[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50967-50969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20143]


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FEDERAL COMMUNICATIONS COMMISSION


Public Information Collection Requirement Submitted to OMB for 
Review and Approval, Comments Requested

August 22, 2008.
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, 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 Paperwork Reduction Act (PRA) comments should be 
submitted on or before September 29, 2008. 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 PRA comments to Nicholas A. Fraser, Office of 
Management and Budget, via Internet at [email protected] 
or via fax at (202) 395-5167 and to Cathy Williams, Federal 
Communications Commission, Room 1-C823, 445 12th Street, SW., 
Washington, DC or via Internet at [email protected] or 
[email protected].
    To view a copy of this information collection request (ICR) 
submitted to OMB: (1) go to the Web page http://www.reginfo.gov/public/do/PRAMain, (2) look for the section of the Web page called ``Currently 
Under Review,'' (3) click on the downward-pointing arrow in the 
``Select Agency'' box below the ``Currently Under Review'' heading, (4)

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select ``Federal Communications Commission'' from the list of agencies 
presented in the ``Select Agency'' box, (5) click the ``Submit'' button 
to the right of the ``Select Agency'' box, (6) when the list of FCC 
ICRs currently under review appears, look for the title of this ICR (or 
its OMB control number, if there is one) and then click on the ICR 
Reference Number to view detailed information about this ICR.''

FOR FURTHER INFORMATION CONTACT: For additional information or copies 
of the information collection(s), contact Cathy Williams at (202) 418-
2918, or via Internet at [email protected].

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 3060-0095.
    Title: Multi-Channel Video Programming Distributors Annual 
Employment Report.
    Form Number: FCC Form 395-A.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; not-for-profit 
institutions.
    Number of Respondents/Responses: 2,500.
    Estimated Time per Response: 1 hour.
    Frequency of Response: Recordkeeping requirement; Annual reporting 
requirement.
    Total Annual Burden: 2,500 hours.
    Total Annual Cost: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i) and 634 of the Communications Act of 1934, as amended.
    Confidentiality: Whether the Form is confidential will be 
determined in a pending Commission rulemaking.
    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 by the Commission to assess industry employment 
trends and provide reports to Congress. By the Report, multichannel 
video programming distributors (``MVPDs'') identify employees by gender 
and race/ethnicity in sixteen specified 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. MVPDs, including cable 
operators, with six or more full-time employees (but Satellite Master 
Antenna Television (``SMATV'') operators only if they also serve 50 or 
more subscribers) must complete Form 395-A in its entirety and file it 
by September 30 each year. MVPDs with five 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, but not the 
portions requiring workforce information, and thereafter need not file 
again unless their employment increases to more than five full-time 
employees.
    In Review of the Commission's Broadcast and Cable Equal Employment 
Opportunity Rules and Policies, MM Docket No. 98-204, Third Report and 
Order and Fourth Notice of Proposed Rulemaking, 69 FR 34950, June 23, 
2004, 19 FCC Rcd 9773 (2004) (``2004 Order''), the Commission 
considered issues relating to the Annual Employment Report forms, 
including Form 395-A. In the 3rd R&O, the Commission adopted revised 
rules requiring broadcasters and multichannel video programming 
distributors (MVPDs) to file annual employment reports, which cable and 
other MVPDs will use to file annual employment reports. The intent of 
the 3rd R&O was 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, which remains pending, 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. Upon the effective date of the rulemaking deciding the 
confidentiality issue, MVPDs and broadcasters must start keeping 
records of their employees so they can prepare their annual employment 
reports due to be filed on the next due date thereafter.
    In its 2004 Order, the Commission stated that Form 395-A conformed 
to the racial and employment categories contained in the then-existing 
Form EEO-1 Employer Information Report issued by Equal Employment 
Opportunity Commission (the ``EEOC''), 2004 Order, at 9977-78. The 
Order noted that the EEOC had proposed to revise its EEO-1 form to 
incorporate new racial and employment categories approved by OMB. It 
also noted that, when the revised EEO-1 form was released, the 
Commission would review its Form 395-A to see what changes were needed 
to comply with the new OMB standards, and whether it could conform Form 
395-A to those standards consistent with Section 634 of the 
Communications Act of 1934, as amended (the ``Act''). 47 U.S.C. 554; 
see 2004 Order at 9978.
    With the EEOC's release of the EEO-1 incorporating revised racial 
and employment categories, the Bureau sought public comment (``Media 
Bureau Seeks Comment on Possible Changes to FCC Forms 395-A and 395-
B,'' Public Notice DA 08-752, released April 11, 2008; 73 FR 21346, 
April 21, 2008) (the ``Public Notice'') on whether to incorporate the 
EEOC's revised categories and whether such changes would be consistent 
with Section 634 of the Act. The public comment period ended on June 6, 
2008, and the Commission has completed its review of all the comments 
and reply comments. The Commission did not receive any comments 
opposing the incorporation of the EEOC's revised categories in the 
FCC's annual employment reports.
    The Commission has concluded that the proposed changes to FCC Form 
395-A are consistent with the racial and job category data required by 
Section 634 of the Act because the revisions simply reflect different 
terminology for the same categories and more detailed sub-categories. 
47 U.S.C. 554.
    OMB Control Number: 3060-0390.
    Title: Broadcast Station Annual Employment Report.
    Form Number: FCC Form 395-B.
    Type of Review: Revision of a currently approved collection.
    Respondents: Business or other for-profit entities; Not-for-profit 
institutions.
    Number of Respondents/Responses: 14,000.
    Estimated Time per Response: 1 hour.
    Frequency of Response: Annual reporting requirement.
    Total Annual Burden: 14,000 hours.
    Total Annual Cost: None.
    Obligation to Respond: Required to obtain or retain benefits. The 
statutory authority for this collection of information is contained in 
Sections 154(i) and 334 of the Communications Act of 1934, as amended.
    Confidentiality: Whether the Form is confidential will be 
determined in a pending Commission rulemaking.
    Privacy Impact Assessment: No impact(s).
    Needs and Uses: FCC Form 395-B, ``The Broadcast Station Annual 
Employment Report,'' is a data collection device used by the Commission 
to assess industry employment trends and provide reports to Congress. 
By the Report, broadcast licensees and permittees identify employees by 
gender and race/ethnicity in ten specified job categories. FCC Form 
395-B contains two grids, which collect information of full and part-
time employees, respectively, and requests lists of employees by job 
title, indicating the job category of the position. The Report, which 
is a data collection device used to compile statistics on the

[[Page 50969]]

broadcast workforce, identifies each staff member by gender and race/
ethnicity. Broadcast licensees or permittees with five or more full-
time employees are required to file Form 395-B on or before September 
30th of each year. Although licensees or permittees with fewer than 
five full-time employees are not required to file, if they do, they 
need to complete and file only Sections I, II and IV of the FCC Form 
395-B, but not the portions requiring workforce information, and 
thereafter need not file again unless their employment increases to 
five or more full-time employees.
    In Review of the Commission's Broadcast and Cable Equal Employment 
Opportunity Rules and Policies, MM Docket No. 98-204, Third Report and 
Order and Fourth Notice of Proposed Rulemaking, 69 FR 34950, June 23, 
2004, 19 FCC Rcd 9773 (2004) (``2004 Order''), the Commission 
considered issues relating to the Annual Employment Report forms, 
including Form 395-B. In the 3rd R&O, the Commission adopted 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 the 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, which 
remains pending, was 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 rulemaking deciding the confidentiality issue, MVPDs and 
broadcasters must start keeping records of their employees so they can 
prepare their annual employment reports due to be filed on the first 
due date thereafter.
    In its 2004 Order, the Commission stated that Form 395-B conformed 
to the racial and employment categories contained in the then-existing 
Form EEO-1 Employer Information Report issued by the Equal Employment 
Opportunity Commission (``EEOC''). 2004 Order, at 9977-78.
    The Order noted that the EEOC had proposed to revise its EEO-1 form 
to incorporate new racial and employment categories approved by OMB. It 
also noted that, when the revised EEO-1 form was released, the 
Commission would review its Form 395-B to determine what changes were 
needed to comply with the new OMB standards, and whether it could 
conform Form 395-B to those standards consistent with Section 334 of 
the Communications Act of 1934, as amended (the ``Act''). 47 U.S.C. 
334; see 2004 Order at 9978.
    With the EEOC's release of the EEO-1 incorporating revised racial 
and employment categories, the FCC's Media Bureau sought public comment 
(``Media Bureau Seeks Comment on Possible Changes to FCC Forms 395-A 
and 395-B,'' Public Notice DA 08-752, released April 11, 2008; 73 FR 
21346, April 21, 2008) (``Public Notice'') on whether to incorporate 
the EEOC's revised categories and whether such changes would be 
consistent with Section 334 of the Act. The public comment period ended 
on June 6, 2008, and the Commission has completed its review of all the 
comments and reply comments. The Commission did not receive any 
comments opposing the incorporation of the EEOC's revised categories in 
the FCC's annual employment reports.
    The Commission has concluded that the proposed changes to FCC Form 
395-B are consistent with Section 334 of the Act, which allows the FCC 
to make non-substantive technical or clerical revisions to annual 
employment reports in order to reflect changes in, inter alia, 
terminology. Because these changes do not subtract any information 
requested on the form, but rather seek more detail on race 
identification and official/manager occupations, with minor changes in 
terminology, we concluded that they are consistent with Section 334. 47 
U.S.C. 334.

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8-20143 Filed 8-28-08; 8:45 am]
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