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Diversity Groups Want EEO Rulemaking Within 6 Months

The FCC “must enforce the law by collecting and publishing equal employment opportunity data by broadcasters and cable operators,” in a rulemaking within the next six months, said joint supplementary comments posted Wednesday in docket 98-204 from diversity and public…

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interest groups including the National Urban League, the Multicultural Media, Telecom and Internet Council and the United Church of Christ Media Justice Ministry. The collection of the data was teed up by a Further NPRM voted by the agency in July 2021 (see 2107260059). “To avoid any hint of the constitutional questions” raised by broadcast commenters on the FNPRM, the agency should rule that statistical EEO reports alone can’t be used to initiate an inquiry into a licensee’s EEO compliance,” the groups said. The agency needs to act soon so OMB can approve the data collection within one year, allowing data collection by the end of 2023 and results by mid-2024. The groups want the data to be collected in a public digital portal that can also be used to show results by company and on regional and state by state bases. Many other federal agencies collect similar data from companies, and the FCC collection could stimulate research and create more industry transparency, the groups said. The FCC should also move to adopt a series of diversity proposals long requested by MMTC, the groups said. Those proposals include creating a civil rights section of the Enforcement Bureau and more extensive EEO enforcement and requiring certifications that job postings at FCC licensees preceded hiring decisions. The agency “has fallen far behind standard industry practices and is depriving itself and the public of the most basic and least regulatory tools” to ensure equity and diversity in the communications workforce, the groups said.