Common Carrier Annual Employment Report, FCC Form 395

FCC FORM 395 INSTRUCTIONS
REVISED [MONTH] 2021

Approved by OMB
3060-0076
Est. time per response:
1 hour

INSTRUCTIONS FOR COMPLETION OF FCC FORM 395
COMMON CARRIER ANNUAL EMPLOYMENT REPORT
A. Who Must File: The FCC Form 395, Common Carrier
Annual Employment Report, is to be filed by all licensees and
permittees of common carrier stations with sixteen (16) or
more full-time employees, as required by 47 CFR 1.815 (see
item D, below).
B. How and When to File Respondents must file all FCC
Form 395 Reports, including resubmissions, in WC Docket
No. 16-233 using the Commission’s Electronic Comment
Filing System (ECFS). (See item J, below, for details about
filing Form 395 in ECFS.)
NOTE: DO NOT SUBMIT CONFIDENTIAL DOCUMENTS
USING ECFS. CONFIDENTIAL DOCUMENTS MUST BE
SUBMITTED ON PAPER TO THE OFFICE OF THE
SECRETARY. ALL DOCUMENTS SUBMITTED THROUGH
ECFS ARE MADE AVAILABLE TO THE PUBLIC.
All requests for confidential treatment of FCC Form 395 data
should be filed consistent with Section 0.459 of the
Commission’s rules, 47 CFR § 0.459. A carrier seeking
confidential treatment of certain Form 395 data must file a
redacted (public) version of its Form 395 Report using ECFS,
and also file a non-redacted version, for which confidentiality
is requested, along with respondent’s request for
with
the
Federal
Communications
confidentiality,
Commission, Office of the Secretary, 9050 Junction Drive,
Annapolis Junction, MD 20701.
The completed report must be filed by May 31 of each year.
C. Reporting Period (item 3 of FCC Form 395): The
employment data being filed must reflect the employment
figures from any one payroll period in January, February, or
March. The same payroll period should be used in each
year’s report.
D. Number of Full-Time Employees (item 4 of FCC Form
395): (1) If the filing concerns a reporting unit that had fewer
than sixteen (16) full-time employees during the selected
payroll period (see item C, above), no Form 395 filing is
required. Such a reporting unit, however, may fill in Sections
I, IV, and V of the form and submit it to comply with the
respondent’s reporting obligations under 47 CFR 22.321,
23.55, 90.168, 101.4, and 101.311.
(2) If the filing concerns a reporting unit that had 16 or
more full-time employees during the selected payroll period,
all sections of the report should be completed.
E. Minority Group Identification
1. Self-identification is the preferred method of identifying the
race and ethnic information necessary for the FCC Form 395
report.
Employers are required to attempt to allow
employees to use self-identification to complete the FCC
Form 395 report. If an employee declines to self-identify,
employment records or observer identification may be used.

2. FCC Form 395 provides for reporting Hispanics or
Latinos, Whites (non-Hispanic), Blacks or African Americans
(non-Hispanic), Native Hawaiian or other Pacific Islanders,
Asians, American Indians or Alaska Natives and persons of
two or more races, whenever such persons are employed.
The category that most closely reflects the individual’s
recognition in his or her community should be used to report
persons of mixed racial and/or ethnic origins.
F. Race/Ethnic Categories
1. Hispanic or Latino: A person of Cuban, Mexican, Puerto
Rican, South or Central American, or other Spanish culture
or origin regardless of race.
2. White (Not Hispanic or Latino): A person having origins in
any of the original peoples of Europe, the Middle East, or
North Africa.
3. Black or African American (Not Hispanic or Latino): A
person having origins in any of the black racial groups of
Africa.
4. 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.
5. 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.
6. 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 maintain tribal affiliation or community
attachment.
7. Two or More Races (Not Hispanic or Latino): All persons
who identify with more than one of the above six races.
G. Job Categories
The following job category definitions are provided for your
guidance and may be used in completing FCC Form 395. A
person who works in more than one job category is to be
included in the one that represents the most important work
done by that individual and is to be listed only once. Specific
job titles enumerated below are not all-inclusive or rigid. The
proper categorization of any employee depends on the kind
and level of the employee’s responsibilities.
1.
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

FCC FORM 395 INSTRUCTIONS
REVISED [MONTH] 2021
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, 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.2. First/MidLevel 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 service managers, purchasing and
transportation managers, storage and distribution managers,
call center or customer service managers, technical support
managers, and brand or product managers.
3. Professionals: Most jobs in this category require bachelor
and graduate degrees, and/or professional certification. In
some instances, comparable experience may establish a
persons 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.
4. 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.

5. 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.
6. Administrative Support Workers: These jobs involve nonmanagerial 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.
7. Craft Workers (formerly Craft Workers (Skilled)): Most
jobs in this category includes 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.
8. 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.
9. 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:

FCC FORM 395 INSTRUCTIONS
REVISED [MONTH] 2021
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.
10. 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.
See
EEOC
EEO-1
instruction
booklet
at
https://www.eeoc.gov/employers/eeo1survey/2007instruction
s.cfm for additional guidance pertaining to race and ethnic
identification and descriptions of job categories.
H. Report of Discrimination Complaints
All common carrier licensees and permittees are required by
47 CFR 22.321, 23.55, 90.168, 101.4, and 101.311 to file a
report of equal employment opportunity discrimination
complaints brought against them. Section IV makes this
complaints report a part of the annual employment report for
those reporting units that file Form 395 (see item D, above).
I. Certification. FCC Form 395 must be certified: by the
licensee or permittee, if an individual; by a partner, if a
partnership; by an officer, if a corporation or association; or
by an attorney of the licensee or permittee, in case of his or
her disability or absence from the United States.
J. Submitting Form 395 using ECFS. Respondents can
upload files containing completed and certified Form 395
Reports at the ECFS “Submit a Filing” web page located at
https://www.fcc.gov/ecfs/filings.
To file Form 395 using ECFS, enter the following information
where indicated on the ECFS “Submit a Filing” web page:
1.

Proceeding – Enter “16-233”.

2.

Name of Filer – Enter the respondent’s name exactly as
it appears in “SECTION 1 – General Information” of the
respondent’s FCC Form 395.

3.

Primary Contact Email: Enter the email address of a
person that the Commission can contact if it has
questions about or problems with the ECFS filing.

4.

Type of Filing – Select “Report” from the drop down
menu.

5.

Address – In the Address of field, select “Filer” and
enter respondent’s address in the address fields as it

appears in “SECTION 1 – General Information” of
respondent’s FCC Form 395.
6.

Upload Documents – Click inside the box to upload the
file containing a completed and certified copy of
respondent’s Form 395 for the filing year. For
respondents seeking confidential treatment of Form 395
data, this file should contain the redacted version of the
respondent’s completed and certified form.
•

7.

Description: When prompted to enter a description
for the uploaded document, enter “XXXX FORM 395
[Respondent’s Name]”, where “XXXX” is the filing
year. When filing a revision, use “XXXX FORM 395
Rev. N [Respondent’s Name]” where “XXXX” is the
filing year and “N” is the revision number.

Email Confirmation – Check the box to receive an
email confirmation of the submission.

After entering this information, click “Continue to review
screen.” When satisfied with your entries, click “Submit” to
formally file the data with the Commission. When ECFS
accepts the filing, it will return a confirmation page and
confirmation number that can be used later to track the status
of the filing. Take note of this number. If you opted earlier
to receive an email confirmation of your submission, you will
also receive the confirmation number in an email.
FCC NOTICE TO INDIVIDUALS, AS REQUIRED BY THE
PRIVACY ACT AND THE PAPERWORK REDUCTION ACT
The solicitation of personal information requested in this
report is authorized by the Communications Act of 1934, as
amended. The data collected will be used to assess
compliance with the FCC rules and regulations pertaining to
EEO requirements. Failure to file the FCC Form 395 in
accordance with the Commission’s rules and these
instructions may lead to enforcement action pursuant to the
Act and other applicable law. Information requested by this
form will be available for public inspection. Your response is
mandatory.
The public reporting burden for this collection of information
is estimated to average one hour per response, including the
time needed for reviewing instructions, searching existing
data sources, gathering and maintaining the required data,
and completing and reviewing the report. If you have any
comments on this burden estimate, or how we can improve
the collection and reduce the burden it causes you, please
write to the Federal Communications Commission, AMDPERM, Paperwork Reduction Project (3060-0076), Washington, DC 20554. We will also accept your comments regarding the Paperwork Reduction Act aspects of this collection
via the Internet if you send them to [email protected]. PLEASE
DO NOT SEND YOUR RESPONSE TO THIS ADDRESS.
(Follow the instructions given in item B, above, to respond to
this information collection.) 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.

FCC FORM 395 INSTRUCTIONS
REVISED [MONTH] 2021
THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, PUBLIC LAW 93-579, DECEMBER
31, 1974, 5 U.S.C. 552a(e)(3), AND BY THE PAPERWORK
REDUCTION ACT OF 1995, PUBLIC LAW 104-13,
OCTOBER 1, 1995, 44 U.S.C. 3507.