DA 20-1093 Released: October 6, 2020 ENFORCEMENT BUREAU CONTINUES 2020 EEO AUDITS On October 6, 2020, the Enforcement Bureau mailed the third set of Equal Employment Opportunity (EEO) audit letters for 2020. These letters were sent to randomly selected multichannel video programming distributors (MVPDs). MVPDs must submit their audit responses to the Commission by November 20, 2020. The responses shall be filed either in ECFS as a filing in Docket Number 20-322, or sent by e-mail to the e-mail address of the EEO specialist who issued the audit letter. 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 20-131, released February 6, 2020, and Public Notice DA 20-600, released June 9, 2020, the Bureau announced the sending of similar audit letters to the broadcast stations listed in the attachments to those Public Notices. A list of the MVPD units to which the October 6, 2020 audit letters were sent is attached, along with a copy of the audit letter. Enforcement Bureau Contact: EEO Staff at 202-418-1450. FACILITY ID# OPERATOR NAME/MSO COUNTY STATE 12751 AST TELECOM, LLC PAGO PAGO AS 322533 ATV HOLDINGS, LLC DAVISON SD 931260 BENDCABLE BENDCABLE (DBA BENDBROADBAND) DESCHUTES OR 5477 CABLE ONE, INC. MADISON NE 3966 CABLEVISION - CONNECTICUT/WESTCHESTER CABLEVISION SYSTEMS CORP. WESTCHESTER NY 12791 CEQUEL COMMUNICATIONS, INC. SUDDENLINK COMMUNICATIONS NYE NV 16637 CITY OF TACOMA, DEPT. OF PUBLIC UTILITIES, LIGHT DIVISION CITY OF TACOMA, DEPT. OF PUBLIC UTILITIES, DBA CLICK! NETWORK PIERCE WA 22201 CLARITY TELECOM, LLC DBA VAST BROADBAND VAST BROADBAND LYON MN 243 COMCAST CORPORATION HINDS MS 11573 COMCAST CORPORATION FRESNO CA 141 COMCAST CORPORATION WINNEBAGO IL 11904 COMCAST CORPORATION HARDIN KY 11624 COMCAST CORPORATION ANNE ARUNDEL MD 10507 CONSOLIDATED CABLE VISION, INC. STARK ND 10517 COX COMMUNICATIONS LOUISIANA, LLC COX COMMUNICATIONS, INC. E. BATON ROUGE PARISH LA 1587 ERIE COUNTY CABLEVISION, INC. BLOCK COMMUNICATIONS ERIE OH 7861 FULL CHANNEL, INC. FULL CHANNEL, INC. BRISTOL RI 12189 KNOLOGY, INC. KNOLOGY, INC. HOUSTON AL 7604 LIBERTY CABLEVISION OF PUERTO RICO SAN JUAN PR 11326 MEDIACOM COMMUNICATIONS CORPORATION MEDIACOM COMMUNICATIONS CORPORATION LAKE CA 11323 MEDIACOM COMMUNICATIONS CORPORATION MEDIACOM COMMUNICATIONS CORPORATION PINAL AZ 11400 MEDIACOM COMMUNICATIONS CORPORATION MEDIACOM COMMUNICATIONS CORPORATION ORANGE NY 12838 MILLINGTON CATV, INC. RITTER COMMUNICATIONS HOLDINGS SHELBY TN 12870 MTA COMMUNICATIONS, INC. MATANUSKA SUSITNA AK 10125 MUSCATINE POWER & WATER MUSCATINE IA 12879 NITTANY MEDIA, INC. NITTANY MEDIA, INC. MIFFLIN PA 12122 NONE/ VISION COMMUNICATIONS, LLC LAFOURCHE LA 12745 ORLANDO TELEPHONE COMPANY, INC. DBA SUMMIT BROADBAND ORLANDO TELEPHONE COMPANY, INC. ORANGE FL 11837 RCN TELECOM SERVICES, LLC RCN TELECOM SERVICES, LLC LUZERNE PA 4873 SERVICE ELECTRIC CABLEVISION, INC. SERVICE ELECTRIC CABLEVISION, INC. NORTHUMBERLAND PA 830359 THE ARTHUR MUTUAL TELEPHONE COMPANY DEFIANCE OH 10944 TROY CABLEVSION, INC. TROY AL 11862 VYVE BROADBAND A, LLC BCI ALLEGIANCE, LLC TEXAS OK 12851 WEHCO VIDEO, INC. PULASKI AR 12093 WIDEOPENWEST NETWORKS, LLC WIDEOPENWEST NETWORKS, LLC COOK IL 12091 WIDEOPENWEST NETWORKS, LLC WIDEOPENWEST NETWORKS, LLC EL PASO CO 6 October 6, 2020 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 available through this link: https://www.fcc.gov/enforcement/eb-eeo/equal-employment-opportunity-rules .) 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, 2020. If the unit has a website, provide its web address. If the unit’s most recent (2020) 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. For example, if you have had 20 openings and used 20 sources for each, we do NOT need copies of 400 job notices, only 20. 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. The response must be received by the Commission by November 20, 2020. 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. Do NOT send paper copies of your response. The response may be either filed in ECFS as a filing for Docket Number 20-322, or sent by e-mail to the e-mail address of the EEO staff member who mailed you this audit letter. If you believe that your response might be too large for either of these methods, contact the EEO staff member who sent you this audit letter to discuss alternatives. 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 2020 with the Commission’s EEO rules. Extensions of time must be requested by e-mail sent to Christopher.Sova@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 e-mail the EEO staff member who sent you this letter. Thank you for your cooperation. Sincerely, EEO Specialist Investigations & Hearings Division Enforcement Bureau