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	Unchanged
Supporting Statement OMB 3060-0113_final version (FCC 23-72).docx Supporting Statement A	2023-12-13

IC Document Collections

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

ICR Details

OMB Control No: 3060-0113	ICR Reference No: 202312-3060-010
Status: Received in OIRA	Previous ICR Reference No: 202107-3060-015
Agency/Subagency: FCC	Agency Tracking No: EB
Title: Form 2100, Schedule 396 – Broadcast Equal Employment Opportunity Program Report
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 12/19/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved	08/31/2024
Responses	2,960	2,960
Time Burden (Hours)	4,336	4,336
Cost Burden (Dollars)	666,000	666,000

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Abstract: The Broadcast Equal Employment Opportunity (EEO) Program Report, FCC Form 2100, Schedule 396, is a device that is used to evaluate a licensee's EEO program to ensure that satisfactory efforts are being made to comply with FCC's EEO requirements. FCC Form 2100, Schedule 396 is required to be filed at the time of renewal of license by all AM, FM, TV, Class A and Low Power TV and International stations as well as Satellite Digital Audio Radio Service (SDARS) licensees. The Commission adopted on September 18, 2023, the Report and Order (R&O), Amendment of Part 73 of the Commission’s Rules to Update Television and Class A Television Broadcast Station Rules, and Rules Applicable to All Broadcast Stations, MB Docket No. 22-227, FCC 23-72. The R&O adopted a number of revisions to the Commission’s rules to reorganize and clarify the Commission’s technical licensing, operating, and interference rules for full power and Class A television, including a revision to 47 CFR Section 73.2080. No other changes to OMB Control Number 3060-0113, approved August 2021, and restated below, have been made, with the exception of an added description regarding the revision to Section 73.2080. That description is for illustrative purposes only, and also does not create any new or modified paperwork obligations. The Broadcast Equal Employment Opportunity (EEO) Program Report, FCC Form 2100, Schedule 396 is a device that is used to evaluate a licensee’s EEO program to ensure that satisfactory efforts are being made to comply with the FCC's EEO requirements. FCC Form 2100, Schedule 396 is required to be filed at the time of renewal of license by all AM, FM, TV, Class A and Low Power TV and International stations as well as Satellite Digital Audio Radio Service (SDARS) licensees. If a licensee owns more than one station in the same market that shares employees, it is required to file one Schedule 396 for those stations collectively as a “station employment unit” (SEU). SEUs with five or more full-time employees must complete the identification, certification and discrimination complaint portions of the form as well as attach its two most recent EEO Public File Reports—an annual report summarizing various recruitment activities of the licensee—and a narrative statement describing its employment outreach generally. If a SEU has four or fewer full time employees, it must file only the identification, certification and discrimination complaints portions of the form. The recordkeeping requirements for FCC Form 2100, Schedule 396 are covered under OMB control number 3060-0214.

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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(i) 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-AL50	Final or interim final rulemaking	88 FR 70980	10/13/2023

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 70980	10/13/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 87767	12/19/2023
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 Request	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	2,960	2,960	0	0	0	0
Annual Time Burden (Hours)	4,336	4,336	0	0	0	0
Annual Cost Burden (Dollars)	666,000	666,000	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: $221,786

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? No

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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: 12/19/2023

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