NOTICE
SHOULD YOU NO LONGER OPERATE THIS EMPLOYMENT UNIT, PLEASE FURNISH THE CURRENT OPERATOR'S NAME, ADDRESS, DATE OF TRANSFER AND RETURN THE FORM 395-A OR 395-M IMMEDIATELY. CALL (202) 418-1450 TO OBTAIN FORMS FOR NEWLY ACQUIRED UNITS OR IF YOU HAVE ANY EEO QUESTIONS.
THE PAYROLL PERIOD, SECTION I(E), IS THE END OF ANY TWO WEEK PERIOD BETWEEN JULY 1 AND SEPTEMBER 30, 2000. IT IS THE DATE USED TO REPORT THE COMPOSITION OF THE UNIT'S STAFF IN SECTION V DURING THE PRECEDING 12 MONTHS.
PLEASE EXPLAIN ANY CHANGES IN POSITION CLASSIFICATIONS FROM LAST YEAR (E.G., FROM TECHNICIAN TO CRAFT WORKER).
RETURN THE COMPLETED FORM IN DUPLICATE INCLUDING ANSWERS TO THE SUPPLEMENTAL INVESTIGATION SHEET (SIS) IF APPLICABLE AS SOON AS POSSIBLE. FOR YOUR INFORMATION, THE UPPER RIGHT HAND CORNER OF THE FORM 395-A OR 395-M WILL BE MARKED WITH AN "X" FOR THOSE UNITS THAT MUST FILL OUT AN SIS. PURSUANT TO SECTION 76.1802 OF THE COMMISSION'S RULES, THE DUE DATE FOR FILING FORMS FCC 395-A AND FCC 395-M IS SEPTEMBER 30 OF EACH YEAR. IN 2000, HOWEVER, SEPTEMBER 30 FALLS ON A SATURDAY. CONSEQUENTLY, WE WILL REQUIRE THAT THE FORMS 395-A AND 395-M FOR 2000 BE FILED NO LATER THAN OCTOBER 2, 2000. ALL REPORTS WILL BE CONSIDERED DELINQUENT AFTER MONDAY, OCTOBER 2, 2000. UNITS
FILING REPORTS AFTER OCTOBER 2, 2000 WILL NOT BE EEO CERTIFIED FOR THE 2000 REPORTING PERIOD.
FCC 395-A/M Instructions April 2000
Federal Communications Commission Washington, D.C. 20554
Approved by OMB 3060-0095/0574
INSTRUCTIONS FOR COMPLETING FCC FORMS 395-A & 395-M YOU ARE STRONGLY URGED TO CONSULT THE COMMISSION'S CABLE EEO RULES BEFORE COMPLETING THIS FORM 47 CFR Section 76.71 et seq.
General Instructions Supply the requested information for the unit identified by the EEO ID number appearing on the attachment containing the employee data grid (Section V). If the unit is to submit a Supplemental Investigation Sheet (SIS), one will be attached to the form and an X will appear in the brackets before "Supplemental Investigation Sheet Attached" located in the box "For FCC Use Only" on page 1 of the form. If the unit no longer exists due to consolidation with another unit, or is no longer under your control, attach as Exhibit A an explanation and proceed to Section VIII. Section I A. B. C. D. E. F. In addition to the unit operator's legal name, supply, if applicable, the name of the MSO owning or controlling the operator. Supply the address to which you want correspondence sent. Supply the county and state of the unit's principal employment office. A full-time employee is one who permanently works 30 or more hours per week. Insert the payroll period in July, August or September used for this year's report. Place an X in the appropriate brackets for each possible exhibit.
Section II Submit as Exhibit A a list of communities added to or deleted from the unit, using the format provided. To obtain this information, review the prior year's form for the unit, noting the communities then comprising the unit, and comparing that list with the names of the communities now comprising the unit. (NOT APPLICABLE TO MVPD UNITS) Section III Carefully answer each of the nine (9) questions by checking either Yes or No. If the answer is No, attach as Exhibit B an explanation. The focus of question three is on whether cable units have engaged in broad and inclusive outreach. The Commission does not require the targeting of certain kinds of sources or organizations. With regard to question five, we clarify that efforts to seek out entrepreneurs should be broad enough to cover all segments of the community, and that no entity should be excluded on the basis of race, national origin or gender. In addition, indicate which option the cable employment unit will utilize for the next 12 months. Our EEO Rule requires cable entities to select from two approaches how they will choose to ensure the success of their outreach. Specifically, as one option, cable entities may adopt two supplemental recruitment measures specified in Section 76.75 of the Commission's Rules. As a second option, cable entities may forego the supplemental recruitment measures and design their own broad and inclusive outreach program, as long as they are able to demonstrate success in achieving broad outreach to all segments of the community, including minorities and females, based upon an analysis of the recruitment source, race, national origin, and gender of applicants attracted by their outreach efforts. See 47 C.F.R. Section 76.75.
FCC 395-A/M Instructions April 2000
Section IV You may attach as Exhibit C any additional information you believe useful in the FCC's evaluation of your EEO efforts. There is no requirement to provide such information. Section V Report all permanent, not temporary, employees, both full-time and part-time, in the appropriate job categories, listed by gender and race, color or national origin. Job Category Definitions Officials and Managers -- Occupations requiring administrative personnel who set broad policies, exercise overall responsibility for execution of these policies, and direct individual departments or special phases or segments of a firm's operations or subdepartments of a major department. Incumbents within this category ordinarily exercise authority to hire and terminate employees. This category would include system managers and assistant managers, program directors and assistant directors, office managers, budget officers, promotions managers, public affairs directors, chief engineers and those holding equivalent positions. Employees whose occupations fall within the Corporate Officers, General Manager, Chief Technician, Comptroller, General Sales Manager and Production Manager categories also should be listed under this category. Professionals -- Occupations requiring either college graduation or experience of such kind and amount as to provide a comparable background. Includes: accountants and auditors, editors, engineers, lawyers and labor relations specialists. This category would include persons engaged in the writing, preparation and reproduction of programming, writers and editors, producers and directors of programs, floor directors, announcers, singers, actors, music librarians and those in similar positions. Technicians -- Occupations requiring a combination of basic scientific knowledge and manual skill which can be obtained through about 2 years of post high school education, such as is offered in many technical institutes and junior colleges, or through equivalent on-the-job training. Includes: computer programmers and operators, engineering aides, junior engineers and electronic technicians. This category would also include strand mappers, audio and video engineers, camera technicians (live or film), film processors, light technicians, drafters and design personnel, electronic converter repair technicians (technicians who perform more than clear and recycle functions) and advertising sales production personnel. Sales -- Occupations engaging wholly or primarily in direct selling. This category would include advertising agents, cable service sales personnel (sales representatives), and individuals engaged in direct customer contact for the purposes of product and service promotion. This category includes employees who ordinarily are paid by commissions. Office and Clerical -- Includes all clerical-type work regardless of level of difficulty, where the activities are predominantly nonmanual though some manual work not directly involved with altering or transporting the products is included. Includes: bookkeepers, cashiers, collectors of bills and accounts, messengers and clerks, office machine operators, stenographers, typists and secretaries, telephone operators, kindred workers, and customer service representatives. Craft Workers (skilled) -- Manual workers of relatively high skill level having a thorough and comprehensive knowledge of the processes involved in their work. Exercise considerable independent judgment and usually receive an extensive period of training. Includes: hourly paid supervisors who are not members of management, mechanics and repair workers, electricians and motion picture projectionists, and splicers. Operatives (semi-skilled) -- Workers who operate machine or processing equipment or perform other factory-type duties of intermediate 1 skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices, operatives, truck and tractor drivers, welders, installers, line workers and trenching machine workers.
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Apprentices -- Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally considered an apprenticeship regardless of whether the program is registered with a Federal or State agency.
2
Laborers (unskilled) -- Workers in manual occupations which generally require no special training. Perform elementary duties that may be learned in a few days and require the application of little or no independent judgment. Includes: gardeners and groundskeepers, laborers performing lifting or digging, stage hands and kindred workers. Service Workers -- Workers in both protective and nonprotective service occupations. Includes: char workers and cleaners, elevator operators, guards and watch workers, janitors, and kindred workers. NOTE: A person who does more than one job is to be listed in the job category which represents the most frequently performed task by that person; a person is to be listed only once in this section. Specific job titles listed in the categories above are merely illustrative. The proper categorization of any employee depends on the kind and level of the employee's responsibilities. Minority Group Identification (a) Minority group information necessary for this section may be obtained either by visual surveys of the workforce, or from postemployment records as to the identity of employees. An employee may be included in the minority group to which he or she appears to belong, or is regarded in the community as belonging. (b) Since visual surveys are permitted, the fact that minority group identifications are not present on company records is not an excuse for failure to provide the data called for. (c) Conducting a visual survey and keeping post-employment records of the race or ethnic origin of employees is legal in all jurisdictions and under all Federal and State laws. State laws prohibiting inquiries and recordkeeping as to race, etc., relate only to applicants for jobs, not to employees. Race/Ethnic Categories (b & g) White, not of Hispanic Origin -- A person having origins in any of the original peoples of Europe, North Africa, or the Middle East. (c & h) Black, not of Hispanic Origin -- A person having origins in any of the black racial groups of Africa. (d & i) Hispanic -- A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race. (e & j) Asian or Pacific Islander -- A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent, or in the Pacific Islands. This area includes, for example, China, Japan, Korea, the Philippines and Samoa. (f & k) American Indian or Alaskan Native -- A person having origins in any of the original peoples of North America, and who maintain cultural identification through tribal affiliation or community recognition. Section VI Based on the same payroll period used for Section V, report all permanent, not temporary, employees both full-time and part-time, in the appropriate job sub-categories, listed by gender and race, color or national origin. Job Sub-Category Definitions Corporate Officers -- An employee who is responsible for setting broad policies for the overall operation of the company and who holds a corporate office as designated in the company's governing regulations (e.g., Articles of Incorporation, Articles of Partnership, By-Laws). Examples of positions falling within this category may include, Chairman of the Board, President and Vice-President. NOTE: A person whose responsibilities fall within the Corporate Officers category and one of the five succeeding job categories (i.e., Vice President and General Sales Manager) should normally be reported in one of the succeeding categories. A person should be reported in only one sub-category.
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General Manager -- An employee who exercises overall responsibility for an employment unit or system. Related title may include "systems manager." Chief Technician -- An employee who has overall responsibility for the system's technical operations. The incumbent ordinarily oversees technical budgets and expenditures, inventory control and fleet management. Individual ordinarily supervises technical personnel in the installation, service, maintenance and construction departments and/or studio. Category includes related titles such as "Technical Operations Manager," "Technical Manager," "Plant Manager," or "Chief Engineer." Comptroller -- An employee who manages the activities of the accounting department in the maintenance of the accounting book and other such records. General Sales Manager -- A senior sales or marketing employee who oversees the marketing functions of the system which may include telemarketing in addition to direct sales. Production Manager -- A senior employee responsible for advertising and/or production of local community programming. NOTE: A person is to be listed in the one category which represents the most frequently performed task by that person. Specific job titles listed in the categories above are merely illustrative. The proper categorization of any employee depends on the kind and level of the employee's responsibilities. Section VII Provide a list, by job title within each of the 15 job categories, of the employees reported in Sections V and VI. This list should include: the job title, the job category for each job title; the full or part-time status of each position; the gender of the employee holding the position; and the race or national origin of the employee holding the position. Job titles may be listed in any order. Job title data must be provided for all of the 15 job categories. Please list the full title of each position (e.g., Vice President and General Sales Manager). The total number of positions reported on this list should equal the total number of employees reported in Section V. Computer-generated lists may be submitted in lieu of the FCC-provided form. However, such lists must contain all of the information requested in these instructions. If you decide to submit a computer-generated list, use the FCC-provided form as a format reference. Section VIII Sign and date the form in the spaces provided. Also, print the name of the official signing as well as the title of that person. Return the original and one copy to the Commission by October 2. Retain a copy for your files. Supplemental Investigation Sheet (SIS) If required, attach as Exhibits D, E, and F the job descriptions requested in Part I, the responses to the questions checked in Part II, and the EEO public file report requested in Part III. FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT The FCC is authorized under the Communications Act of 1934, as amended, to collect the personal information we request in this report. We will use the information you provide to determine if the benefit requested is consistent with the public interest. If we believe there may be a violation or potential violation of a FCC statute, regulation, rule or order, your request may be referred to the Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your request may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party to a proceeding before the body or has an interest in the proceeding. In addition, all information provided in this form will be available for public inspection. If you owe a past due debt to the federal government, any information you provide may also be disclosed to the Department of Treasury Financial Management Service, other federal agencies and/or your employer to offset your salary, IRS tax refund or other payments to collect that debt. The FCC may also provide this information to these agencies through the matching of computer records when authorized. If you do not provide the information requested on this report, the report may be returned without action having been taken upon it or its processing may be delayed while a request is made to provide the missing information. Your response is required to obtain the requested authority. We have estimated that each response to this collection of information will vary from 10 minutes to 1 hour, 15 minutes. Our estimate includes the time to read the instructions, look through existing records, gather and maintain required data, and actually complete and review the form 4
or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0095/0574), Washington, D. C. 20554. We will also accept your comments via the Internet if you send them to [email protected]. 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. This collection has been assigned an OMB control number of 3060-0095/0574. THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31, 1974, 5 U.S.C. 552a(e)(3), AND THE PAPERWORK REDUCTION ACT OF 1980, P.L. 95-511, DECEMBER 11, 1980, 44 U.S.C. 3507
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Cable Television Annual Employment Report 2000 FCC FORM 395-A Submit the original and one copy by October 2 to: Federal Communications Commission Room 3-A625 Washington, D. C. 20554 SECTION I IDENTIFYING INFORMATION A. Name of Operator: MSO Name: B. Employment Unit's Mailing Address
City State Zip Code Approved by OMB 3060-0095
For FCC Use Only Emp. Unit ID # ____________ ( ) Supplemental Investigation Sheet (SIS) Attached
E.
Pay Period Covered by this Report (inclusive dates)
F. C. County and State in which unit's employment office is located D. Category of Respondent (check applicable box) ( ) Fewer than six (6) full-time employees during the selected payroll period: Complete Sections I, II and VIII Six (6) or more full-time employees during the selected payroll period: Complete ALL sections of the Form 395-A and the Supplemental Investigation Sheet, if attached
Attachments: (Check applicable boxes) Not Applicable ( ) ( ) ( ) ( ) ( ) ( ) Attached ( ) ( ) ( ) ( ) ( ) ( ) Exhibit - For: A-Section II B-Section III C-Section IV D-SIS-Job Descriptions E-SIS Narrative Responses F-SIS EEO Public File Report
( )
SECTION II COMMUNITY INFORMATION System Communities Comprising Local Employment Unit Ident No.
Name of Community Location (State) Type
Review the list of communities served on the previous year's submission and attach as Exhibit A any additions or deletions, using the format noted above.
Exhibit No. A
SECTION III
EEO POLICY AND PROGRAM REQUIREMENTS
Exhibit No. B
Check YES or NO to each of the following questions. If answer to any question below is NO, attach as EXHIBIT B an explanation. YES
( )
NO
( ) 1. Have you complied with the outreach provisions of the FCC's Cable Equal Employment Opportunity Rule, 47 C.F.R. Section 76.75(b) or (f), during the twelve month period prior to filing this form? Do you disseminate widely your EEO Program to job applicants, employees, and those with whom you regularly do business? Do you contact minority organizations, women's organizations, media, educational institutions, and other potential sources of minority and female applicants for referrals whenever job vacancies are available in your organization? Do you undertake to offer promotions to positions of greater responsibility in a nondiscriminatory manner? To the extent possible, do you seek out entrepreneurs in a nondiscriminatory manner and encourage them to conduct business with all parts of your organization? Do you analyze the results of your efforts to recruit, hire, promote, and use services in a nondiscriminatory manner and use these results to evaluate and improve your EEO program? Do you define the responsibility of each level of management to ensure a positive application and vigorous enforcement of your policy of equal employment opportunity and maintain a procedure to review and control managerial and supervisory performance? Do you conduct a continuing program to exclude every form of prejudice or discrimination based upon race, color, religion, national origin, age, or sex from your personnel policies and practices and working conditions? Do you conduct a continuing review of job structure and employment practices and maintain positive recruitment training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all organizational units, occupations, and levels of responsibility?
( ) ( )
( ) ( )
2. 3.
( ) ( )
( ) ( )
4. 5.
( )
( )
6.
( )
( )
7.
( )
( )
8.
( )
( )
9.
RECRUITMENT ELECTION - Please indicate which option the cable employment unit will utilize for the next 12 months: ( ) Supplemental Recuitment Measures (Option A) ADDITIONAL INFORMATION
Exhibit No. C
( )
Alternative Recruitment Option (Option B)
SECTION IV
You may provide as Exhibit C any additional information that you believe might be useful in evaluating your efforts to comply with the Commission's EEO provisions. There is no requirement to provide additional data or information.
SECTION V - EMPLOYEE DATA
Full-Time and Part-Time Paid Employee Data
MALE
TOTAL JOB CATEGORIES (b-k) WHITE (NOT HISPANIC) (b) BLACK (NOT HISPANIC) (c) HISPANIC ASIAN OR PACIFIC ISLANDER (e) AMERICAN INDIAN, ALASKAN NATIVE (f) WHITE (NOT HISPANIC) (g) BLACK (NOT HISPANIC) (h)
FEMALE
HISPANIC ASIAN OR PACIFIC ISLANDER (j) AMERICAN INDIAN, ALASKAN NATIVE (k)
(d)
(i)
1. 2. 3. 4. 5. 6. 7. 8. 9.
OFFICIALS & MANAGERS PROFESSIONALS
TECHNICIANS SALES WORKERS OFFICE & CLERICAL CRAFT WORKERS (SKILLED) OPERATIVES (SEMI-SKILLED) LABORERS (UNSKILLED) SERVICE WORKERS
10. TOTAL
SECTION VI - EMPLOYMENT DATA FOR UPPER-LEVEL JOB SUB-CATEGORIES Emp. Unit ID # _______________
MALE
TOTAL (b-k) (a) White (not Hispanic) (b) Black (not Hispanic) (c) Asian or Pacific Islander (e) American Indian, Alaskan Native (f) White (not Hispanic) (g) Black (not Hispanic) (h)
FEMALE
Asian or Pacific Islander (j) American Indian, Alaskan Native (k)
Hispanic
Hispanic
(d)
(i)
JOB SUB-CATEGORIES CORPORATE OFFICERS GENERAL MANAGER CHIEF TECHNICIAN COMPTROLLER
GENERAL SALES MANAGER PRODUCTION MANAGER
SECTION VII
JOB TITLE INFORMATION Emp. Unit ID # _____________ FULL-TIME OR PART-TIME STATUS
JOB TITLE
JOB CATEGORY
GENDER
RACE OR NATIONAL ORIGIN
SECTION VIII CERTIFICATION This report must be certified as follows: A. B. C. By the individual owning the reporting system if individually owned; By a partner, if a partnership; or By an officer, if a corporation or association.
I certify that to the best of my knowledge, information and belief, all statements contained in this report are true and correct.
Signed
Title
Date
Name of Respondent
Telephone No. (include area code)
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE (U.S. CODE, TITLE 47, SECTION 312(a)(1), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).