[Code of Federal Regulations]

[Title 47, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 47CFR76.77]



[Page 585-586]

 

                       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



[[Page 586]]



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]