Broadcast EEO Program Report, FCC Form 396

Forms and Documents

Document Name	Status
Form FCC Form 396 Broadcast EEO Program Report Form and Instruction	Modified
Supporting Statement OMB 3060-0113 2015 + SDARS.doc Supporting Statement A	2015-09-17

IC Document Collections

IC ID	Document Title	Status
29611	Broadcast EEO Program Report Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0113	ICR Reference No: 201509-3060-008
Status: Historical Active	Previous ICR Reference No: 201501-3060-025
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Broadcast EEO Program Report, FCC Form 396
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 11/09/2015
	Date Received in OIRA: 09/17/2015
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	11/30/2018	36 Months From Approved	01/31/2018
Responses	2,001	0	2,000
Time Burden (Hours)	3,001	0	3,000
Cost Burden (Dollars)	300,300	0	300,000

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Abstract: The Broadcast Equal Employment Opportunity Program Report, FCC Form 396, is a device that is used to evaluate a broadcaster's EEO program to ensure that satisfactory efforts are being made to comply with FCC's EEO requirements. FCC Form 396 is required to be filed at the time of renewal of license by all AM, FM, TV, Low Power TV and International stations. In 1997, the Commission determined that SDARS licensees must comply with the Commission's EEO requirements. See Establishment of Rules and Policies for the Digital Audio Radio Satellite Service in the 2310-2360 MHz Frequency Band, 12 FCC Rcd 5754, 5791, ¶ 91 (1997) ("1997 SDARS Order"), FCC 97-70. In 2008, the Commission clarified that SDARS licensees must comply with the Commission's EEO broadcast rules and policies, including the same recruitment, outreach, public file, website posting, record-keeping, reporting, and self-assessment obligations required of broadcast licensees, consistent with 47 CFR 73.2080, as well as any other Commission EEO policies. See Applications for Consent to the Transfer of Control of Licenses, SM Satellite Radio Holdings Inc., Transferor, to Sirius Satellite Radio Inc., Transferee, 23 FCC Rcd 12348, 12426, ¶ 174, and note 551 (2008) ("XM-Sirius Merger Order"). The Commission is making this submission to the Office of Management and Budget for approval to add SDARS licensees to this information collection.

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Authorizing Statute(s): US Code: 47 USC 154 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 303 Name of Law: Communications Act of 1934, as amended
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
3060-AF93	Final or interim final rulemaking	62 FR 11083	03/11/1997

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 39773	07/10/2015
30-day Notice:	Federal Register Citation:	Citation Date:
	80 FR 55849	09/17/2015
Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Broadcast EEO Program Report	FCC Form 396	Broadcast Equal Employment Opportunity Program Report

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	2,001	2,000	0	1	0	0
Annual Time Burden (Hours)	3,001	3,000	0	1	0	0
Annual Cost Burden (Dollars)	300,300	300,000	0	300	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: There are program changes to this collection which are due to SDARS respondents being added as respondents to this collection. These program changes are as follows: 1 to the number of respondents, 1 to the annual number of responses and $300 to the annual cost burden. There are no adjustments to this collection.

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Annual Cost to Federal Government: $249,004

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 09/17/2015

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