Goto Section: 76.75 | 76.79 | Table of Contents
Revised as of
Goto Year:1996 |
Sec. 76.77 Reporting Requirements.
(a) Annual employment report. Each employment unit with six or more
full-time employees shall file an annual employment report (FCC Form
395A) with the Commission on or before May 1 of each year. Employment
data on the annual employment report shall reflect the figures from any
one payroll period in January, February, or March of the year during
which the report is filed. Unless instructed otherwise by the FCC, the
same payroll period shall be used for each successive annual employment
(b) Certification of Compliance. The Commission will use the
information submitted on Form 395A to determined whether cable systems
are in compliance with the provisions of this subpart. Cable systems
found to be in compliance with these rules will receive a Certificate of
(c) Investigations. The Commission will investigate each cable
system at least once every five years. Cable systems are required to
submit supplemental investigation information with their regular Form
395A reports in the years they are investigated.
(d) Job category definitions. The following job category definitions
are to be used when classifying employees for purposes of this section:
(1) Corporate officers. An employee who is responsible for setting
broad policies for the overall operation of the company and who holds a
corporate office as designated by the company's governing regulations
(e.g., Articles of Incorporation, Articles of Partnership, By-Laws).
Examples of positions which may fall within this category include,
Chairman of the Board, President and Vice President.
Note: Employees who perform responsibilities falling within the
``Corporate Officers'' and another of the job categories in paragraphs
(d) (2) through (6), should normally be classified in only one of the
categories in paragraphs (d) (2) through (6). Specific job titles for
categories in paragraphs (d) (1) through (6) are merely illustrative.
The proper categorization of any employee depends on the kind and level
of the employee's responsibilities and not merely the employee's title.
Employees who are appropriately classified into one of the categories in
paragraphs (d) (1) through (6) also should fall within the category of
(2) General manager. An employee who exercises overall
responsibility for a cable unit or system. Related title may include
(3) Chief technician. An employee who has overall responsibility for
the system's technical operations. The incumbent ordinarily oversees
technical budgets and expenditures, inventory control and fleet
management. Individual ordinarily supervises technical personnel in the
installation, service, maintenance and construction departments and/or
studio. Category includes related titles such as ``Technical Operations
Manager,'' ``Technical Manager,'' ``Plant Manager,'' or ``Chief
(4) Comptroller. An employee who manages the activities of the
accounting department in the maintenance of the accounting book and
other such records.
(5) General sales manager. A senior sales or marketing employee who
oversees the marketing functions of the system which may include
telemarketing in addition to direct sales.
(6) Production manager. A senior employee responsible for
advertising and/or production of local community programming.
Note: An employee whose responsibilities fall within more than one
of the job categories in paragraphs (d) (2) through (6), (i.e., General
Manager/Comptroller), should be listed in the one job category which
represents the most frequently performed task by that person.
(7) Managers. Occupations requiring administrative personnel who set
broad policies, exercise overall responsibility for execution of these
policies, and direct individual departments or special phases or
segments of a firm's operation or subdepartments of a major department.
Incumbents within this category ordinarily exercise authority to hire
and terminate employees. This category would include systems managers
and assistant managers, program directors and assistant directors,
office managers, budget officers, promotions managers, public affairs
directors, chief engineers and those holding equivalent positions.
Employees appropriately falling within categories in paragraphs (d) (1)
through (6) also should fall within this category.
(8) Professionals. Occupations requiring either college graduation
or experience of such kind and amount as to provide a comparable
background. Includes: accountants and auditors, editors, engineers,
lawyers and labor relations specialists. This category would include
persons engaged in the writing, preparation and reproduction of
programming, writers or editors, producers and directors of programs,
floor directors, announcers, singers, actors, music librarians and those
in similar positions.
(9) Technicians. Occupations requiring a combination of basic
scientific knowledge and manual skill which can be obtained through
about 2 years of post high school education, such as is offered in many
technical institutes and junior colleges, or through equivalent on-the-
job training. Includes: computer programmers and operators, engineering
aides, junior engineers and electronic technicians. This category also
would include strand mappers, audio and video engineers, camera
technicians (live or film), film processors, light technicians, drafters
and design personnel, electronic converter repair technicians
(technicians who perform more than clear and recycle functions) and
advertising sales production personnel.
(10) Sales. Occupations engaging wholly or primarily in direct
selling. This category would include advertising agents, cable service
sales personnel (sales representatives), and individuals engaged in
direct customer contact for the purposes of product and service
promotion. This category includes employees who ordinarily are paid by
(11) Office and clerical. Includes all clerical-type work regardless
of level of difficulty, where the activities are predominantly nonmanual
though some manual work not directly involved with altering or
transporting the products is included. Includes: Bookkeepers, cashiers,
collectors of bills and accounts, messengers and clerks, office machine
operators, stenographers, typists and secretaries, telephone operators,
kindred workers and customer service representatives.
(12) Craft workers (skilled). Manual workers of relatively high
skill level having a thorough and comprehensive knowledge of the
processes involved in their work. Exercise considerable independent
judgment and usually receive an extensive period of training. Includes:
Hourly paid supervisors who are not members of management, mechanics,
and repair workers, electricians, motion picture projectionists, and
(13) Operatives (semi-skilled). Workers who operate machine or
processing equipment or perform other factory-type duties of
intermediate skill level which can be mastered in a few weeks and
require only limited training Includes: Apprentices, operatives, truck
and tractor drivers, welders, installers, line workers, and trenching
Note: Apprentices--Persons employed in a program including work
training and related instruction to learn a trade or craft which is
traditionally considered an apprenticeship regardless of whether the
program is registered with a Federal or State agency.
(14) Laborers (unskilled). Workers in manual occupations which
generally require no special training. Perform elementary duties that
may be learned
in a few days and require the application of little or no independent
judgment. Includes: gardeners and groundskeepers, laborers performing
lifting or digging, stage hands and kindred workers.
(15) Service workers. Workers in both protective and nonprotective
service occupations. Includes: Char workers and cleaners, elevator
operators, guards and watch workers, janitors, and kindred workers.
Note: A person who does a job falling within more than one of the
job categories listed in paragraphs (d) (7) through (15) is to be listed
in the job category which represents the most frequently performed task
by that person; a person is to be listed only once. Specific job titles
listed in the categories above are merely illustrative. The proper
categorization of any employee depends on the kind and level of the
[ 50 FR 40855 , Oct. 7, 1985, as amended at 58 FR 42250 , Aug. 9, 1993]
Goto Section: 76.75 | 76.79
Goto Year: 1996 |
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