Notice of Public Information Collections Approved by the Office of Management and Budget (OMB), 62991-62993 [E8-25189]
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
collection(s). 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.
An agency may not conduct or sponsor
a collection of information unless it
displays a currently valid OMB 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 that does not
display a valid OMB control number.
DATES: Written PRA comments should
be submitted on or before November 21,
2008. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Submit your comments to
Nicholas A. Fraser, Office of
Management and Budget (e-mail
address: nfraser@omb.eop.gov), and to
the Federal Communications
Commission’s PRA mailbox (e-mail
address: PRA@fcc.gov). Include in the
emails the OMB control number of the
collection as shown in the
SUPPLEMENTARY INFORMATION section
below or, if there is no OMB control
number, the Title as shown in the
SUPPLEMENTARY INFORMATION section. If
you are unable to submit your
comments by email contact the person
listed below to make alternate
arrangements.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Jerry
Cowden via e=mail at PRA@fcc.gov or at
202–418–0447. To view or obtain a copy
of an information collection request
(ICR) submitted to OMB: (1) Go to this
OMB/GSA 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)
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, and (6)
when the list of FCC ICRs currently
under review appears, look for the OMB
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control number of the ICR you want to
view (or its title if there is no OMB
control number) and then click on the
ICR Reference Number. A copy of the
FCC submission to OMB will be
displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0204.
Title: Special Eligibility Showings for
Authorizations in the Public Safety Pool
(47 CFR 90.20(a)(2)(v) and
90.20(a)(2)(xi)).
Form Number: Not applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Individuals and
businesses.
Number of Respondents and
Responses: 220 respondents; 220
responses.
Estimated Time per Response: 0.686
hour (range of 3 minutes to 45 minutes).
Frequency of Response: One-time
reporting requirement.
Obligation to Respond: Required to
obtain or retain benefits.
Total Annual Burden: 151 hours.
Total Annual Cost: None.
Privacy Act Impact Assessment: The
information collection in 47 CFR
90.20(a)(2)(v) affects individuals, and
there is a system of records that covers
it (FCC/WTB–1, Wireless Services
Licensing Records).
Nature and Extent of Confidentiality:
Requests to withhold information
submitted to the Commission from
public inspection will be treated in
accordance with section 0.459 of the
Commission’s rules.
Needs and Uses: The Commission
collects this information to ensure that
certain non-governmental applicants
applying for the use of frequencies in
the Public Safety Pool meet the
eligibility criteria set forth in the
Commission’s rules. The collection is
being revised to consolidate under one
OMB control number two information
collections that were previously under
separate OMB control numbers.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E8–25188 Filed 10–21–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collections Approved by the Office of
Management and Budget (OMB)
October 15, 2008.
SUMMARY: The Federal Communications
Commission (FCC) has received Office
PO 00000
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Fmt 4703
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62991
of Management and Budget (OMB)
approval for the following public
information collections pursuant to the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520). An agency may not
conduct or sponsor a collection of
information unless it displays a
currently valid OMB control number,
and no person is required to respond to
a collection of information unless it
displays a currently valid OMB control
number. Comments concerning the
accuracy of the burden estimates and
any suggestions for reducing the burden
should be directed to the person listed
in the FOR FURTHER INFORMATION
CONTACT section below.
FOR FURTHER INFORMATION CONTACT: For
additional information contact Cathy
Williams, via the Internet at
PRA@fcc.gov or on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0095.
OMB Approval Date: October 8, 2008.
Expiration Date: October 31, 2011.
Title: Multi-Channel Video
Programming Distributors Annual
Employment Report.
Form Number: FCC Form 395–A.
Number of Respondents/Responses:
2,500.
Estimated Time per Response: 1 hour.
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.
Nature and Extent of Confidentiality:
Whether the Form is confidential will
be determined in a pending Commission
rulemaking. Although the Form has
received OMB approval, the
requirement to file the Form, which has
been suspended since January 2001,
remains suspended until the
Commission decides the issue of
confidentiality.
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 combined and requests a list
of employees by job title, indicating the
job category. MVPDs, including cable
operators, with six or more full-time
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62992
Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
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 V 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 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–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
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Jkt 217001
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 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 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.
OMB Approval Date: October 8, 2008.
Expiration Date: October 31, 2011.
Title: Broadcast Station Annual
Employment Report.
Form Number: FCC Form 395–B.
Number of Respondents/Responses:
14,000.
Estimated Time per Response: 1 hour.
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.
Nature and Extent of Confidentiality:
Whether the Form is confidential will
be determined in a pending Commission
rulemaking. Although the Form has
received OMB approval, the
requirement to file the Form, which has
been suspended since January 2001,
remains suspended until the
Commission decides the issue of
confidentiality.
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
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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
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
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Federal Register / Vol. 73, No. 205 / Wednesday, October 22, 2008 / Notices
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 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 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. E8–25189 Filed 10–21–08; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Submitted for
Review to the Office of Management
and Budget
sroberts on PROD1PC70 with NOTICES
October 17, 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(s), as
required by the Paperwork Reduction
Act (PRA) of 1995, 44 U.S.C. 3501–3520.
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Jkt 217001
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 November 21,
2008. If you anticipate that you will be
submitting PRA comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the FCC contact listed below as
soon as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget, (202) 395–
5887, or via fax at 202–395–5167 or via
internet at
Nicholas_A._Fraser@omb.eop.gov and
to Judith-B. Herman@fcc.gov, Federal
Communications Commission, or an email to PRA@fcc.gov. To view a copy of
this information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://reginfo.gov/public/do/
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review’’, (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) 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, and (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 Judith
B. Herman at 202–418–0214 or via the
Internet at Judith-B.Herman@fcc.gov.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0511.
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62993
Title: ARMIS Access Report.
Report No.: FCC Report 43–04.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents: 76
respondents; 76 responses.
Estimated Time per Response: 153
hours.
Frequency of Response: Annual
reporting requirement.
Obligation to Respond: Mandatory.
Statutory authority for this information
collection is contained in 47 U.S.C. 161,
219(b) and 220 of the Communications
Act of 1934, as amended.
Total Annual Burden: 11,628 hours.
Total Annual Cost: N/A.
Privacy Act Impact Assessment: N/A.
Nature and Extent of Confidentiality:
Ordinarily, questions of a sensitive
nature are not involved in the ARMIS
43–04 Access Report. The Commission
contends that areas in which detailed
information is required are fully subject
to regulation and the issue of data being
regarded as sensitive will arise on
special circumstances only. In such
circumstances, the Commission
instructs the respondent on the
appropriate procedures to follow to
safeguard sensitive data. Respondents
may request confidential treatment of
their documents under 47 CFR 0.459 of
the Commission’s rules.
Needs and Uses: The Federal
Communications Commission is
submitting this information collection
(IC) to the OMB as an extension during
this comment period to obtain the full
three-year clearance from them. The
Commission is reporting a ¥918 burden
hour reduction (adjustment). This
adjustment is due to fewer respondents
(from 82 to 76 from the last time this
information collection was submitted to
the OMB). Therefore, the total annual
burden hours are now estimated at
11,628 hours.
The Automated Reporting
Management Information System
(ARMIS), Report 43–04, Access Report
provides jurisdictional separations and
access charge data by Part 36 category
of the Commission’s rules and
regulations. The ARMIS Report 43–04
monitors revenue requirements, joint
cost allocations, jurisdictional
separations and access charges.
Note: The Commission in its Memorandum
Opinion and Order, WC Docket Nos. 07–21
and 05–342, 23 FCC Rcd 7302, released April
24, 2008, granted AT&T’s petition for
forbearance, finding conditionally that
AT&T, as a price cap carrier generally not
subject to rate-of-return regulation, has
demonstrated that forbearance from enforcing
the Cost Assignment Rules satisfies the
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]]>Agencies
[Federal Register Volume 73, Number 205 (Wednesday, October 22, 2008)]
[Notices]
[Pages 62991-62993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25189]
-----------------------------------------------------------------------
FEDERAL COMMUNICATIONS COMMISSION
Notice of Public Information Collections Approved by the Office
of Management and Budget (OMB)
October 15, 2008.
SUMMARY: The Federal Communications Commission (FCC) has received
Office of Management and Budget (OMB) approval for the following public
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501-3520). An agency may not conduct or sponsor a
collection of information unless it displays a currently valid OMB
control number, and no person is required to respond to a collection of
information unless it displays a currently valid OMB control number.
Comments concerning the accuracy of the burden estimates and any
suggestions for reducing the burden should be directed to the person
listed in the FOR FURTHER INFORMATION CONTACT section below.
FOR FURTHER INFORMATION CONTACT: For additional information contact
Cathy Williams, via the Internet at PRA@fcc.gov or on (202) 418-2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060-0095.
OMB Approval Date: October 8, 2008.
Expiration Date: October 31, 2011.
Title: Multi-Channel Video Programming Distributors Annual
Employment Report.
Form Number: FCC Form 395-A.
Number of Respondents/Responses: 2,500.
Estimated Time per Response: 1 hour.
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.
Nature and Extent of Confidentiality: Whether the Form is
confidential will be determined in a pending Commission rulemaking.
Although the Form has received OMB approval, the requirement to file
the Form, which has been suspended since January 2001, remains
suspended until the Commission decides the issue of confidentiality.
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
combined and requests a list of employees by job title, indicating the
job category. MVPDs, including cable operators, with six or more full-
time
[[Page 62992]]
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 V 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 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-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 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 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.
OMB Approval Date: October 8, 2008.
Expiration Date: October 31, 2011.
Title: Broadcast Station Annual Employment Report.
Form Number: FCC Form 395-B.
Number of Respondents/Responses: 14,000.
Estimated Time per Response: 1 hour.
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.
Nature and Extent of Confidentiality: Whether the Form is
confidential will be determined in a pending Commission rulemaking.
Although the Form has received OMB approval, the requirement to file
the Form, which has been suspended since January 2001, remains
suspended until the Commission decides the issue of confidentiality.
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 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
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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 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 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. E8-25189 Filed 10-21-08; 8:45 am]
BILLING CODE 6712-01-P
