FOR IMMEDIATE RELEASE News Media Contact:

December 13, 2001 Audrey Spivack 202-418-0512

### REVISED PRESS RELEASE

# FCC PROPOSES NEW EQUAL EMPLOYMENT OPPORTUNITY (EEO) RULES

### FOR BROADCAST AND CABLE

## 

Washington, D.C. -- The Federal Communications Commission (FCC) adopted
a Second Notice of Proposed Rule Making seeking comments on new equal
employment opportunity (EEO) rules for broadcast and cable, including
multichannel video program distributors (MVPDs). The Commission
reaffirmed the Commission's long-standing anti-discrimination rule and
proposed to require broad outreach to all qualified job candidates for
positions at radio, television and cable companies.

The proposed rules respond to the D.C. Circuit Court of Appeals decision
in 2001 in *DC/MD/DE Broadcasters Association v. FCC (Association)*
which held that a portion of the outreach requirements of the broadcast
EEO rule adopted in 2000 was unconstitutional. The former rule provided
two recruitment options, which were referred to as "Option A" and
"Option B." The Court found no statutory or constitutional infirmity
with Option A. However, it found that Option B was unconstitutional.
Even though the Court found only Option B unconstitutional, it vacated
the Commission's EEO rules. The Court concluded that the two options
could not be readily severed.

The Commission stated that it is important to have EEO rules that
prohibit discrimination in broadcast and cable employment and also
require broadcasters and cable entities to reach out to all segments of
the community in filling vacancies. The proposed new rules require
broadcast licensees to widely disseminate information about job openings
to all segments of the community to ensure that all qualified applicants
have sufficient opportunity to compete for jobs in the broadcast
industry. The Commission also proposes new EEO rules applicable to cable
entities, including MVPDs, to conform them, as much as possible, to the
broadcast EEO rule.

In addition to requiring broadcasters and cable entities, including
MVPDs to recruit for every full-time vacancy in a manner designed to
achieve broad outreach, the proposed rules would require the
implementation of two supplemental recruitment measures: (1) sending job
vacancy announcements to recruitment organizations that request them;
and (2) selecting from a menu of non-vacancy specific outreach
approaches, such as job fairs, internship programs, and interaction with
educational and community groups.

Broadcast stations with fewer than five full-time employees and cable
entities, including MVPDs, with fewer than six full-time employees in
the past have not been required to demonstrate compliance with the EEO
program requirements. The Second Notice requests comments as to whether
these exemptions can or should be increased. The proposed rules would
require all other broadcasters and cable entities to place an annual EEO
report in their public file detailing their outreach efforts. Under the
Commission's former rule, broadcasters were required to file a Statement
of Compliance every second, fourth and sixth year of the license term
certifying compliance with the EEO rule. The proposed rules would
eliminate this requirement in the second and sixth years and require a
filing only by radio stations with more than ten full-time employees and
television stations with five or more full-time employees, which would
be subject to mid-term review of their EEO efforts, in the fourth year
of the license term. Cable entities would be required to file annual
reports concerning their EEO efforts and to submit their annual EEO
public file reports as part of the supplemental information required by
statute to be filed every five years.

The Commission also proposes to retain the requirement that broadcasters
and cable entities file annual employment reports. The Commission would
use the information in the annual employment reports only to monitor
industry employment trends and prepare reports to Congress.
Nevertheless, the Commission welcomes comments on whether the forms can
or should be revised.

Action by the Commission December 12, 2001, by Second Notice of Proposed
Rule Making (FCC 01-363). Chairman Powell, Commissioners Abernathy,
Copps, and Martin, with Chairman Powell, Commissioners Copps and Martin
issuing separate statements.

-FCC-

Mass Media Bureau contacts: Roy Boyce (202) 418-1450; Lewis Pulley
(418-1450); and Estella Salvatierra (418-1450).

MM Docket 98-204.