DA 21-1227 Released: November 12, 2021 ENFORCEMENT BUREAU CONTINUES 2021 EEO AUDITS On November 12, 2021, the Enforcement Bureau mailed the third set of Equal Employment Opportunity (EEO) audit letters for 2021. These letters were sent to randomly selected multichannel video programming distributors (MVPDs). In accordance with sections 1 73.2080(f)(4) and 76.77(d) of the Commission’s rules,0F the Commission annually audits the EEO programs of randomly selected broadcast licensees and MVPDs. Each year, approximately 2 five percent of all broadcast stations and MVPDs are selected.1F A list of the MVPD employment units included in this audit as well as the text of the November 12, 2021 letter appears on the following pages, which are also located at the Enforcement Bureau’s EEO headline page at: https://www.fcc.gov/enforcement/eb-eeo/equal-employment- opportunity-headlines. Responses to the audit letter are due no later than December 13, 2021 and must be submitted via the Commission’s Electronic Comment Filing System (ECFS) in Docket Number 21-398, which can be found at: http://apps.fcc.gov/ecfs. Enforcement Bureau Contact: EB-EEO@fcc.gov or 202-418-1450 1 47 CFR §§ 73.2080(f)(4), 76.77(d) 2 The Enforcement Bureau sent EEO audit letters to broadcasters on two occasions earlier this year. See Enforcement Bureau Commences 2021 Broadcast EEO Audits, Public Notice, 36 FCC Rcd 4436 (EB 2021) and Enforcement Bureau Continues 2021 EEO Audits, Public Notice, DA 21-822, 2021 WL 3478609 (EB Aug. 6, 2021). Federal Communications Commission Washington, D.C. 20554 November 12, 2021 Attn: Employment Unit ID # XXXXX 1. In accordance with 47 CFR § 76.77(d), employment unit # XXXXX (the Unit) has been randomly selected for an audit of its Equal Employment Opportunity (EEO) program. A copy of section 76.77 of the Federal Communications Commission (FCC or Commission) rules as well as other rules referenced in this letter are available here: https://www.fcc.gov/enforcement/eb- eeo/equal-employment-opportunity-rules. 2. Audit Data Requested. (a) If the Unit has fewer than six full-time employees (defined by section 76.75(h) as employees regularly assigned to work 30 hours a week or more), it must provide only a list of the Unit’s full-time employees identified by job title (no personal names should be provided), the number of hours each is regularly assigned to work per week and a response to question 2(b)(vi) below. (b) If the Unit employs six or more full-time employees, it must provide the following information in response to this letter, including an explanation regarding any information the Unit is unable to provide: (i) The Unit’s most recent EEO program information, described in 47 CFR § 76.1702(b), which was required to be placed in the Unit’s public file by September 30, 2021 (2021 EEO Public File Report). If the Unit maintains a website, provide its website address. If the Unit’s 2021 EEO Public File Report is not posted to that website, as required by 47 CFR § 76.1702(b), explain why the report is not so posted. If the Unit does not maintain a website, but its corporate site contains a link to a site pertaining to the Unit, identify the corporate website address where the Unit's 2021 EEO Public File Report is linked. (ii) For each full-time position filled during the period covered by the 2021 EEO Public File Report, or since acquisition of the Unit (if such acquisition occurred during 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, to reduce the burden of responding to this audit, if a job notice was sent to multiple sources, the Unit may provide (1) documentation showing one such notice was sent, (2) a list of the sources to which the Unit sent the notice, and (3) a statement confirming notices to all additional sources used to announce the vacancy were retained, as required by section 76.75(c). Include, however, 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 its job openings, as described in 47 CFR § 76.75(b)(1)(ii). 1 (iii) The date that each full-time position was filled during the period covered by the 2021 EEO Public File Report and the recruitment source that referred the hire, as described in 47 CFR § 76.75(c)(6). (iv) 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 2021 EEO Public File Report. (v) Dated documentation demonstrating the Unit’s performance of recruitment initiatives described in 47 CFR § 76.75(b)(2) during the time period covered by the 2021 EEO Public File Report, such as participation at job fairs, events with educational institutions as well as mentoring and training programs for staff. Specify the Unit personnel involved in each such recruitment initiative. Also, provide the Unit’s total number of full-time employees 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 recruitment initiatives within a 12- month period, pursuant to 47 CFR § 76.75(b)(2). (vi) 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 the complaint was filed; (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. All complaints must be reported, regardless of status or disposition. (vii) In accordance with 47 CFR § 76.75(f), a description of 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. (viii) In accordance with 47 CFR § 76.75(g), a description of 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, a description of 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. 3. Procedures. (a) The response to this audit letter must be received by the Commission by no later than December 13, 2021. Do NOT send paper copies of your response. Responses must be submitted via the Commission’s Electronic Comment Filing System (ECFS), found at http://apps.fcc.gov/ecfs, in Docket Number 21-398. ECFS assistance is available by contacting the ECFS Help Desk at (202) 418- 0193 or via e-mail at ECFSHelp@fcc.gov. 2 (b) The accuracy and completeness of the response must be certified by an authorized officer, partner or other principal of the owner of the Unit. 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 with the Commission’s EEO rules for 2021. (c) Any extension of time must be requested at least five days prior to the aforementioned deadline (via e-mail to EB-EEO@fcc.gov), should indicate the additional time the Unit believes it needs to complete its response (not to exceed 15 days) and will be granted only upon a showing of good cause. 4. Please note that information submitted via ECFS is publicly available online. Accordingly, please do not include personal information in the Unit’s submission, such as social security numbers, home addresses, or other personally identifiable information. The Commission does not require that MVPDs retain such information in their records, or that such information be provided in response to this audit letter. Should you have any questions, contact EEO staff at (202) 418-1450 or EB-EEO@fcc.gov. Thank you for your cooperation. Sincerely, /s/ Elizabeth Goldin Elizabeth E. Goldin Assistant Chief, Investigations & Hearings Division Enforcement Bureau 3 NOVEMBER 12, 2021 MVPD EEO AUDIT UNIT ID MSO OPERATOR COUNTY STATE # 950502 Imon Communications, LLC Imon Communications, LLC United States IA 12750 Plant Tiftnet, Inc. Plant Tiftnet, Inc. Tifton GA 4242 T.V. Service, Inc. Tv Service, Inc. Knott KY 10573 Cablevision Systems Corp Cablevision - New York City Call Center Bronx NY 598257 Commzoom Commzoom, LLC Bexar TX 4862 Service Electric Cablevision Service Electric Cablevision, Inc Berks PA 502017 Knology, Inc. Knology, Inc Muscogee GA 12220 Zito Media, L.P. Zito Media, L.P. Potter PA 2805 Cass Cable Tv, Inc. Cass Cable Television Cass County IL 716312 Knology, Inc. Knology, Inc Richmond GA 11437 Mediacom Communications Corporation Mediacom Communications Corporation Webster IA 775611 City Of Fort Collins Connexion Fort Collins Electric Utility Enterprise Larimer CO 7759 Vexus Nts Communications, LLC, Dba Vexus Taylor TX 10818 Maxxsouth Broadband Bci Mississippi Broadband, LLC Lafayette MS 12295 Grande Communications Networks LLC Grande Communications Networks, Inc. Midland TX 396 Ind. Mediacom Communications Corporation Covington AL 77788 Ozarksgo, LLC Ozarksgo, LLC Washington AR 10867 Scottsboro Electric Power Board Scottsboro Electric Power Board Jackson AL 862861 Sierra Nevada Communications Sierra Nevada Communications Tuolumne CA 10692 Wire Tele-View Wire Tele-View Corporation Pottsville PA 12721 Telecommunications Management, LLC Telecommunications Management, LLC Clay IN 5060 Brc Lansford Pencor Services, Inc. Carbon PA 5641 Northland Communications Corporation Northland Communications Corporation Rutherford NC 1761 Eagle Broadband Investments LLC Northland Communications Corporation Ellis KS 11809 Atlantic Broadband (Delmar) LLC Atlantic Broadband New Castle DE 13529 Charter Communications Time Warner Cable Brevard FL 12760 Brc Newberry Pencor Services, Inc. York PA 1605 Midcontinent Communications Midcontinent Communications Burleigh ND 13536 Charter Communications Time Warner Cable Jefferson KY 12098 Wideopenwest Michigan, LLC Wideopenwest Networks, LLC Wayne County MI 4686 Cable One, Inc. Cable One, Inc. Dyer County TN 1 NOVEMBER 12, 2021 MVPD EEO AUDIT UNIT ID MSO OPERATOR COUNTY STATE # 10748 Dish Network L.L.C. Dish Network L.L.C. Arapahoe CO 800 Allen's Tv Cable Service, Inc. Allen's Tv Cable Service, Inc. St. Mary Parish LA 11843 Mid-Rivers Telephone Cooperative, Inc. Mid-Rivers Telephone Cooperative, Inc. Mccone MT 11997 Cox Communications, Inc. Coxcomm, LLC Washington AR 1265 Harlan Community Television, Inc. Harlan Community Television, Inc. Harlan KY 4315 Cable One, Inc. Cable One, Inc. Adair MO 21958 Vast Broadband Clarity Telecom, LLC Dba Vast Broadband Turner SD 738163 Wehco Video, Inc. East Arkansas Video, Inc St. Francis AR 12853 Wabash Independent Networks, Inc Wabash Independent Networks, Inc Clay IL 11568 Comcast Cable Communications Comcast Corporation Duval FL 12278 Shenandoah Cable Television, LLC Shenandoah Cable Television, LLC Alleghany VA 12781 Ultra Communications Group, LLC Ultra Communications Group, LLC Plaquemines LA 12133 Wave Broadband Wavedivision Vii, LLC Marion OR 10865 Shenandoah Cable Television, LLC Shenandoah Cable Television, LLC Logan WV 12782 Ultra Communications Group, LLC Ultra Communications Group, LLC Caddo LA 11834 Rcn Telecom Services LLC Rcn Telecom Services, LLC Delaware PA 12131 Astound Broadband Wavedivision Vi, LLC Placer CA 12279 Shenandoah Cable Television, LLC Shenandoah Cable Television, LLC Lewis WV 7677 Broadstripe Wavedivision I, LLC King WA 2