By the Commission:
1. In this Memorandum Opinion and Order the Commission suspends the effectiveness of
Sections 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802 of the Commission's Rules, 47 C.F.R. 73.2080(b) through (j), 73.3612, 76.73(b), 76.75, 76.77, 76.79, 76.1702, and 76.1802. These provisions relate to Equal Employment Opportunity ("EEO") outreach program requirements applicable to broadcast licensees and cable entities. The suspension shall continue until further order of the Commission.
2. The Commission adopted new broadcast and cable EEO requirements in the Report and Order in MM Docket Nos. 98-204 and 96-16, 15 FCC Rcd 2329 (2000) ("Report and Order"), recon. granted in part and otherwise denied, FCC 00-338, released November 22, 2000. On January 16, 2001,
the United States Court of Appeals for the District of Columbia Circuit found certain requirements adopted by the Report and Order to be unlawful and therefore vacated the broadcast rule in its entirety. MD/DC/DE Broadcasters Association v. FCC, Case No. 1094, January 16, 2001. We believe that it is appropriate to suspend the EEO outreach program rules for broadcast and cable pending issuance of the
Court's mandate and assessment of the Court's decision.
The US Court of Appeals has declared certain parts of the EEO regulations unlawful and vacated the rules. All EEO regulations in Broadcast and Cable are suspended till further notice.