FCC Web Documents citing 76.1702

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • ``cable public file rule'' or ``Section 76.1700''). See also Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (Media Bur. 2004) (``2004 Public Notice''). See Complaint of James Shelton to EEO Staff, Policy Division, Media Bureau, FCC, dated October 4, 2005 (``Complaint''). In his Complaint, Mr. Shelton also contends that Time Warner violated Section 76.1702 of the Commission's Rules, 47 C.F.R. § 76.1702, which requires cable operators to maintain an EEO file and describes the information that should be included in the file. In this MO&O, we do not address the question of whether Time Warner violated Section 76.1702. The EEO staff of the Media Bureau's Policy Division will address that issue in a separate
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  • to work per week, and a response to question 3(d) below. 3. Audit Data Requested. If your unit employs six or more full-time employees, provide the following information in your response to this letter, including an explanation for any information you are unable to provide: (a) Provide the employment unit's most recent EEO program information, described in 47 C.F.R. § 76.1702(b). (b) For each full-time position filled during the period covered by the above EEO program information, or since your acquisition of the unit(s) if more recent, provide dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing the position. Include copies of job announcements sent to any organizations (identified separately from other sources) that have notified the
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  • and Gardena, California Gentlemen: By complaint dated October 4, 2005, as supplemented on May 8, June 12, and July 25, 2006, Mr. James Shelton alleges that, on September 16, 2005, the Torrance and Garden Grove, California, offices of Time Warner Cable (``Time Warner'') failed to maintain for public inspection their Equal Employment Opportunity (``EEO'') public files, in violation of Section 76.1702(a) of the Commission's Rules (the ``Rules''). Mr. Shelton alleges that Time Warner also violated this Rule in that, on September 13, 2005, upon his request, the Time Warner office in Gardena, California did not provide him with its last five years of EEO public files. He states that the office provided him the EEO public files for only two years,
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  • ``cable public file rule'' or ``Section 76.1700''). See also Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (Media Bur. 2004) (``2004 Public Notice''). See Complaint of James Shelton to EEO Staff, Policy Division, Media Bureau, FCC, dated October 4, 2005 (``Complaint''). In his Complaint, Mr. Shelton also contends that Time Warner violated Section 76.1702 of the Commission's Rules, 47 C.F.R. § 76.1702, which requires cable operators to maintain an EEO file and describes the information that should be included in the file. In this MO&O, we do not address the question of whether Time Warner violated Section 76.1702. The EEO staff of the Media Bureau's Policy Division will address that issue in a separate
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  • the Commission's Equal Employment Opportunity (``EEO'') rules applicable to multi-channel video programming distributors (``MVPDs''). Pursuant to Section 4(i) of the Communications Act of 1934, as amended, and Sections 0.283 and 1.113 of the Commission's Rules (the ``Rules''), on our own motion, we hereby modify that Letter to the extent discussed below and admonish Time Warner for its violation of Section 76.1702(a) of the Rules. In his complaint, Mr. Shelton alleged, among other things, that Time Warner did not maintain its EEO files for public inspection at its Torrance and Garden Grove, California, offices, in violation of Section 76.1702(a). In the Letter, citing Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (2004) (the ``Public Notice''),
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  • 10010 Re: Employment Unit # 11833 Dear Mr. Monk: The Media Bureau (the ``Bureau'') has completed its random audit of the above-referenced employment unit (the ``Unit''), operated by RCN Corporation (``RCN''), a multichannel video programming distributor (``MVPD''). The Bureau audited the Unit for its compliance with the Commission's MVPD equal employment opportunity (``EEO'') rules, specifically Sections 76.71 through 76.79, and 76.1702 of the Commission's Rules (the ``Rules''). The audit focused primarily on the information contained in the Unit's EEO public file report filed for the twelve-month period ending on July 14, 2004, along with underlying documentation. After the Bureau had reviewed the Unit's audit response, which RCN submitted by letter from its Director of Human Resources (``HR''), on February 17, 2006,
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  • Bureau: 1. In this Order, we adopt the attached Consent Decree entered into between the Media Bureau (the "Bureau") and DIRECTV, Inc. (``DIRECTV''). The Consent Decree terminates an investigation by the Bureau against DIRECTV, a direct broadcast satellite service provider, for possible non-compliance with the requirements of the Commission's equal employment opportunity rules, 47 C.F.R. §§ 76.75(b)(1) and (g)(4), 76.77(a), 76.1702(a) and (b), and 25.601. 2. The Bureau and DIRECTV have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-1333A1.txt
  • Basis: 47 U.S.C. 151, 152, 153, 154, 301, 302, 303, 303a, 307, 308, 309, 312, 315, 317, 325, 503, 521, 522, 531, 532, 533, 534, 535, 536, 537, 543, 544, 544a, 545, 548, 549, 552, 554, 556, 558, 560, 561, 571, 572 and 573. Section Number and Title: 76.1700 Records to be maintained by cable system operators. 76.1701 Political file. 76.1702 Equal employment opportunity. 76.1703 Commercial records on children's programs. 76.1704 Proof-of-performance test data. 76.1705 Performance test (channels delivered). 76.1706 Signal leakage logs and repair records. 76.1707 Leased access. 76.1708 Principal headend. 76.1709 Availability of signals. 76.1710 Operator interests in video programming. 76.1711 Emergency alert system (EAS) tests and activation. 76.1712 Open video system (OVS) requests for carriage. 76.1713 Complaint resolution.
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  • for each vacancy in a manner sufficient, in its reasonable, good faith judgment, to widely disseminate information concerning the vacancy; Section 76.75(f) of the Rules requires that an MVPD distributor analyze its recruitment program on an ongoing basis to ensure that it is effective in achieving broad outreach, and address any problems found as a result of its analysis; Section 76.1702(a) requires a unit to compile and maintain annual EEO public file reports; Section 76.1702(b) requires a unit to make its EEO public file reports available for public inspection and place its EEO program information on its website, if it has one; and Section 76.77(b) requires the Commission to determine, based on information submitted on a unit's EEO program annual report,
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  • omission of such act more than once or for more than one day. Section 76.1700(a) of the Rules states, in part, ``[t]he operator of every cable television system having 5000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by §§ 76.1701 (political file); 76.1715 (sponsorship identifications): 76.1702 (equal employment opportunity); 76.1703 (commercial records for children's programming); 76.1704 (proof of performance test data); 76.1706 (signal leakage logs and repair records). In addition, section 76.1710 of the Rules provides that cable operators are required to maintain records in their public file regarding the nature and extent of their attributable interests in all video programming services as well as information
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  • the cable system serving Omaha, Nebraska and observed the following violations: 47 C.F.R. § 11.52(d): ``Broadcast stations and cable systems and wireless cable systems must monitor two EAS sources.'' At the time of the inspection, only KFAB was monitored as evidenced by listening to input sources on the EAS encoder/decoder and observations made at the EAS receiver. 47 C.F.R. § 76.1702: ``(a) Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to § 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by
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  • if such commission or omission is continuous, for more than one day.'' 47 C.F.R. § 76.1700(b). Northland Cable has 4,600 subscribers. Accordingly, it is required to maintain for public inspection a political file and provide upon request records regarding sponsorship identifications, equal employment opportunity, children's programming, proof-of-performance test data, and signal leakage logs and repairs. See 47 C.F.R. §§ 76.1701, 76.1702, 76.1703, 76.1704, 76.1706, 76.1715. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. §1.80. 47 U.S.C. § 503(b)(2)(E). 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 76.1700(b). 8 See 47 C.F.R. § 1.1914. (...continued from previous page) (continued....) Federal Communications Commission Federal Communications Commission $ ; À Õ ß ñ F ±
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  • commercial limits during children's programming aired on the Atlantic Broadband cable system during the previous year. Although public inspection file contained the records for the period between August 14, 2006 and August 14, 2007, the public inspection file did not contain the records for the third and fourth quarters of 2006 and the first quarter of 2007. 47 C.F.R. § 76.1702(a): ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
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  • At the time of inspection, the agent observed that the Adams public inspection file did not contain complete records to verify compliance with the commercial limits during children's programming, which was aired on the Adams cable system during the previous year. The Adams public inspection file only included certifications from three networks carried on the cable system. 47 C.F.R. § 76.1702(a): ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
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  • this chapter.'' During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not received. 47 C.F.R. § 76.1702(a): ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
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  • (``Notice'') issued pursuant to Section 1.89 of the Commission's Rules to Cablevision of Southern Westchester, Inc. (``Cablevision''), operator of a cable system serving parts of Westchester, New York (Physical System ID 004901). On July 16, 2008, an agent of the Commission's New York Office inspected Cablevision's cable system, Physical System ID 004901, and observed the following violations: 47 C.F.R. § 76.1702(a): ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
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  • with 5,000 or more subscribers must conduct tests of the EAS Header and EOM Codes at least once a week at random days and times on all programmed channels.'' During the inspection, the agent observed that the required weekly tests were not conducted on random days - 12 of 14 weekly tests were conducted on a Thursday. 47 C.F.R. § 76.1702(a): ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-307406A1.pdf
  • implemented pursuant to Section 634 of the Cable Communications Policy Act of 1984, Pub. L. No. 98-549, 98 Stat. 2779 (1984), that applied to cable operators, and the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat. 1460 (1992), that extended the rules to other MVPDs. See also 47 C.F.R. §§ 21.920, 25.601, 74.996, 76.1702, 76.1802, and 100.51. 91 Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, Second Report and Order and Third Notice of Proposed Rule Making, MM Docket No. 98-204, 17 FCC Rcd 24018 (adopted new broadcast and MVPD rules). 92 Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policies, Third Report and Order
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  • Agent, San Francisco Office, Western Region, Enforcement Bureau: This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to Astound Broadband, LLC in Rocklin, California. On April 11, 2012, an agent of the Enforcement Bureau's San Francisco Office inspected Astound Broadband, LLC, located at Rocklin, California and observed the following violation: 47 C.F.R. § 76.1702: ``Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to §76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the date
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  • exemption for cable operators with 1000 or more subscribers, but fewer than 5000 subscribers. New Section 76.1700(a) provides as follows: §76.1700 Records to be maintained by cable system operators. (a) Recordkeeping requirements. The operator of every cable television system having fewer than 1,000 subscribers is exempt from the public inspection requirements contained in § 76.1701 (political file); §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703 (commercial records for children's programming); §76.1704 (proof-of-performance test data); and §76.1706 (signal leakage logs and repair records). The operator of every cable television system having 1000 or more subscribers but fewer than 5000 subscribers shall, upon request, provide the information required by §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703
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  • 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. 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. The Commission adopted new broadcast and cable EEO requirements in the Report
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  • (d) Records and inquiries. Employment units subject to this subpart shall maintain records of their recruitment activity in accordance with §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 §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
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  • 6. Remove Section 76.619. § 76.619 [removed] 7. Remove Section 76.620. § 76.620 [removed] 8. Section 76.1510 is revised to include Section 76.611 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); provided, however, that these sections shall apply to open video systems only to the extent that they do not conflict with this subpart S. Section 631 of the
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  • 110 Stat. 847 (1996) (CWAAA). Title II of the CWAAA is the Small Business Regulatory Enforcement Fairness Act of 1996 (SBREFA). See Review of the Commission's Broadcast and Cable Equal Employment Opportunity Rules and Policy, 16 FCC Rcd 22843, 22862 (2001). See 5 U.S.C. § 604. These requirements will be codified at 47 C.F.R. § 73.3612 (broadcasting), 47 C.F.R. § 76.1702 (MVPDs) and 47 C.F.R. § 76.1802 (MVPDs). 5 U.S.C. § 603(b)(3). 5 U.S.C. § 601(6). 5 U.S.C. § 601(4). Independent Sector, The New Nonprofit Almanac & Desk Reference (2002). 5 U.S.C. 601(5). U.S. Census Bureau, Statistical Abstract of the United States:2000, Section 9, pages 299-300, Tables 490 and 492. See OMB, North American Industry Classification System: United States, 1997 at
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  • 12. Remove and reserve Section 76.620. § 76.620 [Removed and Reserved] 13. Section 76.1510 is revised to include Sections 76.611, 76.1803 and 76.1804 as part of the requirements and should read as follows: § 76.1510 Application of certain Title VI provisions. The following sections within part 76 shall also apply to open video systems; §§ 76.71, 76.73, 76.75, 76.77, 76.79, 76.1702, and 76.1802 (Equal Employment Opportunity Requirements); §§ 76.503 and 76.504 (ownership restrictions); § 76.981 (negative option billing); and §§ 76.1300, 76.1301 and 76.1302 (regulation of carriage agreements); § 76.611 (signal leakage restrictions); § 76.1803 and 76.1804 (signal leakage monitoring and aeronautical frequency notifications); provided, however, that these sections shall apply to open video systems only to the extent that they
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00020a.pdf
  • and supervisory performance. 8. Describe the manner in which the employment unit conducts its continuing review of job structure and employment practices. 9. Other Inquiries: Part III EEO Public File Report Attach a copy of the EEO public file report from the previous year. Cable entities are required to place annually such information as is required by 47 C.F.R. Section 76.1702 in their public files. EMP UNIT ID: MSO NAME: OPR NAME: FCC FORM 395-M Multi-Channel Video Program Distributor Annual Employment Report 2000 Not Approved by OMB 3060-0574 Submit the original and one copy by October 2 to: Federal Communications Commission Room 3-A625 Washington, D. C. 20554 SECTION I IDENTIFYING INFORMATION For FCC Use Only Emp. Unit ID # ____________ (
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  • copies of the unit's job listings in newspapers or on web sites, and, if applicable, copies of requests from sources that they be notified of openings and copies of notices sent to them, information verifying participation at job fairs, and other similar types of outreach information. In addition, the Commission's cable EEO public file rules, 47 C.F.R. §§ 76.79 and 76.1702, will be amended to require units, by the same date they are due to file their annual employment reports, to place in their public file a record of the items listed above. As provided in 47 U.S.C. § 554(f), a cable entity may be found to have committed a "substantial failure to comply" with the requirements of the Communications Act
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  • 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. 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. The Commission adopted new broadcast and cable EEO requirements in the Report
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-257379A1.html
  • the cable system serving Omaha, Nebraska and observed the following violations: 2.a. 47 C.F.R. 11.52(d): ``Broadcast stations and cable systems and wireless cable systems must monitor two EAS sources.'' At the time of the inspection, only KFAB was monitored as evidenced by listening to input sources on the EAS encoder/decoder and observations made at the EAS receiver. 2.b. 47 C.F.R. 76.1702: ``(a) Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://transition.fcc.gov/eb/FieldNotices/2003/DOC-284310A1.html
  • 5,000 or more subscribers must conduct tests of the EAS Header and EOM Codes at least once a week at random days and times on all programmed channels." During the inspection, the agent observed that the required weekly tests were not conducted on random days - 12 of 14 weekly tests were conducted on a Thursday. c. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://transition.fcc.gov/eb/Orders/2007/DA-07-1070A1.html
  • "cable public file rule" or "Section 76.1700"). See also Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (Media Bur. 2004) ("2004 Public Notice"). See Complaint of James Shelton to EEO Staff, Policy Division, Media Bureau, FCC, dated October 4, 2005 ("Complaint"). In his Complaint, Mr. Shelton also contends that Time Warner violated Section 76.1702 of the Commission's Rules, 47 C.F.R. S 76.1702, which requires cable operators to maintain an EEO file and describes the information that should be included in the file. In this MO&O, we do not address the question of whether Time Warner violated Section 76.1702. The EEO staff of the Media Bureau's Policy Division will address that issue in a separate
• http://www.fcc.gov/Bureaus/Cable/Orders/2000/fcc00162.doc
  • for cable operators with 1000 or more subscribers, but fewer than 5000 subscribers. New Section 76.1700(a) provides as follows: §76.1700 Records to be maintained locally by cable system operators. (a) Recordkeeping requirements. The operator of every cable television system having fewer than 1,000 subscribers is exempt from the public inspection requirements contained in § 76.1701 (political file); §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703 (commercial records for children's programming); §76.1704 (proof-of-performance test data); and §76.1706 (signal leakage logs and repair records). The operator of every cable television system having 1000 or more subscribers but fewer than 5000 subscribers shall, upon request, provide the information required by §76.1715 (sponsorship identification); §76.1702 (EEO records available for public inspection); §76.1703
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00020.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/err00020.txt
  • all amendments thereto, all correspondence between the cable entity and the Commission pertaining to the reports after they have been filed in all documents incorporated therein by reference, unless specifically exempted from the requirement, are open for public inspection at the offices of the Commission in Washington, D.C. NOTE: Cable operators must also comply with the public file requirements of §76.1702.; The preceding text to 76.1702 is corrected to state ``Section 76.1702 is added to read as follows:''; and The preceding text to 76.1802 is corrected to state ``Section 76.1802 is added to read as follows:''. FEDERAL COMMUNICATIONS COMMISSION Roy Stewart Chief, Mass Media Bureau Streamlining Broadcast EEO Rule and Policies, MM Docket No. 96-16, 11 FCC Rcd 5154 (1996) (Streamlining).
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00020a.pdf
  • and supervisory performance. 8. Describe the manner in which the employment unit conducts its continuing review of job structure and employment practices. 9. Other Inquiries: Part III EEO Public File Report Attach a copy of the EEO public file report from the previous year. Cable entities are required to place annually such information as is required by 47 C.F.R. Section 76.1702 in their public files. EMP UNIT ID: MSO NAME: OPR NAME: FCC FORM 395-M Multi-Channel Video Program Distributor Annual Employment Report 2000 Not Approved by OMB 3060-0574 Submit the original and one copy by October 2 to: Federal Communications Commission Room 3-A625 Washington, D. C. 20554 SECTION I IDENTIFYING INFORMATION For FCC Use Only Emp. Unit ID # ____________ (
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00020.txt
  • copies of the unit's job listings in newspapers or on web sites, and, if applicable, copies of requests from sources that they be notified of openings and copies of notices sent to them, information verifying participation at job fairs, and other similar types of outreach information. In addition, the Commission's cable EEO public file rules, 47 C.F.R. §§ 76.79 and 76.1702, will be amended to require units, by the same date they are due to file their annual employment reports, to place in their public file a record of the items listed above. As provided in 47 U.S.C. § 554(f), a cable entity may be found to have committed a "substantial failure to comply" with the requirements of the Communications Act
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01034.txt
  • 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. 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. The Commission adopted new broadcast and cable EEO requirements in the Report
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070307.html
  • Deputy Chief, Policy Division, Media Bureau. Adopted: 03/06/2007 by MO&O. (DA No. 07-1065). MB [61]DA-07-1065A1.doc [62]DA-07-1065A1.pdf [63]DA-07-1065A1.txt COXCOM, INC. D/B/A COX COMMUNICATIONS ORANGE COUNTY. Granted the Petition. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 03/06/2007 by MO&O. (DA No. 07-1064). MB [64]DA-07-1064A1.doc [65]DA-07-1064A1.pdf [66]DA-07-1064A1.txt TIME WARNER CABLE. Denied the complaint against Time Warner Cable alleging violation of Section 76.1702(a). Action by: Assistant Chief, Policy Division, Media Bureau by LETTER. (DA No. 07-1069). MB [67]DA-07-1069A1.doc [68]DA-07-1069A1.pdf [69]DA-07-1069A1.txt COXCOM, INC., D/B/A COX COMMUNICATIONS NORTH CAROLINA. Granted the Petitions. Revoked the certifications to regulate basic cable service rates. Action by: Deputy Chief, Policy Division, Media Bureau. Adopted: 03/06/2007 by MO&O. (DA No. 07-1066). MB [70]DA-07-1066A1.doc [71]DA-07-1066A1.pdf [72]DA-07-1066A1.txt ADELPHIA CABLE COMMUNICATIONS. Granted the
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070403.html
  • 04/03/2007. BROADCAST APPLICATIONS. MB [3]DOC-271998A2.txt [4]DOC-271998A1.pdf Released: 04/03/2007. FEE DECISIONS OF THE MANAGING DIRECTOR AVAILABLE TO THE PUBLIC. (DA No. 07-1579). (Dkt No 86-285). OMD. Contact: (202) 418-1995 [5]DA-07-1579A1.doc [6]DA-07-1579A1.pdf [7]DA-07-1579A1.txt Released: 04/03/2007. TARIFF TRANSMITTAL PUBLIC REFERENCE LOG. WCB. Contact: (202) 418-0270 [8]DOC-272009A1.pdf [9]DOC-272009A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- TIME WARNER CABLE. Admonished Time Warner Cable for violation of Section 76.1702(a), EEO public file requirement. Action by: Chief, Media Bureau by LETTER. (DA No. 07-1601). MB [10]DA-07-1601A1.doc [11]DA-07-1601A1.pdf [12]DA-07-1601A1.txt SM LEASING & RENTAL, LTD AND SPRINT NEXTEL. Resolved the issue submitted for de novo review by the Transition Administrator in Sprint's favor in the manner discussed. (Dkt No. 02-55). Action by: Associate Chief, Public Safety and Homeland Security Bureau. Adopted: 04/03/2007
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2007/dd070622.html
  • the Commission. Adopted: 06/20/2007 by R&O. (FCC No. 07-118). IB [22]FCC-07-118A1.doc [23]FCC-07-118A1.pdf [24]FCC-07-118A1.txt FARRIS BROADCASTING, INC. Granted the application for renewal of license for Station KNEL(AM), Brady, Texas. Action by: Chief, Audio Division, Media Bureau by LETTER. (DA No. 07-2746). MB [25]DA-07-2746A1.doc [26]DA-07-2746A1.pdf [27]DA-07-2746A1.txt RCN CORPORATION. Admonished RCN Corporation for repeated violation of the EEO rules, Sections 76.75(b)(1), 76.75(f), and 76.1702(b). Action by: Chief, Media Bureau. Adopted: 06/22/2007 by LETTER. (DA No. 07-2733). MB [28]DA-07-2733A1.doc [29]DA-07-2733A1.pdf [30]DA-07-2733A1.txt FM TABLE OF ALLOTMENTS, AMMON AND DUBOIS, IDAHO. Granted the Joint Parties' Request to Withdraw. Dismissed the Petition for Reconsideration. (Dkt No. 04-427 , RM-11127). Action by: Assistant Chief, Audio Division, Media Bureau. Adopted: 06/20/2007 by MO&O. (DA No. 07-2747). MB [31]DA-07-2747A1.doc [32]DA-07-2747A1.pdf [33]DA-07-2747A1.txt
• http://www.fcc.gov/Forms/Form396C/396c.pdf
  • enforcement of its EEO policy and explain the procedure for review and control of managerial and supervisory performance. FCC 396-C (Page 5) September 2003 PART III - EEO PUBLIC FILE REPORT Attach a copy of the EEO public file report from the previous year. MVPD units are required to place annually such information as is required by 47 C.F.R. Section 76.1702 in their public files. EMP UNIT ID: MSO NAME: OPR NAME:
• http://www.fcc.gov/eb/FieldNotices/2002/DOC-237649A1.html
  • omission of such act more than once or for more than one day.3 4. Section 76.1700(a) of the Rules states, in part, ``[t]he operator of every cable television system having 5000 or more subscribers shall maintain for public inspection a file containing a copy of all records which are required to be kept by 76.1701 (political file); 76.1715 (sponsorship identifications): 76.1702 (equal employment opportunity); 76.1703 (commercial records for children's programming); 76.1704 (proof of performance test data); 76.1706 (signal leakage logs and repair records).4 In addition, section 76.1710 of the Rules provides that cable operators are required to maintain records in their public file regarding the nature and extent of their attributable interests in all video programming services as well as information
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-257379A1.html
  • the cable system serving Omaha, Nebraska and observed the following violations: 2.a. 47 C.F.R. 11.52(d): ``Broadcast stations and cable systems and wireless cable systems must monitor two EAS sources.'' At the time of the inspection, only KFAB was monitored as evidenced by listening to input sources on the EAS encoder/decoder and observations made at the EAS receiver. 2.b. 47 C.F.R. 76.1702: ``(a) Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-277832A1.html
  • if such commission or omission is continuous, for more than one day." 47 C.F.R. S 76.1700(b). Northland Cable has 4,600 subscribers. Accordingly, it is required to maintain for public inspection a political file and provide upon request records regarding sponsorship identifications, equal employment opportunity, children's programming, proof-of-performance test data, and signal leakage logs and repairs. See 47 C.F.R. SS 76.1701, 76.1702, 76.1703, 76.1704, 76.1706, 76.1715. 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. S1.80. 47 U.S.C. S 503(b)(2)(E). 47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 76.1700(b). ^8 See 47 C.F.R. S 1.1914. (...continued from previous page) (continued....) Federal Communications Commission 2 Federal Communications Commission References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277832A1.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-277832A1.doc
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-283654A1.html
  • limits during children's programming aired on the Atlantic Broadband cable system during the previous year. Although public inspection file contained the records for the period between August 14, 2006 and August 14, 2007, the public inspection file did not contain the records for the third and fourth quarters of 2006 and the first quarter of 2007. b. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-283655A1.html
  • the time of inspection, the agent observed that the Adams public inspection file did not contain complete records to verify compliance with the commercial limits during children's programming, which was aired on the Adams cable system during the previous year. The Adams public inspection file only included certifications from three networks carried on the cable system. b. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-284308A1.html
  • chapter." During the inspection, the agent observed that for the months of April and June 2008, there were no entries in the EAS logs nor any EAS printouts of Required Monthly Tests received from station WFAS, one of Cablevision's two monitoring sources. There were no log entries indicating the reasons why these tests were not received. b. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-284309A1.html
  • pursuant to Section 1.89 of the Commission's Rules to Cablevision of Southern Westchester, Inc. ("Cablevision"), operator of a cable system serving parts of Westchester, New York (Physical System ID 004901). 2. On July 16, 2008, an agent of the Commission's New York Office inspected Cablevision's cable system, Physical System ID 004901, and observed the following violations: a. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-284310A1.html
  • 5,000 or more subscribers must conduct tests of the EAS Header and EOM Codes at least once a week at random days and times on all programmed channels." During the inspection, the agent observed that the required weekly tests were not conducted on random days - 12 of 14 weekly tests were conducted on a Thursday. c. 47 C.F.R. S: 76.1702(a): "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to Section 76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the
• http://www.fcc.gov/eb/FieldNotices/2003/DOC-314043A1.html
  • Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's Rules, to Astound Broadband, LLC in Rocklin, California. 2. On April 11, 2012, an agent of the Enforcement Bureau's San Francisco Office inspected Astound Broadband, LLC, located at Rocklin, California and observed the following violation: a. 47 C.F.R. S: 76.1702: "Every employment unit with six or more full-time employees shall maintain for public inspection a file containing copies of all EEO program annual reports filed with the Commission pursuant to S:76.77 and the equal employment opportunity program information described in paragraph (b) of this section. These materials shall be placed in the unit's public inspection file annually by the date
• http://www.fcc.gov/eb/Orders/2007/DA-07-1070A1.html
  • "cable public file rule" or "Section 76.1700"). See also Reminder of Cable Television System Public Inspection File Obligations, Public Notice, 19 FCC Rcd 23632 (Media Bur. 2004) ("2004 Public Notice"). See Complaint of James Shelton to EEO Staff, Policy Division, Media Bureau, FCC, dated October 4, 2005 ("Complaint"). In his Complaint, Mr. Shelton also contends that Time Warner violated Section 76.1702 of the Commission's Rules, 47 C.F.R. S 76.1702, which requires cable operators to maintain an EEO file and describes the information that should be included in the file. In this MO&O, we do not address the question of whether Time Warner violated Section 76.1702. The EEO staff of the Media Bureau's Policy Division will address that issue in a separate
• http://www.fcc.gov/mb/Octoberauditletter.pdf
  • and a response to question 3(e) below. 3. Audit Data Requested. If the unit employs six or more full-time employees (as defined above), provide the following information in your response to this letter, including an explanation regarding any requested information that you are unable to provide: (a) The employment unit's most recent EEO program information, described in 47 C.F.R. § 76.1702(b), which should have been placed in the unit's public file by October 1, 2008. If the unit has a website, provide its web address. If the unit's most recent (2008) EEO public file report is not included on or linked to the website, in violation of 47 C.F.R. § 76.1702(b), provide an explanation of why the report is not so
• http://www.fcc.gov/mb/engineering/76print.html
  • of must-carry signals. [197]76.1615 Sponsorship identification. [198]76.1616 Contracts with local exchange carriers. [199]76.1617 Initial must-carry notice. [200]76.1618 Basic tier availability. [201]76.1619 Information on subscriber bills. [202]76.1620 Availability of signals. [203]76.1621 Equipment compatibility offer. [204]76.1622 Consumer education program on compatibility. Subpart U -- Documents to be Maintained for Inspection [205]76.1700 Records to be maintained by cable system operators. [206]76.1701 Political file. [207]76.1702 Equal employment opportunity. [208]76.1703 Commercial matter on children's programs. [209]76.1704 Proof of performance test data. [210]76.1705 Performance tests (channels delivered). [211]76.1706 Signal leakage logs and repair records. [212]76.1707 Leased access. [213]76.1708 Principal headend. [214]76.1709 Availability of signals. [215]76.1710 Operator interests in video programming. [216]76.1711 Emergency alert system (EAS) tests and activation. [217]76.1712 Open video system (OVS) requests for carriage. [218]76.1713
• http://www.fcc.gov/mb/engineering/part76.pdf
  • Information on subscriber bills. § 76.1620 Availability of signals. § 76.1621 Equipment compatibility offer. § 76.1622 Consumer education program on compatibility. § 76.1630 MVPD digital television transition notices. Page 5of 243 Electronic Code of Federal Regulations: 5/6/2011 http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=a0b1c7045abd9e3f08f6d3233a640e58&rg... Subpart U-Documents to be Maintained for Inspection § 76.1700 Records to be maintained by cable system operators. § 76.1701 Political file. § 76.1702 Equal employment opportunity. § 76.1703 Commercial records on children's programs. § 76.1704 Proof-of-performance test data. § 76.1705 Performance tests (channels delivered). § 76.1706 Signal leakage logs and repair records. § 76.1707 Leased access. § 76.1708 Principal headend. § 76.1709 Availability of signals. § 76.1710 Operator interests in video programming. § 76.1711 Emergency alert system (EAS) tests and activation. § 76.1712
• http://www.fcc.gov/mb/index.html
  • Form 397). [86]Word | [87]Acrobat | [88]Text 10/5/07 FCC Continues EEO Audits. (DA No. 07-4152). [89]Word | [90]Acrobat | [91]Text Related Documents: [92]October 4, 2007 Audit Letter 7/27/07 Deadline for Filing Mandatory EEO Form 396-C Is October 1, 2007. (DA No. 07-3252). [93]Word| [94]Acrobat | [95]Text 6/22/07 RCN Corporation. Issued letter of admonishment for violation of Sections 76.75(b)(1), 76.75(f) and 76.1702(b). Action by: Chief, Media Bureau. Adopted: 6/22/2007 by Letter. (DA No. 07-2733). [96]Word | [97]Acrobat | [98]Text 6/13/07 FCC Continues EEO Audits. (DA No. 07-2553). [99]Word | [100]Acrobat | [101]Text Related Documents: [102]June 12, 2007 Audit Letter 5/16/07 Filing Procedures for Broadcast EEO Mid-Term Report (FCC Form 397). (DA No. 07-2074). MB. Contact: Lewis Pulley at (202) 418-1450. News Media
• http://www.fcc.gov/mb/policy/eeo/auditOct2006.doc
  • provide a response to question 3(e) below. 3. Audit Data Requested. If your unit employs six or more full-time employees (as defined above), provide the following information in your response to this letter, including an explanation for any information that you are unable to provide: (a) Provide the employment unit's most recent EEO program information, described in 47 C.F.R. § 76.1702(b), which should have been placed in your unit's public file by October 2, 2006. If your unit has a website, provide your web address. If your most recent (2006) public file report is not included or linked to on the website, in violation of 47 C.F.R. § 76.1702(b), provide an explanation for why you have not complied with this requirement.
• http://www.fcc.gov/mb/policy/eeo/auditcableletterjune10.doc
  • to work per week, and a response to question 3(d) below. 3. Audit Data Requested. If your unit employs six or more full-time employees, provide the following information in your response to this letter, including an explanation for any information you are unable to provide: (a) Provide the employment unit's most recent EEO program information, described in 47 C.F.R. § 76.1702(b). (b) For each full-time position filled during the period covered by the above EEO program information, or since your acquisition of the unit(s) if more recent, provide dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing the position. Include copies of job announcements sent to any organizations (identified separately from other sources) that have notified the
• http://www.fcc.gov/mb/policy/eeo/auditletteroct4.doc
  • week, and a response to question 3(e) below. 3. Audit Data Requested. If your unit employs six or more full-time employees (as defined above), provide the following information in your response to this letter, including an explanation for any information that you are unable to provide: (a) The employment unit's most recent EEO program information, described in 47 C.F.R. § 76.1702(b), which should have been placed in your unit's public file by October 1, 2007. If your unit has a website, provide your web address. If your most recent (2007) public file report is not included or linked to on the website, in violation of 47 C.F.R. § 76.1702(b), provide an explanation for why you have not complied with this requirement.