Posted on January 12, 2012 by David Oxenford

More EEO Fines on Their Way - And Helpful Hints on EEO Compliance From the FCC's EEO Webinar

Last week, I participated in an FCC-sponsored webinar to discuss its EEO rules.  Along with two other private firm lawyers, the chief of the FCC's Office that administers its EEO rules and one of his senior staff members participated on a panel to discuss the legal obligations of broadcasters and MVPDs in meeting the EEO rules.  The panel, which lasted almost two hours, was a very thorough discussion of the requirements of the FCC rules.  It provided insight into how the FCC identifies problems, and even suggested some ideas as to how broadcasters can assure compliance with the requirements in the easiest way possible.  While lengthy, the webinar, which is archived on the FCC's website, is worth viewing to get a very good summary of the FCC rules.  If a station or MVPD has its management employees and others with hiring responsibility sit down and watch the video, and use it as part of a training program for management employees on EEO matters, it may even count as one of the non-job specific supplemental outreach initiatives that the FCC requires each entity subject to the EEO rules to conduct.

We wrote last week about a recent set of FCC fines to two broadcasters that had not widely disseminated information about all of their job openings - relying instead on only a combination of internal sources (word-of-mouth, station websites, intra-company referrals) and Internet websites for their outreach efforts for a substantial number of job openings.  At the webinar, the FCC officials said that there were a number of other enforcement actions in the pipeline that should be public soon.  The FCC is reviewing every license renewal application that is filed with the FCC to determine if its accompanying Form 396 provides information necessary to demonstrate compliance with the three prongs of the FCC's EEO program - wide dissemination for all job openings, notice of job openings to community groups that request such notice, and non-vacancy specific initiatives that are designed to educate a community about the nature and requirements of broadcast jobs.  Stations are also reviewed when the FCC conducts random audits (5% of all stations and MVPDs are supposed to be audited annually) and when complaints or other information comes to the attention of the FCC staff.  Staff members remarked that they have even called stations to discuss issues when visiting a station website for personal reasons and noting the absence of the most recent Annual EEO Public File Report that needs to be posted on a station website on the anniversary date of the filing of the license renewal applications for stations in the state of the station's city of license. 

While there was discussion about the Internet issue, and whether, in today's world, the Internet had become the one easy way to reach all groups within a community (replacing the large daily newspaper whose classified ads the FCC used to look at as the safe harbor for broadcasters to use for their wide dissemination of information about job openings), the FCC staff indicated that there was no movement within the Commission currently on the horizon to change their current position.  However, the FCC staff members offered a willingness to reevaluate the issue if they were presented with information about the pervasiveness of online job searching.  In the interim, broadcasters need to reach out to all the significant community groups in their area with information about job openings using these more traditional sources, like the local newspaper and direct outreach to community groups through direct emails or letters.  All the panelists agreed that making at least some personal contact with outreach groups - including local colleges and trade schools, minority and community organizations, employment agencies and others - helps to make the outreach effort more effective.

We also discussed the "internal promotion" exception to the wide dissemination requirement.  If a station wants to promote a current full-time employee, no recruitment is necessary (the assumption being that if, for instance, a sales person is promoted to sales manager, there would be an opening for a new sales person, and recruiting for that open position would take place).  Promoting a part-time or temporary employee to a full-time position can take advantage of this internal promotions exception, if the part-timer or temp was hired using wide-dissemination.  While there is an old proceeding outstanding about whether or not to extend the wide-dissemination requirements to part-time hiring, at this point the FCC staffers indicated that no decision was imminent.  But, obviously, using outreach efforts to fill part-time positions is advantageous so a part-timer can be promoted to full-time without the outreach efforts if they prove to be a valuable employee.

There was also much discussion about the non-vacancy specific employment initiatives, or supplemental efforts, that stations need to conduct to comply with the FCC rules.  These supplemental efforts are conducted by all broadcast employment units with five or more full-time employees, whether or not the station has any job openings.  The idea is that stations help to educate the public about the types of jobs available at a station, the qualifications for those jobs, how to find out about those jobs.  Also counted are programs to train existing employees to acquire new job skills.  The FCC staffers on the panel seem to take an expansive view of these efforts - evidencing a willingness to count any meaningful activity where station employees take on this educational role.  Credits or partial credits can be obtained for employees speaking at schools, for station visits by boy scout troops, for station promotional efforts in the community where some information is provided to attendees at the event about broadcast employment issues, and (in some instances) for training of existing station employees.  Internships have always been a staple of meeting these supplemental efforts requirement and, as the efforts are judged on a two year period, the FCC staff saw nothing wrong for claiming credit for two separate internship programs where there was recruitment at different times.  In other words, if you have an intern in the fall semester, and then recruit at a school for an intern who you host in the spring semester, the FCC staff seemed open to counting this for two credits.  But, as I warn broadcasters at all EEO seminars that I do, overachieve on these initiatives, as we have yet to see any cases where the FCC formally interprets what does and does not count in connection with these programs.

Documentation and self-assessment were also discussed.  The FCC, in virtually every case where there has been an EEO fine, has also assessed a fine for failure to self-assess the EEO program.  Self-assessment is written into the rules, so stations should be meaningfully reviewing their programs to make sure that they are being properly conducted, all of the required records are being kept, and that the programs are actually producing interviewees from recruiting sources outside of the traditional, in-house sources which the FCC felt that broadcasters in the past relied on too heavily. 

These are but some of the issues tackled during this program, and just some of the issues to be considered in evaluating your EEO program.  For more information about EEO compliance issues, look at some of past articles on this issue, and check out some of our other advisories on the subject.  Our Guide to the FCC's EEO Rules is available here.  Our most recent advisory about the requirements for the annual public inspection file report is available here.  And slides from a recent presentation that I did about these rules for a state broadcast association are available here. 
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Posted on November 17, 2011 by David Oxenford

FCC Continues EEO Audits, This Time Just For Cable Systems - A Reminder for All to Keep Up EEO Compliance and Paperwork

The FCC has just announced another of its regular EEO audits, though this time its just for cable systems (see the FCC Public Notice and list of affected systems here).  The FCC will audit 5% of all broadcasters and cable companies each year to assess their EEO compliance, so be prepared in case you are next.  Broadcasters were last audited in August (radio stations only), so expect another group to be required to submit their information for scrutiny in the not too distant future.  Our Advisory on complying with the EEO obligations of broadcasters is available here.

This audit also serves to remind broadcasters of their obligation to annually prepare and file an EEO Public File Report, detailing information about hires made and employment recruiting sources used in the prior year, as well as on the "supplemental efforts" that they have engaged in to educate their communities about opportunities in broadcast employment.  Station employment units in Alabama, Colorado, Connecticut, Georgia, Massachusetts, Maine, Minnesota, Montana, New Hampshire, North Dakota, Rhode Island, South Dakota and Vermont need to have their reports in their public file, and on their website, by December 1. For more information about that requirement, see our Advisory on the EEO Public File Report here.

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Posted on August 2, 2011 by David Oxenford

Another EEO Audit Announced By the FCC - Radio Stations Only

Another EEO audit was announced by the FCC today - hitting about 100 radio stations this time around. The Commission has pledged to audit 5% of all broadcast stations and cable systems each year to assure their compliance with the Commission's EEO rules - requiring wide dissemination of information about job openings and supplemental efforts to educate their communities about job opportunities in the media industry.  Today's Public Notice announcing the audit is here.  The list of stations subject to the audit is here.  The form of the audit letter is available here.  Responses from the audited stations are due by September 12.

All stations should review the audit letter as it provides a good outline of the documents that stations should be retaining to demonstrate their compliance with the FCC's EEO rules.  For more information about compliance with the EEO rules, see our advisory on the basics of the EEO rules, here, and our most recent advisory on the requirements for the annual EEO public inspection file report, here.

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Posted on March 31, 2011 by David Oxenford

Another Round of Radio and TV EEO Audits Announced - Emphasis on Annual Public File Being on Your Website

The FCC has announced another round of EEO audits - looking at the compliance with the FCC's EEO rules and policies of several hundred radio and TV stations across the country.  Those stations selected for the audit (see the list here) must provide the FCC with the last two year's public inspection file reports, plus all records maintained by the selected stations that back up the data reported in the annual reports.  The full list of the documents that must be produced is contained in the FCC's letter that went out to stations who were selected (a copy of that letter is available here).  In the FCC's Public Notice  announcing the audit, the FCC emphasized that stations need to post the most recent EEO public file report on their websites, and this requirement was also included in the audit letter.  The FCC emphasized that station's who do not meet this obligation (which the FCC can check from their desks in Washington) are subject to fines.  Responses to the audits are due by May 9, 2011.

EEO is again important to the FCC.  We wrote about the recent reminders about the advertising nondiscrimination clauses that broadcasters must include in their advertising contracts.  Broadcasters will also need to report on their EEO compliance at license renewal time - and license renewals are coming up for all stations across the country in the next 4 years - beginning with radio stations in Maryland, DC, Virginia and West Virginia in June (see our advisory on Preparing for the License Renewal, here).  And, as we reported in December, the FCC has been fining stations for less than complete EEO efforts.  So be prepared.  For further information about a licensee's EEO obligations, see our advisory setting out the basics of the FCC's EEO rules and our most recent advisory on the requirements for the annual EEO public inspection file report. 

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Posted on January 21, 2011 by David Oxenford

EEO Public File Reports Due By February 1 For Broadcasters in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma - David Oxenford Conducts Webinar to Refresh Kansas Broadcasters on Their EEO Obligations

February 1 is the deadline by which broadcast stations in Arkansas, Kansas, Louisiana, Mississippi, Nebraska, New Jersey, New York, and Oklahoma must place into their Public Inspection files their Annual EEO Public Inspection File Report.  The report must also be available on these stations' websites, if they have such sites.  The Annual EEO Public Inspection File Report provides information about the full-time jobs filled at the station in the previous year; the sources used by the station to recruit potential employees to fill the open positions; and the additional "supplemental efforts" conducted by the station, whether or not they had any employment openings, to educate and inform their communities about broadcast employment.   This obligation extends to all "station employment units" (groups of commonly controlled stations, serving a common geographical area, with at least one common employee) with 5 or more full-time employees (a full-time employee, for FCC purposes, being one working 30 or more hours per week).  Our firm's Advisory detailing the requirements for this report can be found here, with a model for the report at Appendix A of that advisory.  More information about Broadcasters' EEO obligations generally can be found in our Primer on the FCC's EEO Rules, here.

Yesterday, I conducted a webinar for the Kansas Association of Broadcasters to provide a refresher on broadcasters' EEO obligations under FCC rules, regulations and policies.  The slides used in that presentation can be viewed here.  With the next cycle of license renewal applications beginning later this year, stations need to be especially vigilant about EEO obligations to avoid scrutiny at renewal time, which could delay the processing of renewal applications (and potentially of any sale that might be underway at that time, see our post here) and possibly lead to fines or other penalties.    Radio stations in Arkansas, Louisiana and Mississippi will file renewals on February 1, 2012;  radio stations in Kansas, Oklahoma and Nebraska will file their renewals on February 1, 2013; and those in New York and New Jersey will file by February 1, 2014.  TV stations will file one year later than radio stations located in their states.  As two years worth of public inspection file reports must be submitted with the license renewal applications, the hiring process used this year will be scrutinized by the FCC during the renewal process for stations in most of these states.  So make sure that you are following the rules, and documenting your EEO efforts for the FCC to avoid renewal-time problems. 

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Posted on December 1, 2010 by David Oxenford

FCC Initiates New Round of EEO Audits - And David Oxenford Conducts EEO Webinar for Texas Association of Broadcasters

I conducted a webinar on the FCC's EEO rules for the Texas Association of Broadcasters on November 30, 2010.  In conducting the webinar, I reminded broadcasters of the many ways that their EEO compliance can be monitored by the FCC - either through EEO random audits, through mid-term EEO Reports on FCC Form 397 (which were filed by Texas TV stations this past April), or through the filings that are made at license renewal time (which comes up in April 2013 for Texas radio, and April 2014 for Texas TV).  In discussing the FCC's EEO audit process, I mentioned that we were about due for another round of EEO audits from the FCC.  And sure enough, the FCC today gave notice of a new round of audits - though this time limited to Multichannel video programming distributors (MVPDs), principally cable systems.   A list of the systems to be audited in this round of EEO audits can be found in the FCC's Public Notice about the audit, here.

The PowerPoint presentation from the TAB webinar is available here.  For more detailed information about the FCC's EEO policies for broadcasters, you can review the Davis Wright Tremaine's Guide to the Basics of The FCC's EEO Rules.  For details of the annual EEO public inspection file report, which, by April 1 of each year, stations in Texas need to place in their public inspection files and post on their websites, see our most recent EEO Public Inspection File Report advisory for stations in New England, Georgia, Alabama, Minnesota, Montana and the Dakotas, which have public file reports due to be placed in their public files today. 

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Posted on October 29, 2010 by David Oxenford

EEO Review, Public File Issues, Contest Rules, and License Renewal DIscussed in Seminars at Joint Convention of Oregon and Washington State Broadcast Associations

The nuts and bolts of legal issues for broadcasters were highlighted in two sessions in which I participated at last week's joint convention of the Oregon and Washington State Broadcasters Associations, held in Stephenson, Washington, on the Columbia River that divides the two states.  Initially, I conducted a seminar for broadcasters providing a refresher on their EEO recruiting obligations set out under FCC rules.  With some public interest groups calling for stricter enforcement of a broadcaster's EEO obligations, and with the license renewals for Oregon and Washington State radio broadcasters coming up in 2013 (with TV the next year), broadcasters cannot slack off on these important obligations to widely disseminate information about job openings and to educate their communities about broadcast employment issues as required by the FCC rules.  Slides from my PowerPoint presentation on a broadcaster's EEO obligations are available here.  Broadcasters looking for more information on EEO obligations can review the Davis Wright Tremaine Guide to the EEO rules, here, and our most recent reminder about the obligations for the annual EEO public inspection file report, here.

At a second session, we discussed the variety of legal issues facing broadcasters in the current environment.  Many of the same issues discussed in this session were also discussed in my Top Ten List of Legal Issues to Keep Broadcasters Awake at Night, details of which can be found here.  Some specific questions were raised during the Oregon-Washington session include questions about the FCC rules covering contests that stations conduct, and the rules that apply to such contests.  See our blog post on some of those issues here and here.  The obligations for the public file of broadcasters are also set out in our advisory, here.  Another issue that broadcasters should remember is the new obligation for their advertising contracts to include terms that state that advertising is not sold for any discriminatory purpose, to avoid no-urban, no Spanish dictates (see our post here for details).  As we wrote recently in connection with fines issued to a couple of stations for multiple day-to-day violations of the FCC rules, the attention to these details now will avoid major financial headaches for broadcasters later, and potentially long-term issues at license renewal time as well. 

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Posted on August 24, 2010 by David Oxenford

FCC License Renewal Application Cycle Begins in Less Than A Year - What Stations Should Be Doing to Get Ready

Are you ready to file your next license renewal application?  It seems like the last license renewal cycle just ended (in fact, the last cycle is not over, as evidenced by the fact that the FCC in the last week has released several decisions dealing with late-filed renewals from the last cycle, and many TV stations still have license renewals that have not been granted due to pending indecency issues).  Nevertheless, a whole new cycle of Form 303 license renewal applications will soon be upon us - beginning in less than a year. The cycle begins with radio stations in Virginia, West Virginia, Maryland and the District of Columbia, who are due to file their license renewal applications on June 1, 2011.  Then, every two months thereafter, stations in another group of states files applications, until April 1, 2014 when radio stations in Pennsylvania and Delaware bring the radio renewal cycle to a close.  Television station renewal applications will be due on a state-by-state basis beginning one year later - starting with TVs in DC and the same three states in 2012.  A schedule for the radio renewal filings is available here.  With these deadlines almost upon us, what should stations be doing now to get ready? 

In the last renewal cycle, the biggest source of problems dealt with public file issues.  Remember, stations need to certify in their renewal applications that their public file is complete and accurate and, if it is not, to specify areas where there are deficiencies.  In the last cycle, many stations in particular had issues with Quarterly Programs Issues Lists that were missing from the files, in many cases incurring fines of $10,000 or more where there were many such reports missing from the files.  These reports are also very important, as they are the only required official records to demonstrate the programming that a station broadcast to serve the public interest needs of its service area.  If that service is ever challenged, you will need the reports to demonstrate how your station's programming met the needs and interests of your city of license and the surrounding area.  Check out our last advisory on the Quarterly Programs Issues Lists, here.

Mandatory EEO filings are another source of documentation that can cause issues for stations.  Stations should have their EEO Annual Public File Reports in their public inspection file for every year of this renewal term, and should have their most recent Annual Report posted on their website (if they have a site).  For television stations with 5 or more employees, and for radio employment units with more than 10 employees, you should have also filed a Form 397 Mid-Term EEO Report with the FCC at the mid-point of your license term (all but TV stations in the last few renewal windows should have already filed that report).  Details of your EEO obligations (including the slides from a recent presentation summarizing the EEO rules), and links to various EEO advisories that our firm has published, are available here.

Recent FCC Form 323 ownership reports should also be in the public file.  Our reminder on the ownership reports that all commercial stations should have filed at the beginning of July can be found here.  Noncommercial stations need to remain alert to their mandatory biennial reports, which are due every two years, computed from the date on which your state's license renewal application should have been filed.

There are other issues that come up in connection with the broadcast public inspection file.  For our Davis Wright Tremaine advisory on the Basics of the Public Inspection file for Commercial Broadcasters, setting out all of the documents that are required for inclusion in the public file, you can go here.

Now is the time for stations to review other compliance issues.  RF radiation issues are considered at renewal time so, especially if there have been changes at your transmitter site since the last renewal, check to be sure that you are in compliance with all limits there.

Check your licenses to make sure that all of your operating facilities are authorized.  Make sure that stations have licenses for all STLs, remote pick-ups and other auxiliary facilities, and that (especially if there has been a recent sale of your station) all such licenses are now listed in the current licensee's name.  Make sure that the FCC has the correct mailing address for your station on file, so that any notices go to the correct place.

Also remember that, for the first time this year, the license renewal application is supposed to have a certification that stations are not discriminating in the sale of advertising time. We have written about this requirement before (see our posts here and here).  This requirement is one on which the FCC has never provided much guidance.  The Commission has said that station advertising contracts should have certifications that state that advertisers are not making their buying decisions for discriminatory purposes, an example of such a certification we provided here.  But consult with your attorneys to make sure that you are ready for this new license renewal question.

This is a good time for stations to make sure that their operations are in good order in all respects.  Correct issues that might exist, so that you don't need to scramble to do so when the license renewal is due.  And make sure that your stations are serving their communities, and doing their best to address any criticisms that may be coming their way from their listeners.  At renewal time, you want friends who will verify how well your station serves your community, not enemies who may be ready to complain to the FCC about your performance.  Stations should obviously be doing this at all times but, with the renewal season soon to be upon us, be sure that these efforts are not put in the "to do" pile, but are instead action items for immediate attention.   Your license renewal application will be due sooner than you think, no matter whether your station is in Virginia and filing next year, or in Pennsylvania where that four year delay can pass very quickly.  Be ready. 
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Posted on February 21, 2010 by David Oxenford

David Oxenford Conducts Seminar for Utah Broadcasters on Political Broadcasting, FCC EEO Rules and Other Legal Issues Facing Radio and Television Broadcasters

On February, 18, 2010, David Oxenford conducted a seminar for the Utah Broadcasters Association on legal issues that affect radio and television broadcasters.  First, David summarized the various broadcasting legal and policy issues pending before the FCC and Congress.  David's PowerPoint presentation is available here.  Broadcasters interested in Washington issues that may affect them this year may also want to read our blog post from early January where we presented our legal predictions for 2010.

David then conducted a refresher course on political broadcasting issues that may arise in this election year.  His PowerPoint on political issues for broadcasters can be viewed here.  Broadcasters wanting more information on the FCC's political broadcasting rules and policies should review the Davis Wright Tremaine Political Broadcasting Guide.  A discussion of the issues for broadcasters raised by the recent Citizen's United case is available here.

Finally, David discussed recent developments in enforcement of the FCC's EEO policies.  The PowerPoint used in this session can be seen here .  Our Advisory on EEO rules and policies is available here, with forms and recordkeeping suggestions attached to that memo.  Our most recent EEO Public Inspection File Report advisory, with a model report attached, is available here.  Finally, our description of one of the recent FCC fines for noncompliance with the EEO policies is available here. 

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Posted on January 13, 2010 by David Oxenford

Broadcaster Calendar for 2010 - Important Regulatory Dates to Remember

Each year poses a new set of regulatory deadlines, and to help you remember all of those deadlines, the Davis Wright Tremaine Broadcast Group has prepared a calendar setting out the dates that broadcasters need to remember in 2010.  The calendar can be found here, and sets out FCC imposed deadlines for, among other things, Ownership Report filings (for noncommercial stations for now, until the status of the Form 323 for commercial stations is resolved), for quarterly issues programs lists, for EEO public file and Mid-Term reports, and for children's TV reports.   The calendar also provides reminders about the dates of SoundExchange filings and payment obligations, and for the political windows during which lowest unit rates apply for the Federal elections to be held in 2010 (for the House of Representatives in all states, and for the Senate in over a third of the states).  Lots of dates to remember - so check out the DWT Broadcasters Calendar.

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Posted on August 13, 2009 by David Oxenford

FCC Announces New Round of EEO Audits for Radio Stations; Reminds Broadcsters of Requirement to Post Annual EEO Public File Report on Station Website, and Cable Companies of Obligation to File EEO Program Annual Report

The FCC yesterday issued another in its series of EEO random audit notices, asking that approximately 170 radio stations nationwide provide information about their hiring practices.  Information requested includes the last two years worth of broadcast EEO Public File reports, plus more complete documentation of the efforts outlined in the Public File reports and demonstrating that the information provided in the annual report was really conducted and accurately reported.  In addition, the FCC asks that a station provide an explanation if their most recent EEO public fie report cannot be found on the Station's website.  The FCC's Public Notice about this audit, which lists the stations that must respond, can be found here.  That Public Notice also reminds broadcasters of the obligation to post the EEO public file report on the station's website, perhaps indicating that the FCC has been investigating and has found instances where this is not being done.  Responses to the audit must be filed by September 21.  A form of the EEO audit letter is available here. 

On the same day as the FCC issued this audit for radio stations, it issued a Public Notice to remind Multi-Channel Video Programming Distributors (MVPDs) with six or more full-time employees, including cable systems, of their obligation to file by September 30 their Annual EEO Program Reports on FCC Form 396-C .  This form is to be filed through the FCC's electronic filing system.  This notice also reminds certain cable systems of the need to submit supplemental information about their hiring efforts to the FCC. 

Even though only 170 radio stations were hit by this audit notice, the audit reaches much further, as the reports must be prepared on the basis of station employment units - all the stations serving a common area with at least one common employee.  For every station hit, there may be many other stations in the same cluster that will also need to provide information.  These audits are continuing - the last being issued only a few months ago.  So be prepared.  Even if your station was not on this audit list, it might be on the next one.

The two reminders issued by the FCC yesterday may highlight a renewed emphasis on EEO by the new administration - so make sure that your hiring practices meet FCC requirements.  Our memo setting out the basics of the FCC's EEO obligations for broadcasters can be found here.  Our most recent reminder about the EEO Annual Public file report, due to be in the public file and on the website of stations on the anniversary of the filing of the license renewal in the state in which the station is licensed, can be found here. 
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Posted on July 5, 2009 by David Oxenford

On-line Recruitment Not Sufficient EEO Outreach for the FCC

In three cases released last week, the FCC made clear that its EEO rules, requiring wide dissemination of information about job opportunities at broadcast stations (and cable systems), are not satisfied by solely posting of information about openings on websites.  Instead, the Commission required that additional outreach efforts be undertaken in order to assure that the notice of the job opening reaches all groups within a  community.  The decisions pointed to the FCC's 2003 Report and Order adopting the current rules which stated that the FCC did not feel that the Internet was sufficiently ubiquitous that they could feel comfortable with on-line postings being sufficient to reach all groups within a community.  In the recent decisions, the FCC staff said that they were not ready to change the determination of the 2003 Commission.

What does this mean on a practical level?  The decisions hold that simply using internal station sources plus on-line postings (in one case website postings plus some combination of walk-ins, industry referrals, and internal postings; in another case  the use of the station's website, plus employee referrals) were insufficient to assure wide dissemination.  To avoid getting caught in this trap, broadcasters must use some other traditional outreach services (e.g. employment agencies, community groups, educational institutions, and the local newspapers) to assure that they meet the Commission's wide dissemination requirements. 

On a more theoretical level, one wonders whether the Commission ought to reexamine this policy.  In the 2003 Order, the FCC assumed that the principal daily newspaper in a community would reach all groups in that community.  Query whether that makes sense 6 years later, especially when some communities (like Detroit) no longer even have a daily paper.  In the 6 years since that decision, the FCC has never addressed the Petitions for Reconsideration that were filed requesting a reexamination of that determination.  In these days where Craigslist and Monster.com have replaced the traditional newspaper classified ads as the place to go for job information in many cities, the FCC should look more closely at its policies.

The decisions also demonstrate that even large broadcasters are not immune from problems in meeting their EEO recruiting obligations.  The fines were all imposed against clusters of local stations owned by large broadcast group owners.  In one of the cases, the local cluster had not put its annual EEO public inspection file report on its website, as required by the rules (a failing which the FCC could, and did, check from its offices in Washington).  In another, the group did not keep adequate records of the wide dissemination that it engaged in, and did not notify community groups that had asked to be notified about station job openings (a notification required by the rules). 

Many of these issues were discovered by EEO audits, which the FCC continues to conduct (the last one occurring just months ago).  Thus, stations need to be alert for these issues, and avoid the potential fines that they can bring - at least until the FCC revisits its policies on these issues.  
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