DA 19-984 Released: October 2, 2019 ENFORCEMENT BUREAU CONTINUES 2019 EEO AUDITS On October 2, 2019, the Enforcement Bureau mailed the third set of Equal Employment Opportunity (EEO) audit letters for 2019. These letters were sent to randomly selected multichannel video programming distributors (MVPDs). MVPDs must submit their audit responses to the Commission by November 18, 2019. The response may be on paper, in the form of a thumb drive, filed in ECFS as a filing in Docket Number 19-279, or sent by e-mail to lewis.pulley@fcc.gov. In accordance with Sections 73.2080(f)(4) and 76.77(d) of the Commission’s rules, 47 CFR §§ 73.2080(f)(4) and 76.77(d). the Commission 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 random EEO audits. By Public Notice DA 19-78, released February 15, 2019, by the Media Bureau, and Public Notice DA 19-570, released June 18, 2019, by the Enforcement Bureau, the bureaus announced the 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 2, 2019 audit letters were sent is attached, along with a copy of the audit letter. Enforcement Bureau Contact: EEO Staff at 202-418-1450. Unit ID No. Company Name City/County State Spec. 11 Antietam Cable Television, LLC Washington MD TP 11807 Atlantic Broadband, LLC Preston WV LK 12272 Atlantic Broadband Strafford NH TP 931260 Bendcable Deschutes OR TP 961564 Bolt Fiber Optic Services Craig OK LK 2071 Cable One, Inc. Kay OK TP 5302 Cable One, Inc. Woodbury IA TP 6984 Cablevision Systems Corp. Bronx NY YH 12850 Cap Cable, LLC Buffalo NE TP 11971 Cequel Communications, LLC Cooke TX TP 12288 Cequel Communications, LLC Bourbon KS TP 5094 Comcast Corporation Jackson MO YH 11647 Comcast Corporation Ramsey MD YH 11673 Comcast Corporation Thurston WA YH 11937 Comcast Corporation Johnson KS YH 12118 Comcast Corporation Wayne MI YH 9504 Country Cablevision, Inc. Yancey NC TP 10517 Cox Communications Louisiana, Inc. East Baton Rouge LA TP 12834 Eagle Communications, Inc. Merrick NE YH 0001 Giggle Fiber, LLC Los Angeles CA LK 12849 Google Fiber Texas, LLC Travis TX LK 12866 Google Fiber Georgia, LLC Fulton GA LK 1599 Massillon Cable TV, Inc. Stark OH YH 11431 Mediacom Communications Corp. Linn IA LK 1774 Midcontinent Communications Douglas KS LK 1976 Midcontinent Communications Pennington SD LK 12755 Pencor Services, Inc. Lancaster PA LK 11838 RCN Telecom Services, LLC Mercer NJ YH 12280 Shenandoah Cable Television, LLC Wyoming WV YH 10903 Spencer Municipal Utilities Clay IA LK 12182 Telecommunications Management, LLC Union IL LK 12810 Telecommunications Management, LLC Daviess IN LK 10104 Teleview, LLC Lumpkin GA TP 12782 Ultra Communications Group, LLC Caddo LA YH 2392 Wave Broadband Clalam WA YH 332448 Western Broadband Maricopa AZ TP October 2, 2019 Dear Manager: 1. In accordance with 47 CFR § 76.77(d) of the Commission’s EEO rules, your employment unit has been randomly selected for an audit of its EEO program. (A copy of section 76.77 and the other rules referred to in this letter are enclosed for your reference.) 2. If your unit is not required under our rules to have an EEO recruitment program due to the size of its full-time workforce because it has 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 CFR § 76.1702(b), which should have been placed in the unit’s public file by September 30, 2019. If the unit has a website, provide its web address. If the unit’s most recent (2019) EEO public file report is not included on or linked to by the website, in violation of 47 CFR § 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 CFR § 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 CFR § 76.75(c)(3). However, if you have sent a job notice to multiple sources, you may send us only one copy of each such notice, along with a list of the sources to which you have sent the notice. In addition, indicate in your response whether you retain copies of all notices sent to all sources used, as required by section 76.75(c). 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 CFR § 76.75(b)(1)(ii). Also include the date that each position was filled and the recruitment source that referred the hire, as described in 47 CFR § 76.75(c)(6). (c) In accordance with 47 CFR § 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 CFR § 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 CFR § 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 CFR § 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 CFR § 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 CFR § 76.75(g) analysis and how the unit has resolved them. 4. Procedures. Direct your response to EEO Staff, Investigations & Hearings Division, Enforcement Bureau, Federal Communications Commission, 445 12th Street, S.W., Washington, DC 20554. The response must be received by the Commission by November 18, 2019. 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 on paper, in the form of a thumb drive, filed in ECFS as a filing for Docket Number 19-279, or sent by e-mail to lewis.pulley@fcc.gov. 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 CFR § 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 CFR § 76.77(f) and may result in a certification that the unit is not in compliance for 2019 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 CFR § 76.79, a copy of this letter and your response will be placed in the Commission’s public file for the unit. In addition, if you choose to file your response in ECFS, please note that you will be filing a document into an official FCC proceeding. All information submitted, including names and addresses, will be publicly available online upon filing the information. Accordingly, please do not include personal information in your submission, 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, Investigations & Hearings Division Enclosure Enforcement Bureau 4