Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity Program Report

Forms and Documents

Document Name	Status
Form FCC Form 396 Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity Program Report Form and Instruction	Modified
Non-substantive change for Form 396 (2019)(LMS) (February 2019).docx Justification for No Material/Nonsubstantive Change	2019-02-26
Supporting Statement OMB 3060-0113 Feb2019.doc Supporting Statement A	2019-02-26

IC Document Collections

IC ID	Document Title	Status
29611	Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity Program Report Form and Instruction	Modified

ICR Details

OMB Control No: 3060-0113	ICR Reference No: 201902-3060-018
Status: Active	Previous ICR Reference No: 201808-3060-003
Agency/Subagency: FCC	Agency Tracking No: MB
Title: Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity Program Report
Type of Information Collection: No material or nonsubstantive change to a currently approved collection	Common Form ICR:  No
Type of Review Request: Delegated
OIRA Conclusion Action: Approved without change	Conclusion Date: 02/26/2019
	Date Received in OIRA: 02/26/2019
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	08/31/2021	08/31/2021	08/31/2021
Responses	2,001	0	2,001
Time Burden (Hours)	3,002	0	3,002
Cost Burden (Dollars)	300,300	0	300,300

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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"). Please see the non-substantive justification for the reason for this change request submission to the Office of Management and Budget (OMB) for review and approval.

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Authorizing Statute(s): US Code: 47 USC 303 Name of Law: Communications Act of 1934, as amended
   US Code: 47 USC 154 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:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 27772	06/14/2018
30-day Notice:	Federal Register Citation:	Citation Date:
	83 FR 27772	06/14/2018
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
Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity 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	2,001	0	0	0	0
Annual Time Burden (Hours)	3,002	3,002	0	0	0	0
Annual Cost Burden (Dollars)	300,300	300,300	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $88,604

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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: 02/26/2019

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