§  76.77   Reporting requirements and enforcement.

   (a) EEO program annual reports. Information concerning a unit's
   compliance with the EEO recruitment requirements shall be filed by each
   employment unit with six or more full-time employees on FCC Form 396-C
   on or before September 30 of each year. If a multichannel video
   programming distributor acquires a unit during the twelve months
   covered by the EEO program annual report, the recruitment activity in
   the report shall cover the period starting with the date the entity
   acquired the unit.

   (b) Certification of Compliance. The Commission will use the
   recruitment information submitted on a unit's EEO program annual report
   to determine whether the unit is in compliance with the provisions of
   this subpart. Units found to be in compliance with these rules will
   receive a Certificate of Compliance. Units found not to be in
   compliance will receive notice that they are not certified for a given
   year.

   (c) Investigations. The Commission will investigate each unit at least
   once every five years. Employment units are required to submit
   supplemental investigation information with their regular EEO program
   annual reports in the years they are investigated. If an entity
   acquires a unit during the period covered by the supplemental
   investigation, the information submitted by the unit as part of the
   investigation shall cover the period starting with the date the
   operator acquired the unit. The supplemental investigation information
   shall include a copy of the unit's EEO public file report for the
   preceding year.

   (d) Records and inquiries. Employment units subject to this subpart
   shall maintain records of their recruitment activity in accordance with
   §  76.75 to demonstrate whether they are in compliance with the EEO
   rules. Units shall ensure that they maintain records sufficient to
   verify the accuracy of information provided in their EEO program annual
   reports and the supplemental investigation responses required by
   §  76.1702 to be kept in a unit's public file. To determine compliance
   with the EEO rules, the Commission may conduct inquiries of employment
   units at random or if the Commission has evidence of a possible
   violation of the EEO rules. Upon request, employment units shall make
   records available to the Commission for its review.

   (e) Public complaints. The public may file complaints based on EEO
   program annual reports, supplemental investigation information, or the
   contents of a unit's public file.

   (f) Sanctions and remedies. The Commission may issue appropriate
   sanctions and remedies for any violation of the EEO rules.

   [ 68 FR 692 , Jan. 7, 2003]

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