Notice of Inquiry Regarding Broadcast and Cable Television EEO Rules and Policies

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 1, 73 and 76

[MM Docket No. 94-34, FCC 94-103]

Notice of Inquiry Regarding Broadcast and Cable Television EEO

Rules and Policies

AGENCY: Federal Communications Commission.

ACTION: Proposed rule; notice of inquiry.

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SUMMARY: This Notice of Inquiry in MM Docket No. 94-34 seeks comment on

the Commission's current equal employment opportunity (EEO) rules and

policies, and proposals for changes in promoting equality of employment

opportunity and promotion opportunity in the cable, broadcast, and

other telecommunications industries. This proceeding is initiated in

order to assist the Commission in complying with section 22(g) of the

Cable Television Consumer Protection and Competition Act of 1992, which

requires the Commission to file a report to Congress on the

effectiveness of its EEO policies.

DATES: Initial comments due May 23, 1994; reply comments due June 7,

1994.

ADDRESSES: Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Hope G. Cooper, Mass Media Bureau,

Enforcement Division. (202) 632-7069.

SUPPLEMENTARY INFORMATION: This is a synopsis of the Notice of Inquiry

in MM Docket No. 94-34, FCC 94-103, adopted April 20, 1994, and

released April 21, 1994. The complete text of this Notice of Inquiry is

available for inspection and copying during normal business hours in

the FCC Reference Center (room 239), 19919 M Street, NW., Washington,

DC, and may also be purchased from the Commission's copy contractor,

International Transcription Service, at (202) 857-3800, 2100 M Street,

NW., suite 140, Washington, DC 20037.

Synopsis of Notice of Inquiry

1. To assist the Commission in implementing section 22(g) of the

Cable Television Consumer Protection and Competition Act of 1992, which

requires the Commission to file a report to Congress on the

effectiveness of its EEO policies, the Commission adopted a notice of

inquiry. This notice of inquiry outlines the Commission's broadcast and

cable EEO rules, policies and procedures; suggests proposals for

changes to these rules; and invites comments on ways that the

Commission can more efficiently enforce these rules. To focus the

comments the Commission has set forth a number of areas where changes

might be considered.

2. The Commission asks how its EEO policies can reflect the

concerns of broadcasters who indicate difficulties in meeting EEO

requirements due to their location in small markets. The Commission

seeks information concerning how ``small market broadcasters'' should

be defined and what process should be implemented to identify such

broadcasters.

3. The Commission asks if there is a way to decrease any

administrative burdens placed on broadcasters by the Commission without

decreasing the effectiveness of the Commission's broadcast EEO

enforcement. The Commission's primary focus is on full-time hires and

employment. The Commission seeks comment as to whether the requirement

for efforts documentation of part-time hires should be eliminated for

all broadcasters. The Commission seeks comment as to whether its

inquiry letters should be revised to request information for the entire

license term or for some other period to time instead of the three

years of information that is presently asked for. It also seeks comment

as to whether to supplement its renewal inquiry procedures by

conducting on-site audits. The Commission seeks comment on possible

revisions to the Broadcast Renewal Application which presently asks for

examples of recruitment sources contacted, the number of female and

minority referrals received from recruitment sources and the number of

overall as well as upper-level hires occurring during the 12-month

period prior to filing the application. These revisions include

requesting information for only full-time hires, requesting that the

information required by the form be divided by full and part-time hires

and requesting more detailed recruitment and hiring information. The

Commission also requests comment on revising the Broadcast Station

Annual Employment Report to request information be collected for the

same 15 job categories as is now required for cable operators and

multichannel video programming distributors (MVPDs).

4. The Commission requests comment as to whether broadcasters

should be required to encourage minority and female entrepreneurs to

conduct business with all parts of their operation given that the

Commission already requires cable operators and MVPDs to do so. Given

that the Commission now gives credit to broadcasters and cable

operators for using minority/female sources and/or obtaining minority/

female referrals with other licensees and cable operators,

respectively, the Commission seeks comment as to what it can do to

encourage joint recruitment efforts by licensees and joint recruitment

efforts by licensees and joint recruitment efforts by cable operators.

5. The Commission asks if its broadcast and cable EEO enforcement

is adequate regarding the promotion and retention of minority and

female employees and, if not, to what extent should changes be made.

6. The Commission asks if there is a way to decrease any

administrative burdens placed on a cable operators by the Commission

without decreasing the effectiveness of the Commission's cable EEO

enforcement. It asks for comment on the job title information and

information regarding 15 job categories required in the Cable

Television Annual Employment Reports. It also seeks comment on whether

it should require cable operators to maintain certain types of records

about their recruitment efforts for a specified period of time. It

seeks comment on its present method for selection cable audit

locations. This method is to select a region of the country based on

such factors as the concentration of minorities in the available labor

force and the number of employment units in the area and then review

Cable Television Annual Employment Reports of units in that area that

fall below the processing guidelines and/or have employment

discrepancies. The Commission also seeks comment on whether the

remedies and sanctions available to redress violations of the cable EEO

rules, which include admonishment, reporting conditions, forfeitures

and suspension of the cable antenna real service license, are adequate.

If not, the Commission asks what other remedies and sanctions Congress

might provide in order to enforce the cable EEO rules, particularly

with respect to furthering the congressional goal of increased

opportunities for minorities and women in managerial positions.

7. The Commission seeks comment as to how it can better enable

cable operators and MVPDs to meet their EEO goals and as to how it can

better inform cable operators, MVPDs and the public about their EEO

obligations.

8. The Commission seeks comment on all of the foregoing as well as

the appropriate application and enforcement of its EEO policies in

connection with new and Emerging communication technologies.

Administrative Matters

Ex Parte: This is a non-restricted proceeding subject to 47 CFR

Sec. 1.1206(b)(2).

Comments. Interested parties may file comments on or before May 23,

1994, and reply comments on or before June 7, 1994.

List of Subjects

47 CFR Part 1

Non-restricted proceedings, Radio.

47 CFR Part 73

Television and radio broadcasting, Equal employment opportunity,

Reporting and recordkeeping requirements.

47 CFR Part 76

Equal employment opportunity, Reporting and recordkeeping

requirements.

Federal Communications Commission.

William F. Caton,

Acting Secretary.

[FR Doc. 94-10792 Filed 5-4-94; 8:45 am]

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