Initiation of Annual Broadcast EEO Audits
On February 24, 2016, the Federal Communications Commission mailed the first batch of its 2016 Equal Employment Opportunity (EEO) audit letters to randomly selected radio and television broadcast stations across the United States and its territories. The Media Bureau released a Public Notice (DA 16-201) on February 25, 2016, detailing the audit requirements and publishing the list of audited stations.
Under Section 73.2080(f)(4) of the Commission's rules, the FCC annually audits the EEO programs of randomly selected broadcast licensees. Approximately five percent of all commercial and noncommercial radio and television stations are selected each year for review.
- Public Notice DA 16-201 released on February 25, 2016.
- Audit letters mailed directly to target licensee employment units on February 24, 2016.
- Mandatory response deadline established for April 11, 2016.
Response Requirements for Employment Units
The compliance documentation required by the FCC depends on the size of the station employment unit workforce. Full-time employees are defined under FCC rules as staff members regularly assigned to work 30 or more hours per week.
Units with fewer than five full-time employees are exempt from full EEO recruitment program requirements but must still respond. Their response is limited to submitting a list of full-time employees by job title with regular weekly hours assigned (without individual employee names) and disclosing any pending or resolved discrimination complaints. Units employing five or more full-time staff members must provide comprehensive EEO records.
- Units with 5 or more full-time employees must submit their two most recent EEO public file reports pursuant to 47 C.F.R. § 73.2080(c)(6).
- Verification of website postings and URLs where EEO public file reports are made accessible.
- Dated recruitment announcements, job advertisements, interview totals, and referral sources for all full-time vacancies under § 73.2080(c)(5).
- Documentation of required recruitment initiatives (such as job fairs, mentoring, and staff training) conducted pursuant to § 73.2080(c)(2).
- A complete record of any pending or resolved employment discrimination complaints filed against the station during its current license term.
Special Rules for Brokered Stations and Religious Broadcasters
The Commission outlined specific instructions for stations subject to time brokerage agreements. Licensees of brokered stations must forward the audit letter to the brokering entity, which is responsible for submitting EEO data covering its own full-time staff operating at the brokered facility.
Broadcasters qualifying as religious entities under Section 73.2080(a) where positions are subject to religious qualifications are subject to modified reporting requirements. Such licensees must provide records of hire dates, job titles, and recruitment sources used, but are exempt from standard recruitment initiative requirements unless they maintain five or more full-time positions that do not have religious qualifications.
- Brokers must submit EEO data relating to their full-time employees at the brokered facility pursuant to 47 C.F.R. § 73.2080(f)(3).
- Brokered operations with fewer than five combined full-time employees require only basic job title listings and complaint disclosures.
- Religious broadcasters must identify positions subject to religious qualification exemptions.
Submission Procedures, Public Files, and Exemptions
All audit responses must be received by the Media Bureau's EEO Staff in Washington, D.C., by April 11, 2016. Submissions must be directed specifically to the Policy Division rather than the Office of the Secretary. Responses may be delivered on paper, CD, or electronic media, provided an original signed certification by an officer, partner, or principal is included.
Stations must place a copy of the audit letter and their submitted response into their local public inspection file pursuant to Sections 73.3526(e)(10) and 73.3527(e)(11). Responses must not contain personally identifiable information such as home addresses or Social Security numbers. Broadcasters audited in 2014 or 2015, or stations whose license renewal applications were granted by final order within the preceding 18 months, may be eligible for an exemption upon contacting Commission staff.
- Original certified responses must be delivered to: EEO Staff, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554.
- Time extension requests require written showing of extraordinary circumstances sent to Media Bureau staff.
- Failure to respond or make timely public file postings subjects stations to sanctions, forfeitures, or license revocation under 47 C.F.R. § 73.2080(g) and 47 U.S.C. §§ 312 and 503.