FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN May 28, 2019 The Honorable Chris Van Hollen United States Senate 110Hart Senate Office Building Washington, D.C. 20510 Dear Senator Van Hollen: Thank you for your letter regarding the Federal Communications Commission s equal employment opportunity rules for broadcast stations. I agree that increasing diversity in the communications industry is important. That is why I have taken several steps since becoming Chairman to further enhance diversity in the communications industry. For example, I reestablished the Diversity and Digital Empowerment Advisory, a working group of which has been specifically tasked with advancing broadcast diversity. Under my watch, the Commission created a long-awaited broadcast incubator program after over two decades of discussion about such a program. As sought and supported by numerous civil rights organizations, the Commission has moved its enforcement of equal employment opportunity rules from the Media Bureau to the Enforcement Bureau. And Commission staff closely review stations compliance with their equal employment opportunity obligations through random audits, through mid-term reviews, and at license renewal. In appropriate cases, the Commission takes enforcement action against licensees, including issuing monetary forfeitures. As you note in your letter, the Commission also is considering a draft Notice of Proposed Rulemaking that, if adopted, would seek comment on how the Commission could improve equal employment opportunity compliance and enforcement. This Notice reflects an agreement reached earlier this year as part of the Commission s decision to eliminate the obligation for broadcast stations to file Form 397, the Broadcast Mid-Term Report to address how the agency can make improvements to equal employment opportunity compliance and enforcement. With respect to the approach to Form 395-B you suggest, I have serious constitutional and statutory concerns. These concerns have been shared by Commission leadership under both Democratic and Republican Administrations, which is why the Commission has not adopted these reforms over the past decade and a half. Nevertheless, I remain committed to pursuing initiatives within the Commission s authority, such as those detailed above, to promote diversity. Please let me know if I can be of any further assistance. Sincerely, AjitV.Pai g FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN May 28, 2019 The Honorable Yvette D. Clarke U.S. House of Representatives 2058 Rayburn House Office Building Washington, D.C. 20515 Dear Congresswoman Clarke: Thank you for your letter regarding the Federal Communications Commission s equal employment opportunity rules for broadcast stations. I agree that increasing diversity in the communications industry is important. That is why I have taken several steps since becoming Chairman to further enhance diversity in the communications industry. For example, I reestablished the Diversity and Digital Empowerment Advisory, a working group of which has been specifically tasked with advancing broadcast diversity. Under my watch, the Commission created a long-awaited broadcast incubator program after over two decades of discussion about such a program. As sought and supported by numerous civil rights organizations, the Commission has moved its enforcement of equal employment opportunity rules from the Media Bureau to the Enforcement Bureau. And Commission staff closely review stations compliance with their equal employment opportunity obligations through random audits, through mid-term reviews, and at license renewal. In appropriate cases, the Commission takes enforcement action against licensees, including issuing monetary forfeitures. As you note in your letter, the Commission also is considering a draft Notice of Proposed Rulemaking that, if adopted, would seek comment on how the Commission could improve equal employment opportunity compliance and enforcement. This Notice reflects an agreement reached earlier this year as part of the Commission s decision to eliminate the obligation for broadcast stations to file form 397, the Broadcast Mid-Term Report to address how the agency can make improvements to equal employment opportunity compliance and enforcement. With respect to the approach to Form 395-B you suggest, I have serious constitutional and statutory concerns. These concerns have been shared by Commission leadership under both Democratic and Republican Administrations, which is why the Commission has not adopted these reforms over the past decade and a half. Nevertheless, I remain committed to pursuing initiatives within the Commission s authority, such as those detailed above, to promote diversity. Please let me know if I can be of any further assistance. Sincerely, 6