PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Fax-On-Demand 202 / 418-2830 TTY 202 / 418-2555 Internet: http://www.fcc.gov ftp.fcc.gov DA 13-2072 Released: October 25, 2013 FCC CONTINUES EEO AUDITS On October 23, 2013, the Federal Communications Commission mailed the third set of its Equal Employment Opportunity (EEO) audit letters for 2013. This mailing was sent to randomly selected multi-channel video programming distributors (MVPDs). In accordance with the provisions of Sections 73.2080(f)(4) and 76.77(d) of the Commission’s Rules, 47 C.F.R. §§ 73.2080(f)(4), 76.77(d), the FCC annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately five percent of all broadcast stations and MVPDs are selected for these random EEO audits. By Public Notice DA 13-301, released February 28, 2013, and Public Notice DA 13-1443, released June 28, 2013, the Media Bureau announced its mailing of similar audit letters to the broadcast stations listed in the attachments to those Public Notices. A list of the MVPD units to which these October 3, 2013 audit letters were sent is attached, along with a copy of the audit letter. Media Bureau Contact: EEO Staff at 202-418-1450. Employment Unit ID MSO/OPR Name County State 599970 Ace Telephone Association Houston MN 291 Advance Newhouse Partnership LLC Kern CA 11808 Atlantic Broadband Queen Anne MD 7419 Atlantic Telephone Membership Corp. Brunswick NC 10857 Cable One, Inc. Twin Falls ID 12310 Charter Communications Fairfield CT 12365 Charter Communications Olmsted MN 12378 Charter Communications Butte CA 12465 Charter Communications Los Angeles CA 12481 Charter Communications Gwinnett GA 12517 Charter Communications Genesee MI 12575 Charter Communications Pettis MO 12629 Charter Communications Greenville SC 12643 Charter Communications Putnam TN 12671 Charter Communications Clark WA 243 Comcast Cable Communications, LLC Hinds MS 1550 Comcast Cable Communications, LLC Lancaster PA 7314 Comcast Cable Communications, LLC Wayne MI 9778 Comcast Cable Communications, LLC Hartford CT 11545 Comcast Cable Communications, LLC Cook IL 11550 Comcast Cable Communications, LLC New Castle DE 11579 Comcast Cable Communications, LLC Hartford CT 11609 Comcast Cable Communications, LLC Miami Dade FL 11630 Comcast Cable Communications, LLC Kent DE 11954 Comcast Cable Communications, LLC Washtenow MI 407 Cox Communications, Inc. Santa Barbara CA 6445 Cox Communications, Inc. Kent RI 122231 EPB Fiber Optics Hamilton TN 382010 Fibernet Monticello Wright MN 716312 Knology, Inc. Richmond GA 11379 Mediacom Communications Corporation Marshall KY 11399 Mediacom Communications Corporation Greene MO 11492 Mediacom Communications Corporation Dougherty GA 12135 Mid Coast Cablevision, LP Wharton TX 5604 Northland Communications Corporation Bonner ID 12763 Pencor Services, Inc. Wyoming PA 11984 Suddenlink Communications Pope AR 12061 Suddenlink Communications Midland TX 12200 Suddenlink Communications Evangeline LA 12215 Suddenlink Communications Smith TX 12286 Telecommunications Management, LLC Dunklin MO 589 Time Warner Monroe NY 1811 Time Warner Outagamie WI 4270 Time Warner Erie PA 7532 Time Warner Mecklenburg NC 12093 Wideopenwest Networks, LLC Cook IL 12265 Windjammer Communications LLC Anderson TX 10692 Wire Tele-View Corporation Schuylkill PA 12220 Zito Media, L.P. Potter PA October 23, 2013 Dear Manager: 1. In accordance with the provisions of 47 C.F.R. § 76.77(d) of the Commission’s Equal Employment Opportunity (“EEO”) rules, your employment unit has been randomly selected for an audit of its EEO program. (A copy of 47 C.F.R. § 76.77 and the other rules referred to in this letter are enclosed for your reference.) 2. If the unit is not required under our rules to have an EEO recruitment program due to the size of its full-time workforce (having fewer than six full-time employees, defined as employees regularly assigned to work 30 hours a week or more), you still must respond to this audit letter. In your response, however, you must provide only a list of the unit’s full-time employees, identified only by job title (no names should be provided) and the number of hours each is regularly assigned to work per week, and a response to question 3(e) below. 3. Audit Data Requested. If the unit employs six or more full-time employees (as defined above), provide the following information in your response to this letter, including an explanation regarding any requested information that you are unable to provide: (a) The employment unit’s most recent EEO program information, described in 47 C.F.R. § 76.1702(b), which should have been placed in the unit’s public file by October 1, 2013. If the unit has a website, provide its web address. If the unit’s most recent (2012) EEO public file report is not included on or linked to by the website, in violation of 47 C.F.R. § 76.1702(b), provide an explanation of why the report is not so posted or linked to. If the unit does not have its own website, but its corporate site contains a link to a site pertaining to the unit, then the unit's most recent EEO public file report must be linked to either the unit's site or the general corporate site, pursuant to 47 C.F.R. § 76.1702(b). (b) For each full-time position filled during the period covered by the above EEO program information, or since your acquisition of the unit, if after that period, dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications announcing the position, as described in 47 C.F.R. § 76.75(c)(3). Include copies of all job announcements sent to any organization (identified separately from other sources) that has notified the unit that it wants to be notified of unit job openings, as described in 47 C.F.R. § 76.75(b)(1)(ii). Also include the date that each position was filled and the recruitment source that referred the hiree, as described in 47 C.F.R. § 76.75(c)(6). (c) In accordance with 47 C.F.R. § 76.75(c)(5), the total number of interviewees for each vacancy and the referral source for each interviewee for all full-time unit vacancies filled during the period covered by the above-noted EEO program information. (d) Documentation demonstrating performance of unit recruitment initiatives described in 47 C.F.R. § 76.75(b)(2) during the time period covered by the above-noted EEO program information, such as participation at job fairs, engaging in mentoring programs, and providing training for staff. Specify the unit personnel involved in each such recruitment initiative. Also, provide the total number of full-time employees of the unit and state whether the population of the market in which the unit is located is 250,000 or more. Based upon these two factors, determine and state whether the unit is required to perform one or two initiatives within a 12-month period, pursuant to 47 C.F.R. § 76.75(b)(2). (e) Disclose any pending or resolved complaints involving the unit filed during the past five years before any body having competent jurisdiction under federal, state, territorial or local law, alleging unlawful discrimination in the employment practices of the unit on the basis of race, color, religion, national origin, age, or sex. For each such complaint, provide: (1) a brief description of the allegations and issues involved; (2) the name(s) of the complainant and other persons involved; (3) the date of the complaint’s filing; (4) the court or agency before which it is pending or was resolved; (5) the file or case number; and (6) the disposition and date thereof or current status. Note that all complaints must be reported, regardless of their status or disposition. (f) In accordance with 47 C.F.R. § 76.75(f), describe the unit’s efforts to analyze its recruitment program to ensure that it is effective in achieving broad outreach and how the unit has addressed any problems found as a result of such analysis. (g) In accordance with 47 C.F.R. § 76.75(g), describe the unit’s efforts to analyze its EEO policies and employment practices to examine seniority, promotions, pay, benefits, selection techniques, and tests to ensure that they provide equal opportunity and do not have a discriminatory effect, and if the unit has one or more union agreements, describe how the unit cooperates with each union to ensure EEO policies are followed for the unit’s union-member employees and job applicants. Address any problems found as a result of this 47 C.F.R. § 76.75(g) analysis and how the unit has resolved them. 4. Procedures. Direct your response to EEO Staff, Policy Division, Media Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554. The response must be received by the Commission by December 9, 2013. The accuracy and completeness of the response must be certified to by an authorized officer, partner or other principal of the owner of the unit. The response may be in the form of a CD or other electronic medium, as long as the certification provided refers to the material submitted and is on paper with an original signature. To knowingly and willfully make any false statement or conceal any material fact in response to this audit is punishable by fine or imprisonment (see 18 U.S.C. § 1001; see also 47 C.F.R. § 1.17), and/or forfeiture (47 U.S.C. § 503). Absent an extension of time, failure to respond to this audit letter by the above deadline is also punishable by sanctions in accordance with 47 C.F.R. § 76.77(f) and may result in a certification that the unit is not in compliance for 2013 with the Commission’s EEO rules. Extensions of time must be requested in writing (or e-mail sent to lewis.pulley@fcc.gov) and will be granted only upon a showing of extraordinary circumstances. 5. In accordance with 47 C.F.R. § 76.79, a copy of this letter and your response will be placed in the Commission’s public file for the unit. Consequently, your response should not include personal data about individuals, such as social security numbers, home addresses, or other personally identifiable information. We do not require that units retain such information in their records, or that such information be provided in response to this audit letter. Should you have any questions, please contact the EEO Staff at (202) 418-1450. Thank you for your cooperation. Sincerely, Lewis C. Pulley Assistant Chief, Policy Division Media Bureau