FCC TAKES ANOTHER SHOT AT CREATING CABLE, BROADCAST EEO RULES

Having twice been reversed by courts, FCC Wed. proposed new set of equal employment opportunity (EEO) rules that were worded more broadly than 2 sets that preceded them. Commission adopted 2nd Notice of Proposed Rulemaking (NPRM) seeking comments on EEO rules for broadcasting and cable, including multichannel video program distributors (MPVDs). Proposed rules respond to latest decision by US. Appeals Court, D.C., which held that portion of Commission’s EEO rules was unconstitutional (CD Jan 17 p1).

Proposed new set of rules adopted Wed. essentially is redux of Option A of earlier version, requiring broadcast licensees to widely disseminate information about job openings to various segments of community and asking cable entities to conform to same principle as much as possible. In addition to requiring broad outreach for all full-time vacancies, proposed rules would require: (1) Sending job vacancy announcements to recruitment organizations that requested them. (2) Selecting from menu of general outreach activities, including job fairs and internship programs.

In past, broadcast stations with fewer than 5 full-time employees and cable entities with fewer than 6 didn’t have to comply with EEO rules. New NPRM asks for comment whether that exemption should be raised to include companies with more employees. New rules also would require companies to place annual EEO report in their public file detailing outreach efforts. Under old rule, broadcasters had to file statement of compliance every 2nd, 4th and 6th year of license term. Proposed new rules would eliminate requirements in 2nd and 6th years and require filing only by radio stations with more than 10 full-time employees and TV stations with 5 or more full-timers. At midterm of their licenses in 4 years, they would be subject to FCC review of their EEO efforts. Commission also seeks to retain requirement that broadcasters file annual employment reports, which was struck down by court. New rules would keep requirement that cable entities file annual employment reports. However, Commission would use information in those reports only to monitor industry employment trends and to prepare reports to Congress.

While Commission vote was 4-0, Comr. Copps called proposal a “retreat” and said he didn’t feel it “reflects the deep and passionate commitment to a diverse workplace.” He said court reversals had caused Commission to use “too much caution.” He said Commission “can do better” and should “push the edge of the envelope” on issue. Chmn. Powell said he strongly supported EEO rules but wanted ones that were “judicially sustainable.” He said proposed new rules “are not onerous. Everyone knows they are not.” Copps called for hearing to create forum for discussion on proposed rules involving broadcasters, cable operators, public advocates, legal scholars, public, others. Powell expressed support for that idea.

NAB Pres. Edward Fritts said his board would review FCC’s new proposal at its Jan. meeting. Broadcasters were primary opponents of previous rules. “NAB has always encouraged broadcasters to employ a diverse work force, and our industry has sponsored by many innovative programs to accomplish that goal,” Fritts said. In April, NCTA had said its MSO members would comply voluntarily with FCC’s old EEO rules, even though they were struck down (CD April 13, p 5). NCTA didn’t comment on new rules. Minority Media & Telecom Council commended FCC for disclosing its efforts to formulate new regulations. However, MMTC said it and 32 other organizations were seeking Supreme Court review. FCC declined to join that appeal.