Page 57896]]

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, 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.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-25302 Filed 10-6-03; 8:45 am]
BILLING CODE 6712-01-P