[Federal Register Volume 69, Number 126 (Thursday, July 1, 2004)]
[Notices]
[Pages 39929-39930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15002]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection(s) Requirement Submitted to OMB for 
Emergency Review and Approval

June 21, 2004.
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 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 August 2, 
2004. 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 contacts listed below as soon as possible.

ADDRESSES: Direct all comments to Kristy L. LaLonde, Office of 
Management and Budget (OMB), Room 10236 NEOB, Washington, DC 20503, 
(202) 395-3087 or via the Internet at [email protected], 
and Les Smith, Federal Communications Commission, Room 1-A804, 445 12th 
Street, SW., Washington, DC 20554 or via Internet to 
[email protected].

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

SUPPLEMENTARY INFORMATION: The Commission has requested approval of 
these two information collections under the emergency processing 
provisions of the PRA by July 16, 2004.
    OMB Control Number: 3060-0095.
    Title: Multi-Channel Video Progamming Distributors Annual 
Employment Report, FCC Form 395-A.
    Type of Review: Revision of currently approved collection.
    Form Number: FCC 395-A.
    Respondents: Business or other for-profit entities.
    Number of Respondents: 2,500.
    Estimated Time per Response: 53 minutes (0.88 hours).
    Frequency of Response: Recordkeeping; Annual reporting requirement.
    Total Annual Burden: 2,200 hours.
    Total Annual Cost: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 395-A, ``The Multi-Channel Video 
Programming Distributor Annual Employment Report,'' is a data 
collection device used to assess industry employment trends and provide 
reports to Congress. The report identifies employees by gender and 
race/ethnicity in fifteen job categories. FCC Form 395-A contains a 
grid which collects data on full and part-time employees and requests a 
list of employees by job title, indicating the job category and full or 
part-time status of the position. Every cable entity with 6 or more 
full-time employees and all Satellite Master Antenna Television Systems 
(SMATV) serving 50 or more subscribers and having 6 or more full-time 
employees must complete Form 395-A in its entirety and file it by 
September 30 each year. However, cable entities with 5 or fewer full-
time employees are not required to file but if they do, they need to 
complete and file only Sections I, II and VIII of the FCC Form 395-A, 
and thereafter need not file again unless their employment increases. 
In addition, cable entities with 6 or more full-time employees will 
file a Supplemental Investigation Sheet once every 5 years.
    On June 4, 2004, the FCC released the Third Report and Order and 
Fourth Notice of Proposed Rulemaking (3rd R&O), In the Matter of Review 
of the Commission's Broadcast and Cable Equal Employment Opportunity 
Rules and Policies, MM Docket No. 98-204, FCC 04-103, in which it 
considers issues relating to the Annual Employment Report forms, 
including FCC Form 395-A, ``The Multi-Channel Video Programming 
Distributor Annual Employment Report.'' In the 3rd R&O, the Commission 
is adopting revised rules for MVPDs to file FCC Form 395-A, which cable 
and other MVPDs will use to file annual employment reports. The intent 
of this 3rd R&O is to update rules for MVPDs to file Form 395-A 
consistent with new rules adopted in the 2nd R&O. The intent of the 
Fourth Notice of Proposed Rulemaking is to provide time for cable and 
other MVPDs and the public to address the issue of whether the 
Commission should keep these forms confidential after they are filed. 
With the effective date of the rule revisions adopted in the 3rd R&O, 
MVPDs and broadcasters must start keeping records of their employees so 
they can prepare their annual employment reports due to be filed on 
September 30, 2004.
    OMB Control Number: 3060-0390.
    Title: Broadcast Station Annual Employment Report, FCC Form 395-B.
    Form Number: FCC Form 395-B.
    Type of Review: Extension of currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents: 14,000.
    Estimated Time per Response: 0.88 hours.
    Frequency of Response: Annual reporting requirement.
    Total annual burden: 12,320 hours.
    Total Annual Costs: None.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 395-B, ``The Broadcast Station Annual 
Employment Report,'' is used to assess industry employment trends and 
provide reports to Congress. Licensees with five or more full-time 
employees are required to file Form 395-B on or before September 30th 
of each year. The

[[Page 39930]]

form is a data collection device used to compile statistics on the 
workforce employed by broadcast licensees/permittees. The report 
identifies each staff member by gender and race/ethnicity in each of 
the nine major job categories. On June 4, 2004, the FCC released the 
Third Report and Order and Fourth Notice of Proposed Rulemaking (3rd 
R&O), In the Matter of Review of the Commission's Broadcast and Cable 
Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204, 
FCC 04-103, in which it considers issues relating to the Annual 
Employment Report forms, including Form 395-B, ``The Broadcast Station 
Annual Employment Report.'' In the 3rd R&O, the Commission is adopting 
revised rules requiring broadcasters and multichannel video programming 
distributors (MVPDs) to file annual employment reports. Radio and 
television broadcasters will use Form 395-B to file annual employment 
reports. The intent of this 3rd R&O is to reinstate and update 
requirements for broadcasters and MVPDs to file annual employment 
reports. The intent of the Fourth Notice of Proposed Rulemaking is to 
provide time for MVPDs, broadcast licensees, and the public to address 
the issue of whether the Commission should keep these forms 
confidential after they are filed. With the effective date of the rule 
revisions adopted in the 3rd R&O, MVPDs and broadcasters must start 
keeping records of their employees so they can prepare their annual 
employment reports due to be filed on or before September 30, 2004.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 04-15002 Filed 6-30-04; 8:45 am]
BILLING CODE 6712-01-P