FCC OKs EEO Data Collection FNPRM 4-0

The FCC unanimously voted to seek comment on collecting equal employment opportunity data from broadcasters through Form 395-B, said a docket 98-204 Further NPRM Monday. The data collection was originally part of a proceeding in 2004 that stalled over concerns about confidentiality. “After so much time, this pause turned into a standstill,” said acting Chairwoman Jessica Rosenworcel. “We can do better than this.” The order stems from a draft circulated by Rosenworcel in February, and issues raised by Commissioner Geoffrey Starks in 2019 (see 2103260038). Failure to collect the EEO data “has hampered our ability to determine what regulatory actions are necessary to ensure equal employment opportunities,” said Starks. Rosenworcel commended Starks and Commissioner Brendan Carr for their collaboration here. The FNPRM seeks to “refresh the record regarding the collection of broadcaster workforce composition data and obtain further input on the legal, logistical, and technical issues surrounding FCC Form 395-B.” The item doesn’t appear to make specific proposals, and seeks comment on how confidentiality concerns should be handled, how the data collection interacts with court decisions on minority discrimination and recruitment, and whether the data should be “station-attributable.” Broadcasters had expressed concern that EEO data attributable to specific stations could be used against them in petitions to deny and similar filings. “An anonymous filing approach could impede” the FCC from contacting licensees if there are problems with the data, the FNPRM said. NAB said it is looking forward to reviewing the FNPRM and broadcasters "are committed to ensuring that they are able to recruit and retain a diverse workforce that represents the local communities they serve."