Public Information Collection Requirement Submitted to OMB for Review and Approval, Comments Requested, 50967-50969 [E8-20143]
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
meeting, EPA will consider comments
received from the CASAC and the
public in preparing a second draft risk
and exposure assessment report. The
release of the second draft report will be
followed by another CASAC meeting
which will be announced in a future
Federal Register notice and ultimately
EPA will release a final risk and
exposure assessment document taking
into consideration comments from the
CASAC and public.
Dated: August 21, 2008.
Jennifer N. Edmonds,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. E8–20136 Filed 8–28–08; 8:45 am]
BILLING CODE 6560–50–P
OFFICE OF SCIENCE AND
TECHNOLOGY POLICY
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Notice of meeting.
SUMMARY: This notice sets forth the
schedule and summary agenda for a
meeting of the President’s Council of
Advisors on Science and Technology
(PCAST), and describes the functions of
the Council. Notice of this meeting is
required under the Federal Advisory
Committee Act (FACA).
Dates and Place: September 16, 2008,
Washington, DC. The meeting will be
held in Room 100 at the Keck Center of
the National Academies at 500 5th St.,
NW., Washington DC.
Type of Meeting: Open. Further
details on the meeting agenda will be
posted on the PCAST Web site at:
https://ostp.gov/cs/pcast/
meetings_agendas.
Proposed Schedule and Agenda: The
President’s Council of Advisors on
Science and Technology (PCAST) is
scheduled to meet in open session on
Tuesday September 16, 2008, at
approximately 9 a.m. The chairs of the
PCAST subcommittee on universityprivate sector research partnerships are
tentatively scheduled to lead a
discussion on the findings of the PCAST
study on this issue. The PCAST also is
tentatively scheduled to convene three
panels. The first panel will address
broad policy issues associated with
science and engineering education. The
second panel will explore the impact of
science policy on innovation.
Additionally, PCAST is tentatively
scheduled to have a panel providing an
update on energy-related technologies.
This session will end at approximately
4 p.m. Additional information and the
VerDate Aug<31>2005
17:32 Aug 28, 2008
Information
regarding agenda, time, and location is
available at the PCAST Web site at:
https://ostp.gov/cs/pcast/
meetings_agendas. Questions about the
meeting should be directed to PCAST
Executive Director Dr. Scott Steele at
(202) 456–6549 prior to 3 p.m. on
Friday, September 5, 2008. Please note
that public seating for this meeting is
limited and is available on a first-come,
first-served basis.
FOR FURTHER INFORMATION:
Meeting of the President’s Council of
Advisors on Science and Technology
ACTION:
final agenda will be posted at the
PCAST Web site at: https://ostp.gov/cs/
pcast/meetings_agendas.
Public Comments: There will be time
allocated for the public to speak on the
above agenda items. This public
comment time is designed for
substantive commentary on PCAST?s
work topics, not for business marketing
purposes. Please submit a request for
the opportunity to make a public
comment five (5) days in advance of the
meeting. The time for public comments
will be limited to no more than 5
minutes per person. Written comments
are also welcome at any time following
the meeting. Please notify Dr. Scott
Steele, PCAST Executive Director, at
(202) 456–6549, or fax your request/
comments to (202) 456–6040.
Jkt 214001
The
President’s Council of Advisors on
Science and Technology was
established by Executive Order 13226,
on September 30, 2001. The purpose of
PCAST is to advise the President on
matters of science and technology
policy, and to assist the President’s
National Science and Technology
Council in securing private sector
participation in its activities. The
Council members are distinguished
individuals appointed by the President
from non-Federal sectors. The PCAST is
co-chaired by Dr. John H. Marburger, III,
the Director of the Office of Science and
Technology Policy, and by E. Floyd
Kvamme, a Partner at Kleiner Perkins
Caufield & Byers.
SUPPLEMENTARY INFORMATION:
Stanley S. Sokul,
Chief of Staff and General Counsel, Office
of Science and Technology Policy.
[FR Doc. E8–20027 Filed 8–28–08; 8:45 am]
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FEDERAL COMMUNICATIONS
COMMISSION
Public Information Collection
Requirement Submitted to OMB for
Review and Approval, Comments
Requested
August 22, 2008.
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, 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
currently 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 Paperwork Reduction
Act (PRA) comments should be
submitted on or before September 29,
2008. 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 contacts listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, via Internet at
Nicholas_A._Fraser@omb.eop.gov or via
fax at (202) 395–5167 and to Cathy
Williams, Federal Communications
Commission, Room 1–C823, 445 12th
Street, SW., Washington, DC or via
Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov.
To view a copy of this information
collection request (ICR) submitted to
OMB: (1) go to the Web page https://
www.reginfo.gov/public/do/PRAMain,
(2) look for the section of the Web page
called ‘‘Currently Under Review,’’ (3)
click on the downward-pointing arrow
in the ‘‘Select Agency’’ box below the
‘‘Currently Under Review’’ heading, (4)
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50968
Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
select ‘‘Federal Communications
Commission’’ from the list of agencies
presented in the ‘‘Select Agency’’ box,
(5) click the ‘‘Submit’’ button to the
right of the ‘‘Select Agency’’ box, (6)
when the list of FCC ICRs currently
under review appears, look for the title
of this ICR (or its OMB control number,
if there is one) and then click on the ICR
Reference Number to view detailed
information about this ICR.’’
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection(s), contact Cathy
Williams at (202) 418–2918, or via
Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0095.
Title: Multi-Channel Video
Programming Distributors Annual
Employment Report.
Form Number: FCC Form 395–A.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; not-for-profit institutions.
Number of Respondents/Responses:
2,500.
Estimated Time per Response: 1 hour.
Frequency of Response:
Recordkeeping requirement; Annual
reporting requirement.
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.
Confidentiality: Whether the Form is
confidential will be determined in a
pending Commission rulemaking.
Privacy Impact Assessment: No
impact(s).
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 and requests a list of
employees by job title, indicating the job
category and full or part-time status of
the position. MVPDs, including cable
operators, with six or more full-time
employees (but Satellite Master Antenna
Television (‘‘SMATV’’) operators only if
they also serve 50 or more subscribers)
must complete Form 395–A in its
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
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 VIII 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 Equal Employment
Opportunity Commission (the ‘‘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
PO 00000
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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 has 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 has 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 subcategories. 47 U.S.C. 554.
OMB Control Number: 3060–0390.
Title: Broadcast Station Annual
Employment Report.
Form Number: FCC Form 395–B.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other forprofit entities; Not-for-profit
institutions.
Number of Respondents/Responses:
14,000.
Estimated Time per Response: 1 hour.
Frequency of Response: Annual
reporting requirement.
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.
Confidentiality: Whether the Form is
confidential will be determined in a
pending Commission rulemaking.
Privacy Impact Assessment: No
impact(s).
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
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Federal Register / Vol. 73, No. 169 / Friday, August 29, 2008 / Notices
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 its Form 395–B to
determine what changes were needed to
comply with the new OMB standards,
and whether it could conform Form
VerDate Aug<31>2005
17:32 Aug 28, 2008
Jkt 214001
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 has 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 has concluded that
the proposed changes to FCC Form 395–
B are consistent with Section 334 of the
Act, which allows the FCC to make nonsubstantive 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. E8–20143 Filed 8–28–08; 8:45 am]
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[DA 08–1862]
50969
participation in the program. The
Bureau takes this action to protect the
E-Rate Program from waste, fraud and
abuse.
DATES: Debarment commences on the
date Mr. Allan Green receives the
debarment letter or August 29, 2008,
whichever date come first, for a period
of three years.
FOR FURTHER INFORMATION CONTACT:
Rebekah Bina, Federal Communications
Commission, Enforcement Bureau,
Investigations and Hearings Division,
Room 4–C330, 445 12th Street, SW.,
Washington, DC 20554. Rebekah Bina
may be contacted by phone at (202)
418–7931 or e-mail at
Rebekah.Bina@fcc.gov. If Ms. Bina is
unavailable, you may contact Ms. Vickie
Robinson, Assistant Chief,
Investigations and Hearings Division, by
telephone at (202) 418–1420 and by email at vickie.robinson@fcc.gov.
SUPPLEMENTARY INFORMATION: The
Commission debarred Mr. Allan Green
from the schools and libraries universal
service support mechanism for a period
of three years pursuant to 47 CFR 54.8
and 47 CFR 0.111. Attached is the
debarment letter, DA 08–1862, which
had the suspension letter, DA 08–1179
attached, and was mailed to Mr. Allan
Green and released on August 7, 2008.
The complete text of the notice of
debarment is available for public
inspection and copying during regular
business hours at the FCC Reference
Information Center, Portal II, 445 12th
Street, SW., Room CY–A257,
Washington, DC 20554. In addition, the
complete text is available on the FCC’s
Web site at https://www.fcc.gov. The text
may also be purchased from the
Commission’s duplicating inspection
and copying during regular business
hours at the contractor, Best Copy and
Printing, Inc., Portal II, 445 12th Street,
SW., Room CY–B420, Washington, DC
20554, telephone (202) 488–5300 or
(800) 378–3160, facsimile (202) 488–
5563, or via e-mail https://
www.bcpiweb.com.
Notice of Debarment; Schools and
Libraries Universal Service Support
Mechanism
Federal Communications
Commission.
ACTION: Notice.
Federal Communications Commission.
Vickie Robinson,
Assistant Chief, Investigations and Hearings
Division, Enforcement Bureau.
The debarment letter, which attached
the suspension letter, follows:
AGENCY:
SUMMARY: The Federal Communications
Commission (the ‘‘Commission’’) debars
Mr. Allan Green from the schools and
libraries universal service support
mechanism (or ‘‘E-Rate Program’’) for a
period of three years based on his
conviction of conspiracy to commit mail
fraud in connection with his
PO 00000
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August 7, 2008.
DA 08–1862.
Via Certified Mail; Return Receipt
Requested and E-Mail.
Mr. Allan Green, c/o Mark Rosenbush,
Esq., Attorney at Law, 214 Duboce
Avenue, San Francisco, CA 94103.
Re: Notice of Debarment, File No. EB–
08–IH–1141.
E:\FR\FM\29AUN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 169 (Friday, August 29, 2008)]
[Notices]
[Pages 50967-50969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-20143]
=======================================================================
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Public Information Collection Requirement Submitted to OMB for
Review and Approval, Comments Requested
August 22, 2008.
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, 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 currently
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 Paperwork Reduction Act (PRA) comments should be
submitted on or before September 29, 2008. 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 contacts
listed below as soon as possible.
ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of
Management and Budget, via Internet at Nicholas_A._Fraser@omb.eop.gov
or via fax at (202) 395-5167 and to Cathy Williams, Federal
Communications Commission, Room 1-C823, 445 12th Street, SW.,
Washington, DC or via Internet at Cathy.Williams@fcc.gov or
PRA@fcc.gov.
To view a copy of this information collection request (ICR)
submitted to OMB: (1) go to the Web page https://www.reginfo.gov/public/
do/PRAMain, (2) look for the section of the Web page called ``Currently
Under Review,'' (3) click on the downward-pointing arrow in the
``Select Agency'' box below the ``Currently Under Review'' heading, (4)
[[Page 50968]]
select ``Federal Communications Commission'' from the list of agencies
presented in the ``Select Agency'' box, (5) click the ``Submit'' button
to the right of the ``Select Agency'' box, (6) when the list of FCC
ICRs currently under review appears, look for the title of this ICR (or
its OMB control number, if there is one) and then click on the ICR
Reference Number to view detailed information about this ICR.''
FOR FURTHER INFORMATION CONTACT: For additional information or copies
of the information collection(s), contact Cathy Williams at (202) 418-
2918, or via Internet at Cathy.Williams@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0095.
Title: Multi-Channel Video Programming Distributors Annual
Employment Report.
Form Number: FCC Form 395-A.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; not-for-profit
institutions.
Number of Respondents/Responses: 2,500.
Estimated Time per Response: 1 hour.
Frequency of Response: Recordkeeping requirement; Annual reporting
requirement.
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.
Confidentiality: Whether the Form is confidential will be
determined in a pending Commission rulemaking.
Privacy Impact Assessment: No impact(s).
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 and
requests a list of employees by job title, indicating the job category
and full or part-time status of the position. MVPDs, including cable
operators, with six or more full-time 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 VIII 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 Equal Employment
Opportunity Commission (the ``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 has 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 has 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.
Title: Broadcast Station Annual Employment Report.
Form Number: FCC Form 395-B.
Type of Review: Revision of a currently approved collection.
Respondents: Business or other for-profit entities; Not-for-profit
institutions.
Number of Respondents/Responses: 14,000.
Estimated Time per Response: 1 hour.
Frequency of Response: Annual reporting requirement.
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.
Confidentiality: Whether the Form is confidential will be
determined in a pending Commission rulemaking.
Privacy Impact Assessment: No impact(s).
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
[[Page 50969]]
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 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 has 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 has 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. E8-20143 Filed 8-28-08; 8:45 am]
BILLING CODE 6712-01-P
