[Federal Register: April 29, 2003 (Volume 68, Number 82)]
[Notices]
[Page 22698-22699]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29ap03-84]
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FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collection(s) being Reviewed by the
Federal Communications Commission
April 22, 2003.
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 current 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 June 30, 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 Leslie.Smith@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s) contact Les Smith at 202-418-0217 or
via the Internet at Leslie.Smith@fcc.gov.
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/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,
[[Page 22699]]
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.
OMB Control Number: 3060-0922.
Type of Review: Extension of a currently approved collection.
Title: Broadcast Mid-Term Report, FCC Form 397.
Form Number: FCC 397.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents: 4,300.
Estimated Time per Response: 0.5 hours.
Frequency of Response: Recordkeeping; mid-point reporting
requirement.
Total Annual Burden: 269 hours (one-eighth of respondents file
annually).
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 rules adopt a new version of FCC Form 397. The new EEO
rules also ensure equal employment opportunity in the broadcast and
multi-channel video program distribution industries through outreach to
the community in recruitment and prevention of employment
discrimination. The new version of FCC Form 397 is filed only once at
the mid-point of the eight-year license term of television licensees,
with five or more full-time employees, and radio licensees, with eleven
or more full-time employees. Licensees must certify that they have
complied with the FCC's EEO rules during the period prior to the date
of the Mid-Term Report and must include copies of EEO reports that are
required to be placed in the licensees' local public file for the prior
two years.
OMB Control Number: 3060-1033.
Type of Review: Extension of a currently approved collection.
Title: Multi-Channel Video Program Distributor EEO Program Annual
Report, FCC Form 396-C.
Form Number: FCC 396-C.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents: 2,200.
Estimated Time per Response: 10 mins. to 2.5 hrs.
Frequency of Response: Recordkeeping; annual and five-year
reporting requirements.
Total Annual Burden: 3,188 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 the
broadcast and multi-channel video program distribution (MVPD)
industries through outreach to the community in recruitment and
prevention of employment discrimination. In addition, the Second R&O
combined previous FCC Forms 395-A and 395-M, which requested
substantially the same information. The FCC adopted new Form 396-C,
which is substantially the same as those portions of FCC 395-A and 395-
M that sought data about the MVPD's compliance with EEO program
requirements, but it omits those portions of the prior forms that
sought workforce data. All MVPDs with six or more full-time employees
must file an EEO report annually in the public file detailing their
outreach efforts and the results for the prior year, as part of the in-
depth MVPD investigation conducted once every five years.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-10520 Filed 4-28-03; 8:45 am]
BILLING CODE 6712-01-P