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Pai Has 'Concerns' About Clarke, Van Hollen Proposal on FCC EEO Enforcement

FCC Chairman Ajit Pai has “serious constitutional and statutory concerns” about a proposal by House Commerce Committee Vice Chair Yvette Clarke, D-N.Y., and Sen. Chris Van Hollen, D-Md., to reinstate Form 395-B to collect data on the broadcast workforce's racial,…

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ethnic and gender diversity. Clarke and Van Hollen wrote Pai in May urging him to reinstate Form 395-B because the absence of that diversity data “limited” the agency's ability to “evaluate” potential discrimination by broadcasters (see 1905130065). Pai said in a letter released Monday that his concerns about Form 395-B “have been shared by Commission leadership under both Democratic and Republican Administrations, which is why the Commission has not adopted these reforms” since it first considered reinstating Form 395-B. The FCC's draft equal employment opportunity enforcement NPRM (see 1904290176) will “address how the agency can make improvements to equal employment opportunity compliance and enforcement,” Pai said. He detailed other actions during his chairmanship to “enhance diversity within the communications industry,” including reestablishing the Advisory Committee on Diversity and Digital Empowerment (see 1906110048) and FCC approval of an order to create a radio incubator program (see 1906110052).