# Before the

# Federal Communications 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.

1.  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.[^1]

2.  The Commission adopted new broadcast and cable EEO requirements in
    the *Report and Order in MM Docket Nos. 98-204 and 96-16*, 15 FCC
    Rcd 2329 (2000) ("*Report and Order*"), *recon. granted in part and
    otherwise denied*, FCC 00-338, released November 22, 2000. On
    January 16, 2001, the United States Court of Appeals for the
    District of Columbia Circuit found certain requirements adopted by
    the *Report and Order* to be unlawful and therefore vacated the
    broadcast rule in its entirety. *MD/DC/DE Broadcasters
    Association v. FCC,* Case No. 1094, January 16, 2001. We believe
    that it is appropriate to suspend the EEO outreach program rules for
    broadcast and cable pending issuance of the Court's mandate and
    assessment of the Court's decision.

3.  Accordingly, **IT IS ORDERED** that this *Memorandum and Order* **IS
    ADOPTED**, to be effective upon release.

    FEDERAL COMMUNICATIONS COMMISSION

    Magalie Roman Salas

    Secretary

# January 30, 2001

**[SEPARATE STATEMENT OF COMMISSIONER GLORIA TRISTANI]{.underline}**

*Re: In the Matter of the Suspension of the Broadcast and Cable Equal
Employment Opportunity Outreach Program*

I concur in the pre-mandate suspension of the Commission\'s EEO rules
because the filing requirements would have occurred between the date of
the court\'s opinion and the submission of any post-opinion petitions
for rehearing. I write separately to express that it would have been
more appropriate to suspend only the filing requirements, rather than
the rules themselves, pending disposition of any timely petition for
rehearing.

[^1]: Our action herein will also have the effect of suspending the
    requirement that broadcasters file forms required by Section
    73.2080, including FCC Form 396 (EEO Program Report filed with
    renewal applications), FCC Form 396-A (EEO Model Program Report
    filed with applications for new authorizations, assignments and
    transfers of control) and FCC Form 397 (Broadcast Statement of
    Compliance), as well as FCC Form 395-B (Broadcast Station Annual
    Employment Report) required to be filed by Section 73.3612. It will
    also suspend the filing of the cable annual employment reports, FCC
    Form 395-A (cable operators) and FCC Form 395-M (multichannel video
    program distributors).