Sec. 100.51  Equal employment opportunities.

    (a) General policy. Equal opportunity in employment shall be 
afforded all licensees or permittees of direct broadcast satellite 
stations licensed as broadcasters to all qualified persons, and no 
person shall be discriminated against in employment because of race, 
color, religion, national origin, or sex.
    (b) Equal employment opportunity program. Each station shall 
establish, maintain, and carry out a positive continuing program of 
specific practices designed to assure equal opportunity in every aspect 
of station employment policy and practice. Under the terms of its 
program, a station shall:
    (1) Define the responsibility of each level of management to ensure 
a positive application and vigorous enforcement of the policy of equal 
opportunity, and establish a procedure to review and control managerial 
and supervisory performance.
    (2) Inform its employees and recognized employee organizations of 
the positive equal employment opportunity policy and program and enlist 
their cooperation.
    (3) Communicate the station's equal employment opportunity policy 
and program and its employment needs to sources of qualified applicants 
without regard to race, color, religion, national

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origin, or sex, and solicit their recruitment assistance on a continuing 
basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon race, color, religion, national origin, or 
sex from the station's personnel policies and practices and working 
conditions.
    (5) Conduct continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to ensure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility in the station.
    (c) Applicants for a construction permit for a new facility, for 
authority to obtain assignment of the construction permit or license of 
such a station, for authority to acquire control of an entity holding 
such construction permit or license, (other than pro forma or 
involuntary assignments of transfers) and for renewal of license, shall 
file with the FCC programs designed to provide equal employment 
opportunities for American Indians and Alaskan Natives; Asians and 
Pacific Islanders; Blacks, not of Hispanic origin; Hispanics; and women, 
or amendments to such programs. Guidelines for the preparation of such 
programs are set forth in Forms 396 and 396A. A program need not be 
filed by an applicant who employs or proposes to employ less than five 
full-time employees. Additionally, a program for minority group members 
need not be filed if minorities constitute less than five percent, in 
the aggregate, of the labor force in the applicant's labor recruitment 
area. Applicants exempt from the filing requirement should submit a 
statement of explanation with their applications.
    (d) Each licensee or permittee with five or more full-time employees 
shall file an annual employment report with the FCC on or before May 31 
of each year on FCC Form 395.
    (e) Notwithstanding other EEO provisions within these rules, an 
entity that uses an owned or leased DBS facility operating under this 
part to provide more than one channel of video programming directly to 
the public must comply with the equal employment opportunity 
requirements set forth in part 76, subpart E of this chapter, if such 
entity exercises control (as defined in part 76, subpart E of this 
chapter) over the video programming it distributes.
[ 47 FR 31574 , July 21, 1982, as amended at  58 FR 42251 , Aug. 9, 1993]