[Federal Register: September 29, 2003 (Volume 68, Number 188)]
[Notices]
[Page 55960-55961]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se03-69]
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FEDERAL COMMUNICATIONS COMMISSION
[Docket No. 98-204; DA 03-2896]
Media Bureau Implements New EEO Form 396-C With Mandatory
Electronic Filing
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: This document announces the mandatory electronic filing of the
FCC Form 396-C. The Commission suspended the previous version of this
form and adopted the current version with a new EEO rule. Paper version
of the form will not be accepted after deadline date unless accompanied
by request for waiver.
FOR FURTHER INFORMATION CONTACT: Estella Salvatierra (202) 418-1789,
Policy Division, Media Bureau.
SUPPLEMENTARY INFORMATION: This is a summary of the Media Bureau's
Public Notice (``PN''), DA 03-2896, adopted and released September 23,
2003. The complete text of this PN is available for inspection and
copying during normal business hours in the FCC Reference Center, Room
CY-A257, 445 12th Street, SW., Washington, DC, and may also be
purchased from the Commission's copy contractor, Qualex International,
Portals
[[Page 55961]]
II, 445 12th Street SW., Room CY-B-402, Washington, DC 20554, telephone
(202) 863-2893; facsimile (202) 863-2898, or via e-mail qualexint@aol.com.
Synopsis of Public Notice
1. By this PN the Media Bureau announces mandatory electronic
filing for FCC Form 396-C, Multi-channel Video Program Distributor EEO
Program Annual Report (September, 2003 Edition).
2. Mandatory electronic filing commenced on September 23, 2003. The
paper version of the form will not be accepted for filing after
September 23, 2003, unless accompanied by an appropriate request for
waiver of the electronic filing requirement. The forms are due to be
filed with the Commission by September 30, 2003. For 2003, only, filers
may file the form up to midnight on October 15, 2003, and still be
timely. Users can access the electronic filing system via the Internet
from the Media Bureau's Web Site at: http://www.fcc.gov/mb
3. Randomly selected MVPDs will be required to fill out portions of
the Supplemental Investigation Sheet (``SIS'') at the end of the form.
Only those required to file the SIS will see a box checked on page one
of the electronic version of the form next to the statement,
``Supplemental Investigation Sheet attached.'' For those required to
file the SIS, we are requiring this year that job descriptions be
provided only for the technicians category (two descriptions) and that
only questions one, three, and five be answered in the question list.
Units will not know that they are required to fill out the SIS until
they begin the electronic filing process, but that process can be
stopped, and information filled out saved, before actually filing the
form. As with other electronic forms, filers mayh fill out part or all
the form and press ``save'' to save what they have filled out.
``Savings'' does not file the form but it does keep what has been
entered in the filer's form so that the filer may return to the form
later and complete it by the due date. In order to accurately file a
form, filers must press the ``File Form'' buttom and complete the
filing process. The form may be printed at any stage while it is being
filled out.
4. Pursuant to the 1998 Biennial Regulatory Review--Streamlining of
Mass Media Applications, Rules and Processes (63 FR 66104, December 1,
1998, Notice of Proposed Rulemaking ``NPRM''), mandatory electronic
filing was to commence six-months after a given form was made available
for electronic use. The then Mass Media Bureau made the prior version
of the Form 396-C, the Form 395-A, available for electronic use more
than six months ago. The form was made available in connection with a
broadcast Equal Employment Opportunity (``EEO'') rule adopted in
February, 2000 that was subsequently vacated as a result of a Court
order. As a result of the Court's action, the prior version of Form
396-C was suspended in January, 2001. The current version was adopted
by the Second Report and Order, (68 FR 670, January 7, 2003) and Third
Notice of Proposed Rule Making (67 FR 77374, December 17, 2002) in MM
Docket No. 98-204, that adopted a new broadcast EEO rule. It is
substantially similar to the version adopted in February, 2000, minus
the annual employment report section that shows breakdown of unit
workforce data by job category, race/ethnic group, and gender.
5. In the NPRM, which announced the Commission's electronic filing
requirement, the Commission recognized the need for limited waivers of
this requirement in light of the ``burden that electronic filing could
place upon some licensees who are seeking to serve the public interest,
with limited resources, and succeed in a highly competitive local
environment.'' Such waivers will not be routinely granted and the
applicant must plead with particularity the facts and circumstances
warranting relief.
6. Instructions for use of the electronic filing system are
available in the CDBS User's Guide which can be accessed from the
electronic filing Web site. Special attention should be given to the
details of the applicant account registration function, form filing
function, and the fee form handling procedures, if a fee is required.
Failure to follow the procedures in the User's Guide may result in an
application being dismissed, returned, or not considered as officially
filed.
7. Internet access to the CDBS public access system at the
Commission's Web Site requires a user to have a browser such as
Netscape version 3.04 or Internet Explorer version 3.51, or later.
8. For technical assistance using the system or to report problems,
please contact the CDBS Help Desk at (202) 418-2MMB. To request
additional information concerning specific broadcast applications,
please call (202) 418-2700 (radio forms) or (202) 418-1600 (television
forms).
FCC Notice Required by the Paperwork Reduction Act
9. On September 22, 2003, the Commission received notice that the
Office of Management and Budget (OMB) had, on September 17, 2003,
approved the information collection contained herein pursuant to the
``emergency processing'' provisions of the Paperwork Reduction Act of
1995 (5 CFR 1320.13). The OMB Control Number for the FCC Form 396 is
3060-1033. The annual reporting burdens for this collection of
information, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the required data and
completing and reviewing the collection of information, are estimated
to be: 2,200 respondents, 10 minutes to 2.5 hours per response per
annum, for a total annual burden of 3188 hours; no annual costs. If you
have any comments on this burden estimate, or how we can improve the
collection and reduce the burden it causes you, please write to Les
Smith, Federal Communications Commission, Room 1-A804, 445 12th Street,
SW., Washington, DC, 20554. Please include the OMB Control Number:
3060-1033, in your correspondence. We will also accept your comments
regarding the Paperwork Reduction Act aspects of this collection via the Internet if you send them to leslie.smith@fcc.gov or call (202)
418-0217.
10. Under 5 CFR 1320, an agency may not conduct or sponsor a
collection of information unless it displays a current valid control
number. No person shall be subject to any penalty for failing to comply
with a collection of information subject to the Paperwork Reduction Act
(PRA) that does not display a valid control number. The OMB Control
Number for this collection is 3060-1033. The forgoing Notice is
required by the Paperwork Reduction Act of 1995, Public Law 104-13,
October 1, 1995, 44 U.S.C. 3507.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 03-24621 Filed 9-26-03; 8:45 am]
BILLING CODE 6712-01-M