FCC Web Documents citing 73.2080

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1046A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1046A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-03-1046A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-1046 March 31, 2003 MEDIA BUREAU ACTION Interim Policy Concerning Placement of Equal Employment Opportunity Public File Report in a Broadcaster's Public File MM Docket No. 98-204 By this Public Notice the Media Bureau establishes an interim policy concerning the enforcement of the requirement of the Equal Employment Opportunity (``EEO'') rule - Section 73.2080 - that a broadcaster that is part of an employment unit with five or more full-time employees place information concerning its EEO efforts in its public file and on its web site, if it has one. See Section 73.2080(c)(6). Pursuant to that provision, the information is required to be placed in the station's public file on the anniversary of the
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � DA 04-1536 Released: May 28, 2004 FCC BEGINS EEO AUDITS On May 28, 2004, the Federal Communications Commission (FCC) began mailing the first of its Equal Employment Opportunity (EEO) audit letters to randomly selected broadcast stations and multi-channel video program distributors (MVPDs). In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC will audit the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all licensees and MVPDs will be selected. . A list of the stations and MVPDs to which this group of letters were sent is also available on the website. Audit letters will be
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit May 28, 2004 Dear Station Manager: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules (a copy of which is attached), your employment unit has been randomly selected for an audit of its EEO program. 2. If your unit is not required to have an EEO recruitment program due to its size (employing fewer than five full-time employees, defined as employees regularly assigned to work 30 hours
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 04-3304 Released: October 19, 2004 FCC CONTINUES EEO AUDITS On October 7, 2004, the Federal Communications Commission (FCC) began mailing the last of its Equal Employment Opportunity (EEO) audit letters for 2004 to randomly selected broadcast stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video program distributors (MVPDs). The FCC has already completed its 2004 audit of randomly selected MVPDs. Each year, approximately five percent of all licensees and MVPDs are selected for random EEO audits. . Audit letters will be mailed to
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-1654 Released: June 14, 2005 FCC CONTINUES EEO RANDOM AUDITS On June 10, 2005, the Federal Communications Commission (FCC) began mailing the second of its Equal Employment Opportunity (EEO) audit letters for 2005 to randomly selected broadcast stations and multi-channel video programming distributors (MVPDs). In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all stations and MVPDs are selected for random EEO audits. A list of the stations and MVPDs to which audit letters were sent is attached. Audit letters will be mailed to additional broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2345A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2345A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2345A1.txt
  • ) Facility ID Nos. 36917 & 4144 NAL/Acct. No. 0541100001 FRN: 0011294410 & 0011294444 Notice of Apparent Liability for Forfeiture Adopted: August 24, 2005 Released: August 26, 2005 By the Acting Chief, Media Bureau: 1. On March 7, 2005, the above employment unit was audited for compliance with the Federal Communications Commission�s Equal Employment Opportunity (EEO) rule, 47 C.F.R. � 73.2080. The unit submitted its audit response on April 29, 2005. 2. Our review shows that during the reporting periods at issue (March 10, 2003, through October 1, 2003, and October 1, 2003, through September 30, 2004), the unit failed to recruit for 11 of its 51 vacancies, as required by 47 C.F.R. � 73.2080(c)(1), and did not claim exigent circumstances
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-2541 Released: September 30, 2005 FCC CONTINUES EEO AUDITS On September 29, 2005, the Federal Communications Commission (FCC) began mailing the third of its Equal Employment Opportunity (EEO) audit letters for 2005 to randomly selected radio stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all licensees and MVPDs are selected for random EEO audits. A list of the radio stations to which audit letters were sent is attached. The Commission has completed mailing
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3119A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3119A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-3119A1.txt
  • that a TV issues/programs list is to be placed in a commercial TV broadcast station's public inspection file each calendar quarter. Section 73.3526 also requires licensees to place records concerning commercial limits, Children's Television Programming Reports, and TV issues/programs lists for each quarter in the station's public inspection file by the tenth day of the succeeding calendar quarter. Moreover, Section 73.2080(c)(6) provides that an EEO public file report is to be placed in a commercial TV broadcast station's public inspection file annually, on the anniversary of the date its renewal application is due to be filed. Where lapses occur in maintaining the public file, neither the negligent acts nor omissions of station employees or agents, nor the subsequent remedial actions undertaken
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  • Bureau: 1. The Media Bureau has before it the license renewal applications of KZBA Licensing, Inc., KZAB Licensing, Inc., KLAX Licensing, Inc., and KXOL Licensing, Inc. for broadcast stations KDAY(FM), Redondo Beach, California; KDAI(FM), Ontario, California; and KLAX(FM) and KXOL (FM), Los Angeles, California. The applications note that the four stations comprise an employment unit, defined in 47 C.F.R. � 73.2080 (c)(1)(i) as a station or a group of commonly owned stations in the same market that share at least one employee. The Commission's review of the renewal applications included a review of the EEO public file reports attached to FCC Form 396, the Broadcast Equal Opportunity Program Report, filed by the licensees for the above stations. On an FCC Form
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  • application was not timely filed. The Media Bureau also has before it the results of a review of the stations' EEO public file reports for compliance with the Commission's equal employment opportunities (``EEO'') rule. For the reasons set forth below, we issue a Notice of Apparent Liability in the amount of $9,500 to Viper for violation of Sections 73.3539 and 73.2080 of the Commission's rules, and we grant the KRMS(AM) and KRMS-FM license renewal applications. 2. Section 73.3539 Violation. Viper's renewal application for the current KRMS-FM license term was due on October 1, 2004, four months prior to the February 1, 2005 expiration date. The application was not filed until December 30, 2004. Viper explains that it did not timely file
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-636A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-636A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-636A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 05-636 Released: March 11, 2005 FCC CONTINUES EEO AUDITS On March 7, 2005, the Federal Communications Commission (FCC) began mailing the first of its Equal Employment Opportunity (EEO) audit letters for 2005 to randomly selected broadcast stations and multi-channel video programming distributors (MVPDs). In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all licensees and MVPDs are selected for random EEO audits. A list of the stations and MVPDs to which audit letters were sent is attached. Audit letters will be mailed to additional broadcast
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1138A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1138A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1138A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-1138 Released: June 8, 2006 FCC CONTINUES EEO AUDITS On June 7, 2006, the Federal Communications Commission (FCC) mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2006 to randomly selected radio and television stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all stations and MVPDs are selected for random EEO audits. A list of the radio and television stations to which audit letters were sent is attached. Media Bureau Contact:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-1551A1.txt
  • of Radio, Report and Order, 84 F.C.C.2d 968, 977 (1981), on recon., 87 F.C.C.2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. FCC, 707 F.2d 1413 (D.C. Cir. 1983) (``Radio Deregulation''); see also Broadcast Localism (Notice of Inquiry), 19 FCC Rcd 12425, 12429 (2004) (``Broadcast Localism''). See 47 C.F.R. � 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. �� 1.1307(b) and 1.1310. See
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  • of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that New Northwest Broadcasters LLC (the ``Licensee''), licensee of Stations KFAT(FM), Anchorage, Alaska; KRPM(FM), Houston, Alaska; and KDBZ(FM), Anchorage, Alaska (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(3) and 73.2080(c)(5)(iii) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, recruitment source, self-assessment, and recordkeeping requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of twelve thousand dollars ($12,000). For the reasons noted
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2006A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2006A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-2006A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-2006 Released October 11, 2006 FCC CONTINUES EEO AUDITS On October 10, 2006, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2006. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all stations and MVPDs are selected for these random EEO audits. A list of the MVPD units to which these October 10 audit letters were sent is attached. Media Bureau
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-248A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-248A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-06-248A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 06-248 Released: February 1, 2006 FCC CONTINUES EEO AUDITS On January 30, 2006, the Federal Communications Commission (FCC) began mailing the first of its Equal Employment Opportunity (EEO) audit letters for 2006 to randomly selected radio and television stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all licensees and MVPDs are selected for random EEO audits. A list of the radio and television stations to which audit letters were sent is attached. Media Bureau Contact:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-129A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-129A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-129A1.txt
  • 1145, 1146 n.2 (D.C. Cir 1974). Sale Order at 4. Id. See supra nn.15-16 and accompanying text. Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15708 (1998). Opposition to and/or Motion to Dismiss Petition to Deny at 8. 47 C.F.R. � 73.2080(c)(6). 47 C.F.R. � 73.2080(d). 47 C.F.R. �� 73.151 and 73.154. Opposition to Litton Petition to Deny Assignment Applications at 11. Id., Exhibit C at 3-4. Id. at 3. Opposition to and/or Motion to Dismiss Petition to Deny at 11; Exhibit B at 2. See D.H Overmyer, Memorandum Opinion and Order, 94 FCC 2d 117, 123 (1983) (challenges to the appointment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-2074 Released: May 16, 2007 Filing Procedures for Broadcast EEO Mid-Term Report (FCC Form 397) To enable the Commission's staff to conduct its mid-term review of the Equal Employment Opportunity (``EEO'') practices of its broadcast licensees, the Commission's EEO rules and policies, including Section 73.2080(f)(2) of the Commission's Rules, require that, where a radio station is part of an employment unit with more than ten full-time employees or a television station is part of a unit with five or more full-time employees, its unit must file with the Commission an FCC Form 397, the EEO Form entitled ``Broadcast Mid-Term Report.'' The Form seeks certain information
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  • 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). Letter from Lewis Pulley, Chief, EEO Staff, Policy Division, Media Bureau, Federal Communications Commission to Union County Broadcasting Co., Inc. (July 14, 2004), citing 47 C.F.R. � 73.2080 (the ``EEO LOI''). Letter from J.B. Crawley to Lewis Pulley, Chief, EEO Staff, Policy Division, Media Bureau, Federal Communications Commission (Aug. 2, 2004) (the ``LOI Response''). Although the August 9 Petition references ``WMSK-AM'' in its first paragraph, it does not list the file number of or discuss the WMSK(AM) Application. August 9 Petition at 1. File No. BMPH-20040116ADB, granted by
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2553A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2553A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2553A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-2553 Released: June 13, 2007 FCC CONTINUES EEO AUDITS On June 12, 2007, the Federal Communications Commission (FCC) mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2007 to randomly selected radio and television stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all stations and MVPDs are selected for random EEO audits. A list of the radio and television stations to which audit letters were sent is attached. News Media Contact:
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2733A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2733A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-2733A1.txt
  • File No. B396-20060927ABP, Section III and October 18, 2006 telephone call between Stacy E. Murray, HR Assistant, RCN and EEO Staff, Media Bureau, FCC. See FCC File No. B396-20061215AAR. See December 14, 2006 letter to Lewis Pulley, Assistant Chief, Policy Division, Media Bureau, FCC, from Ken Conrad, Vice President, HR, RCN. See 47 C.F.R. � 76.75(b)(1). See 47 C.F.R. � 73.2080(c)(1)(i). See also, Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, MM Docket No. 98-204, Second Report and Order and Third Notice of Proposed Rulemaking, 17 FCC Rcd 24018, 24047, �86 (2002), recon. pending. Id. New Northwest Broadcasters LLC, Memorandum Opinion and Order and Notice of Apparent Liability, 21 FCC Rcd 10748, 10749 (2006) (forfeiture paid).
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  • the St. Cloud Tech College Job Fair, explaining that it reviewed r�sum�s and tapes that it had collected at that job fair, which took place a few months before the position came open. While Neidhardt does not allege a specific EEO Rule violation (and Licensee fails to cite to a specific Rule in its Opposition), the pertinent Rule is Section 73.2080(c)(6). That Rule requires a broadcast station to place an annual report in its public file which includes, among other things: (1) a list of all full-time vacancies filled by the station's employment unit during the preceding year, identified by job title; and (2) the recruiting sources used to fill each such vacancy. Based on the record before us, we find
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-391A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-391A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-391A1.txt
  • 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that Three Trees Communications, Inc. (the ``Licensee''), licensee of Stations WJYF(FM), Nashville, Georgia; WTIF(AM), Tifton, Georgia; and WTIF-FM, Omega, Georgia (collectively, the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(2), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') initiatives, self-assessment, record keeping, and public file requirements, and its broadcast public inspection file rule. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-393A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-393A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-393A1.txt
  • 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that Inland Empire Broadcasting Corporation, licensee of Station KOLA(FM), San Bernardino, California, and SBR Broadcasting Corporation, licensee of Station KCAL-FM, Redlands, California (collectively, the ``Licensees'' and the ``Stations,'' respectively), each apparently willfully and repeatedly violated Sections 73.2080(c)(1) and 73.2080(c)(3) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment and self-assessment requirements. Based upon our review of the facts and circumstances before us, we conclude that each of the Licensees is apparently liable for a monetary forfeiture in the amount of five thousand dollars ($5,000). We also impose reporting conditions on both
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-394A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-394A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-394A1.txt
  • 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that Liberman Television of Dallas License Corp. (the ``Licensee''), licensee of Station KMPX(TV), Decatur, Texas (the ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(1)(ii), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, notification, self-assessment, record keeping, public file, data, and information requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-396A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-396A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-396A1.txt
  • to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau pursuant to authority delegated under Section 0.283 of the Rules, we find that Waitt Omaha, LLC (the ``Licensee''), licensee of Station KQKQ-FM, Council Bluffs, Iowa (the ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules, by failing to comply with the self-assessment, record keeping, recruitment source information, interviewee information, and public file requirements of the Commission's Equal Employment Opportunity (``EEO'') Rules. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-399A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-399A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-07-399A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 07-399 Released: February 12, 2007 FCC CONTINUES EEO AUDITS On February 8, 2007, the Federal Communications Commission (FCC) mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2007 to randomly selected radio and television stations. In accordance with the provisions of 47 C.F.R. �� 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all stations and MVPDs are selected for random EEO audits. A list of the radio and television stations to which audit letters were sent is attached. Media Bureau Contact:
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  • from volunteering'' due to alleged personality conflicts with the Station's former manager. Id. Id. at 5. Opposition at 6. Id. Licensee further asserts that the Station received ``no complaints filed before any body having competent jurisdiction ... alleging unlawful discrimination in the employment practices of the Station.'' Id. Opposition at 3. Id. FCC File No. B396-20050531BBE. See 47 C.F.R. � 73.2080(d). See 47 U.S.C. � 309(d)(1); Area Christian Television, Inc., supra. See Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, Second Report and Order and Third Notice of Proposed Rule Making, 17 FCC Rcd 24018, 24036 (2002); see also Letter to J.B. Crawley and Mr. Martin Hensley, 22 FCC Rcd 10285, 10291 (MB 2007) (discrimination allegation
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit , DA 07-4152 Released October 5, 2007 FCC CONTINUES EEO AUDITS On October 4, 2007, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2007. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notices, DA 07-399, released February 12, 2007, and DA 07-2553, released June 13, 2007, the
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  • be accepted for filing unless accompanied by an appropriate request for waiver of the electronic filing requirement. Users can access the electronic filing system via the Internet from the Media Bureau's website at http://www.fcc.gov/mb/cdbs.html. To enable the Commission's staff to conduct its mid-term review of the EEO practices of its broadcast licensees, the Commission's EEO rules and policies, including Section 73.2080(f)(2) of those rules, require that, where a radio station is part of an employment unit with more than ten full-time employees or a television station is part of a unit with five or more full-time employees, its unit must file FCC Form 397. The Form seeks certain information about the stations that comprise the unit and identification of the person
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-1167 Released: May 16, 2008 Television Station Filing Procedures for Broadcast EEO Mid-Term Report (FCC Form 397) To enable the Commission's staff to conduct its mid-term review of the Equal Employment Opportunity (``EEO'') practices of its broadcast licensees, the Commission's EEO rules and policies, including Section 73.2080(f)(2) of those rules, require that, for television stations, where a station is part of an employment unit with five or more full-time employees, its unit must file with the Commission an FCC Form 397 ``Broadcast Mid-Term Report.'' The Form seeks certain information about the stations that comprise the unit and identification of the person responsible for EEO matters, and requires
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  • (``EEO'') public file reports that were outdated. Radio One owns and/or operates 70 broadcast stations located in 22 markets in the United States. You reported in your complaint that the EEO public file reports accessible on the Radio One station websites were not current: none was for a year later than 2004. The Commission's rules require at 47 C.F.R. � 73.2080(c)(6) that each broadcast station place its EEO public file report annually in the station's public file, and on its website if it has one, on the anniversary of the date the station is due to file its renewal application. The Commission's initial investigation of your complaint revealed that the Radio One station websites each contained a common link to EEO
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  • with an intent to deceive the Commission). Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules, Second Report and Order and Third Notice of Proposed Rule Making, 17 FCC Rcd 24018 (2002) (``Second Report and Order''). Opposition at 8 and Declaration of [Route 81 Board of Managers Member] David W. Unger at � 3. See 47 C.F.R. � 73.2080. See Neely, supra. 47 U.S.C. � 309(k); 47 C.F.R. �� 0.61, 0.283. Federal Communications Commission Washington, D.C. 20554 January 3, 2008 h� h� h� ) 9 > C S X ` ' `` � � � � � � � � � � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� -
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2222A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2222A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-2222A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-2222 Released: October 8, 2008 FCC CONTINUES EEO AUDITS On October 7, 2008, the Federal Communications Commission mailed the second set of its Equal Employment Opportunity (EEO) audit letters for 2008. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notice DA 08-787, released April 3, 2008, the Media Bureau announced its mailing of similar
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  • formerly KRIG(AM), Odessa, TX (Fac. ID # 12080) KZBT(FM), formerly KBAT(FM), Midland, TX (Fac. ID # 35880) Dear Mr. Denning: By letter dated March 7, 2005, to Cumulus Licensing LLC (``Cumulus''), licensee of the above-noted stations, the employment unit containing the stations was randomly audited for compliance with the Federal Communications Commission's Equal Employment Opportunity (EEO) Rule, 47 C.F.R. � 73.2080. Cumulus submitted its audit response on April 6, 2005. Our review of the Cumulus response shows that, for the April 1, 2003 -March 31, 2004 reporting period, the EEO public file report for the employment unit containing the stations failed to list the total number of interviewees and the number of interviewees referred by each of the unit's recruitment sources
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  • P.O. Box 778 1110 East Wausau Avenue Wausau, Wisconsin 54402 Re: WXCO(AM), Wausau, WI (Fac. ID # 59611) Dear Mr. Seehafer: We have completed our review of the response of Seehafer Broadcasting Corporation (``Seehafer'') to the October 7, 2004 random audit letter sent to it in connection with its above-noted station, in accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules. The EEO public file reports attached to the response listed two full-time hires by Seehafer between March 10 and July 31, 2003 (``2003 period''), and three full-time hires between August 1, 2003, and July 31, 2004 (``2004 period''). The only recruitment source used by Seehafer for four openings was a website, allaccess.com.
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  • Ft. Plain, NY (Fac. ID # 72625) WVTL(AM), Amsterdam, NY (Fac. ID # 72624) Dear Mr. Hayes: By letter dated March 7, 2005, to your client, Roser Communications Network, Inc. (``Roser''), licensee of the above-noted stations, the employment unit containing the stations was randomly audited for compliance with the Federal Communications Commission's Equal Employment Opportunity (EEO) rule, 47 C.F.R. � 73.2080. Roser submitted its audit response on May 10, 2005, including the stations' EEO Public Inspection File Reports for the periods from March 10, 2003, through February 1, 2004 (``2004 report'') and from February 1, 2004, through February 1, 2005 (``2005 report''). Our review of Roser's audit response and its reply to our supplemental inquiry reveals that Roser failed to complete
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  • DC 20554. Your complaint should identify what Commission EEO requirements were violated and include the specific basis for that allegation. For your convenience, we are enclosing a copy of the FCC's broadcast EEO rule. . Sincerely, Lewis C. Pulley Assistant Chief, Policy Division Media Bureau Enclosure cc: Cowley County Broadcasting, Inc. Mr. Robert McKinney Enforcement Bureau See 47 C.F.R. � 73.2080. FEDERAL COMMUNICATIONS COMMISSION WASHINGTON, D.C. 20554 -�-&U)�E/A8 |���PNG (c)|)Q��@0����� �~.� � �-c���"Pg� �c)�0O��) b�"c�� ��-� �!|} 2 ����un�''...��� }^�;u������.l ��jX��F�D�r� qvW�C�`��K]L����q���b##}J@j!-�ыp�=܈ �7�Z�"�NzKZߌE�� F���)%3{�Rg*w��/�yD߂z,���](n��2/cmL� \A% �g�@}�� W/ x">46/��^���aУR �M(c)tmR�X��F� ���-6 2[u �� s t2�99b~Z��t Sma�p|)l ˏ 0 `8{ N�� U� ��S n��J(��շ �r.V�����2�� �� p{��A�"�8)W~V�8 �;'' � #�''_ ;� ?fԜ _ ە�4 ��>�� ;Ez�]� �Ee� ��� ln`�( �0�WrG�' �}��''�Q �� |�����
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-520A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-520A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-520A1.txt
  • 40680) KVLY(FM), Edinburg, TX (Fac. ID # 67188) KKPS(FM), Brownsville, TX (Fac. ID # 56483) Dear Mr. Friedman: By letter dated March 7, 2005, to your client, Entravision Holdings, LLC (``Entravision''), licensee of the above-noted stations, the employment unit containing the stations was randomly audited for compliance with the Federal Communications Commission's Equal Employment Opportunity (EEO) rule, 47 C.F.R. � 73.2080. Entravision submitted its audit response on April 6, 2005. Our review of Entravision's response shows that, for the April 2, 2003 - April 1, 2004 reporting period, Entravision failed to recruit widely for every full-time vacancy, instead relying on its corporate Internet web site, the stations' on-air advertisements, word-of-mouth, walk-ins, unsolicited job applications, or internal job postings as recruitment sources
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-787A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-787A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-08-787A1.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 08-787 Released: April 3, 2008 FCC COMMENCES 2008 EEO AUDITS On April 2, 2008, the Federal Communications Commission mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2008 to randomly selected radio and television stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC is auditing the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all stations and MVPDs are selected for random EEO audits. A list of the radio and television stations to which the audit letters were sent is attached. News Media
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  • of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Cox Radio, Inc. (the ``Licensee''), licensee of Florida Stations WFLC(FM), Miami; WHQT(FM), Coral Gables; and WEDR(FM) and WHDR(FM), Miami (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i) and 73.2080(c)(3) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment and self-assessment requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of nine thousand dollars ($9,000). We impose reporting conditions with regard to the
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  • for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Entravision Holdings, LLC (the ``Licensee''), licensee of Stations KFRQ(FM), Harlingen, Texas; KNVO-FM, Port Isabel, Texas; KVLY(FM), Edinburg, Texas; and KKPS(FM), Brownsville, Texas (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(3), and 73.2080(c)(6) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, self-assessment, and website requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of twelve thousand dollars ($12,000). We also impose reporting conditions with
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  • that CMP Houston-KC, LLC (``CMP Houston''), licensee of Stations KCMO(AM), Kansas City, Missouri, KCMO-FM, Shawnee, Missouri, KCFX(FM), Harrisonville, Missouri, KCJK(FM), Garden City, Missouri, and CMP KC Licensing, LLC (``CMP KC''), licensee of Station KMJK(FM), Lexington, Missouri (KCMO(AM), KCMO-FM, KCFX(FM), KCJK(FM) and KMJK(FM), collectively, the ``Stations'' and CMP Houston and CMP KC, collectively, the ``Licensee''), apparently willfully and repeatedly violated Sections 73.2080(c)(1)(ii), 73.2080(c)(3) and Section 73.2080(c)(5) of the Commission's Rules (the ``Rules'') by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') notification, recordkeeping, and self-assessment requirements. Based upon our review of the facts and circumstances before us, we conclude that CMP Houston and CMP KC are apparently jointly and severally liable for a monetary forfeiture in the amount of three
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-1790 Released: August 12, 2009 FCC CONTINUES 2009 EEO AUDITS On August 11, 2009, the Federal Communications Commission mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2009 to randomly selected radio stations. In accordance with Sections 73.2080(f)(4) and 76.77(d) of the Commission's rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and of all MVPDs are selected for these EEO audits. . This is to remind broadcast licensees that stations that have a website and are
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit August 11, 2009 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. (A copy of Section 73.2080 of the Commission's rules is enclosed for your reference.) 2. If the Unit is not required under our rules to have an EEO recruitment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-2215 Released: October 14, 2009 FCC CONTINUES EEO AUDITS On October 14, 2009, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2009. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notice DA 09-667, released March 24, 2009, and Public Notice DA 09-1790, released August 12,
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 09-667 Released: March 24, 2009 FCC COMMENCES 2009 EEO AUDITS On March 23, 2009, the Federal Communications Commission mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2009 to randomly selected radio and television stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. A list of the radio and television stations to which the audit letters were sent is
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-667A2.txt
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit March 23, 2009 Dear Licensee: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (``EEO'') rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its EEO program. (A copy of Section 73.2080 of the Commission's rules is enclosed for your reference.) 2. If the Unit is not required under our rules to have an EEO
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-1550 Released: August 19, 2010 FCC CONTINUES 2010 EEO AUDITS On August 18, 2010, the Federal Communications Commission mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2010 to randomly selected radio stations. In accordance with Sections 73.2080(f)(4) and 76.77(d) of the Commission's rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and of all MVPDs are selected for these EEO audits. . This is to remind broadcast licensees that stations that have a website and are
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit August 18, 2010 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. A copy of Section 73.2080 of the Commission's rules is enclosed for your reference. 2. If the Unit is not required under our rules to have an EEO recruitment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-2245 Released: December 1, 2010 FCC CONTINUES EEO AUDITS On November 30, 2010, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2010. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notice DA 10-660, released April 20, 2010, and Public Notice DA 10-1550, released August 19,
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  • these requirements, we also impose reporting conditions on the Licensee and any successor licensee of any of the Stations, as well as on the licensee of any stations that become a part of the above Stations' employment unit during the reporting conditions periods listed below. II. BACKGROUND Sections of the Rules at issue in this case include the following: Section 73.2080(c)(1) of the Rules requires that a broadcast licensee broadly recruit for every full-time job vacancy in its employment unit operation; Section 73.2080(c)(3) requires a licensee to analyze the recruitment program for its employment unit on an ongoing basis to ensure that the program is effective in achieving broad outreach to potential applicants, and to address any problems found as a
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  • these requirements, we also impose reporting conditions on the Licensee and any successor licensee of any of the Stations, as well as on the licensee of any stations that become a part of the above Stations' employment unit during the reporting conditions periods listed below. II. BACKGROUND Sections of the Rules at issue in this case include the following: Section 73.2080(c)(1) requires that a broadcast licensee broadly recruit for every full-time job vacancy in its employment unit operation; Section 73.2080(c)(1)(i) requires a licensee to use recruitment sources for each vacancy in a manner sufficient, in the licensee's reasonable, good faith judgment, to widely disseminate information concerning the vacancy; Section 73.2080(c)(3) requires a licensee to analyze the recruitment program for its employment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 10-660 Released: April 20, 2010 FCC COMMENCES 2010 EEO AUDITS On April 19, 2010, the Federal Communications Commission mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2010 to randomly selected radio and television stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. . For stations that have a website and five or more full-time employees: We remind you
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit April 19, 2010 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. A copy of Section 73.2080 of the Commission's rules is enclosed for your reference. 2. If the Unit is not required under our rules to have an EEO recruitment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-1330 Released: August 2, 2011 FCC CONTINUES 2011 EEO AUDITS On August 1, 2011, the Federal Communications Commission mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2011 to randomly selected radio stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. . For stations that have a website and five or more full-time employees: We remind you
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit August 1, 2011 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. A copy of Section 73.2080 of the Commission's rules is enclosed for your reference. 2. If the Unit is not required under our rules to have an EEO recruitment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-1890 Released: November 16, 2011 FCC CONTINUES EEO AUDITS On November 14, 2011, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2011. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's Rules, 47 C.F.R. �� 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notice DA 11-571, released March 31, 2011, and Public Notice DA 11-1330, released August 2,
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  • any of the Stations, as well as on the licensee of any stations that become a part of the above Stations' employment unit during the reporting conditions periods listed below. We also grant the captioned renewal applications for Stations WSSL-FM, WGVL(AM), WMYI(FM), WESC-FM and WROO(FM). II. BACKGROUND Sections of the Rules at issue in this case include the following: Section 73.2080(c)(1)(i) requires a licensee to use recruitment sources for each vacancy in a manner sufficient, in the licensee's reasonable, good faith judgment, to widely disseminate information concerning the vacancy; and Section 73.2080(c)(3) requires a licensee to analyze the recruitment program for its employment unit on an ongoing basis to ensure that the program is effective in achieving broad outreach to potential
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  • any of the Stations, as well as on the licensee of any stations that become a part of the above Stations' employment unit during the reporting conditions periods listed below. We also grant the captioned license renewal applications for Stations WGH(AM), WGH-FM, WVHT(FM) and WVSP-FM. II. BACKGROUND Sections of the Rules at issue in this case include the following: Section 73.2080(c)(1)(i) requires a licensee to use recruitment sources for each vacancy in a manner sufficient, in the licensee's reasonable, good faith judgment, to widely disseminate information concerning the vacancy; and Section 73.2080(c)(3) requires a licensee to analyze the recruitment program for its employment unit on an ongoing basis to ensure that the program is effective in achieving broad outreach to potential
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-571 Released: March 31, 2011 FCC COMMENCES 2011 EEO AUDITS On March 29, 2011, the Federal Communications Commission mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2011 to randomly selected radio and television stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. . For stations that have a website and five or more full-time employees: We remind you
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit March 29, 2011 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. A copy of Section 73.2080 of the Commission's rules is enclosed for your reference. 2. If the Unit is not required under our rules to have an EEO recruitment
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit B B B B B - DA 12-243 Released: February 17, 2012 FCC COMMENCES 2012 EEO AUDITS On February 16, 2012, the Federal Communications Commission mailed the first of its Equal Employment Opportunity (EEO) audit letters for 2012 to randomly selected radio and television stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. . For stations that have a website and five or more full-time employees: We remind you
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  • 17113-16 (1997) (``Forfeiture Policy Statement''), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. � 1.80(b)(4); 47 C.F.R. � 1.80(b)(4), note to paragraph (b)(4), Section II. See Forfeiture Policy Statement, 12 FCC Rcd at 17113-15. 47 C.F.R. � 1.80(b)(4). In Liberman Television of Dallas License Corp., we proposed, among other things, a $4,000 forfeiture for a licensee's violation of Section 73.2080(c)(1)(i), a $1,000 forfeiture for violation of Section 73.2080(c)(3), a $1,000 forfeiture for violation of Section 73.2080(c)(6), and a $1,000 forfeiture for violation of Section 73.3526(e)(7). Liberman Television of Dallas License Corp., Notice of Apparent Liability for Forfeiture, 22 FCC Rcd 2032 (2007) (recon. pending). The licensee had failed to recruit widely for six of 54 vacancies (11%) by relying solely
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  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 12-904 Released: June 8, 2012 FCC CONTINUES 2012 EEO AUDITS On June 7, 2012, the Federal Communications Commission mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2012 to randomly selected radio stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. The Commission mailed the first EEO audit letters this year to randomly selected radio and television
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  • to Incorporate the Forfeiture Guidelines, Report and Order, 12 FCC Rcd 17087, 17100-01, � 27; 17113-16 (1997) (``Forfeiture Policy Statement''), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. � 1.80(b)(4); 47 C.F.R. � 1.80(b)(4), note to paragraph (b)(4), Section II. Id. In Cox Radio, Inc., we proposed, among other things, a $6,000 forfeiture for a licensee's violation of Section 73.2080(c)(1)(i), and a $2,000 forfeiture for violation of Section 73.2080(c)(3). Cox Radio, Inc., Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 8889 (2009) (forfeiture paid). The licensee had failed to recruit widely for seven of 25 full-time vacancies by relying solely on Internet web sites and referrals and other non-public sources and failed to self-assess its EEO program over a
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  • that that an applicant's EEO requirements are determined by the type of service an applicant chooses to provide. All commercial mobile radio service (CMRS) providers are subject to the Commission's EEO requirements,213 for example, see Parts 22 and 90 of our rules.214 Similarly, a licensee that provides broadcast service will be subject to the Commission's EEO Rules contained in Section 73.2080.215 We also note that commercial mobile service providers are generally subject to the Commission's common carrier EEO obligations.216 208 47 C.F.R. � 27.2. See FCC Form 601, item number 35. 210 See Policies and Rules for the Direct Broadcast Satellite Service, IB Docket 98-21, Notice of Proposed Rulemaking, 13 FCC Red 6907, 6924-6925 (1998) (DBS NPRM). 211 47 C.F.R. �
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  • opportunities rules. See 47 U.S.C. � 312(a)(7), 47 C.F.R. �73.1944 (reasonable access); 47 U.S.C. � 315, 47 C.F.R. � 73.1941 (equal opportunities); 47 U.S.C. � 303(b), 47 C.F.R. �� 73.671, 73.673, 73.3526 (children's educational programming); 18 U.S.C. � 1464; 47 U.S.C. � 303, 47 C.F.R. � 73.3999 (indecent programming); 47 U.S.C. � 303(w) (rating of video programming); 47 C.F.R. � 73.2080 (equal employment opportunities). Broadcast spectrum can be used for ancillary or supplementary services that do not interfere with the primary broadcast signal, e.g., through use or leasing of the vertical blanking interval to provide telecommunications services. See 47 C.F.R. � 73.646. In the digital context, broadcasters may provide ancillary and supplementary services such as subscription television programming, computer software distribution,
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  • three years ago. 7. Section 73.3526 of the Rules states that broadcast licensees must maintain public inspection files at their main studios. Section 73.3526(e) of the Rules specifies the content that must be retained in the public inspection file. Section 73.3526(e)(7) of the Rules states that a public file must contain EEO information required to be kept pursuant to Section 73.2080 until final action has been taken on the station's next license renewal application. Section 73.2080 of the Rules requires a broadcast licensee to retain a copy of FCC Form 396 (Broadcast Equal Employment Opportunity Program Report) in its public inspection file. Section 73.3526(e)(13) of the Rules states that a public file must contain a statement certifying compliance with public notice
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  • only in the first report, which revealed nine full-time hires. It was permissible for the licensees of the four stations to exclude KDAY(FM) and KDAI(FM) from the second report because they employed fewer than five full-time employees at those stations during the entire period of the second report and were thus not required to maintain an EEO program. See Section 73.2080(d). (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission � �@��� F � �
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  • Order and Third Notice of Proposed Rulemaking), the Commission noted that one recruitment option available to broadcasters would have them recruit for ``each upper-level job opening in a job bank or newsletter of a media trade group with a broad-based membership, including participation of women and minorities.'' 17 FCC Rcd 24018, 24056 (2003). Commission EEO rules, codified in 47 C.F.R. �73.2080(c)(2)(iii) and 47 C.F.R. �73.2080(c)(2)(xii) (2003), make specific reference to ``women and minorities.'' Press Release. Federal Communications Commission, Media Bureau, Audio Division, FCC Chairman Powel Launches ``Localism in Broadcasting'' Initiative. (August 20, 2003). Order at � 62. Order at � 68. � � " # 4 A F p u z � � '' � � � " � � �
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  • recent, complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material.'' The latest ownership report in the station's public inspection file was from 2006. 47 C.F.R. � 73.2526(e)(7): ``Equal Employment Opportunity file. Such information as is required by � 73.2080 to be kept in the public inspection file.'' The latest Equal Employment Opportunity report in the station's public inspection file was from 2006. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, WJIT Broadcasting Corp. must submit a written statement concerning this matter within twenty (20) days of release of
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  • commercial and non-commercial educational digital television licensees pursuant to �73.624 of this chapter; (7) Station requests for declaratory rulings, special temporary authorizations, and other waivers; (8) Annual employment reports filed by licensees and permittees of broadcast stations pursuant to �73.3612 of this chapter; and. (9) Responses from licensees to random audits of their Equal Employment Opportunity programs conducted pursuant to �73.2080 of this chapter. (c) Common Carrier Services, including: (1) Annual reports filed by carriers under �43.21 of this chapter; (2) Reports of proposed changes in depreciation rates filed by carriers under �43.43 of this chapter; (3) Rate-of-return reports filed by price-cap and rate-of-return incumbent local exchange carriers under �65.600 of this chapter; (4) All applications for common carrier authorizations acted
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  • C.F.R. � 73.3526 (e)(5)(7)(12): ``Local public inspection file of commercial stations. Contents of the file. The material to be retained in the public inspection file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...(7) Equal Employment Opportunity file. Such information as is required by �73.2080 to be kept in the public inspection file... (12) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period.'' During the station inspection, the above mentioned items were missing or incomplete and there was no mechanism
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  • such other matters as justice may require.'' 2. Paragraph 9 is corrected to read as follows: As discussed supra, the Licensee failed to properly recruit for two of its 12 full-time vacancies because it relied solely on an employee referral for one vacancy and a rehire, absent sufficient recruitment, of a former employee for another vacancy, in violation of Section 73.2080(c)(1). The Licensee also failed to properly recruit widely for two other full-time vacancies because it relied solely on two referrals and its website to fill those vacancies, in violation of Section 73.2080(c)(1)(i). Finally, the Licensee failed to place its EEO public file report on the Stations' websites for 2008, as required by Section 73.2080(c)(6). These failures reveal a continuing lack
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  • of this section. All tests will conform with the procedures in the EAS Operating Handbook.'' At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. � 73.3526(e)(7): ``Equal Employment Opportunity (EEO) file. Such information as is required by � 73.2080 is to be kept in the public inspection file.'' At the time of the inspection, the required EEO information was not in KFNX's public inspection file. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission takes seriously any violations
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • Require Broadcast Licenses to Show Non- discrimination in Their Employment Practices, Report and Order, 18 FCC 2d 240 (1969); see also Nondiscrimination in the Employment Policies and Practices of Broadcast Licensees, 54 FCC 2d 354 (1975) (adopting a Model EEO Program to ensure that minorities and women are given equal and full consideration for job opportunities). See 47 C.F.R. � 73.2080 (broadcast EEO rule). EEO regulations for cable television op- erators stem from a 1972 proceeding. See Report and Order, 34 F.C.C. 2d 186 (1972). [Cable rules started with this 1972 ruling.] The Commission's EEO rules for multichannel video program distributors ("MVPDs"), 47 C.F.R. � 76.71, et seq., were implemented pursuant to Section 634 of the Cable Communications Policy Act of
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  • MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: November 15, 1996 Released: November 22, 1996 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) a license renewal application for WINL-FM, Linden, Alabama (referred to as "WINL-FM" or "licensee")1 and (ii) the licensee's response to a staff letter of inquiry. n. DISCUSSION 2. Section 73.2080 of the Commission's Rules, 47 C.F.R. � 73.2080, requires that a broadcast licensee refrain from employment discrimination and establish and maintain an EEO program reflecting positive and continuing efforts to recruit and promote qualified women and minorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts to recruit and promote qualified women and minorities and the licensee's ongoing
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  • received inquiries as to whether it would be permissible to implement half of two options and combine the two halves to count as one of the four initiatives (or two in the case of stations with five to ten full-time employees) required over two years, such as, by combining attendance at two (rather than four) job fairs pursuant to Section 73.2080(c)(2)(i) and sponsorship of one (rather than two) community event pursuant to Section 73.2080(c)(2)(xi). This would be consistent with the intent of our Rule, which is designed to afford broadcasters flexibility in the implementation of the menu options. Thus, we wish to encourage broadcasters to experiment in order to find the outreach initiatives that will be most effective in their communities
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  • to Deny filed by the Rainbow-PUSH Coalition ("Rainbow"); (iii) the licensee's opposition to Rainbow's petition; (iv) Rainbow's reply to the opposition; (v) the licensee's response to a staff letter of inquiry; (vi) Rainbow's reply to the licensee's inquiry response; (vii) and other pleadings. . Rainbow alleges that Station KWMU-FM violated the Commission's Equal Employment Opportunity ("EEO") Rule, 47 C.F.R. � 73.2080, and policies. Accordingly, Rainbow requests that we conduct an investigation of the station's employment practices, including instances of alleged discrimination, pursuant to Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978), and designate the renewal application for hearing with a view towards denial of the application. In response, the licensee denies Rainbow's allegations, contends
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  • Commission Washington, D.C. 20554 ) In the Matter of ) ) Suspension of the Broadcast and Cable Equal ) Employment Opportunity Outreach ) Program Requirements ) MEMORANDUM OPINION AND ORDER Adopted: January 30, 2001 Released: January 31, 2001 By the Commission: Commissioner Tristani issuing a separate statement. In this Memorandum Opinion and Order the Commission suspends the effectiveness of Sections 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802 of the Commission's Rules, 47 C.F.R. �� 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802. These provisions relate to Equal Employment Opportunity (``EEO'') outreach program requirements applicable to broadcast licensees and cable entities. The suspension shall continue until further order of the Commission. The Commission adopted new
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  • Association, No. 01-639 (October 17, 2001) (``Association''). The Court therein found unconstitutional one of two options for achieving broad outreach provided by the broadcast EEO outreach requirements adopted in the Report and Order in MM Docket Nos. 98-204 and 96-16, 15 FCC Rcd 2329 (2000) (``Report and Order'') recon. denied 15 FCC Rcd 22548 (2000) (``Recon''), and codified as Section 73.2080 of the Commission's Rules, 47 C.F.R. � 73.2080. In addition to considering a new broadcast EEO Rule, we will also consider new rules applicable to cable entities, including multichannel video program distributors (``MVPDs''). In the Report and Order, we adopted EEO requirements applicable to cable entities which were generally the same as the requirements applicable to broadcasters, except where necessary
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  • All CMRS providers are subject to the Commission's EEO requirements in 47 C.F.R. � 22.321 and 47 C.F.R. � 90.168. We also note that CMRS providers are generally subject to the Commission's common carrier EEO obligations in 47 C.F.R. � 1.815. A licensee that provides broadcast service will be subject to the Commission's EEO rules contained in 47 C.F.R. � 73.2080. The U.S. Court of Appeals for the D.C. Circuit held a portion of the broadcast EEO rule unconstitutional and vacated the rule in MD/DC/DE Broadcasters Associations v. FCC, 236 F.3d 13 (D.C. Cir.), rehearing denied, 253 F.3d 732 (D.C. Cir. 2001), pet. for cert. filed, MMTC v. MC/DC/DE Broadcasters Ass'n, No. 01-639 (October 17, 2001). The Commission thereafter suspended the
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  • new rules were not applicable to WMAQ-TV's performance during the period in question. These rules were vacated on January 16, 2001 by the United States Court of Appeals for the District of Columbia Circuit Court, MD/DC/DE Broadcasters Association v. Federal Communications Commission, 236 F.3d 13 (D.C. Cir. 2001), petitions for rehearing pending. On January 31, 2001, the Commission suspended Section 73.2080 (b) through (j) of the broadcast EEO Rule. See Suspension of the Broadcast and Cable Equal Employment Opportunity Outreach Program Requirements, FCC 01-34 (released January 31, 2001). Federal Communications Commission FCC 01-69 Federal Communications Commission FCC 01-69 � � � � � � � � � � � � � � � � � � � � � � �
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  • operation of a direct broadcast satellite service at the 61.5( W.L. orbital location, using the EchoStar III satellite which is currently operating at that location. The Bureau also waived, on its own motion, Dominion's satellite construction and launch requirement under the due diligence rules. 47 C.F.R. � 100.51. 47 C.F.R. � 100.51(a)-(d). 47 C.F.R. � 100.51(e). See 47 C.F.R. � 73.2080. See Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, reh. denied, 154 F.3d 487 (D.C.Cir. 1998) (``Lutheran Church''). The court remanded the anti-discrimination portion of the rule [Section 73.2080(a)] to the Commission for it to determine whether it was necessary. The court did not mention the cable/MVPD rules. The Commission filed a petition for rehearing. On September 15, 1998, the
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  • a. Section 334: Explicit Authority to Regulate EEO Practices of Television Broadcasters In 1992, Congress enacted Section 334 of the Communications Act as part of the Cable Television Consumer Protection and Competition Act of 1992. Section 334 provides that ``the Commission shall not revise:'' (1) the regulations concerning equal employment opportunity as in effect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply to television broadcast station licensees and permittees; or (2) the forms used by such licensees and permittees to report pertinent employment data to the Commission. The Conference Report accompanying this legislation indicates that Section 334 ``codifies the Commission's equal employment opportunity rules, 47 C.F.R. 73.2080'' for television licensees and permittees. Section 334 thus grants the Commission
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  • Comments at 72. ACA Comments at 3, 7, 16, 29; Cablevision Comments at 23-29; CDD Petition at 2-3; CFA Reply Comments at 9-12; EchoStar Petition at 39-40; NRTC Petition at 9-16. Commenters' concerns about potential harms to program diversity are discussed at section VII.A.2 above. There, we conclude that the transaction is unlikely to reduce program diversity. See 47 CFR �73.2080 (Broadcast EEO Rule); 47 CFR �76.75 (Cable EEO Rule). In 2000, the Commission adopted EEO rules subsequently invalidated by the US Court of Appeals for the District of Columbia Circuit. MD/DC/DE Broadcasters Association v. FCC, 236 F.3d 13 (D.C. Cir. 2001), rehearing denied 253 F.3d 732 (D.C. Cir. 2001), cert. denied, 122 S.Ct. 920 (2002). The Commission adopted its current
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  • Data concerning the gender, race and ethnicity of a broadcast station's workforce collected in the annual employment report will be used only for purposes of analyzing industry trends and making reports to Congress. Such data will not be used for the purpose of assessing any aspect of an individual broadcast licensee's compliance with the equal employment opportunity requirements of � 73.2080. II. Part 76 of Chapter 1 of the Code of Federal Regulations is amended as follows: The authority citation for Part 76 continues to read as follows: AUTHORITY: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 317, 325, 338, 339, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545,
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  • they were not. GGPR also alleges that SFUSD ``knowingly and deliberately'' made misrepresentations in its application for renewal of license and in its Equal Employment Opportunity Program Report and that these misrepresentations call into question SFUSD's qualifications to remain a Commission licensee. Specifically, GGPR asserts that SFUSD failed to comply with the Equal Employment Opportunity (``EEO'') requirements stated in Section 73.2080, while certifying in its renewal application that it had done so. 3. In its opposition, SFUSD states that GGPR is essentially a collection of ``disgruntled'' former KALW(FM) employees who were dissatisfied with station management. SFUSD argues that the petition should be dismissed because GGPR lacks standing and has failed to comply with the requirements of Section 309(d) of the Communications
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  • applications), 73.3584 (procedure for filing petitions to deny). 47 U.S.C. � 309(k)(1). See id. � 309(k)(2). Id. � 309(k)4). See id. � 309(k)(3). See, e.g., Testimony of Commissioner Michael J. Copps, Before the Senate Committee on Commerce, Science, and Transportation (July 23, 2002), available at http://www.fcc.gov/commissioners/copps/statements2003.html. See 47 U.S.C. � 334(b) (mid-term review for television broadcast stations); 47 C.F.R. � 73.2080(f)(2) (mid-term review for radio and television broadcast stations). See Creation of Low Power Radio Service, 15 FCC Rcd 2205 (1999). See id. at 2211 � 13. See 47 C.F.R. � 73.853(b). See id. � 73.872(b)(1). Id. � 73.872(b)(3). See D.C. Appropriations - FY 2001, Pub. L. No. 106-553, � 632, 114 Stat. 2762, 2762-A-111 (2000). See Public Notice, ``Comment Sought
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  • ownership reports, EEO reports, a copy of The Public and Broadcasting, and children's television programming reports. By eliminating these documents from the number of pages to be placed on a licensee's website, which can eliminate hundreds of pages, we expect that the volume of material to be posted will be significantly less than the estimates discussed above. 47 C.F.R. � 73.2080(c)(6). Of course, broadcasters with only rudimentary websites that they update irregularly, if at all, or who would find the requirement unduly burdensome may always seek a waiver of the requirement by the Commission. See, e.g., Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files, Report and Order, 13 FCC Rcd 15691 (1998); Amendment of Sections
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  • and were thus subject to strict scrutiny under Adarand). Report and Recommendations of the Financial Issues Subcomm. of the Advisory Comm. for Diversity in the Digital Age at 18-19 (Jun. 14, 2004). Id. DCS Initial Comments at 36. Id. Id. See Bechtel v. FCC, 10 F.3d 875 (D.C. Cir. 1993). See 47 U.S.C. � 151; see also 47 C.F.R. � 73.2080(a); cf 42 U.S.C. � 2000e. DCS Initial Comments at 5-7 & nn. 22-32; Advisory Committee on Diversity, Transactional Transparency Recommendations, at 4 (May 14, 2004); Consumers Union Comments at 30. 47 U.S.C. � 257 (directing the Commission to identify and eliminate, through regulatory action, market entry barriers for entrepreneurs and other small businesses in the provision and ownership of telecommunications
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  • Order and Third Notice of Proposed Rulemaking), the Commission noted that one recruitment option available to broadcasters would have them recruit for ``each upper-level job opening in a job bank or newsletter of a media trade group with a broad-based membership, including participation of women and minorities.'' 17 FCC Rcd 24018, 24056 (2003). Commission EEO rules, codified in 47 C.F.R. �73.2080(c)(2)(iii) and 47 C.F.R. �73.2080(c)(2)(xii) (2003), make specific reference to ``women and minorities.'' Press Release. Federal Communications Commission, Media Bureau, Audio Division, FCC Chairman Powel Launches ``Localism in Broadcasting'' Initiative. (August 20, 2003). Order at � 62. Order at � 68. Federal Communications Commission FCC 07-33 Federal Communications Commission FCC 07-33 � �@��� 4 Q 1 3 4 6 7 N
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  • Order and Third Notice of Proposed Rulemaking), the Commission noted that one recruitment option available to broadcasters would have them recruit for ``each upper-level job opening in a job bank or newsletter of a media trade group with a broad-based membership, including participation of women and minorities.'' 17 FCC Rcd 24018, 24056 (2003). Commission EEO rules, codified in 47 C.F.R. �73.2080(c)(2)(iii) and 47 C.F.R. �73.2080(c)(2)(xii) (2003), make specific reference to ``women and minorities.'' Press Release. Federal Communications Commission, Media Bureau, Audio Division, FCC Chairman Powel Launches ``Localism in Broadcasting'' Initiative. (August 20, 2003). Order at � 62. Order at � 68. Federal Communications Commission FCC 07-33 P Q �- �- �- �- �- �- �- �- �- �- �- �- �-
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  • Memorandum Opinion and Order and Report and Order to acquire control of any license or authorization issued for any station during the Commission's consideration of the Application or the period required for consummation of the transaction. IT IS FURTHER ORDERED that Applicants are required to comply with the Commission's broadcast EEO rules and policies set forth in 47 C.F.R. � 73.2080. IT IS FURTHER ORDERED that pursuant to sections 4(i), 4(j), and 310(d) of the Communications Act of 1934, as amended, 47 U.S.C. �� 154(i), 154(j), 310(d), that the Petitions to Deny filed by American Women in Radio and Television; Common Cause, Consumer Federation of America, Consumers Union, and Free Press; Consumer Coalition for Competition in Satellite Radio; Forty-Six Broadcasting Organizations;
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  • issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Puerto Rico Public Broadcasting Corporation (the ``Licensee''), licensee of Stations WIPR-TV, WIPR-FM and WIPR(AM), San Juan, Puerto Rico, and WIPM-TV, Mayaguez, Puerto Rico (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv) and 73.3526(e)(7) of the Commission's Rules (the ``Rules'') by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, recruitment source information, interviewee information and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount
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  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that W.S. Communications, L.L.C. (the ``Licensee''), licensee of Stations KWGL(FM), Ouray, Colorado and KAVP(AM), Colona, Colorado (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv) and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, recruitment source information, interviewee information and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
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  • Commission's Rules (the ``Rules''), we find that Cumulus Licensing LLC (the ``Licensee''), licensee of Stations WPEZ(FM), Jeffersonville, Georgia; WIFN(FM) (formerly WAYS (FM)), Macon, Georgia; WDDO(AM), Macon, Georgia; WAYS(AM) (formerly WWFN(AM)), Macon, Georgia; WDEN-FM, Macon, Georgia; WMAC(AM), Macon, Georgia; WMGB(FM), Montezuma, Georgia; and WLZN(FM) (formerly WMKS(FM)), Macon, Georgia (collectively, the ``Stations'' and each a ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(2), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Commission's Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') record-keeping, recruitment source information, interviewee information, EEO initiative, self-assessment, and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount
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  • of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Dickey Broadcasting Company (the ``Licensee''), licensee of Stations WALR(AM), Atlanta, Georgia, WCNN(AM), North Atlanta, Georgia, and WFOM(AM), Marietta, Georgia (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iv) and 73.3526(e)(7) of the Commission's Rules (the ``Rules'') by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, interviewee information and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of seven thousand dollars
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  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Urban Radio I, LLC (the ``Licensee''), licensee of Stations WLIB(AM) and WBLS-FM, New York, New York (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, interviewee information, and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000). We impose
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  • Liability for Forfeiture (``NAL'') issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Fox Television Stations, Inc. (the ``Licensee''), licensee of Stations WDCA(TV) and WTTG(TV), both of Washington, D.C. (collectively, the ``Stations'' and each a ``Station''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5)(v), 73.2080(c)(5)(vi), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules, by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, record-keeping, self-assessment, and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of twenty thousand dollars ($20,000).
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  • to establish four external Diversity Councils, collectively forming a Joint Council, ``to facilitate open communication on the development, monitoring, and evaluation of the companies' diversity initiatives.'' Diversity Memorandum at 1. See Greenlining Reply at 31. Although the Commission maintains EEO rules for broadcasters and MVPDs, those rules focus on employment recruitment practices, rather than workforce diversity. See 47 C.F.R. �� 73.2080, 76.71; Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, Second Report and Order and Third Notice of Proposed Rulemaking, 17 FCC Rcd 24018 (2002). The Diversity Advisory Councils, with which the Applicants have agreed to consult, will include representation by the community elements proposed by Greenlining. See Hispanic MOU at 4; Asian American MOU at
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  • file, or it may do so itself, if circumstances warrant. Bouchard Broadcasting Comments at 2; Joint Television Parties Reply at 23; Four Commercial and NCE Licensees Comments at 5. Joint Television Parties Reply at 23. As discussed above, stations are required to include in their public files responses to Commission investigations, unless directed otherwise in the LOI. 47 C.F.R. � 73.2080(c)(6). Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, 17 FCC Rcd. 24018, � 140 (2002), recon. pending. See Section III.F., infra. See Extension of the Filing Requirement For Children's Television Programming Reports (FCC Form 398), Report and Order and Further Notice of Proposed Rulemaking, 15 FCC Rcd 22921, 22930, �� 25-27 (2000). See also 2007
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  • questions of fact, the question of whether PSC made out a prima facie case is moot. Mobile Communications Corp. of Am. v. FCC, 77 F.3d 1399, 1409-10 (D.C. Cir.) (quoting Citizens for Jazz on WRVR, Inc. v. FCC, 775 F.2d 392, 396 (D.C. Cir. 1985)), cert. denied, 519 U.S. 823 (1996). Application for Review at 10-11; see 47 C.F.R. � 73.2080 (prohibiting employment discrimination by broadcast licensees). Supplement to Petition to Deny, Exhibit 1 at 2. SRL DIP July 5, 2006, Opposition to Request for Leave to File a Supplement to Petition to Deny, Exhibit B at 2. See Southern Broadcast Corp. of Sarasota, 16 FCC Rcd 3655, 3659 (2001) (``Our policy with respect to discrimination complaints is only one of
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  • tapping into the talents and abilities of all segments of the population, a broadcast station or cable entity increases the chances that viewers and listeners will be exposed to varying perspectives, and become familiar with a wider range of issues affecting their local community. Federal Communications Commission FCC 98-305 4 1992 Cable Act, Section 22(a). 5 See 47 C.F.R. � 73.2080 (broadcast EEO Rule) and 47 C.F.R. � 76.71, et. seq. (cable EEO rules). Our cable EEO regulations were implemented pursuant to Section 634 of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984), and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See, also,
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  • Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b, 394. Policies and Rules Concerning Children's Television Programming, Revision, Revision of Programming Policies for Television Broadcast Stations, MM Docket No. 93-48, Report and Order, 11 FCC Rcd 10660 (1996). 18 U.S.C. �1464; 47 C.F.R. � 73.3999. 47 C.F.R. Part 79. 47 C.F.R. � 73.2080. The United States Court of Appeals for the District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below, the Commission's EEO policies and rules are the
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00020a.pdf
  • full-time employees? Consider as "full-time" employees all those permanently working 30 or more hours a week. FILING INSTRUCTIONS. Broadcast station licensees and cable entities are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Sections 73.2080 and 76.71 et seq. Pursuant to these requirements, a broadcast station employment unit that employs five or more full-time station employees, and a cable employment unit with six or more full-time employees must file an initial election statement. If a broadcast station employment unit employs fewer than five full-time employees, or a cable employment unit employs fewer than six full-time
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • should be as free of unnecessary rules, paperwork, logs, etc., as is practical. Comments of Ronnie Miller at 23; Comments of Gene Kirby at 1. As noted above, however, LPFM licensees must maintain a political file. See � 175. Report and Order in BC Docket No. 78-253, 51 RR 2d 476 (1982) (``Low Power Television R&O''). See 47 C.F.R � 73.2080(a). Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 U.S. 621, 628-29 (D.C. Cir. 1978). See 47 C.F.R. � 73.2080(b) and (c). The United States Court of Appeals for the District of Columbia Circuit held that the EEO program requirements of the broadcast EEO Rule are unconstitutional. Lutheran Church - Missouri Synod v. FCC, 141 F.3d 344, pet. for
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • entities compare their employment profile with the local labor force. In addition, the Commission indicated that it would no longer compare individual broadcast licensees' or cable entities' employment profiles with the local labor force, even as a screening device. We proposed to retain the cable and broadcasting rules' general EEO policy/program requirements as outlined in 47 C.F.R. �� 76.73(b) and 73.2080(b), respectively. Further, we proposed to retain most of the cable and broadcasting rules' specific EEO program requirements. The NPRM proposed several alternative recruitment approaches with the objective of ensuring the broadest dissemination of vacancy information. We asked generally for comments on ways the Commission could encourage entities to expand their pools of qualified applicants without creating any incentives to prefer
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. * * * * * 36. Section 73.2080 is amended to read as follows: � 73.2080 Equal employment opportunities. (a) General EEO Policy. Equal opportunity in employment shall be afforded by all licensees or permittees of commercially or noncommercially operated AM, FM, TV, Class A TV, or international broadcast station (as defined in this part) to all qualified persons, and no person shall be discriminated against in employment
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.txt
  • Commission Washington, D.C. 20554 ) In the Matter of ) ) Suspension of the Broadcast and Cable Equal ) Employment Opportunity Outreach ) Program Requirements ) MEMORANDUM OPINION AND ORDER Adopted: January 30, 2001 Released: January 31, 2001 By the Commission: Commissioner Tristani issuing a separate statement. In this Memorandum Opinion and Order the Commission suspends the effectiveness of Sections 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802 of the Commission's Rules, 47 C.F.R. �� 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802. These provisions relate to Equal Employment Opportunity (``EEO'') outreach program requirements applicable to broadcast licensees and cable entities. The suspension shall continue until further order of the Commission. The Commission adopted new
• http://transition.fcc.gov/Bureaus/OGC/Briefs/1998/petn971116.html
  • v. Amos, 483 U.S. 327 (1987), showed that it was entitled to give preferential treatment to Lutherans. The panel instead, contrary to all canons of judicial restraint, decided the case on the broadest constitutional ground available: the equal protection argument made in four paragraphs at the end of appellant's brief. The panel reviewed the Commission's three-decades-old EEO rule, 47 C.F.R. 73.2080, concluded that the rule was not race-neutral and thus triggered strict scrutiny, and struck down the EEO program requirements of the EEO rule under the equal protection component of the Fifth Amendment. This improper exercise of judicial authority resulted in a decision in which the court erroneously held the EEO rule to be unconstitutional. The panel improperly held that the
• http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://transition.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • We seek comment on these proposals. Federal Communications Commission FCC 99-97 102 Section 312(g) of the Communications Act, 47 U.S.C. � 312(g). 103 47 C.F.R. � 73.1750. 104 See, e.g., 47 C.F.R. � 101.311. 105 Sections 22.321, 90.168 of the Commission's Rules, 47 C.F.R. �� 22.321, 90.168. 106 Section 25.601 of the Commission's Rules, 47 C.F.R. � 25.601. 107 Section 73.2080 of the Commission's Rules, 47 C.F.R. � 73.2080, was struck down as unconstitutional as respects the outreach portions of the Commission's EEO program requirements for broadcast stations and remanded to the Commission for a determination whether the non-discrimination rule is within its statutory authority. See Lutheran Church-Missouri Synod v. FCC, Case No. 97-1116, 141 F.3d 344, reh'g denied, 154 F.3d
• http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://transition.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • that that an applicant's EEO requirements are determined by the type of service an applicant chooses to provide. All commercial mobile radio service (CMRS) providers are subject to the Commission's EEO requirements, for example, see Parts 22 and 90 of our rules. Similarly, a licensee that provides broadcast service will be subject to the Commission's EEO Rules contained in Section 73.2080. We also note that commercial mobile service providers are generally subject to the Commission's common carrier EEO obligations. Technical Rules All licensees in the 747-762 MHz and 777-792 MHz bands, including licensees who acquire their licenses through partitioning or disaggregation, will be subject to the general provisions of Part 27 relating to equipment authorization, frequency stability, antenna structures and air
• http://transition.fcc.gov/Reports/1934new.pdf http://transition.fcc.gov/Reports/1934new.wp
  • of any station licensed or authorized by or under this Act or operated by the United States Government. SEC. 334. [47 U.C.S. 334] LIMITATION ON REVISION OF EQUAL EMPLOYMENT OPPORTUNITY REGULATIONS. (a) LIMITATION.--Except as specifically provided in this section, the Commission shall not revise-- (1) the regulations concerning equal employment opportunity as in effect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply to television broadcast station licensees and permittees; or (2) the forms used by such licensees and permittees to report pertinent employment data to the Commission. (b) MIDTERM REVIEW.--The Commission shall revise the regulations described in subsection (a) to require a midterm review of television broadcast station licensees' employment practices and to require the Commission to inform
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.doc http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.txt
  • required to serve the needs of the ``entire''community, rather than their ``small, local'' group, Report & Order at para. 17. So much for the goal of creating low power stations for use by churches and church groups. And will the newly recreated Equal Employment Opportunity rules apply to low power stations with 5 or more employees? See 47 CFR section 73.2080(a) (applying rules to ``all licensees or permittees of commercially owned or noncommercially operated AM, FM, TV or international broadcast stations') (emphasis added). Presumably they must, just as, for instance, the political programming rules do. The required outreach and paperwork for EEO alone, not to mention all other regulations, may prove overwhelming for the operators of low-power radio stations. If these
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.doc http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.txt
  • to make all such decisions with an eye toward achieving some level of racial representation, even ``balance,'' of employees and applicants. Under the specific EEO program requirements of Track A, a station potentially must ``co-sponsor[] at least one job fair with organizations in the business and professional community whose membership includes substantial participation of women and minorities.'' 47 CFR section 73.2080(c)(2)(iii). A station could also be required to ``list[] . . . each upper-level category opening in a job bank or newsletter of media trade groups whose membership includes substantial participation of women and minorities.'' Id. section (c)(2)(xii). Although the Commission discontinues its prior practice of requiring the use of minority- and women-specific referral sources -- suggesting that this action insulates
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.wp
  • EEO review is made, it is rooted in a rule of law. Legal Status of Changes in EEO Enforcement To all of this, there is a complicating factor: section 334 of the Communications Act. That provision states: "[T]he Commission shall not revise . . . the regulations concerning equal employment opportunity as in effect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply to television broadcast station licensees and permittees; or . . . the forms used by such licensees and permittees to report pertinent employment data to the Commission." 47 U.S.C. section 334(a)(1)-(2). In light of section 334, the Commission noted at the outset of this proceeding that any changes in our EEO system that "require the revision
• http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.html http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.txt http://transition.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.wp
  • Broadcast Station Annual Employment Reports and Program Reports I believe that it is important to acknowledge publicly the unspoken premise that underlies this MO&O: now that the United States Court of Appeals for the D.C. Circuit has denied the petition for rehearing en banc in Lutheran Church - Missouri Synod v. FCC and issued its mandate in that case, sections 73.2080(b) & (c) are currently null and void. Although the MO&O does not say so, it is, after all, the present legal invalidity of these regulations that requires us to clarify the status of ancillary rules such as section 73.3612. For my part, I see no need for broadcasters to report on the conduct of their EEO programs given the simple
• http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • C.F.R. � 73.1941 (equal opportunities); 47 C.F.R. � 73.1942 (candidate rates), 47 C.F.R. � 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. � 73.671 (educational and informational programming). 18 U.S.C. � 1464; 47 C.F.R. � 73.3999. 47 C.F.R. � 73.2080. 47 C.F.R. Part 79. 47 U.S.C. � 336(d) (``Nothing in this section shall be construed as relieving a television broadcast station from its obligation to serve the public interest, convenience, and necessity.''). See also Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, Fifth Report & Order, 12 FCC Rcd 12810, 12830, �
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-260541A1.html
  • three years ago. 7. Section 73.3526 of the Rules states that broadcast licensees must maintain public inspection files at their main studios.7 Section 73.3526(e) of the Rules specifies the content that must be retained in the public inspection file. Section 73.3526(e)(7) of the Rules states that a public file must contain EEO information required to be kept pursuant to Section 73.2080 until final action has been taken on the station's next license renewal application.8 Section 73.2080 of the Rules requires a broadcast licensee to retain a copy of FCC Form 396 (Broadcast Equal Employment Opportunity Program Report) in its public inspection file.9 Section 73.3526(e)(13) of the Rules states that a public file must contain a statement certifying compliance with public notice
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-286296A1.html
  • complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material." The latest ownership report in the station's public inspection file was from 2006. b. 47 C.F.R. S: 73.2526(e)(7): "Equal Employment Opportunity file. Such information as is required by S: 73.2080 to be kept in the public inspection file." The latest Equal Employment Opportunity report in the station's public inspection file was from 2006. 4. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, WJIT Broadcasting Corp. must submit a written statement concerning this matter within twenty (20) days of release
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-302030A1.html
  • of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. S: 73.3526(e)(7): "Equal Employment Opportunity (EEO) file. Such information as is required by S: 73.2080 is to be kept in the public inspection file." At the time of the inspection, the required EEO information was not in KFNX's public inspection file. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission takes seriously any
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 11-1330 Released: August 2, 2011 FCC CONTINUES 2011 EEO AUDITS On August 1, 2011, the Federal Communications Commission mailed the second of its Equal Employment Opportunity (EEO) audit letters for 2011 to randomly selected radio stations. In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission's EEO rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees and multi-channel video programming distributors (MVPDs). Each year, approximately five percent of all radio and television stations and MVPDs are selected for these EEO audits. . For stations that have a website and five or more full-time employees: We remind you
• http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A3.doc http://transition.fcc.gov/fcc-bin/audio/DA-11-1330A3.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit August 1, 2011 Dear Licensee: 1. In accordance with 47 C.F.R. � 73.2080(f)(4) of the Commission's rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its Equal Employment Opportunity (``EEO'') program. A copy of Section 73.2080 of the Commission's rules is enclosed for your reference. 2. If the Unit is not required under our rules to have an EEO recruitment
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • subject [932]Previous Subject Public Inspection File March 31, 2003 Interim Policy Concerning Placement of Equal Opportunity Employment Public File Report in a Broadcaster's Public File, MM Docket No. 98-204 Public Notice, DA 03-1046, , released March 31, 2003 [ [933]PDF | [934]Word ] Ten day grace period with respect to EEO public file reports due April 1, 2003. 47 CFR 73.2080(c)(6) requires broadcasters to place an EEO report in the station's public file. April 12, 2001 Letter to Franklin Township Community School Corporation [WRFT, Indianapolis, IN] Letter, 13 FCC Rcd 11681, dated April 12, 2001 [ [935]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. September 22, 2000 Riverside
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • subject [932]Previous Subject Public Inspection File March 31, 2003 Interim Policy Concerning Placement of Equal Opportunity Employment Public File Report in a Broadcaster's Public File, MM Docket No. 98-204 Public Notice, DA 03-1046, , released March 31, 2003 [ [933]PDF | [934]Word ] Ten day grace period with respect to EEO public file reports due April 1, 2003. 47 CFR 73.2080(c)(6) requires broadcasters to place an EEO report in the station's public file. April 12, 2001 Letter to Franklin Township Community School Corporation [WRFT, Indianapolis, IN] Letter, 13 FCC Rcd 11681, dated April 12, 2001 [ [935]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. September 22, 2000 Riverside
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • subject [932]Previous Subject Public Inspection File March 31, 2003 Interim Policy Concerning Placement of Equal Opportunity Employment Public File Report in a Broadcaster's Public File, MM Docket No. 98-204 Public Notice, DA 03-1046, , released March 31, 2003 [ [933]PDF | [934]Word ] Ten day grace period with respect to EEO public file reports due April 1, 2003. 47 CFR 73.2080(c)(6) requires broadcasters to place an EEO report in the station's public file. April 12, 2001 Letter to Franklin Township Community School Corporation [WRFT, Indianapolis, IN] Letter, 13 FCC Rcd 11681, dated April 12, 2001 [ [935]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. September 22, 2000 Riverside
• http://transition.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • (1978). ComTrain is a management training program run by the NTIA's MTDP (Minority Telecommunications Development Program). Other policies not on their face designed to assist minority broadcasters may nevertheless disproportionately benefit minority applicants for station licenses. For example, the Telecommunications Development Fund was established under the 1996 Telecommunications Act to provide capital to small businesses. 40 See 47 C.F.R. ' 73.2080. These requirements were overturned by the D.C. Circuit in Lutheran Church-Missouri Synod v. FCC , 1998 U.S. App. LEXIS 7387 (D.C. Cir.).
• http://wireless.fcc.gov/auctions/31/releases/fc000005.doc http://wireless.fcc.gov/auctions/31/releases/fc000005.pdf http://wireless.fcc.gov/auctions/31/releases/fc000005.txt
  • that that an applicant's EEO requirements are determined by the type of service an applicant chooses to provide. All commercial mobile radio service (CMRS) providers are subject to the Commission's EEO requirements, for example, see Parts 22 and 90 of our rules. Similarly, a licensee that provides broadcast service will be subject to the Commission's EEO Rules contained in Section 73.2080. We also note that commercial mobile service providers are generally subject to the Commission's common carrier EEO obligations. Technical Rules All licensees in the 747-762 MHz and 777-792 MHz bands, including licensees who acquire their licenses through partitioning or disaggregation, will be subject to the general provisions of Part 27 relating to equipment authorization, frequency stability, antenna structures and air
• http://wireless.fcc.gov/auctions/44/releases/fc010364.pdf http://wireless.fcc.gov/auctions/44/releases/fc010364.txt
  • All CMRS providers are subject to the Commission's EEO requirements in 47 C.F.R. � 22.321 and 47 C.F.R. � 90.168. We also note that CMRS providers are generally subject to the Commission's common carrier EEO obligations in 47 C.F.R. � 1.815. A licensee that provides broadcast service will be subject to the Commission's EEO rules contained in 47 C.F.R. � 73.2080. The U.S. Court of Appeals for the D.C. Circuit held a portion of the broadcast EEO rule unconstitutional and vacated the rule in MD/DC/DE Broadcasters Associations v. FCC, 236 F.3d 13 (D.C. Cir.), rehearing denied, 253 F.3d 732 (D.C. Cir. 2001), pet. for cert. filed, MMTC v. MC/DC/DE Broadcasters Ass'n, No. 01-639 (October 17, 2001). The Commission thereafter suspended the
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98305.pdf http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98305.txt http://www.fcc.gov/Bureaus/Mass_Media/Notices/1998/fcc98305.wp
  • tapping into the talents and abilities of all segments of the population, a broadcast station or cable entity increases the chances that viewers and listeners will be exposed to varying perspectives, and become familiar with a wider range of issues affecting their local community. Federal Communications Commission FCC 98-305 4 1992 Cable Act, Section 22(a). 5 See 47 C.F.R. � 73.2080 (broadcast EEO Rule) and 47 C.F.R. � 76.71, et. seq. (cable EEO rules). Our cable EEO regulations were implemented pursuant to Section 634 of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984), and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992). See, also,
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b, 394. Policies and Rules Concerning Children's Television Programming, Revision, Revision of Programming Policies for Television Broadcast Stations, MM Docket No. 93-48, Report and Order, 11 FCC Rcd 10660 (1996). 18 U.S.C. �1464; 47 C.F.R. � 73.3999. 47 C.F.R. Part 79. 47 C.F.R. � 73.2080. The United States Court of Appeals for the District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below, the Commission's EEO policies and rules are the
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1998/fcc98039.pdf
  • also file similar data with the Equal Employment Opportunity Commission ("EEOC"), to use the same pay period record information. Although not required by statute, this initiative on this matter is taken in conjunction with the Commission's 1998 Biennial Regulatory Review pursuant to Section 11 of the Telecommunications Act of 1996 ("1996 Act") [47 U.S.C. � 161]. II. BACKGROUND 2. Section 73.2080 of the Commission's Rules, 47 C.F.R. � 73.2080, requires a broadcast licensee or permittee to refrain from employment discrimination on the basis of race, color, religion, national origin, or sex, and to establish, maintain, and carry out an Equal Employment Opportunity ("EEO") program reflecting positive and continuing efforts to assure equal employment opportunity in every aspect of station employment. The
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99251.doc
  • a Response to Notice of Apparent Liability and Petition for Reconsideration filed by the licensee of WPET(AM)/WKSI-FM; (iii) a Petition for Reconsideration filed by the Rainbow-PUSH Coalition ("Rainbow"); and (iv) various other pleadings. . The Notice of Apparent Liability in this case was based on apparent violations of the Equal Employment Opportunity ("EEO") program provisions of the EEO Rule, Section 73.2080(b) and (c) of the Commission's Rules. However, the United States Court of Appeals for the District of Columbia Circuit has found the EEO program requirements of the EEO Rule to be unconstitutional. Lutheran Church - Missouri Synod v. FCC, 141 F.3d 344 (D.C. Cir. 1998), petition for reh'g denied, 154 F.3d 487, petition for reh'g en banc denied, 154 F.3d
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99252.doc
  • although we granted renewal, we imposed EEO reporting conditions. III. DISCUSSION WASHINGTON'S PETITION FOR CLARIFICATION AND/OR RECONSIDERATION 3. In response to the MO&O, Washington filed a Petition for Clarification and/or Reconsideration asking the Commission to clarify those sections of the MO&O which address the licensee's recruitment practices in accordance with the EEO program provisions of the Commission's EEO Rule, Sections 73.2080(b) and (c) of the Commission's Rules. Specifically, the licensee requests clarification as to whether it must recruit for internal promotions, part-time positions, or temporary vacancies. However, following the filing of Washington's petition, the United States Court of Appeals for the District of Columbia Circuit held that the EEO program requirements of the EEO Rule, of which the licensee seeks clarification,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99253.doc
  • and issued a Notice of Apparent Liability for a forfeiture in the amount of $11,000; and (ii) a pleading styled "Amended Petition for Reconsideration" filed by Faircom Flint, Inc., the licensee of WFNT(AM)/WCRZ(FM). . The Notice of Apparent Liability in this case was based on apparent violations of the Equal Employment Opportunity ("EEO") program provisions of the EEO Rule, Section 73.2080(b) and (c) of the Commission's Rules. However, the United States Court of Appeals for the District of Columbia Circuit has found the EEO program requirements of the EEO Rule to be unconstitutional. Lutheran Church - Missouri Synod v. FCC, 141 F.3d 344 (D.C. Cir. 1998), petition for reh'g denied, 154 F.3d 487, petition for reh'g en banc denied, 154 F.3d
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/1999/fcc99273.doc
  • Springs, Colorado. For the reasons that follow, we deny the petition. In the MO&O, which was released April 16, 1997, the Commission renewed the license for KRDO-TV subject to reporting conditions and issued a Notice of Apparent Liability for an $11,000 forfeiture for violations of the Equal Employment Opportunity (``EEO'') program requirements of the broadcast EEO Rule. 47 C.F.R. � 73.2080. Pikes Peak did not file a response to the NAL challenging the amount of the forfeiture or the underlying rule violation. See 47 C.F.R. � 1.80(f)(3). Rather, Pikes Peak paid the forfeiture in full on May 14, 1997, and complied with the reporting conditions, notwithstanding the fact that it disputed the imposition of the NAL in the cover letter submitted
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/da001121.doc
  • the Federal Register, as stated in paragraph 128 of the R&O. The R&O was published in the Federal Register on May 10, 2000; thus, the rules will be effective June 9, 2000. The Federal Register has been notified of this correction to the summary. 2. In addition, this Erratum also corrects or clarifies the amendments made to �� 11.11, 73.1690, 73.2080, 73.3580, and the table of contents to Subpart J of Part 73 of the rules. With respect to � 11.11, ``The Emergency Alert System (EAS),'' there is a typographical error in the table ``Timetable Broadcast Stations'' as it was printed in the Federal Register. With respect to � 73.1690, ``Modification of transmission systems,'' a revised paragraph (c )(3) was inadvertently
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00020a.pdf
  • full-time employees? Consider as "full-time" employees all those permanently working 30 or more hours a week. FILING INSTRUCTIONS. Broadcast station licensees and cable entities are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Sections 73.2080 and 76.71 et seq. Pursuant to these requirements, a broadcast station employment unit that employs five or more full-time station employees, and a cable employment unit with six or more full-time employees must file an initial election statement. If a broadcast station employment unit employs fewer than five full-time employees, or a cable employment unit employs fewer than six full-time
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • should be as free of unnecessary rules, paperwork, logs, etc., as is practical. Comments of Ronnie Miller at 23; Comments of Gene Kirby at 1. As noted above, however, LPFM licensees must maintain a political file. See � 175. Report and Order in BC Docket No. 78-253, 51 RR 2d 476 (1982) (``Low Power Television R&O''). See 47 C.F.R � 73.2080(a). Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 U.S. 621, 628-29 (D.C. Cir. 1978). See 47 C.F.R. � 73.2080(b) and (c). The United States Court of Appeals for the District of Columbia Circuit held that the EEO program requirements of the broadcast EEO Rule are unconstitutional. Lutheran Church - Missouri Synod v. FCC, 141 F.3d 344, pet. for
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • entities compare their employment profile with the local labor force. In addition, the Commission indicated that it would no longer compare individual broadcast licensees' or cable entities' employment profiles with the local labor force, even as a screening device. We proposed to retain the cable and broadcasting rules' general EEO policy/program requirements as outlined in 47 C.F.R. �� 76.73(b) and 73.2080(b), respectively. Further, we proposed to retain most of the cable and broadcasting rules' specific EEO program requirements. The NPRM proposed several alternative recruitment approaches with the objective of ensuring the broadest dissemination of vacancy information. We asked generally for comments on ways the Commission could encourage entities to expand their pools of qualified applicants without creating any incentives to prefer
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00115.txt
  • licensee of each AM, FM, TV or Class A TV broadcast station must designate a person to serve as the station's chief operator. At times when the chief operator is unavailable or unable to act (e.g., vacations, sickness), the licensee shall designate another person as the acting chief operator on a temporary basis. * * * * * 36. Section 73.2080 is amended to read as follows: � 73.2080 Equal employment opportunities. (a) General EEO Policy. Equal opportunity in employment shall be afforded by all licensees or permittees of commercially or noncommercially operated AM, FM, TV, Class A TV, or international broadcast station (as defined in this part) to all qualified persons, and no person shall be discriminated against in employment
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00132.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00132.txt
  • provide a persuasive explanation of how our inclusive recruitment requirements will pressure broadcasters to make race or gender-based hiring decisions. There is simply no aspect of the inclusive outreach requirements that will pressure stations to make race or gender-based hiring decisions, and the rules explicitly prohibit preferential treatment on the basis of race or gender. See 47 C.F. R. � 73.2080(c). State Broadcasters' assertion that the requirement that broadcasters file annual employment reports will pressure them to make race-conscious hiring decisions is based on a mistaken assumption concerning the Commission's use of annual employment data. State Broadcasters erroneously claim that the Commission will use the race and gender based data to initiate station audits and investigations or consider third party complaints.
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00338.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00338.txt
  • received inquiries as to whether it would be permissible to implement half of two options and combine the two halves to count as one of the four initiatives (or two in the case of stations with five to ten full-time employees) required over two years, such as, by combining attendance at two (rather than four) job fairs pursuant to Section 73.2080(c)(2)(i) and sponsorship of one (rather than two) community event pursuant to Section 73.2080(c)(2)(xi). This would be consistent with the intent of our Rule, which is designed to afford broadcasters flexibility in the implementation of the menu options. Thus, we wish to encourage broadcasters to experiment in order to find the outreach initiatives that will be most effective in their communities
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.txt
  • Commission Washington, D.C. 20554 ) In the Matter of ) ) Suspension of the Broadcast and Cable Equal ) Employment Opportunity Outreach ) Program Requirements ) MEMORANDUM OPINION AND ORDER Adopted: January 30, 2001 Released: January 31, 2001 By the Commission: Commissioner Tristani issuing a separate statement. In this Memorandum Opinion and Order the Commission suspends the effectiveness of Sections 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802 of the Commission's Rules, 47 C.F.R. �� 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802. These provisions relate to Equal Employment Opportunity (``EEO'') outreach program requirements applicable to broadcast licensees and cable entities. The suspension shall continue until further order of the Commission. The Commission adopted new
• http://www.fcc.gov/Bureaus/OGC/Briefs/1998/petn971116.html http://www.fcc.gov/Bureaus/OGC/Briefs/1998/petn971116.txt http://www.fcc.gov/Bureaus/OGC/Briefs/1998/petn971116.wp
  • v. Amos, 483 U.S. 327 (1987), showed that it was entitled to give preferential treatment to Lutherans. The panel instead, contrary to all canons of judicial restraint, decided the case on the broadest constitutional ground available: the equal protection argument made in four paragraphs at the end of appellant's brief. The panel reviewed the Commission's three-decades-old EEO rule, 47 C.F.R. 73.2080, concluded that the rule was not race-neutral and thus triggered strict scrutiny, and struck down the EEO program requirements of the EEO rule under the equal protection component of the Fifth Amendment. This improper exercise of judicial authority resulted in a decision in which the court erroneously held the EEO rule to be unconstitutional. The panel improperly held that the
• http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.pdf http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.txt http://www.fcc.gov/Bureaus/Wireless/Notices/1999/fcc99097.wp
  • We seek comment on these proposals. Federal Communications Commission FCC 99-97 102 Section 312(g) of the Communications Act, 47 U.S.C. � 312(g). 103 47 C.F.R. � 73.1750. 104 See, e.g., 47 C.F.R. � 101.311. 105 Sections 22.321, 90.168 of the Commission's Rules, 47 C.F.R. �� 22.321, 90.168. 106 Section 25.601 of the Commission's Rules, 47 C.F.R. � 25.601. 107 Section 73.2080 of the Commission's Rules, 47 C.F.R. � 73.2080, was struck down as unconstitutional as respects the outreach portions of the Commission's EEO program requirements for broadcast stations and remanded to the Commission for a determination whether the non-discrimination rule is within its statutory authority. See Lutheran Church-Missouri Synod v. FCC, Case No. 97-1116, 141 F.3d 344, reh'g denied, 154 F.3d
• http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.doc http://www.fcc.gov/Bureaus/Wireless/Orders/2000/fcc00005.txt
  • that that an applicant's EEO requirements are determined by the type of service an applicant chooses to provide. All commercial mobile radio service (CMRS) providers are subject to the Commission's EEO requirements, for example, see Parts 22 and 90 of our rules. Similarly, a licensee that provides broadcast service will be subject to the Commission's EEO Rules contained in Section 73.2080. We also note that commercial mobile service providers are generally subject to the Commission's common carrier EEO obligations. Technical Rules All licensees in the 747-762 MHz and 777-792 MHz bands, including licensees who acquire their licenses through partitioning or disaggregation, will be subject to the general provisions of Part 27 relating to equipment authorization, frequency stability, antenna structures and air
• http://www.fcc.gov/Daily_Releases/Daily_Digest/1997/dd970317.html
  • distribution contract clause. Action by the Commission. Adopted: March 13, 1997. by MO&O. (FCC No. 97-88). CSB Internet URL: [13]http://www.fcc.gov/Bureaus/Cable/Orders/1997/fcc97088.txt KXRM-TV PARTNERSHIP. Ordered to forfeit $13,000 for failing to pursue adequate Equal Employment Opportunity recruitment efforts and failing to maintain sufficient records for meaningful self-assessment, at KXRM-TV, Colorado Springs, CO, in violation of the Commission's EEO Rule, 47 C.F.R. Section 73.2080. Adopted: March 6, 1997. by MO&O & Forfeiture. (FCC No. 97-79). MMB Internet URL: [14]http://www.fcc.gov/Bureaus/Mass_Media/Orders/1997/fcc97079.txt GREATER LOS ANGELES RADIO, INC. Adopted Settlement Agreement relating to the Notice of Apparent Liability issued October 27, 1992. Action by the Commission. Adopted: February 26, 1997. by MO&O. (FCC No. 97-66). MMB VALLEY PUBLIC TELEVISION, INC. Terminated Proceeding and denied Valley's Application for Review
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2008/dd080325.html
  • Reconsideration of the grant of an application for a minor change for Station WMGL(FM), Ravenel, South Carolina. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 08-673). MB [68]DA-08-673A1.doc [69]DA-08-673A1.pdf [70]DA-08-673A1.txt COWLEY COUNTY BROADCASTING, INC. Dismissed the complaint against Cowley County Broadcasting, Inc., licensee of Stations KSOK-FM, Winfield, Kansas, and KSOK(AM), Arkansas City, Kansas, alleging violation of Section 73.2080. Action by: Assistant Chief, Policy Division, Media Bureau. Adopted: 03/25/2008 by LETTER. (DA No. 08-518). MB [71]DA-08-518A1.doc [72]DA-08-518A1.pdf [73]DA-08-518A1.txt MEDIA GENERAL COMMUNICATIONS HOLDINGS, LLC, NAACP, FREE PRESS, MEDIA ACCESS PROJECT , WJHL-TV, JOHNSON CITY, TENNESSEE, ET AL. Dismissed the informal objection, petitions to deny and motions to dismiss. Granted the renewal applications. Action by: Chief, Video Division, Media Bureau by
• http://www.fcc.gov/DiversityFAC/040614/EqualTransactionalOpportunityRule-recommendation.doc
  • land), cited favorably in Letter to Rosel H. Hyde, Chairman, Federal Communications Commission, from Stephen J. Pollak, Assistant Attorney General, Civil Rights Division, Department of Justice, May 21, 1968 (the ``Pollak Letter''), reprinted in Nondiscrimination in the Employment Practices of Broadcast Licensees (MO&O and NPRM), 13 FCC2d 766, 776-77 (1968)) (adopting the original broadcast EEO rule, codified at 47 C.F.R. �73.2080(a)). Inapplicability Of The Crosley Rule. The Commission cannot consider a specific potential purchaser ``other than the proposed assignee or transferee.'' This proscription is found in the Crosley Rule, codified at 47 U.S.C. �310(d), which limits the applicability of Ashbacker in the transactional context. However, the Commission has determined that a proposed rule that would have governed the manner in which
• http://www.fcc.gov/DiversityFAC/041210/career_advancement.pdf
  • Advancement Subcommittee Recommendation to the Federal Communications Commission's Advisory Committee on Diversity for Communications in the Digital Age November __, 2004 Recommendation for a Regulatory Initiative for Career Advancement Be it resolved that the Advisory Committee on Diversity for Communications in the Digital Age recommends that the Federal Communications Commission consider amending its broadcast equal employment opportunity rule, 47 C.F.R. �73.2080, as suggested in the redline version below. Comparable amendments would be made to the cable and multichannel video equal employment rules. These amendments are designed to accomplish two objectives simultaneously: 1. Require licensees large enough to operate career advancement programs (those with ten or more employees) to undertake at least three steps every two years aimed at promoting the development
• http://www.fcc.gov/DiversityFAC/041210/transcript121004.doc
  • which we begin. There was an extensive ruling, and actually a couple of them over the last several years, relating to what a broadcast licensee, cable or MVPDM [MVPD] -- I'm going to get the initials wrong -- is expected to do during the term of its license, by way of outreach. Those rules were broadcast, or memorialized in Section 73.2080 of the rules, and subsection (c) contains essentially a menu that was worked up through public comment, and this menu, Outreach Prong 3, contains six different initiatives that a company could hypothetically undertake, examples being -- they're aimed mostly at outreach -- examples being having job fairs, or participating in them, or developing relationships with educational institutions, and coming to
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/EEOrule.doc
  • Advancement Subcommittee Recommendation to the Federal Communications Commission's Advisory Committee on Diversity for Communications in the Digital Age November __, 2004 Recommendation for a Regulatory Initiative for Career Advancement Be it resolved that the Advisory Committee on Diversity for Communications in the Digital Age recommends that the Federal Communications Commission consider amending its broadcast equal employment opportunity rule, 47 C.F.R. �73.2080, as suggested in the redline version below. Comparable amendments would be made to the cable and multichannel video equal employment rules. These amendments are designed to accomplish two objectives simultaneously: Require licensees large enough to operate career advancement programs (those with ten or more employees) to undertake at least three steps every two years aimed at promoting the development of
• http://www.fcc.gov/DiversityFAC/adopted-recommendations/EqualTransactionalOpportunityRuleRecommend.doc
  • land), cited favorably in Letter to Rosel H. Hyde, Chairman, Federal Communications Commission, from Stephen J. Pollak, Assistant Attorney General, Civil Rights Division, Department of Justice, May 21, 1968 (the ``Pollak Letter''), reprinted in Nondiscrimination in the Employment Practices of Broadcast Licensees (MO&O and NPRM), 13 FCC2d 766, 776-77 (1968)) (adopting the original broadcast EEO rule, codified at 47 C.F.R. �73.2080(a)). Inapplicability Of The Crosley Rule. The Commission cannot consider a specific potential purchaser ``other than the proposed assignee or transferee.'' This proscription is found in the Crosley Rule, codified at 47 U.S.C. �310(d), which limits the applicability of Ashbacker in the transactional context. However, the Commission has determined that a proposed rule that would have governed the manner in which
• http://www.fcc.gov/Forms/Form301/301.pdf
  • percent or more interest in the partnership. I. Item 12: Equal Employment Opportunity Program. Applicants seeking authority to construct a new commercial broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This program is submitted to the Commission
• http://www.fcc.gov/Forms/Form303-S/303s.pdf
  • application is required to be filed. See 47 C.F.R. � 73.3615(d). Item 2: EEO Program. Each licensee of an AM, FM and TV broadcast station is required to afford equal employment opportunity to all qualified persons and to refrain from discrimination in employment and related benefits on the basis of race, color, religion, national origin, etc. See 47 C.F.R. � 73.2080. Pursuant to these requirements, a license renewal applicant whose station employs five or more full-time employees must file a report of its activities to ensure equal employment opportunity. If a station employment unit 9 employs fewer than five full-time employees, no equal employment opportunity program information need be filed. Additionally, each licensee must place in the station's public inspection file
• http://www.fcc.gov/Forms/Form314/314.pdf
  • Equal Employment Opportunity Program. Applicants seeking authority to obtain assignment of the construction permit or license of a commercial, noncommercial or international broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis or race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This is submitted to the Commission as
• http://www.fcc.gov/Forms/Form315/315.pdf
  • Program. Applicants seeking authority to acquire control of an entity holding such construction permit or license of a commercial, noncommercial or international broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis or race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This is submitted to the Commission as
• http://www.fcc.gov/Forms/Form340/340.pdf
  • 5 percent or more interest in the partnership. Question 14. Equal Employment Opportunity Program. Applicants seeking authority to construct a new noncommercial broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This program is submitted to the Commission
• http://www.fcc.gov/Forms/Form345/345.pdf
  • license of a station or acquire control of an entity holding a construction permit or license of a commercial, noncommercial or international broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This program is submitted to the Commission
• http://www.fcc.gov/Forms/Form349/349.pdf
  • 5 percent or more interest in the partnership. L. Item 13. Equal Employment Opportunity Program. Applicants seeking authority to construct a new broadcast station are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees in its station employment unit must establish a program designed to assure equal employment opportunity for women and minority groups (that is, Blacks not of Hispanic origin, Asian or Pacific Islanders, American Indians or Alaskan Natives, and Hispanics). This program is submitted to the Commission
• http://www.fcc.gov/Forms/Form396/396.pdf
  • five full-time employees? Consider as "full-time" employees all those permanently working 30 or more hours a week. Yes No FILING INSTRUCTIONS Broadcast station licensees are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, a license renewal applicant whose station employment unit employs five or more full-time station employees must file a report of its activities to ensure equal employment opportunity. If a station employment unit employs fewer than five full-time employees, no equal employment opportunity program information need be filed. If a station employment unit is filing a combined
• http://www.fcc.gov/Forms/Form396A/396a.pdf
  • construction permit or license of such a station, and applicants seeking authority to acquire control of an entity holding such construction permit or license are required to afford equal employment opportunity to all qualified persons and to refrain from discrimination in employment and related benefits on the basis of race, color, religion, national origin or sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, an applicant who proposes to employ five or more full-time employees must establish a program designed to assure equal employment opportunity. This is submitted to the Commission as the Model EEO Program. For purposes of this form, a station employment unit is a station or a group of commonly owned stations in the same market that
• http://www.fcc.gov/Forms/Form397/397.pdf
  • true and correct. Consider as "full-time" employees all those permanently working 30 or more hours a week. Yes No FILING INSTRUCTIONS Broadcast station licensees are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, a television station employment unit that employs five or more full-time station employees must file a full and complete Broadcast Mid-Term Report. If a television station employment unit employs fewer than five full-time employees, only the first two pages of this report need be filed. A copy of this Mid-Term Report must be kept in the
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.doc http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr005.txt
  • required to serve the needs of the ``entire''community, rather than their ``small, local'' group, Report & Order at para. 17. So much for the goal of creating low power stations for use by churches and church groups. And will the newly recreated Equal Employment Opportunity rules apply to low power stations with 5 or more employees? See 47 CFR section 73.2080(a) (applying rules to ``all licensees or permittees of commercially owned or noncommercially operated AM, FM, TV or international broadcast stations') (emphasis added). Presumably they must, just as, for instance, the political programming rules do. The required outreach and paperwork for EEO alone, not to mention all other regulations, may prove overwhelming for the operators of low-power radio stations. If these
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.doc http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/2000/sthfr008.txt
  • to make all such decisions with an eye toward achieving some level of racial representation, even ``balance,'' of employees and applicants. Under the specific EEO program requirements of Track A, a station potentially must ``co-sponsor[] at least one job fair with organizations in the business and professional community whose membership includes substantial participation of women and minorities.'' 47 CFR section 73.2080(c)(2)(iii). A station could also be required to ``list[] . . . each upper-level category opening in a job bank or newsletter of media trade groups whose membership includes substantial participation of women and minorities.'' Id. section (c)(2)(xii). Although the Commission discontinues its prior practice of requiring the use of minority- and women-specific referral sources -- suggesting that this action insulates
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.txt http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr807.wp
  • EEO review is made, it is rooted in a rule of law. Legal Status of Changes in EEO Enforcement To all of this, there is a complicating factor: section 334 of the Communications Act. That provision states: "[T]he Commission shall not revise . . . the regulations concerning equal employment opportunity as in effect on September 1, 1992 (47 C.F.R. 73.2080) as such regulations apply to television broadcast station licensees and permittees; or . . . the forms used by such licensees and permittees to report pertinent employment data to the Commission." 47 U.S.C. section 334(a)(1)-(2). In light of section 334, the Commission noted at the outset of this proceeding that any changes in our EEO system that "require the revision
• http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.html http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.txt http://www.fcc.gov/Speeches/Furchtgott_Roth/Statements/sthfr850.wp
  • Broadcast Station Annual Employment Reports and Program Reports I believe that it is important to acknowledge publicly the unspoken premise that underlies this MO&O: now that the United States Court of Appeals for the D.C. Circuit has denied the petition for rehearing en banc in Lutheran Church - Missouri Synod v. FCC and issued its mandate in that case, sections 73.2080(b) & (c) are currently null and void. Although the MO&O does not say so, it is, after all, the present legal invalidity of these regulations that requires us to clarify the status of ancillary rules such as section 73.3612. For my part, I see no need for broadcasters to report on the conduct of their EEO programs given the simple
• http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • C.F.R. � 73.1941 (equal opportunities); 47 C.F.R. � 73.1942 (candidate rates), 47 C.F.R. � 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. �� 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. � 73.671 (educational and informational programming). 18 U.S.C. � 1464; 47 C.F.R. � 73.3999. 47 C.F.R. � 73.2080. 47 C.F.R. Part 79. 47 U.S.C. � 336(d) (``Nothing in this section shall be construed as relieving a television broadcast station from its obligation to serve the public interest, convenience, and necessity.''). See also Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, Fifth Report & Order, 12 FCC Rcd 12810, 12830, �
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-260541A1.html
  • three years ago. 7. Section 73.3526 of the Rules states that broadcast licensees must maintain public inspection files at their main studios.7 Section 73.3526(e) of the Rules specifies the content that must be retained in the public inspection file. Section 73.3526(e)(7) of the Rules states that a public file must contain EEO information required to be kept pursuant to Section 73.2080 until final action has been taken on the station's next license renewal application.8 Section 73.2080 of the Rules requires a broadcast licensee to retain a copy of FCC Form 396 (Broadcast Equal Employment Opportunity Program Report) in its public inspection file.9 Section 73.3526(e)(13) of the Rules states that a public file must contain a statement certifying compliance with public notice
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-286296A1.html
  • complete ownership report filed with the FCC for the station, together with any statements filed with the FCC certifying that the current report is accurate, and together with all related material." The latest ownership report in the station's public inspection file was from 2006. b. 47 C.F.R. S: 73.2526(e)(7): "Equal Employment Opportunity file. Such information as is required by S: 73.2080 to be kept in the public inspection file." The latest Equal Employment Opportunity report in the station's public inspection file was from 2006. 4. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, and Section 1.89 of the Commission's Rules, WJIT Broadcasting Corp. must submit a written statement concerning this matter within twenty (20) days of release
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-290206A1.html
  • C.F.R. S: 73.3526 (e)(5)(7)(12): "Local public inspection file of commercial stations. Contents of the file. The material to be retained in the public inspection file is as follows: (5) Ownership reports and related materials. A copy of the most recent, complete ownership report filed with the FCC for the station...(7) Equal Employment Opportunity file. Such information as is required by S:73.2080 to be kept in the public inspection file... (12) Radio issues/programs lists. For commercial AM and FM broadcast stations, every three months a list of programs that have provided the station's most significant treatment of community issues during the preceding three month period." During the station inspection, the above mentioned items were missing or incomplete and there was no mechanism
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-302030A1.html
  • of this section. All tests will conform with the procedures in the EAS Operating Handbook." At the time of the inspection, the licensee failed to ensure that, over the three months prior to the inspection, multiple tests of the EAS system were conducted c. 47 C.F.R. S: 73.3526(e)(7): "Equal Employment Opportunity (EEO) file. Such information as is required by S: 73.2080 is to be kept in the public inspection file." At the time of the inspection, the required EEO information was not in KFNX's public inspection file. 3. As the nation's emergency warning system, the Emergency Alert System is critical to public safety, and we recognize the vital role that broadcasters play in ensuring its success. The Commission takes seriously any
• http://www.fcc.gov/fcc-bin/audio/DA-03-1046A1.doc http://www.fcc.gov/fcc-bin/audio/DA-03-1046A1.pdf
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit DA 03-1046 March 31, 2003 MEDIA BUREAU ACTION Interim Policy Concerning Placement of Equal Employment Opportunity Public File Report in a Broadcaster's Public File MM Docket No. 98-204 By this Public Notice the Media Bureau establishes an interim policy concerning the enforcement of the requirement of the Equal Employment Opportunity (``EEO'') rule - Section 73.2080 - that a broadcaster that is part of an employment unit with five or more full-time employees place information concerning its EEO efforts in its public file and on its web site, if it has one. See Section 73.2080(c)(6). Pursuant to that provision, the information is required to be placed in the station's public file on the anniversary of the
• http://www.fcc.gov/fcc-bin/audio/DA-06-1551A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1551A1.pdf
  • of Radio, Report and Order, 84 F.C.C.2d 968, 977 (1981), on recon., 87 F.C.C.2d 797 (1981), remanded on other grounds sub nom., Office of Communication of the United Church of Christ v. FCC, 707 F.2d 1413 (D.C. Cir. 1983) (``Radio Deregulation''); see also Broadcast Localism (Notice of Inquiry), 19 FCC Rcd 12425, 12429 (2004) (``Broadcast Localism''). See 47 C.F.R. � 73.2080. See File No. B396 - 20030929ANZ. OET Bulletin 65, Edition 97-01, ``Evaluating Compliance with FCC Guidelines for Human Exposure to Radiofrequency Electromagnetic Fields,'' at p. 12. ``Opposition to Petition to Deny,'' Exhibit A (``RF Field Study for Tower Top Investments, Inc., Crown Mountain, St. Thomas Tower Facility - August 13, 2003''). Id. See 47 C.F.R. �� 1.1307(b) and 1.1310. See
• http://www.fcc.gov/fcc-bin/audio/DA-06-1921A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1921A1.pdf
  • of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), by the Chief, Media Bureau, pursuant to authority delegated under Section 0.283 of the Rules, we find that New Northwest Broadcasters LLC (the ``Licensee''), licensee of Stations KFAT(FM), Anchorage, Alaska; KRPM(FM), Houston, Alaska; and KDBZ(FM), Anchorage, Alaska (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i), 73.2080(c)(3) and 73.2080(c)(5)(iii) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') recruitment, recruitment source, self-assessment, and recordkeeping requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of twelve thousand dollars ($12,000). For the reasons noted
• http://www.fcc.gov/fcc-bin/audio/DA-07-129A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-129A1.pdf
  • 1145, 1146 n.2 (D.C. Cir 1974). Sale Order at 4. Id. See supra nn.15-16 and accompanying text. Review of the Commission's Rules Regarding the Main Studio and Local Public Inspection Files of Broadcast Television and Radio Stations, Report and Order, 13 FCC Rcd 15691, 15708 (1998). Opposition to and/or Motion to Dismiss Petition to Deny at 8. 47 C.F.R. � 73.2080(c)(6). 47 C.F.R. � 73.2080(d). 47 C.F.R. �� 73.151 and 73.154. Opposition to Litton Petition to Deny Assignment Applications at 11. Id., Exhibit C at 3-4. Id. at 3. Opposition to and/or Motion to Dismiss Petition to Deny at 11; Exhibit B at 2. See D.H Overmyer, Memorandum Opinion and Order, 94 FCC 2d 117, 123 (1983) (challenges to the appointment
• http://www.fcc.gov/fcc-bin/audio/DA-07-2382A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2382A1.pdf
  • 104-104, 110 Stat. 56 (1996). See Implementation of Sections 204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures), Order, 11 FCC Rcd 6363 (1996). 47 U.S.C. �� 309(k)(2), 309(k)(3). Letter from Lewis Pulley, Chief, EEO Staff, Policy Division, Media Bureau, Federal Communications Commission to Union County Broadcasting Co., Inc. (July 14, 2004), citing 47 C.F.R. � 73.2080 (the ``EEO LOI''). Letter from J.B. Crawley to Lewis Pulley, Chief, EEO Staff, Policy Division, Media Bureau, Federal Communications Commission (Aug. 2, 2004) (the ``LOI Response''). Although the August 9 Petition references ``WMSK-AM'' in its first paragraph, it does not list the file number of or discuss the WMSK(AM) Application. August 9 Petition at 1. File No. BMPH-20040116ADB, granted by
• http://www.fcc.gov/fcc-bin/audio/DA-07-3510A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3510A1.pdf
  • the St. Cloud Tech College Job Fair, explaining that it reviewed r�sum�s and tapes that it had collected at that job fair, which took place a few months before the position came open. While Neidhardt does not allege a specific EEO Rule violation (and Licensee fails to cite to a specific Rule in its Opposition), the pertinent Rule is Section 73.2080(c)(6). That Rule requires a broadcast station to place an annual report in its public file which includes, among other things: (1) a list of all full-time vacancies filled by the station's employment unit during the preceding year, identified by job title; and (2) the recruiting sources used to fill each such vacancy. Based on the record before us, we find
• http://www.fcc.gov/fcc-bin/audio/DA-07-4025A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4025A1.pdf
  • from volunteering'' due to alleged personality conflicts with the Station's former manager. Id. Id. at 5. Opposition at 6. Id. Licensee further asserts that the Station received ``no complaints filed before any body having competent jurisdiction ... alleging unlawful discrimination in the employment practices of the Station.'' Id. Opposition at 3. Id. FCC File No. B396-20050531BBE. See 47 C.F.R. � 73.2080(d). See 47 U.S.C. � 309(d)(1); Area Christian Television, Inc., supra. See Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, Second Report and Order and Third Notice of Proposed Rule Making, 17 FCC Rcd 24018, 24036 (2002); see also Letter to J.B. Crawley and Mr. Martin Hensley, 22 FCC Rcd 10285, 10291 (MB 2007) (discrimination allegation
• http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-16A1.pdf
  • with an intent to deceive the Commission). Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules, Second Report and Order and Third Notice of Proposed Rule Making, 17 FCC Rcd 24018 (2002) (``Second Report and Order''). Opposition at 8 and Declaration of [Route 81 Board of Managers Member] David W. Unger at � 3. See 47 C.F.R. � 73.2080. See Neely, supra. 47 U.S.C. � 309(k); 47 C.F.R. �� 0.61, 0.283. Federal Communications Commission Washington, D.C. 20554 January 3, 2008 h� h� h� ) 9 > C S X ` ' `` � � � � � � � � � � � � � � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� -
• http://www.fcc.gov/fcc-bin/audio/FCC-08-206A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-206A1.pdf
  • and Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that W.S. Communications, L.L.C. (the ``Licensee''), licensee of Stations KWGL(FM), Ouray, Colorado and KAVP(AM), Colona, Colorado (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(1)(i), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6), 73.2080(c)(6)(iii), 73.2080(c)(6)(iv) and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, recruitment source information, interviewee information and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of
• http://www.fcc.gov/fcc-bin/audio/FCC-08-241A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-08-241A1.pdf
  • Notice of Apparent Liability for Forfeiture (``NAL'') issued pursuant to Sections 309(k) and 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's Rules (the ``Rules''), we find that Urban Radio I, LLC (the ``Licensee''), licensee of Stations WLIB(AM) and WBLS-FM, New York, New York (the ``Stations''), apparently willfully and repeatedly violated Sections 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules by failing to comply with the Commission's Equal Employment Opportunity (``EEO'') self-assessment, record keeping, interviewee information, and public file requirements. Based upon our review of the facts and circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in the amount of eight thousand dollars ($8,000). We impose
• http://www.fcc.gov/fcc-bin/audio/FCC-12-57A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-12-57A1.pdf
  • questions of fact, the question of whether PSC made out a prima facie case is moot. Mobile Communications Corp. of Am. v. FCC, 77 F.3d 1399, 1409-10 (D.C. Cir.) (quoting Citizens for Jazz on WRVR, Inc. v. FCC, 775 F.2d 392, 396 (D.C. Cir. 1985)), cert. denied, 519 U.S. 823 (1996). Application for Review at 10-11; see 47 C.F.R. � 73.2080 (prohibiting employment discrimination by broadcast licensees). Supplement to Petition to Deny, Exhibit 1 at 2. SRL DIP July 5, 2006, Opposition to Request for Leave to File a Supplement to Petition to Deny, Exhibit B at 2. See Southern Broadcast Corp. of Sarasota, 16 FCC Rcd 3655, 3659 (2001) (``Our policy with respect to discrimination complaints is only one of
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • station log. [567]TEXT [568]PDF 73.1820 Station log. [569]TEXT [570]PDF 73.1835 Special technical records. [571]TEXT [572]PDF 73.1840 Retention of logs. [573]TEXT [574]PDF 73.1870 Chief operators. [575]TEXT [576]PDF 73.1910 Fairness Doctrine. [577]TEXT [578]PDF 73.1940 Legally qualified candidates for public office. [579]TEXT [580]PDF 73.1941 Equal opportunities. [581]TEXT [582]PDF 73.1942 Candidate rates. [583]TEXT [584]PDF 73.1943 Political file. [585]TEXT [586]PDF 73.1944 Reasonable access. [587]TEXT [588]PDF 73.2080 Equal employment opportunities (EEO). [ [589]Media Bureau's EEO Page ] [590]TEXT [591]PDF 73.3500 Application and report forms. [592]TEXT [593]PDF 73.3511 Applications required. [594]TEXT [595]PDF 73.3512 Where to file; number of copies. [596]TEXT [597]PDF 73.3513 Signing of applications. [598]TEXT [599]PDF 73.3514 Content of applications. [600]TEXT [601]PDF 73.3516 Specification of facilities. [602]TEXT [603]PDF 73.3517 Contingent applications. [604]TEXT [605]PDF 73.3518 Inconsistent or conflicting
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • subject [932]Previous Subject Public Inspection File March 31, 2003 Interim Policy Concerning Placement of Equal Opportunity Employment Public File Report in a Broadcaster's Public File, MM Docket No. 98-204 Public Notice, DA 03-1046, , released March 31, 2003 [ [933]PDF | [934]Word ] Ten day grace period with respect to EEO public file reports due April 1, 2003. 47 CFR 73.2080(c)(6) requires broadcasters to place an EEO report in the station's public file. April 12, 2001 Letter to Franklin Township Community School Corporation [WRFT, Indianapolis, IN] Letter, 13 FCC Rcd 11681, dated April 12, 2001 [ [935]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. September 22, 2000 Riverside
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • subject [885]Previous Subject Public Inspection File March 31, 2003 Interim Policy Concerning Placement of Equal Opportunity Employment Public File Report in a Broadcaster's Public File, MM Docket No. 98-204 Public Notice, DA 03-1046, , released March 31, 2003 [ [886]PDF | [887]Word ] Ten day grace period with respect to EEO public file reports due April 1, 2003. 47 CFR 73.2080(c)(6) requires broadcasters to place an EEO report in the station's public file. April 12, 2001 Letter to Franklin Township Community School Corporation [WRFT, Indianapolis, IN] Letter, 13 FCC Rcd 11681, dated April 12, 2001 [ [888]Word ]. Teacher as station manager OK; public inspection file should be available throughout the calender year, including summer recess months. September 22, 2000 Riverside
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • station log. [520]TEXT [521]PDF 73.1820 Station log. [522]TEXT [523]PDF 73.1835 Special technical records. [524]TEXT [525]PDF 73.1840 Retention of logs. [526]TEXT [527]PDF 73.1870 Chief operators. [528]TEXT [529]PDF 73.1910 Fairness Doctrine. [530]TEXT [531]PDF 73.1940 Legally qualified candidates for public office. [532]TEXT [533]PDF 73.1941 Equal opportunities. [534]TEXT [535]PDF 73.1942 Candidate rates. [536]TEXT [537]PDF 73.1943 Political file. [538]TEXT [539]PDF 73.1944 Reasonable access. [540]TEXT [541]PDF 73.2080 Equal employment opportunities (EEO). [ [542]Media Bureau's EEO Page ] [543]TEXT [544]PDF 73.3500 Application and report forms. [545]TEXT [546]PDF 73.3511 Applications required. [547]TEXT [548]PDF 73.3512 Where to file; number of copies. [549]TEXT [550]PDF 73.3513 Signing of applications. [551]TEXT [552]PDF 73.3514 Content of applications. [553]TEXT [554]PDF 73.3516 Specification of facilities. [555]TEXT [556]PDF 73.3517 Contingent applications. [557]TEXT [558]PDF 73.3518 Inconsistent or conflicting
• http://www.fcc.gov/mb/index.html
  • the list broken down by state, [45]follow this link. [46]Media Bureau Databases Equal Employment Opportunity EEO Headlines 10/8/08 FCC Continues 2008 EEO Audits. On October 7, 2008, the Federal Communications Commission mailed the second set of its Equal Employment Opportunity (EEO) audit letters for 2008 to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commissions Rules, 47 C.F.R. 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Public Notice: [47]Word | [48]Acrobat October 7, 2008 audit letter: [49]Acrobat 8/28/08 Media Bureau Adopts DIRECTV, Inc Order and Consent Decree. Order: [50]Word | [51]Acrobat 8/26/08 Commission Proposes Revisions To FCC Forms 395-A and 395-B. Public
• http://www.fcc.gov/mb/policy/eeo/auditFeb2007.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � February 8, 2007 Dear Licensee: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its EEO program. (A copy of Section 73.2080 is enclosed for your reference.) 2. If the Unit is not required to have an EEO recruitment program due to the size of
• http://www.fcc.gov/mb/policy/eeo/auditJune72006.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit June 7, 2006 Dear Station Manager: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules (a copy of which is attached), your employment unit has been randomly selected for an audit of its EEO program. 2. If your unit is not required to have an EEO recruitment program due to its size (employing fewer than five full-time employees, defined as employees regularly assigned to work 30 hours
• http://www.fcc.gov/mb/policy/eeo/auditletterjan30.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit January 30, 2006 Dear Station Manager: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules (a copy of which is attached), your employment unit has been randomly selected for an audit of its EEO program. 2. If your unit is not required to have an EEO recruitment program due to its size (employing fewer than five full-time employees, defined as employees regularly assigned to work 30 hours
• http://www.fcc.gov/mb/policy/eeo/auditletterjune10.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit June 10, 2005 Dear Station Manager: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules (a copy of which is attached), your employment unit has been randomly selected for an audit of its EEO program. 2. If your unit is not required to have an EEO recruitment program due to its size (employing fewer than five full-time employees, defined as employees regularly assigned to work 30 hours
• http://www.fcc.gov/mb/policy/eeo/auditletterjune12.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit � � June 12, 2007 Dear Licensee: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules, the station employment unit (the ``Unit'') that includes your above-referenced station (the ``Station'') has been randomly selected for an audit of its EEO program. (A copy of Section 73.2080 is enclosed for your reference.) 2. If the Unit is not required to have an EEO recruitment program due to the size of
• http://www.fcc.gov/mb/policy/eeo/auditlettersept29.doc
  • Content-Type: text/plain Content-Transfer-Encoding: 8bit September 29, 2005 Dear Station Manager: 1. In accordance with the provisions of 47 C.F.R. � 73.2080(f)(4) of the Commission's Equal Employment Opportunity (EEO) rules (a copy of which is attached), your employment unit has been randomly selected for an audit of its EEO program. 2. If your unit is not required to have an EEO recruitment program due to its size (employing fewer than five full-time employees, defined as employees regularly assigned to work 30 hours
• http://www.fcc.gov/ogc/documents/opinions/1998/luthdiss.html http://www.fcc.gov/ogc/documents/opinions/1998/luthdiss.wp
  • dissenting from the denial of rehearing en banc: By subjecting an agency's nonpreferential anti-discrimination policies to scrutiny appropriate only for racial classifications, the panel in this case has created a constitutional issue where none exists. At issue are equal employment opportunity regulations promulgated by the Federal Communications Commission ("Commission" or "FCC"). The regulations prohibit discrimination in employment. See 47 C.F.R. 73.2080(a) (1997). The regulations also require broadcast stations to maintain "a positive continuing program of specific practices designed to ensure equal opportunity in every aspect of station employment policy and practice." 47 C.F.R. 73.2080(b). In particular, broadcasters are required to make sure that managers, employees, and prospective employees are fully apprised of the equal employment opportunity policy; in addition, broadcasters are
• http://www.fcc.gov/ogc/documents/opinions/1998/lutheran.html http://www.fcc.gov/ogc/documents/opinions/1998/lutheran.wp
  • religious mission, the Church believes that many, if not most, of the positions at the station require a knowledge of Lutheran doctrine. The Commission has adopted equal employment opportunity (EEO) regulations that impose two basic obligations on radio stations. Stations are forbidden to discriminate in employment against any person "because of race, color, religion, national origin, or sex." 47 C.F.R. 73.2080(a) (1997). And stations must adopt an affirmative action "EEO program" targeted to minorities and women. 47 C.F.R. 73.2080(b) & (c) (1997). Such a program must include a plan for (1) disseminating the equal opportunity program to job applicants and employees; (2) using minority and women-specific recruiting sources; (3) evaluating the station's employment profile and job turnover against the availability of
• http://www.fcc.gov/ogc/documents/opinions/1998/luthreh.html http://www.fcc.gov/ogc/documents/opinions/1998/luthreh.wp
  • opinion, would continue to apply to the Church even if King's Garden were overruled. In its Lutheran Church order, the Commission indicated that any religious exemption would apply to the entire set of EEO regulations. But in its new policy statement, the Commission expressly disavowed that position. 13 F.C.C.R. 6322, 6325 (1998) ("Religious broadcasters will also remain subject to Sections 73.2080(b) and (c) of the Commission's Rules ... notwithstanding any suggestion to the contrary in Lutheran Church/Missouri Synod, 12 F.C.C.R. 2152, 2166 n.9 (1997)."). The Church would thus still remain obligated to exercise racial preferences within the pool of Lutheran applicants under the Com-mission's EEO rules. As such, modification of the King's Garden policy, whether pursuant to RFRA or the Commission's
• http://www.fcc.gov/ogc/documents/opinions/2001/00-1094.doc http://www.fcc.gov/ogc/documents/opinions/2001/00-1094.pdf http://www.fcc.gov/ogc/documents/opinions/2001/00-1094.txt
  • 334(a)(1). The regulations then in effect required all broadcast licen- sees -- both radio and television stations -- not only to refrain from invidious discrimination but also to "establish, maintain, and carry out a positive continuing program of specific practices designed to ensure equal opportunity and nondiscrimination in every aspect of station employment poli- cy and practice." 47 C.F.R. s 73.2080(b). The regulations required stations to seek out sources likely to refer female and minority applicants for employment, to track the source of each referral, and to record the race and sex of each applicant and of each person hired. If these data indicated that a station employed a lower percentage of women and minorities than were employed in the local
• http://www.fcc.gov/ogc/documents/opinions/2005/01-1072-020405.pdf
  • of the appeals because the Coalition has failed to establish it has constitutional standing to bring them. I. The University filed its license renewal application in September 1996. In January 1997 Rainbow filed a petition to deny the application under 47 U.S.C. � 309(d)(1), asserting that the University had violated the FCC's Equal Employment Opportunity (EEO) rule, 47 C.F.R. � 73.2080, by discriminating on the basis of race in its employment decisions. Appended to the petition to deny were declarations by one former part-time employee, Winnie Sullivan, who had filed a discrimination complaint against the University with the Equal Employment Opportunity Commission (EEOC) and, subsequently, an unsuccessful suit for discriminatory termination in the Eastern District of Missouri, and by two other
• http://www.fcc.gov/ownership/roundtable_docs/waldfogel-c.pdf
  • (1978). ComTrain is a management training program run by the NTIA's MTDP (Minority Telecommunications Development Program). Other policies not on their face designed to assist minority broadcasters may nevertheless disproportionately benefit minority applicants for station licenses. For example, the Telecommunications Development Fund was established under the 1996 Telecommunications Act to provide capital to small businesses. 40 See 47 C.F.R. ' 73.2080. These requirements were overturned by the D.C. Circuit in Lutheran Church-Missouri Synod v. FCC , 1998 U.S. App. LEXIS 7387 (D.C. Cir.).
• http://www.fcc.gov/sptf/files/SRRWGFinalReport.doc http://www.fcc.gov/sptf/files/SRRWGFinalReport.pdf
  • of 1999). See, e.g., Public Workshop on Spectrum Rights and Responsibilities. See 47 U.S.C. � 312(a)(7), 47 C.F.R. �73.1944 (reasonable access); 47 U.S.C. � 315, 47 C.F.R. � 73.1941 (equal opportunities). 47 U.S.C. � 303(b), 47 C.F.R. �� 73.671, 73.673, 73.3526. 18 U.S.C. � 1464; 47 U.S.C. � 303, 47 C.F.R. � 73.3999. 47 U.S.C. � 303(w). 47 C.F.R. � 73.2080. 47 C.F.R. � 73.4280. See generally NAB/MSTV Joint Comments; APTS Comments; NPR Comments; SBE Comments. But see 47 C.F.R. �� 73.641-73.644. See NPR Comments. See Statement of Victor Tawil at the Public Workshop on Spectrum Rights and Responsibilities at 90-94. Broadcast spectrum can be used for ancillary or supplementary services that do not interfere with the primary broadcast signal, e.g.,