[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 62991-62993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25189]


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FEDERAL COMMUNICATIONS COMMISSION


Notice of Public Information Collections Approved by the Office 
of Management and Budget (OMB)

October 15, 2008.
SUMMARY: The Federal Communications Commission (FCC) has received 
Office of Management and Budget (OMB) approval for the following public 
information collections pursuant to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501-3520). An agency may not conduct or sponsor a 
collection of information unless it displays a currently valid OMB 
control number, and no person is required to respond to a collection of 
information unless it displays a currently valid OMB control number. 
Comments concerning the accuracy of the burden estimates and any 
suggestions for reducing the burden should be directed to the person 
listed in the FOR FURTHER INFORMATION CONTACT section below.

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

SUPPLEMENTARY INFORMATION: 
    OMB Control Number: 3060-0095.
    OMB Approval Date: October 8, 2008.
    Expiration Date: October 31, 2011.
    Title: Multi-Channel Video Programming Distributors Annual 
Employment Report.
    Form Number: FCC Form 395-A.
    Number of Respondents/Responses: 2,500.
    Estimated Time per Response: 1 hour.
    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.
    Nature and Extent of Confidentiality: Whether the Form is 
confidential will be determined in a pending Commission rulemaking. 
Although the Form has received OMB approval, the requirement to file 
the Form, which has been suspended since January 2001, remains 
suspended until the Commission decides the issue of confidentiality.
    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 
combined and requests a list of employees by job title, indicating the 
job category. MVPDs, including cable operators, with six or more full-
time

[[Page 62992]]

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 V 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 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-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 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 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.
    OMB Approval Date: October 8, 2008.
    Expiration Date: October 31, 2011.
    Title: Broadcast Station Annual Employment Report.
    Form Number: FCC Form 395-B.
    Number of Respondents/Responses: 14,000.
    Estimated Time per Response: 1 hour.
    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.
    Nature and Extent of Confidentiality: Whether the Form is 
confidential will be determined in a pending Commission rulemaking. 
Although the Form has received OMB approval, the requirement to file 
the Form, which has been suspended since January 2001, remains 
suspended until the Commission decides the issue of confidentiality.
    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 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

[[Page 62993]]

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 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 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. E8-25189 Filed 10-21-08; 8:45 am]
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