NEWSReport No. DC 96-9     ACTION IN DOCKET CASE           February 8, 1996


                COMMISSION ISSUES BROADCAST EEO STREAMLINING PROPOSALS
                              AND PROPOSES FORFEITURE GUIDELINES
                         (MM DOCKET NO. 96 - 16 )

     The Commission has begun a proceeding to streamline EEO
requirements for broadcasters, especially those who operate small
stations or stations in small markets.  The agency's goal is to
ensure that its EEO requirements are not unduly burdensome while,
at the same time, maintaining an effective EEO program for the
broadcast industry.    The Commission is also proposing to adopt
guidelines for imposing sanctions for EEO violations to increase
predictabililty for broadcasters and to facilitate resolution of
renewal applications.  

     With regard to streamlining proposals, the Commission seeks
comment on which categories of stations might qualify for reduced
recordkeeping and filing requirements or, in some cases, be
exempted from these duties altogether.  Categories being considered
include the station's staff size, market size and the size of the
local minority labor force.  The Commission is exploring several
possible options for relief for qualifying stations.  Under one
approach, stations would only have to certify that their staff size
is below a certain threshhold and would then be exempt from further
reporting requirements.  Under another approach, the Commission
would maintain reporting requirements but allow broadcasters a
choice of possible recruitment options, one of which might be
regular participation in recruiting events like job fairs.  The
Commission also asked for comment on an industry proposal to permit 
broadcasters not to retain detailed job-by-job recruitment records
if their employment profiles meet certain benchmarks.

     The Commission is proposing to give broadcasters credit for
using the recruiting resources of a central source, such as a state
broadcast association, under certain conditions--for example, that
the central source maintains contact with a broad range of
recruitment sources and that broadcasters have access to the
entity's records of recruitment contacts and applicant flow.  The
Commission called for any other proposals that would minimize
paperwork burdens while maintaining effective industry oversight. 
The Commission also asked for comment on whether it can improve the

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current test under which stations may evaluate their EEO efforts
with reference to a labor force other than the labor force in the
Metropolitan Statistical Area (MSA) in which the station in
located. 

     The Commission is also soliciting comment on proposed
guidelines for imposing forfeitures for EEO violations.  The
Commission in 1994 issued similar guidelines but they were
effectively invalidated when the court of appeals vacated other
similar guidelines for the agency's failure to conduct a notice-
and-comment proceeding beforehand.  Since then, the Commission has
processed renewal applications on a case by case basis without
reference to the guidelines.  The Commission expects the new
guidelines to provide greater certainty regarding the requirements
of the EEO program and also to facilitate resolution of EEO cases.

     The broadcast EEO rules serve two objectives:  the promotion
of programming that reflects the needs and interests of the entire
community and the prevention of unlawful employment discrimination. 
The Commission uses an efforts-based approach to assess EEO
compliance.  The objective of the rule is to increase the pool of
qualified female and minority candidates from which a licensee can
select the best qualified person without regard to gender, race or
ethnic origin.  The Commission focuses on a station's equal
employment opportunity program, its consistent efforts to contact
sources likely to refer qualified female and minority applicants
and self-analysis of its outreach program.  Broadcast stations with
five or more employees are required to file general information
regarding recruitment and hiring practices as part of their license
renewal application and work force data as part of their annual
employment reports.  In order to review compliance with the duty to
engage in continous self-assessment, the Commission also requires
broadcasters to keep detailed records of their EEO efforts and the
results of those efforts.

     Action by the Commission February 8, 1996, by Order and Notice
of Proposed Rulemaking (FCC 96-49).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong, with Commissioners Barrett and
Ness each issuing separate statements.


                                  - FCC -

     News Media contact:  Patricia A. Chew at (202) 418-0500
     Mass Media Bureau contact:  Hope Cooper at (202) 418-1450