Office of Communications, Inc.

UCC Media Justice Update

Trump FCC Affirms Operating Blind for 15 Years on Equal Employment Opportunity

Today the Trump FCC refused to comply with the law. The Communications Act requires the FCC to collect broadcasting and cable equal employment opportunity (EEO) data. While the Bush FCC voted to collect that data in 2004 under then-Chairman Michael Powell, the FCC's leadership has ignored its statutory obligation for 15 years and reaffirmed that refusal at today's open meeting.

The Leadership Conference on Civil and Human Rights raised this concern with the FCC last summer when the FCC expended resources to eliminate an inconsequential form while ignoring its must more important legal obligation to collect EEO hiring data. 

 

Commissioners Starks and Rosenworcel raised this question with Chairman Pai this week. Mr. Pai refused to take action to collect the data even though the data collection form is approved and ready to go and one minor open issue has been ready for a decision for 15 years. We are particularly grateful to Commissioners Starks and Rosenworcel for raising these important civil rights issues which were ignored in the draft of the order that was originally released by the FCC.

 

UCC OC Inc. has a special connection to this question. In 1967, Dr. Everett Parker, OC Inc.'s founder, petitioned the Federal Communications Commission to adopt pro-active equal employment opportunity (EEO) rules. The following year, after a significant public outcry and the 1968 Kerner Commission report highlighting the negative impact of media coverage which ignored people of color, the Commission adopted those rules. They stood at the forefront of a series of FCC and EEOC efforts which revolutionized EEO obligations and practices throughout the media and telecommunications industry. In 1992, Congress institutionalized these rules into law.

 

While the FCC paused its data collection in 2002 and 2003 after two problematic court decisions, the Bush FCC affirmed in 2004 that collection of statistical data had no constitutional implications and were not barred by those court decisions. The Commission has only one final loose end to wrap up (on the appropriate confidentiality treatment of EEO data) in order to collect EEO statistics.

 

Without data about who is being hired, the FCC and the public have no idea whether the recruitment rules and efforts are working. Today many Silicon Valley companies voluntarily release employment statistics as a form of holding themselves accountable. There is no excuse that broadcasting, which uses public airwaves to operate, does not face the same accountability.

 

The FCC has been failing to collect and use the data about who owns television and radio stations and today has seemingly committed to completely ignoring who works in television and radio. Chairman Pai just created a new Office of Economics and Analytics, but is not collecting the data his agency is required to collect. 


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