[Federal Register Volume 69, Number 120 (Wednesday, June 23, 2004)]
[Rules and Regulations]
[Pages 34950-34954]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14120]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 76

[MM Docket No. 98-204; FCC 04-103]
RIN 3060-AH95


Review of the Commission's Broadcast and Cable Equal Employment 
Opportunity Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: In this document, the Commission adopts new broadcast and 
multichannel video programming distributor (``MVPD'') equal employment 
opportunity (``EEO'') rules. The Commission revised Forms 395-A and 
395-B but issued a notice of proposed rulemaking on issues regarding 
whether to keep annual employment reports confidential or partially 
confidential.

DATES: Sections 73.3612 and 76.1802 contain information collection 
requirements that have not been approved by the Office of Management 
and Budget (OMB). The Commission will publish a document in the Federal 
Register announcing the effective date of these rules. Written comments 
by the public on the modified information collection requirements are 
due August 23, 2004.

FOR FURTHER INFORMATION CONTACT: Lewis Pulley, Policy Division, Media 
Bureau, (202) 418-1450 or [email protected]. For additional 
information concerning the Paperwork Reduction Act information 
collection requirements contained in this document, contact Leslie F. 
Smith at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's 
Third Report and Order (``3R&O'') in MM Docket No. 98-204; FCC 04-103, 
adopted April 19, 2004, and released on June 4, 2004. The full text of 
this 3R&O is available for inspection and copying during regular 
business hours in the FCC Reference Center, 445 Twelfth Street, SW., 
Room CY-A257, Portals II, Washington, DC, 20554, and may also be 
purchased from the Commission's copy contractor, Best Copy and 
Printing, Inc., Room CY-B402, telephone (800) 378-3160, e-mail http://www.BCPIWEB.com. This document is available in alternative formats 
(computer diskette, large print, audio cassette and Braille). Persons 
who need documents in such formats may send an e-mail to [email protected] 
or call the Consumer & Governmental Affairs Bureau at 202-418-0531 
(voice), 418-7365 (tty).

Synopsis of Third Report and Order

I. Background

    1. The Second Notice of Proposed Rulemaking (``2NPRM''), 67 FR 
1704, January 14, 2002, in this proceeding proposed and requested 
comment on new broadcast station and multichannel video programming 
distributor (``MVPD'') Equal Employment Opportunity (``EEO'') rules and 
new annual employment report forms to collect data on the race, 
ethnicity, and gender of the workforce of broadcast and MVPD employment 
units. In the Second Report and Order (``2R&O''), 68 FR 670, January 7, 
2003, and Third Notice of Proposed Rulemaking (``3NPRM''), 67 FR 77374, 
December 17, 2002, in this proceeding, we adopted new broadcast and 
MVPD EEO rules, but deferred action on the issues relating to the 
Annual Employment Report forms. We now address those issues and adopt 
revised FCC Form 395-B, the broadcast station Annual Employment Report, 
and FCC Form 395-A, the multichannel video programming distributor 
Annual Employment Report. We also seek comment in the Fourth Notice of 
Proposed Rulemaking (``4NPRM'') on the Commission's policies regarding 
public access to data contained in FCC Forms 395-A and 395-B.
    2. In previously deferring action with respect to FCC Forms 395-A 
and 395-B, we stated that a deferral would permit us to coordinate 
these forms with new standards for classifying data on race, ethnicity, 
and job categories adopted by the Office of Management

[[Page 34951]]

and Budget (OMB). OMB has responsibilities under the Paperwork 
Reduction Act of 1995 for coordinating data collection forms adopted by 
the Federal government. This deferral was also intended to provide 
additional time to address issues concerning the collection and 
processing of the forms. The Commission indicated that the data 
collected in the employment reports would be used to compile industry 
employment trend reports and reports to Congress and would not be used 
to determine compliance with the substantive EEO rules adopted.

II. Discussion

    3. The information provided by the annual employment reports is 
important in order to ascertain industry trends, report to Congress, 
and respond to inquiries from Congress. We note that Congress relied in 
part on media industry employment data in the 1992 Cable Act. The 
Commission has broad authority under the Communications Act to collect 
information and prepare reports. Collection of television broadcast and 
MVPD industry employment data is required by the Communications Act. 
Section 634(d)(3)(A) of the Communications Act requires the Commission 
to adopt rules requiring MVPDs with more than 5 full-time employees to 
``file with the Commission an annual statistical report identifying by 
race, sex, and job title the number of employees' in each of 
specifically identified full-time and part-time job categories. Section 
334(a) of the Communications Act requires the Commission to maintain 
EEO rules for television broadcast station licensees and provides that 
``except as specifically provided in this section, the Commission shall 
not revise--* * * (2) the forms used by such licensees and permittees 
to report pertinent employment data to the Commission.'' Section 334(b) 
authorizes the Commission to make non-substantive technical or clerical 
changes. We are directed by statute to require the submission of such 
reports by broadcast television stations and MVPDs. We have authority 
to require employment reports for all broadcasters and MVPDs and would 
exercise that authority even if not required by statute to do so.
    4. We will adopt the requirement that broadcast and MVPD employment 
units file Forms 395-B and 395-A, respectively. As explained, the forms 
are being readopted and will be submitted to OMB for clearance for use 
in the year 2004 filing substantially in the same form as those 
previously used and will be revised in the future, as necessary, in 
coordination with OMB. The data collected in the employment reports 
will be used to compile industry employment trend reports and reports 
to Congress and will not be used to determine compliance with our EEO 
rules.
    5. Several commenters urge the Commission to collect ethnicity and 
gender information in order to analyze industry employment trends.
    6. Other commenters assert that collection of Form 395-B is 
prohibited by the decisions of the U.S. Court of Appeals for the 
District of Columbia Circuit in Lutheran Church--Missouri Synod v. FCC 
(``Lutheran Church'') and MD/DC/DE Broadcasters Association v. FCC 
(``Association'').
    7. We do not agree that the decision of the U.S. Court of Appeals 
for the DC Circuit in Lutheran Church invalidated the data collection 
process. The court focused in that decision on the Commission's 
previous ``processing guidelines disclosing the criteria it used to 
select stations for in-depth EEO review when their licenses came up for 
renewal.'' It then made clear that ``[i]f the regulations merely 
required stations to implement racially neutral recruiting and hiring 
programs, the equal protection guarantee would not be implicated.'' And 
it reiterated in response to the government's rehearing petition that 
it had not held that a regulation ``encouraging broad outreach to, as 
opposed to the actual hiring of, a particular race would necessarily 
trigger strict scrutiny.'' The court did not conclude that the 
Commission lacks authority to collect statistical employment data for 
the purpose of analyzing industry employment trends or preparing annual 
employment trend reports, or that collecting employment data for those 
purposes would unconstitutionally pressure broadcasters to adopt race 
or gender-based hiring policies.
    6. In Association, the court upheld the requirement for filing the 
Form 395-B and rejected the argument that this requirement was an 
arbitrary and capricious regulatory burden. Nothing in the court's 
decision suggested that the collection of Form 395-B data on the 
employees of stations for the purpose of compiling trend reports and 
reports to Congress was by itself subject to strict scrutiny or 
unconstitutional.
    7. We stated in the 2R&O and 3NPRM that we would need to revise our 
Forms 395-A and 395-B to comply with new OMB racial classification 
standards. We have attempted to parallel our classification reporting 
with those adopted by the Equal Employment Opportunity Commission, 
which is in turn addressing the OMB classification issues. Our forms 
and reports conform to the existing EEO-1 racial and employment 
categories. Although the EEOC has proposed an updated EEO-1 to conform 
to the new OMB standards, the form has yet to be finalized. Therefore, 
to avoid any unnecessary confusion that might result from the use of 
different classification standards, we will continue to use the racial 
and employment categories in the Forms 395-A and 395-B adopted in 2000, 
which conform to the current EEO-1, until the new EEO-1 is released. At 
that time, we will review the annual employment reports to see what 
changes are needed to comply with the new OMB standards, and whether we 
can conform our forms to those standards consistent with sections 334 
and 634 of the Act. Other than deleting EEO program information, now 
requested in the FCC Form 396-C, the only change we have made at this 
time is to delete the request for system community information in 
section II of the previous 395-A and replace it with a request for the 
employment unit's physical system identification number(s). This 
modification will reduce the paperwork burden for MVPD units.
    8. Under the annual employment report filing requirements that we 
adopt, broadcasters with five or more full-time employees will be 
required to file Form 395-B by September 30 of each year. MVPD units 
with six or more full-time employees will be required to file Form 395-
A by September 30 of each year. We will allow, this year only, a one-
time filing grace period until a date to be determined in the 
Commission's Order addressing the issues raised in the 4NPRM. This 
grace period will give entities adequate time to collect the data 
needed to fulfill their filing requirements and will allow us to 
accommodate changes, if any, to the Forms 395-A and 395-B made 
necessary by the comments received in response to the 4NPRM. Regardless 
of what grace period deadline we ultimately set for filing the forms, 
they will be required to reflect any pay period from July, August, or 
September 2004, as provided for in the instructions to Form 395-B and 
Sec.  76.77(a) of the Commission's rules, 47 CFR 76.77(a), for Form 
395-A.

III. Procedural Matters

    9. Final Regulatory Flexibility Analysis. As required by the 
Regulatory Flexibility Act (RFA), see 5 U.S.C. 603, an Initial 
Regulatory Flexibility Analysis (``IRFA'') was incorporated in the 
2NPRM. The Commission sought written public comments on the possible 
significant economic impact of

[[Page 34952]]

the proposed policies and rules on small entities in the 2NPRM, 
including comments on the IRFA. Pursuant to the RFA, see 5 U.S.C. 604, 
a Final Regulatory Flexibility Analysis (``FRFA'') is contained.
    10. Paperwork Reduction Act of 1995 Analysis. This document 
contains modified information collection requirements. The Commission, 
as part of its continuing effort to reduce paperwork burdens, invites 
the general public to comment on the information collection 
requirements contained in this Report and Order as required by the 
Paperwork Reduction Act of 1995, Pub. L. 104-13. Public and agency 
comments are due August 23, 2004.
    11. The Commission's Consumer and Governmental Affairs Bureau, 
Reference Information Center, shall send a copy of this 3R&O including 
the Final Regulatory Flexibility Analysis and the Initial Regulatory 
Flexibility Certification, to the Chief Counsel for Advocacy of the 
Small Business Administration.

IV. Final Regulatory Flexibility Analysis

    12. As required by the RFA, an IRFA was incorporated into the 2NPRM 
in this proceeding. The Commission sought written public comments on 
the possible significant economic impact of the proposed policies and 
rules on small entities in the 2NPRM, including comments on the IRFA. 
This FRFA conforms to the RFA.

A. Need for, and Objectives of, the Proposed Rule Changes

    13. This 3R&O adopts new rules and forms for broadcasters and MVPDs 
that enable the Commission to collect data on the race, ethnicity and 
gender of the workforce of broadcast and MVPD employment units.

B. Summary of Significant Issues Raised by the Public Comments in 
Response to the IRFA

    14. One comment on annual employment reports was filed specifically 
in response to the IRFA. The American Cable Association (``ACA'') 
proposes that the Commission generally ``streamline'' FCC Form 395-A. 
The ACA also filed these same comments in response to the 2NPRM. The 
3R&O considers ACA's comments, and determines that the Commission's 
annual employment reports must follow the standards issued by the 
Office of Management and Budget for classifying data on race and 
ethnicity.

C. Recording, Recordkeeping, and Other Compliance Requirements

    15. This rulemaking adopts FCC Form 395-B, the broadcast Annual 
Employment Report, and FCC Form 395-A, the MVPD annual employment 
report. Forms 395-B and 395-A collect data on the ethnicity and gender 
of a reporting entity's workforce. Broadcasters with five or more full-
time employees will be required to file Form 395-B by September 30 of 
each year. MVPD units with six or more full-time employees must file 
Form 395-A by September 30 of each year. Broadcast entities are not 
required to place copies of their annual employment reports in their 
public file. Generally, no special skills will be necessary to comply 
with the requirements.

D. Description and Estimate of the Number of Small Entities to Which 
the Rules Would Apply

    16. The new rules would apply to broadcast stations and MVPDs. The 
RFA directs the Commission to provide a description of and, where 
feasible, an estimate of the number of small entities that may be 
affected by the rules adopted herein. Under the RFA, small entities may 
include small organizations, small businesses, and small governmental 
jurisdictions. The RFA, 5 U.S.C. 601(3), generally defines the term 
``small business'' as having the same meaning as the term ``small 
business concern'' under the Small Business Act, 15 U.S.C. 632. A small 
business concern is one which: (1) is independently owned and operated; 
(2) is not dominant in its field of operation; and (3) satisfies any 
additional criteria established by the SBA.
    17. A small organization is generally ``any not-for-profit 
enterprise which is independently owned and operated and is not 
dominant in its field.'' Nationwide, there are approximately 1.6 
million small organizations. Finally, ``small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' As of 1992, there were 
approximately 85,006 such jurisdictions in the United States. This 
number includes 38,978 counties, cities, and towns; of these, 37,566, 
or 96 percent, have populations of fewer than 50,000. The United States 
Bureau of the Census (Census Bureau) estimates that this ratio is 
approximately accurate for all governmental entities. Thus, of the 
85,006 governmental entities, we estimate that 81,600 (91 percent) are 
small entities.
    18. In this context, the application of the statutory definition to 
television stations is of concern. An element of the definition of 
``small business'' is that the entity not be dominant in its field of 
operation. We are unable at this time to define or quantify the 
criteria that would establish whether a specific television station is 
dominant in its field of operation. Accordingly, the estimates that 
follow of small businesses to which rules may apply do not exclude any 
television station from the definition of a small business on this 
basis and are therefore over-inclusive to that extent. An additional 
element of the definition of ``small business'' is that the entity must 
be independently owned and operated. We note that it is difficult at 
times to assess these criteria in the context of media entities and our 
estimates of small businesses to which they apply may be over-inclusive 
to this extent.
    19. The Small Business Administration defines a television 
broadcasting station that has no more than $12 million in annual 
receipts as a small business. Business concerns included in this 
industry are those ``primarily engaged in broadcasting images together 
with sound.'' According to Commission staff review of the BIA 
Publications, Inc. Master Access Television Analyzer Database as of May 
16, 2003, about 814 of the 1,220 commercial television stations in the 
United States have revenues of $12 million or less. We note, that, in 
assessing whether a business concern qualifies as small, business 
(control) affiliations must be included. Our estimates, therefore, 
likely overstates the number of small entities that might be affected 
by any changes to the ownership rules, because the revenue figure on 
which it is based does not include or aggregate revenues from 
affiliated companies.
    20. The SBA defines a radio broadcast entity that has $6 million or 
less in annual receipts as a small business. Business concerns included 
in this industry are those ``primarily engaged in broadcasting aural 
programs by radio to the public. According to Commission staff review 
of the BIA Publications, Inc., Master Access Radio Analyzer Database, 
as of May 16, 2003, about 10,427 of the 10,945 commercial radio 
stations in the United States have revenue of $6 million or less. We 
note, that many radio stations are affiliated with much larger 
corporations with much higher revenue, and that in assessing whether a 
business concern qualifies as small, such business (control) 
affiliations are included. Our estimate therefore likely overstates the

[[Page 34953]]

number of small businesses that might be affected by any changes to the 
ownership rules.
    21. The 3R&O also amends EEO rules applicable to MVPDs. SBA has 
developed a definition of a small entity for cable and other program 
distribution, which includes all such companies generating $12.5 
million or less in annual receipts. This definition includes direct 
broadcast satellite services (DBS), multipoint distribution systems 
(MDS), and local multipoint distribution service (LMDS). According to 
Census Bureau data for 1997, there were 1,311 firms within the industry 
category Cable and Other Program Distribution, total, that operated for 
the entire year. Of this total, 1,180 firms had annual receipts of 
$9,999,999.00 or less, and an additional 52 firms had receipts of $10 
million to $24,999,999.00.
    22. Cable Systems: The Commission has developed, with SBA's 
approval, its own definition of small cable system operators. Under the 
Commission's rules, a ``small cable company'' is one serving fewer than 
400,000 subscribers nationwide. Based on our most recent information, 
we estimate that there were 1,439 cable operators that qualified as 
small cable companies at the end of 1995. Since then, some of those 
companies may have grown to serve more than 400,000 subscribers, and 
others may have been involved in transactions that caused them to be 
combined with other cable operators. Consequently, we estimate that 
there are 1,439 or fewer small entity cable system operators that may 
be affected by the rules proposed herein.
    23. The Communications Act also contains a definition of a small 
cable system operator, which is ``a cable operator that, directly or 
through an affiliate, serves in the aggregate fewer than 1% of all 
subscribers in the United States and is not affiliated with any entity 
or entities whose gross annual revenue in the aggregate exceeds 
$250,000,000.'' The Commission has determined that there are 67,700,000 
subscribers in the United States. We found that an operator serving 
fewer than 677,000 subscribers shall be deemed a small operator, if its 
annual revenues, when combined with the total annual revenues of all of 
its affiliates, do not exceed $250 million in the aggregate. Based on 
available data, we find that the number of cable operators serving 
677,000 subscribers or less totals approximately 1,450. Since we do not 
request nor collect information on whether cable system operators are 
affiliated with entities whose gross annual revenues exceed 
$250,000,000, we are unable at this time to estimate with greater 
precision the number of cable system operators that would qualify as 
small cable operators under the definition in the Communications Act.
    24. MDS: MDS involves a variety of transmitters, which are used to 
relay programming to the home or office. The Commission has defined 
``small entity'' for purposes of the 1996 auction of MDS as an entity 
that, together with its affiliates, has average gross annual revenues 
that are not more than $40 million for the preceding three calendar 
years. This definition of a small entity in the context of MDS auctions 
has been approved by the SBA. These stations were licensed prior to 
implementation of section 309(j) of the Communications Act of 1934, as 
amended. Licenses for new MDS facilities are now awarded to auction 
winners in Basic Trading Areas (BTAs) and BTA-like areas. The MDS 
auctions resulted in 67 successful bidders obtaining licensing 
opportunities for 493 BTAs. Of the 67 auction winners, 61 met the 
definition of a small business.
    25. LMDS: The auction of the 1,030 LMDS licenses began on February 
18, 1998, and closed on March 25, 1998. The Commission defined ``small 
entity'' for LMDS licenses as an entity that has average gross revenues 
of less than $40 million in the three previous calendar years. An 
additional classification for ``very small business'' was added and is 
defined as an entity that, together with its affiliates, has average 
gross revenues of not more than $15 million for the preceding three 
calendar years. These regulations defining ``small entity'' in the 
context of LMDS auctions have been approved by the SBA. There were 93 
winning bidders that qualified as small entities in the LMDS auctions. 
A total of 93 small and very small business bidders won approximately 
277 A Block licenses and 387 B Block licenses. On March 27, 1999, the 
Commission reauctioned 161 licenses; there were 40 winning bidders. 
Based on this information, we conclude that the number of small LMDS 
licenses will include the 93 winning bidders in the first auction and 
the 40 winning bidders in the reauction, for a total of 133 small 
entity LMDS providers as defined by the SBA and the Commission's 
auction rules.
    26. DBS: Because DBS provides subscription services, it falls 
within the SBA-recognized definition of ``Cable and Other Program 
Distribution.'' This definition provides that a small entity is one 
with $12.5 million or less in annual receipts. Currently, there are 
nine DBS authorizations, though there are only two DBS companies in 
operation at this time. We neither request nor collect annual revenue 
information for DBS services, and are unable to determine the number of 
DBS operators that would be considered a small business under the SBA 
definition.
    27. An alternative way to classify small entities is by the number 
of employees. Based on available data, we estimate that in 1997 the 
total number of full-service broadcast stations with four or fewer 
employees was 5186, of which 340 were television stations. Similarly, 
we estimate that in 1997, 1900 cable employment units employed fewer 
than six full-time employees. Also, in 1997, 296 ``MVPD'' employment 
units employed fewer than six full-time employees. We also estimate 
that in 1997, the total number of full-service broadcast stations with 
five to ten employees was 2145, of which 200 were television stations. 
Similarly, we estimate that in 1997, 322 cable employment units 
employed six to ten full-time employees. Also, in 1997, approximately 
65 MVPD employment units employed six to ten full-time employees.

E. Steps Taken To Minimize Significant Economic Impact on Small 
Entities, and Significant Alternatives Considered

    28. The RFA requires an agency to describe any significant 
alternatives that it has considered in reaching its proposed approach, 
which may include the following four alternatives (among others): (1) 
The establishment of differing compliance or reporting requirements or 
timetables that take into account the resources available to small 
entities; (2) the clarification, consolidation, or simplification of 
compliance or reporting requirements under the rule for small entities; 
(3) the use of performance, rather than design, standards; and (4) an 
exemption from coverage of the rule, or any part thereof, for small 
entities.
    29. This 3R&O sets forth the Commission's new annual employment 
reports, and considers the significant alternatives presented in the 
comments. We have determined that our finalized rules fulfill our 
public interest goals while maintaining minimal regulatory burdens and 
ease and clarity of administration.
    30. The 3R&O adopts relief for small entities. Broadcasters with 
fewer than five full-time employees will not be required to file Form 
395-B. MVPD units with fewer than six full-time employees will not be 
required to file Form 395-A. The EEO Rule does not impose unreasonable 
burdens on small broadcasters or MVPDs. We provide this relief because 
entities with small staffs

[[Page 34954]]

have limited personnel and financial resources. The exceptions for 
small business provides them with some relief of any recordkeeping and 
reporting costs.
    31. As noted, the ACA asks for a generally ``streamlined'' FCC Form 
395-A. As explained in the 3R&O, the Commission's annual employment 
reports must follow section 634 of the Act and the standards issued by 
the Office of Management and Budget for classifying data on race and 
ethnicity.

Report to Congress

    32. The Commission will send a copy of the 3R&O, including this 
FRFA, in a report to be sent to Congress pursuant to the Congressional 
Review Act, 5 U.S.C. 801(a)(1)(A). In addition, the Commission's 
Consumer and Governmental Affairs Bureau, Reference Information Center, 
will send a copy of this 3R&O, including this FRFA, to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the 3R&O and FRFA (or summaries thereof) will also be published in the 
Federal Register. See 5 U.S.C. 604(b).

Ordering Clauses

    33. Pursuant to the authority contained in sections 1, 4(i), 4(k), 
303(r), 334, 403, and 634 of the Communications Act of 1934, as 
amended, 47 U.S.C. 151, 154(i), 154(k), 303(r), 334, 403, and 554, this 
3R&O is adopted, and part 73 and 76 of the Commission's rules are 
amended.
    34. The new rules and amendments set forth, and the information 
collection requirements contained in these rules, will be submitted to 
OMB for approval and are not effective until approved by OMB. The 
Commission will publish a notice in the Federal Register announcing the 
effective date following OMB approval.

List of Subjects in 47 CFR Parts 73 and 76

    Cable television, Equal employment opportunity.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.

Rule Changes

0
For the reasons discussed in the preamble, the Federal Communications 
Commission amends 47 CFR parts 73 and 76 as follows:

PART 73--RADIO BROADCAST SERVICES

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334, and 336.


0
2. Section 73.3612 is revised to read as follows:


Sec.  73.3612  Annual employment report.

    Each licensee or permittee of a commercially or noncommercially 
operated AM, FM, TV, Class A TV or International Broadcast station with 
five or more full-time employees shall file an annual employment report 
with the FCC on or before September 30 of each year on FCC Form 395-B.


    Note to Sec.  73.3612: Data concerning the gender, race and 
ethnicity of a broadcast station's workforce collected in the annual 
employment report will be used only for purposes of analyzing 
industry trends and making reports to Congress. Such data will not 
be used for the purpose of assessing any aspect of an individual 
broadcast licensee's compliance with the equal employment 
opportunity requirements of Sec.  73.2080.

PART 76--MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE

0
3. The authority citation for part 76 continues to read as follows:

    Authority: 47 U.S.C. 151, 152, 153, 154, 301, 302a, 303, 303a, 
307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 
533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 
556, 558, 560, 561, 571, 572, and 573.


0
4. Section 76.1802 is revised to read as follows:


Sec.  76.1802  Annual employment report.

    Each employment unit with six or more full-time employees shall 
file an annual employment report on FCC Form 395-A with the Commission 
on or before September 30 of each year.


    Note to Sec.  76.1802: Data concerning the gender, race and 
ethnicity of an employment unit's workforce collected in the annual 
employment report will be used only for purposes of analyzing 
industry trends and making reports to Congress. Such data will not 
be used for the purpose of assessing any aspect of an individual 
employment unit's compliance with our EEO rules for multi-channel 
video program distributors.


[FR Doc. 04-14120 Filed 6-22-04; 8:45 am]
BILLING CODE 6712-01-P