Cable: FCC Should Streamline Proposed Employee Data Collection

The cable industry is urging the FCC to simplify the proposed reinstatement of the collection of FCC Form 395-A, which concerns the workforce composition of multichannel video programming distributors (MVPDs). Smaller MVPDs especially lack resources for handling extensive regulatory requirements, ACA Connects said in docket 98-204 comments this week. It said the agency should let 395-A submissions be made through the Cable and Operations Licensing System, which would help minimize compliance costs. It also urged that mandatory 395-A submissions not occur until at least a year from the effective date of an order reinstating data collection. NCTA also suggested ways of reducing cable operator burden, such as requiring information be made available only through the FCC-hosted Online Public Information File, rather than also through MVPD local facilities or websites. NCTA said the FCC should opt for EEO-1 forms, which would provide substantially similar information, rather than 395-As. American Free Enterprise and the U.S. Chamber of Commerce said collecting and disclosing race, gender and ethnicity employee data "is intended to pressure MVPDs to discriminate in recruiting and hiring to bring their workforce composition in line with prevailing notions of 'diversity,'" They urged withdrawal of the proposed rule, saying that publishing the data to pursue increased representation of certain demographics at MVPDs goes against the Fifth Amendment.