2023-11-13 14:38:24
13 November 2023
Wiley Rein
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Annual EEO Public File Report
Radio and television station employment units (SEUs) located in
Alabama, Georgia, Colorado, Minnesota, Montana, North
Dakota, South Dakota, Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, and Vermont with five or more
full-time employees must prepare by Friday, December 1, 2023, an
annual Equal Employment Opportunity (EEO) Public File Report (PFR).
By December 1, the report must be posted on the website belonging
to each station in the SEU and uploaded to its online public
inspection file at the Federal Communication Commission’s
(FCC’s or Commission’s) website.
Note: It is the licensee’s responsibility to
ensure the PFR is uploaded to the online public inspection file by
the deadline. Files receive an electronic date/time stamp when
uploaded to the online public file, making it clear to FCC staff if
they are posted late.
The PFR should summarize the SEU’s recruitment activity from
December 1, 2022 – November 30, 2023, including full-time positions
filled, the recruitment sources used to advertise those job
openings, and the total number of interviewees and hires produced
by each recruitment source. The PFR must also include a summary of
the SEU’s recruitment initiatives.
Mid-Term Review
The FCC has begun its mid-term review of EEO compliance.
During the mid-term review, the FCC will review the SEU’s
Annual EEO Public File Reports for the prior two years. The
mid-term review beginning on December 1, 2023 will apply to
Radio SEUs located in Alabama and Georgia. The FCC
no longer requires SEUs to file a Form 397 (Broadcast Mid-Term
Report) with a copy of the last two EEO annual reports, instead,
the FCC will review the reports that are uploaded to the online
public inspection file (OPIF).
For Radio SEUs: The FCC applies
the mid-term review to Radio SEUs with 11 or more full-time
employees, which the FCC defines to mean individuals who work 30
hours or more per week. (To be clear, if the Radio SEU has between
5-10 employees, it must still prepare and upload a copy of the
Annual EEO Public File Report to the OPIF for each station.) To
provide the FCC with information regarding the size of the SEU, each
radio licensee must complete a new section of the OPIF. Under the
“Settings” section of the OPIF, there is a new tab called
“Mid-Term Review.” Each radio licensee will need to
update this tab to answer whether it has 11 or more full-time
employees. The FCC has indicated that licensees who fail to answer
this new question will be contacted by Enforcement Bureau
staff.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
regarding your specific circumstances.
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