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pdfFederal Communications Commission
Washington, D.C. 20554
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3060-0095
INSTRUCTIONS FOR COMPLETING
FCC FORM 395-A
YOU ARE STRONGLY URGED TO CONSULT THE COMMISSION'S MPVD EEO RULES
BEFORE COMPLETING THIS FORM
47 CFR Section 76.71 et seq.
General Instructions
Supply the requested information for the unit identified by the EEO ID number (different from physical system ID number requested
below). If the unit no longer exists due to consolidation with another unit, or is no longer under your control, attach as Exhibit A an
explanation and proceed to Section V.
Section I
A.
In addition to the unit operator's legal name, supply, if applicable, the name of the MSO owning or controlling the operator.
B.
Supply the address to which you want correspondence sent.
C.
Supply the county and state of the unit's principal employment office.
D.
A full-time employee is one who permanently works 30 or more hours per week.
E.
Insert the payroll period in July, August or September used for this year's report.
Section II
List the Physical System Identification Number(s) issued by the FCC for the employment unit.
Section III
Report all permanent, not temporary, employees, both full-time and part-time, in the appropriate job categories, listed by gender and race,
color or national origin.
DESCRIPTION OF JOB CATEGORIES
The major job categories are listed below, including a brief description of the skills and training required for occupations in that
category and examples of the job titles that fit each category. The examples shown below are illustrative and not intended to be
exhaustive of all job titles in a job category. These job categories are primarily based on the average skill level, knowledge, and
responsibility involved in each occupation within the job category.
The Officials and Managers category as a whole is to be divided into the following two subcategories: Executive/Senior Level
Officials and Managers and First/Mid Level Officials and Managers. These subcategories are intended to mirror the employer’s own
well established hierarchy of management positions. Small employers who may not have two well-defined hierarchical steps of
management should report their management employees in the appropriate categories.
Executive/Senior Level Officials and Managers. Individuals who plan, direct and formulate policies, set strategy and provide the
overall direction of enterprises/organizations for the development and delivery of products or services, within the parameters
approved by boards of directors or other governing bodies. Residing in the highest levels of organizations, these executives plan,
direct or coordinate activities with the support of subordinate executives and staff managers. They include, in larger organizations,
those individuals within two reporting levels of the CEO, whose responsibilities require frequent interaction with the CEO. Examples
of these kinds of managers are: chief executive officers, chief operating officers, chief financial officers, line of business heads,
FCC 395-A Instructions
Draft
presidents or executive vice presidents of functional areas or operating groups, chief information officers, chief human resources
officers, chief marketing officers, chief legal officers, management directors and managing partners.
First/Mid Level Officials and Managers. Individuals who serve as managers, other than those who serve as Executive/Senior Level
Officials and Managers, including those who oversee and direct the delivery of products, services or functions at group, regional or
divisional levels of organizations. These managers receive directions from the Executive/Senior Level management and typically lead
major business units. They implement policies, programs and directives of executive/senior management through subordinate
managers and within the parameters set by Executive/Senior Level management. Examples of these kinds of managers are: vice
presidents and directors, group, regional or divisional controllers; treasurers; human resources, information systems, marketing, and
operations managers. The First/Mid Level Officials and Managers subcategory also includes those who report directly to middle
managers. These individuals serve at functional, line of business segment or branch levels and are responsible for directing and
executing the day-to-day operational objectives of enterprises/organizations, conveying the directions of higher level officials and
managers to subordinate personnel and, in some instances, directly supervising the activities of exempt and non-exempt personnel.
Examples of these kinds of managers are: first-line managers; team managers; unit managers; operations and production managers;
branch managers; administrative services managers; purchasing and transportation managers; storage and distribution managers; call
center or customer service managers; technical support managers; and brand or product managers.
Professionals. Most jobs in this category require bachelor and graduate degrees, and/or professional certification. In some instances,
comparable experience may establish a person’s qualifications. Examples of these kinds of positions include: accountants and
auditors; airplane pilots and flight engineers; architects; artists; chemists; computer programmers; designers; dieticians; editors;
engineers; lawyers; librarians; mathematical scientists; natural scientists; registered nurses; physical scientists; physicians and
surgeons; social scientists; teachers; and surveyors.
Technicians. Jobs in this category include activities that require applied scientific skills, usually obtained by post secondary education
of varying lengths, depending on the particular occupation, recognizing that in some instances additional training, certification, or
comparable experience is required. Examples of these types of positions include: drafters; emergency medical technicians; chemical
technicians; and broadcast and sound engineering technicians.
Sales Workers. These jobs include non-managerial activities that wholly and primarily involve direct sales. Examples of these types of
positions include: advertising sales agents; insurance sales agents; real estate brokers and sales agents; wholesale sales
representatives; securities, commodities, and financial services sales agents; telemarketers; demonstrators; retail salespersons; counter
and rental clerks; and cashiers.
Administrative Support Workers. These jobs involve non-managerial tasks providing administrative and support assistance, primarily
in office settings. Examples of these types of positions include: office and administrative support workers; bookkeeping; accounting
and auditing clerks; cargo and freight agents; dispatchers; couriers; data entry keyers; computer operators; shipping, receiving and
traffic clerks; word processors and typists; proofreaders; desktop publishers; and general office clerks.
Craft Workers (formerly Craft Workers (Skilled)). Most jobs in this category include higher skilled occupations in construction
(building trades craft workers and their formal apprentices) and natural resource extraction workers. Examples of these types of
positions include: boilermakers; brick and stone masons; carpenters; electricians; painters (both construction and maintenance);
glaziers; pipelayers, plumbers, pipefitters and steamfitters; plasterers; roofers; elevator installers; earth drillers; derrick operators; oil
and gas rotary drill operators; and blasters and explosive workers. This category also includes occupations related to the installation,
maintenance and part replacement of equipment, machines and tools, such as: automotive mechanics; aircraft mechanics; and electric
and electronic equipment repairers. This category also includes some production occupations that are distinguished by the high degree
of skill and precision required to perform them, based on clearly defined task specifications, such as: millwrights; etchers and
engravers; tool and die makers; and pattern makers.
Operatives (formerly Operatives (Semi-skilled)). Most jobs in this category include intermediate skilled occupations and include
workers who operate machines or factory-related processing equipment. Most of these occupations do not usually require more than
several months of training. Examples include: textile machine workers; laundry and dry cleaning workers; photographic process
workers; weaving machine operators; electrical and electronic equipment assemblers; semiconductor processors; testers, graders and
sorters; bakers; and butchers and other meat, poultry and fish processing workers. This category also includes occupations of
generally intermediate skill levels that are concerned with operating and controlling equipment to facilitate the movement of people or
materials, such as: bridge and lock tenders; truck, bus or taxi drivers; industrial truck and tractor (forklift) operators; parking lot
attendants; sailors; conveyor operators; and hand packers and packagers.
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Laborers and Helpers (formerly Laborers (Unskilled)). Jobs in this category include workers with more limited skills who require
only brief training to perform tasks that require little or no independent judgment. Examples include: production and construction
worker helpers; vehicle and equipment cleaners; laborers; freight, stock and material movers; service station attendants; construction
laborers; refuse and recyclable materials collectors; septic tank servicers; and sewer pipe cleaners.
Service Workers. Jobs in this category include food service, cleaning service, personal service, and protective service activities. Skill
may be acquired through formal training, job-related training or direct experience. Examples of food service positions include: cooks;
bartenders; and other food service workers. Examples of personal service positions include: medical assistants and other healthcare
support positions; hairdressers; ushers; and transportation attendants. Examples of cleaning service positions include: cleaners;
janitors; and porters. Examples of protective service positions include: transit and railroad police and fire fighters; guards; private
detectives and investigators.
Race and Ethnic Identification
Self-identification is the preferred method of identifying the race and ethnic information necessary for the report. Employers are
required to attempt to allow employees to use self-identification to complete the report. If an employee declines to self-identify,
employment records or observer identification may be used.
Where records are maintained, it is recommended that they be kept separately from the employee’s basic personnel file or other
records available to those responsible for personnel decisions.
Race and ethnic designations do not denote scientific definitions of anthropological origins. Definitions of the race and ethnicity
categories are as follows:
Hispanic or Latino – A person of Cuban, Mexican, Puerto Rican, South or Central American, or other Spanish culture or origin
regardless of race.
White (Not Hispanic or Latino) – A person having origins in any of the original peoples of Europe, the Middle East, or North
Africa.
Black or African American (Not Hispanic or Latino) – A person having origins in any of the black racial groups of Africa.
Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) – A person having origins in any of the peoples of Hawaii,
Guam, Samoa, or other Pacific Islands.
Asian (Not Hispanic or Latino) – A person having origins in any of the original peoples of the Far East, Southeast Asia, or the
Indian Subcontinent, including, for example, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands,
Thailand, and Vietnam.
American Indian or Alaska Native (Not Hispanic or Latino) – A person having origins in any of the original peoples of North and
South America (including Central America), and who maintains tribal affiliation or community attachment.
Two or More Races (Not Hispanic or Latino) – All persons who identify with more than one of the above five races.
Instructions for assigning employees into the race/ethnic categories:
Hispanic or Latino – Include all employees who answer YES to the question, “Are you Hispanic or Latino”. Report all Hispanic
males in Column A and Hispanic females in Column B.
White (Not Hispanic or Latino) – Include all employees who identify as White males in Column C and as White females in Column
I.
Black or African American (Not Hispanic or Latino) – Include all employees who identify as Black males in Column D and as
Black females in Column J.
Native Hawaiian or Other Pacific Islander (Not Hispanic or Latino) – Include all employees who identify as Native Hawaiian or
Other Pacific Islander males in Column E and as Native Hawaiian or Other Pacific Islander females in Column K.
Asian (Not Hispanic or Latino) – Include all employees who identify as Asian males in Column F and as Asian females in Column
L.
3
American Indian or Alaska Native (Not Hispanic or Latino) – Include all employees who identify as American Indian or Alaska
Native males in Column G and as American Indian or Alaska Native females in Column M.
Two or More Races (Not Hispanic or Latino) – Report all male employees who identify with more than one of the above five races
in Column H and all female employees who identify with more than one of the above five races in Column N.
Section IV
Based on the same payroll period used for Section III, report all permanent, not temporary, employees both full-time and part-time, in the
appropriate job sub-categories, listed by gender and race, color or national origin.
Job Sub-Category Definitions
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 in the company's governing regulations (e.g., Articles of Incorporation, Articles of Partnership, By-Laws).
Examples of positions falling within this category may include, Chairman of the Board, President and Vice-President.
NOTE: A person whose responsibilities fall within the Corporate Officers category and one of the five succeeding job
categories (i.e., Vice President and General Sales Manager) should normally be reported in one of the succeeding
categories. A person should be reported in only one sub-category.
General Manager -- An employee who exercises overall responsibility for an employment unit or system. Related title may include
"systems manager."
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 Engineer."
Comptroller -- An employee who manages the activities of the accounting department in the maintenance of the accounting book and other
such records.
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.
Production Manager -- A senior employee responsible for advertising and/or production of local community programming.
NOTE: A person is to be listed in the one category which represents the most frequently performed task by that person.
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 employee's responsibilities.
Section V
Sign and date the form in the spaces provided. Also, print the name of the official signing as well as the title of that person. Return the
original and one copy to the Commission by September 30. Retain a copy for your files.
FCC NOTICE REQUIRED BY THE PAPERWORK REDUCTION ACT
We have estimated that each response to this collection of information will take one hour (1 hour). Our estimate includes the time to read
the instructions, look through existing records, gather and maintain required data, and actually complete and review the form or response.
If you have any comments on this burden estimate, or on how we can improve the collection and reduce the burden it causes you,
please e-mail them to [email protected] or send them to the Federal Communications Commission, AMD-PERM, Paperwork Reduction
Project (3060-0095), Washington, DC 20554. Please DO NOT SEND COMPLETED FORMS TO THIS ADDRESS. Remember you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct
or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This
collection has been assigned an OMB control number of 3060-0095.
4
THE FOREGOING NOTICE IS REQUIRED BY THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13,
OCTOBER 1, 1995, 44 U.S.C. § 3507.
5
NOTICE
THE PAYROLL PERIOD, SECTION I(E), IS THE END OF ANY TWO WEEK PERIOD BETWEEN JULY 1 AND
SEPTEMBER 30. IT IS THE DATE USED TO REPORT THE COMPOSITION OF THE UNIT'S STAFF IN
SECTION III DURING THE PRECEDING 12 MONTHS.
FILE THE COMPLETED FORM ELECTRONICALLY (OR IF REQUESTING A WAIVER FROM MANDATORY
ELECTRONIC FILING, FILE THE FORM ON PAPER IN DUPLICATE). PURSUANT TO SECTION 76.1802 OF
THE COMMISSION'S RULES, THE DUE DATE FOR FILING FORM FCC 395-A IS SEPTEMBER 30 OF EACH
YEAR. ALL REPORTS WILL BE CONSIDERED DELINQUENT AFTER SEPTEMBER 30.
FCC 395-A Instructions
Draft
Multi-Channel Video Programming Distributor Annual Employment Report
Not Approved by OMB
3060-0095
FCC FORM 395-A
Electronic filing of this form is mandatory at www.fcc.gov by September 30
each year. Parties who cannot file electronically may request permission to
mail the form to the FCC by calling the EEO Staff at 202-418-1450 and
explaining why it is impossible for them to file electronically.
For FCC Use Only
Emp. Unit ID #
SECTION I - IDENTIFYING INFORMATION
A. Name of Operator:
MSO Name:
B. Employment Unit's Mailing Address
City
E.
State
Pay Period Covered by this Report (inclusive dates)
Zip Code
C. County and State in which unit's employment office is located
D
Category of Respondent (check applicable box)
()
Fewer than six (6) full-time employees during the selected
payroll period: Complete Sections I, II and V.
()
Six (6) or more full-time employees during the selected
payroll period: Complete ALL sections of the Form 395-A.
SECTION II - PHYSICAL SYSTEM IDENTIFICATION NUMBER(S) FOR EMPLOYMENT UNIT
Ident No.
FCC 395-A
Draft
SECTION III - EMPLOYMENT DATA
Employment at this establishment - Report all permanent full- and part-time employees including apprentices and on-the-job trainees unless specifically excluded as set forth
in the instructions. Enter the appropriate figures on all lines and in all columns. Blank spaces will be considered as zeros.
Number of Employees
(Report employees in only one category)
Race/Ethnicity
Job
Categories
Executive/Senior Level Officials and
Managers
Not-Hispanic or Latino
Hispanic or
Latino
Female
Male
Male
Female
White
Black or
African
American
Native
Hawaiian
or
Other
Pacific
Islander
Asian
American
Indian or
Alaska
Native
Two
or
more
races
White
Black or
African
American
Native
Hawaiian
or
Other
Pacific
Islander
Asian
American
Indian or
Alaska
Native
Two
or
more
races
A
B
C
D
E
F
G
H
I
J
K
L
M
N
1.1
First/Mid-Level Officials and Managers
1.2
Professionals
2
Technicians
3
Sales Workers
4
Administrative Support Workers
5
Craft Workers
6
Operatives
7
Laborers and Helpers
8
Service Workers
9
TOTAL
10
PREVIOUS YEAR TOTAL
11
1. Date(s) of payroll period used:
FCC 395-A (Page 2)
Draft
Total
Col
A-N
(Omit on the Consolidated Report.)
O
SECTION IV - EMPLOYMENT DATA FOR UPPER-LEVEL JOB SUB-CATEGORIES
Number of Employees
(Report employees in only one category)
Job
Sub-Categories
Race/Ethnicity
Not-Hispanic or Latino
Hispanic or
Latino
Total
Col
A-N
Female
Male
Male
Female
White
Black or
African
American
Native
Hawaiian
or
Other
Pacific
Islander
Asian
American
Indian or
Alaska
Native
Two
or
more
races
White
Black or
African
American
Native
Hawaiian
or
Other
Pacific
Islander
Asian
American
Indian or
Alaska
Native
Two
or
more
races
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
Corporate Officers
General Manager
Chief Technician
Comptroller
General Sales Manager
Production Manager
FCC 395-A (Page 3)
Draft
SECTION V - CERTIFICATION
This report must be certified as follows:
A.
By the individual owning the reporting system if individually owned;
B.
By a partner, if a partnership; or
C.
By an officer, if a corporation or association.
I certify that to the best of my knowledge, information and belief, all statements contained in this report are true and correct.
Signed
Title
Date
Name of Respondent
Telephone No. (include area code)
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR
IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE
(U.S. CODE, TITLE 47, SECTION 312(a)(1), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).
FCC 395-A (Page 4)
Draft
File Type | application/pdf |
File Title | Microsoft Word - 395AINST.doc |
Author | Antoine.Green |
File Modified | 2008-08-26 |
File Created | 2008-07-28 |