Report No. DC-2588 ACTION IN DOCKET CASE April 20, 1994 FCC INITIATES INQUIRY INTO BROADCAST AND CABLE EEO REGULATIONS (MM DOCKET NO. 94-34) The Commission today initiated an inquiry regarding the effectiveness of its rules, procedures, policies, standards and guidelines in promoting equality of employment opportunity and promotional opportunity in the cable and broadcast industries. Comments are requested regarding possible improvements to the EEO rules, policies and enforcement thereof; and on how to further, to the greatest extent possible, the goals of the Commission. This information is necessary to assist the Commission in preparing its October 1994 report to Congress on the effectiveness of its EEO policies as required by Section 22(g) of the Cable Television Consumer Protection and Competition Act of 1992. The Commission said that the overriding goal underlying its EEO rules is to promote program diversity. In addition, the Commission's EEO rules enhance access by minorities and women to increase employment opportunities, which are the foundation for increasing opportunities for minorities and women in all facets of the communications industry, including participation in ownership. Thus, the rules also promote the further development of broader communications infrastructure. The Commission is asking for comment on ways to better enable broadcasters to meet their EEO obligations. The Commission noted that some broadcasters stated that they have unique difficulties attracting and retaining minority employees because they are located in small markets. Thus, comments are requested on ways the Commission's EEO policies can reflect these concerns. Comments are also requested on whether documentation of part- time hires be eliminated for all broadcasters. Alternatively, what level of consideration should be given for part-time hires consistent with the Commission's primary EEO policy focus which is on full-time hires and employment? (over) -2- The Commission is requesting comment on whether broadcasters should be required to encourage minority and female entrepreneurs to conduct business with all parts of their operation as is now required for cable operators and multichannel video programming distributors (MVPDs). The Commission also proposed changes to its inquiry letters. Currently, standard inquiry letters request recruitment and hiring information for the last three years of the license term. The Commission is asking for comment on whether such letters should be revised to request information for the entire license term or for some other period of time. Also, should the Commission supplement its renewal inquiry procedures by conducting on-site audits for broadcasters in certain cases? The Commission also seeks comment concerning cable EEO enforcement. Currently, the Commission selects audit locations by picking a certain region of the country based on such factors as the concentration of minorities in the available force and the number of cable employment units in the area. It then reviews Cable Television Annual Employment Reports to determine units that fall below the processing guidelines and/or have employment discrepancies. The Commission is requesting comment on whether there is a more efficient and effective selection method. In addition, comments are requested on whether the Commission should require cable operators to maintain certain types of records about their recruitment efforts for a specified period of time. The Commission is asking for comment on ways in which it can better enable cable operators and MVPDs to meet their EEO goals. The Commission seeks suggestions as to how it might better inform cable operators, MVPDs and the public about the EEO requirements. Finally, the Commission stated that there are a significant number of emerging technologies in the field of communications, and a convergence of existing communication technologies. The Commission is asking for comment on whether application and enforcement of the Commission's EEO policies should be expanded with respect to entities other than broadcasters, cable operators and MVPDs? For example, should the EEO polices be expanded for common carrier technologies, particularly those that provide services that compete with broadcast and cable services (other than MVPDs already covered by the 1992 Cable Act)? -3- Action by the Commission April 20, 1994, by Notice of Inquiry (FCC 94-103). Chairman Hundt, Commissioners Quello and Barrett, with Commissioner Barrett issuing a separate statement. -FCC- News Media contact: Patricia A. Chew at (202) 632-5050. Mass Media Bureau contact: Hope Cooper at (202) 632-7069.