Sec.  76.77   Reporting requirements and enforcement.

   (a) EEO program annual reports. Information concerning a unit's compliance
   with the EEO recruitment requirements shall be filed by each employment unit
   with six or more full-time employees on FCC Form 396–C on or before
   September 30 of each year. If a multichannel video programming distributor
   acquires a unit during the twelve months covered by the EEO program annual
   report, the recruitment activity in the report shall cover the period
   starting with the date the entity acquired the unit.

   (b) Certification of Compliance. The Commission will use the recruitment
   information submitted on a unit's EEO program annual report to determine
   whether the unit is in compliance with the provisions of this subpart. Units
   found to be in compliance with these rules will receive a Certificate of
   Compliance. Units found not to be in compliance will receive notice that
   they are not certified for a given year.

   (c) Investigations. The Commission will investigate each unit at least once
   every five years. Employment units are required to submit supplemental
   investigation information with their regular EEO program annual reports in
   the years they are investigated. If an entity acquires a unit during the
   period covered by the supplemental investigation, the information submitted
   by the unit as part of the investigation shall cover the period starting
   with the date the operator acquired the unit. The supplemental investigation
   information shall include a copy of the unit's EEO public file report for
   the preceding year.

   (d) Records and inquiries. Employment units subject to this subpart shall
   maintain records of their recruitment activity in accordance with  Sec. 76.75 to
   demonstrate whether they are in compliance with the EEO rules. Units shall
   ensure that they maintain records sufficient to verify the accuracy of
   information provided in their EEO program annual reports and the
   supplemental investigation responses required by  Sec. 76.1702 to be kept in a
   unit's public file. To determine compliance with the EEO rules, the
   Commission may conduct inquiries of employment units at random or if the
   Commission has evidence of a possible violation of the EEO rules. Upon
   request, employment units shall make records available to the Commission for
   its review.

   (e) Public complaints. The public may file complaints based on EEO program
   annual reports, supplemental investigation information, or the contents of a
   unit's public file.

   (f) Sanctions and remedies. The Commission may issue appropriate sanctions
   and remedies for any violation of the EEO rules.

   [ 68 FR 692 , Jan. 7, 2003]