Sec. 21.307  Equal employment opportunities.

    (a) General policy. Equal opportunities in employment must be 
afforded by all common carrier and Multipoint Distribution Service non-
common carrier licensees or conditional licensees to all qualified 
persons, and no personnel shall be discriminated against in employment 
because of sex, race, color, religion, or national origin.
    (b) Equal employment opportunity program. Each licensee or 
conditional licensee must establish, maintain, and carry out, a positive 
continuing program of specific practices designed to assure equal 
opportunity in every aspect of employment policy and practice. Under the 
terms of its program, a licensee or conditional licensee must:
    (1) Define the responsibility of each level of management to insure 
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 its equal employment opportunity policy and program 
and its employment needs to sources of qualified applicants without 
regard to sex, race, color, religion, or national origin, and solicit 
their recruitment assistance on a continuing basis.
    (4) Conduct a continuing campaign to exclude every form of prejudice 
or discrimination based upon sex, race, color, religion, or national 
origin, from the licensee's or conditional licensee's personnel policies 
and practices and working conditions.
    (5) Conduct a continuing review of job structure and employment 
practices and adopt positive recruitment, training, job design and other 
measures needed in order to insure genuine equality of opportunity to 
participate fully in all organizational units, occupations and levels of 
responsibility.
    (c) Additional information to be furnished to the Commission. (1) 
Equal Employment Programs to be filed by common carrier and Multipoint 
Distribution Service non-common carrier licensees and conditional 
licensees:
    (i) All licensees or conditional licensees must file a statement of 
their equal employment opportunity program not later than December 17, 
1970, indicating specific practices to be followed in order to assure 
equal employment opportunity on the basis of sex, race, color, religion, 
or national origin in

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such aspects of employment practices as regards recruitment, selection, 
training, placement, promotion, pay, working conditions, demotion, 
layoff and termination.
    (A) Any changes or amendments to existing programs should be filed 
with the Commission on April 1 of each year thereafter.
    (B) If a licensee or conditional licensee has fewer than 16 full-
time employees, no such statement need be filed.
    (2) The program should reasonably address itself to such specific 
areas as set forth below, to the extent that they are appropriate in 
terms of licensee size, location, etc.
    (i) To assure nondiscrimination in recruiting. (A) Posting notices 
in the licensee's or conditional licensee's offices informing applicants 
for employment of their equal employment rights and their right to 
notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission, or other appropriate agency. Where a 
substantial number of applicants are Spanish-surnamed Americans such 
notice should be posted in Spanish and English.
    (B) Placing a notice in bold type on the employment application 
informing prospective employees that discrimination because of sex, 
race, color, religion, or national origin is prohibited and that they 
may notify the Equal Employment Opportunity Commission, the Federal 
Communications Commission or other appropriate agency if they believe 
they have been discriminated against.
    (C) Placing employment advertisements in media which have 
significant circulation among minority-group people in the recruiting 
area.
    (D) Recruiting through schools and colleges with significant 
minority group enrollments.
    (E) Maintaining systematic contacts with minority and human 
relations organizations, leaders, and spoksmen to encourage referral of 
qualified minority or female applicants.
    (F) Encouraging present employees to refer minority or female 
applicants.
    (G) Making known to the appropriate recruitment sources in the 
employer's immediate area that qualified minority members are being 
sought for consideration whenever the licensee or conditional licensee 
hires.
    (ii) To assure nondiscrimination in selection and hiring. (A) 
Instructing personally those on the staff of the licensee or conditional 
licensee who make hiring decisions that all applicants for all jobs are 
to be considered without discrimination.
    (B) Where union agreements exist, cooperating with the union or 
unions in the development of programs to assure qualified minority 
persons or females of equal opportunity for employment, and including an 
effective nondiscrimination clause in new or renegotiated union 
agreements.
    (C) Avoiding use of selection techniques or tests which have the 
effect of discriminating against minority groups or females.
    (iii) To assure nondiscriminatory placement and promotions. (A) 
Instructing personally those of the licensee's or conditional licensee's 
staff who make decisions on placement and promotion that minority 
employees and females are to be considered without discrimination, and 
that job areas in which there is little or no minority or female 
representation should be reviewed to determine whether this results from 
discrimination.
    (B) Giving minority groups and female employees equal opportunity 
for positions which lead to higher positions. Inquiring as to the 
interest and skills of all lower-paid employees with respect to any of 
the higher-paid positions, followed by assistance, counseling, and 
effective measures to enable employees with interest and potential to 
qualify themselves for such positions.
    (C) Reviewing seniority practices to insure that such practices are 
nondiscriminatory and do not have a discriminatory effect.
    (D) Avoiding use of selection techniques or tests, which have the 
effect of discriminating against minority groups or females.
    (iv) To assure nondiscrimination in other areas of employment 
practices. (A) Examining rates of pay and fringe benefits for present 
employees with equivalent duties, and adjusting any inequities found.

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    (B) Providing opportunity to perform overtime work on a basis that 
does not discriminate against qualified minority groups or female 
employees.
    (d) Report of complaints filed against licensees and conditional 
licensees. (1) All licensees or conditional licensees must submit an 
annual report to the FCC no later than May 31 of each year indicating 
whether any complaints regarding violations by the licensee or 
conditional licensee or equal employment provisions of Federal, State, 
Territorial, or local law have been filed before anybody having 
competent jurisdiction.
    (i) The report should state the parties involved, the date filing, 
the courts or agencies before which the matters have been heard, the 
appropriate file number (if any), and the respective disposition or 
current status of any such complaints.
    (ii) Any licensee or conditional licensee who has filed such 
information with the EEOC need not do so with the Commission, if such 
previous filing is indicated.
    (e) Complaints of violations of equal employment programs. (1) 
Complaints alleging employment discrimination against a common carrier 
or Multipoint Distribution Service non-common carrier licensee or 
conditional licensee will be considered by the Commission in the 
following manner:
    (i) If a complaint raising an issue of discrimination is received 
against a licensee or conditional licensee who is within the 
jurisdiction of the EEOC, it will be submitted to that agency. The 
Commission will maintain a liaison with that agency which will keep the 
Commission informed of the disposition of complaints filed against any 
of the common carrier or Multipoint Distribution Service non-common 
carrier licensees or conditional licensees.
    (ii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC but is covered by appropriate enforceable State law, to which 
penalties apply, may be submitted by the Commission to the respective 
state agency.
    (iii) Complaints alleging employment discrimination against a common 
carrier or Multipoint Distribution Service non-common carrier licensee 
or conditional licensee who does not fall under the jurisdiction of the 
EEOC or an appropriate State law, will be accorded appropriate treatment 
by the FCC.
    (iv) The Commission will consult with the EEOC on all matters 
relating to the evaluation and determination of compliance with the 
common carrier and Multipoint Distribution Service non-common carrier 
licensees or conditional licensees with the principles of equal 
employment as set forth herein.
    (2) Complaints indicating a general pattern of disregard of equal 
employment practices which are received against a licensee or 
conditional licensee who is required to file an employment report to the 
Commission under Sec. 1.815(a) of this chapter, will be investigated by 
the Commission.
    (f) Records available to the public--(1) Commission records. A copy 
of every annual employment report, equal employment opportunity 
programs, and reports on complaints regarding violations of equal 
employment provisions of Federal, State, territorial, or local law, and 
copies of all exhibits, letters, and other documents filed as part 
thereof, all amendments thereto, all correspondence between the 
conditional licensee or licensee and the Commission pertaining to the 
reports after they have been filed and all documents incorporated 
therein by reference, are open for public inspection at the offices of 
the Commission.
    (2) Records to be maintained locally for public inspection by 
licensees or conditional licensees--(i) Records to be maintained. Each 
common carrier or Multipoint Distribution Service non-common carrier 
licensee or conditional licensee required to file annual employment 
reports, equal employment opportunity programs, and annual reports on 
complaints regarding violations of equal employment provisions of 
Federal, State, territorial, or local law must maintain, for public 
inspection, in the same manner and in the same locations as required for 
the keeping and posting of tariffs as set forth in Sec. 61.72 of this 
chapter, a file containing a copy of each such report

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and copies of all exhibits, letters, and other documents filed as part 
thereto, all correspondence between the conditional licensee or licensee 
and the Commission pertaining to the reports after they have been filed 
and all documents incorporated therein by reference.
    (ii) Period of retention. The documents specified in paragraph 
(f)(2)(i) of this section shall be maintained for a period of 2 years.
    (g) Cross reference. Applicability of cable television EEO 
requirements to MDS and MMDS facilities, see Sec. 21.920.
[44 1997 FR 60534 , Oct. 19, 1979, as amended at  56 FR 57816 , Nov. 14, 1991; 
 58 FR 42249 , Aug. 9, 1993]

                 Subpart F--Developmental Authorizations