[Code of Federal Regulations]
[Title 47, Volume 4]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 47CFR76.77]

[Page 612]
 
                       TITLE 47--TELECOMMUNICATION
 
                    CHAPTER I--FEDERAL COMMUNICATIONS
                         COMMISSION (CONTINUED)
 
PART 76_MULTICHANNEL VIDEO AND CABLE TELEVISION SERVICE--Table of Contents
 
           Subpart E_Equal Employment Opportunity Requirements
 
Sec. 76.77  Reporting requirements and enforcement.

    (a) EEO program annual reports. Information concerning a unit's 
compliance with the EEO recruitment requirements shall be filed by each 
employment unit with six or more full-time employees on FCC Form 396-C 
on or before September 30 of each year. If a multichannel video 
programming distributor acquires a unit during the twelve months covered 
by the EEO program annual report, the recruitment activity in the report 
shall cover the period starting with the date the entity acquired the 
unit.
    (b) Certification of Compliance. The Commission will use the 
recruitment information submitted on a unit's EEO program annual report 
to determine whether the unit is in compliance with the provisions of 
this subpart. Units found to be in compliance with these rules will 
receive a Certificate of Compliance. Units found not to be in compliance 
will receive notice that they are not certified for a given year.
    (c) Investigations. The Commission will investigate each unit at 
least once every five years. Employment units are required to submit 
supplemental investigation information with their regular EEO program 
annual reports in the years they are investigated. If an entity acquires 
a unit during the period covered by the supplemental investigation, the 
information submitted by the unit as part of the investigation shall 
cover the period starting with the date the operator acquired the unit. 
The supplemental investigation information shall include a copy of the 
unit's EEO public file report for the preceding year.
    (d) Records and inquiries. Employment units subject to this subpart 
shall maintain records of their recruitment activity in accordance with 
Sec. 76.75 to demonstrate whether they are in compliance with the EEO 
rules. Units shall ensure that they maintain records sufficient to 
verify the accuracy of information provided in their EEO program annual 
reports and the supplemental investigation responses required by Sec. 
76.1702 to be kept in a unit's public file. To determine compliance with 
the EEO rules, the Commission may conduct inquiries of employment units 
at random or if the Commission has evidence of a possible violation of 
the EEO rules. Upon request, employment units shall make records 
available to the Commission for its review.
    (e) Public complaints. The public may file complaints based on EEO 
program annual reports, supplemental investigation information, or the 
contents of a unit's public file.
    (f) Sanctions and remedies. The Commission may issue appropriate 
sanctions and remedies for any violation of the EEO rules.

[68 FR 692, Jan. 7, 2003]