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(b) Equal opportunity in employment shall be afforded by each entity specified in subsection (a), and no person shall be discriminated against in employment by such entity because of race, color, religion, national origin, age, or sex.
(c) Any entity specified in subsection (a) shall establish, maintain, and execute a positive continuing program of specific practices de signed to ensure equal opportunity in every aspect of its employment policies and practices. Under the terms of its program, each such entity shall
(1) define the responsibility of each level of management to ensure a positive application and vigorous enforcement of its policy of equal opportunity, and establish a procedure to review and control managerial and supervisory performance;
(2) inform its employees and recognized employee organizations of the equal employment opportunity policy and program and enlist their cooperation;
(3) communicate its equal employment opportunity policy and program and its employment needs to sources of qualified applicants without regard to race, color, religion, national origin, age, or sex, and solicit their recruitment assistance on a continuing basis;
(4) conduct a continuing program to exclude every form of prejudice or discrimination based on race, color, religion, national origin, age, or sex, from its personnel policies and practices and working conditions; and
(5) conduct a continuing review of job structure and employment practices and adopt positive recruitment, training, job design, and other measures needed to ensure genuine equality of opportunity to participate fully in all its organizational
units, occupations, and levels of responsibility. (d/1) Not later than 270 days after the effective date of this section, and after notice and opportunity for hearing, the Commission shall prescribe rules to carry out this section.
(2) Such rules shall specify the terms under which an entity specified in subsection (a) shall, to the extent possible
(A) disseminate its equal opportunity program to job applicants, employees, and those with whom it regularly does business;
(B) use minority organizations, organizations for women, media, educational institutions, and other potential sources of minority and female applicants, to supply referrals whenever jobs are available in its operation;
(C) evaluate its employment profile and job turnover against the availability of minorities and women in its franchise area;
(D) undertake to offer promotions of minorities and women to positions of greater responsibility.
(E) encourage minority and female entrepreneurs to conduct business with all parts of its operation; and
(F) analyze the results of its efforts to recruit, hire, promote, and use the services of minorities and women and explain any difficulties encountered in implementing its equal employment opportunity program.
(3) Such rules also shall require an entity specified in subsection (a) with more than 5 full-time employees to file with the Commission an annual statistical report identifying by race and sex the number of employees in each of the following full-time and parttime job categories:
(A) officials and managers;
(I) service workers. The report shall include the number of minorities and women in the relevant labor market for each of the above categories. The statistical report shall be available to the public at the central office and at every location where more than 5 full-time employees are regularly assigned to work.
(4) The Commission may amend such rules from time to time to the extent necessary to carry out the provisions of this section. Any such amendment shall be made after notice and opportunity for comment.
(eX1) On an annual basis, the Commission shall certify each entity described in subsection (a) as in compliance with this section if, on the basis of information in the possession of the Commission, including the report filed pursuant to subsection (dX3), such entity was in compliance, during the annual period involved, with the re quirements of subsections (b), (c), and (d).
(2) The Commission shall, periodically but not less frequently than every five years, investigate the employment practices of each entity described in subsection (a), in the aggregate, as well as in individual job categories, and determine whether such entity is in compliance with the requirements of subsections (b), (c), and (d), including whether such entity's employment practices deny or abridge women and minorities equal employment opportunities. As part of such investigation, the Commission shall review whether the entity's reports filed pursuant to subsection (dX3) accurately reflect employee responsibilities in the reported job classification.
(f)(1) If the Commission finds after notice and hearing that the entity involved has willfuly or repeatedly without good cause failed to comply with the requirements of this section, such failure shall constitute a substantial failure to comply with this title. The failure to obtain certification under subsection (e) shall not itself constitute the basis for a determination of substantial failure to comply with this title. For purposes of this paragraph, the term “repeatedly”, when used with respect to failures to comply, refers to 3 or more failures during any 7-year period.
(2) Any person who is determined by the Commission, through an investigation pursuant to subsection (e) or otherwise, to have failed to meet or failed to make best efforts to meet the requirements of this section, or rules under this section, shall be liable to the United States for a forefeiture penalty of $200 for each violation. Each day of a continuing violation shall constitute a separate offense. Any entity defined in subsection (a) shall not be liable for more than 180 days of forfeitures which accrued prior to notification by the Commission of a potential violation. Nothing in this paragraph shall limit the forfeiture imposed on any person as a result of any violation that continues subsequent to such notification. In addition, any person liable for such penalty may also have any license under this Act for cable auxiliary relay service suspended until the Commission determines that the failure involved has been corrected. Whoever knowingly makes any false statement or submits documentation which he knows to be false, pursuant to an application for certification under this section shall be in violation of this section.
(3) The provisions of paragraphs (3) and (4), and the last 2 sentences of paragraph (2), of section 503(b) shall apply to forfeitures under this subsection.
(4) The Commission shall provide for notice to the public and appropriate franchising authorities of any penalty imposed under this section.
(g) Employees or applicants for employment who believe they have been discriminated against in violation of the requirements of this section, or rules under this section, or any other interested person, may file a complaint with the Commission. A complaint by any such person shall be in writing, and shall be signed and sworn to by that person. The regulations under subsection (dx1) shall specify a program, under authorities otherwise available to the Commission, for the investigation of complaints and violations, and for the enforcement of this section.
(hX1) For purposes of this section, the term "cable operator" includes any operator of any satellite master antenna television system, including a system described in section 602(6XA).
(2) Such term does not include any operator of a system which, in the aggregate, serves fewer than 50 subscribers.
(3) In any case in which a cable operator is the owner of a multiple unit dwelling, the requirements of this section shall only apply to such cable operator with respect to its employees who are primarily engaged in cable telecommunications.
(iX1) Nothing in this section shall affect the authority of any State or any franchising authority,
(A) to establish or enforce any requirement which is consistent with the requirements of this section, including any requirement which affords equal employment opportunity protection for employees;
(B) to establish or enforce any provision requiring or encouraging any cable operator to conduct business with enterprises which are owned or controlled by members of minority groups (as defined in section 309(iX3XCXii) or which have their principal operations located within the community served by the cable operator; or
(C) to enforce any requirement of a franchise in effect on the effective date of this title.
(2) The remedies and enforcement provisions of this section are in addition to, and not in lieu of, those available under this or any other law.
(3) The provisions of this section shall apply to any cable operator, whether operating pursuant to a franchise granted before, on, or after the date of the enactment of this section.
SEC. 635. [47 U.S.C. 555] (a) Any cable operator adversely affected by any final determination made by a franchising authority under section 625 or 626 may commence an action within 120 days after receiving notice of such determination, which may be brought in
(1) the district court of the United States for any judicial district in which the cable system is located; or
(2) in any State court of general jurisdiction having jurisdiction over the parties. (b) The court may award any appropriate relief consistent with the provisions of the relevant section described in subsection (a).
COORDINATION OF FEDERAL, STATE, AND LOCAL AUTHORITY SEC. 636. [47 U.S.C. 556] (a) Nothing in this title shall be construed to affect any authority of any State, political subdivision, or agency thereof, or franchising authority, regarding matters of public health, safety, and welfare, to the extent consistent with the express provisions of this title.
(b) Nothing in this title shall be construed to restrict a State from exercising jurisdiction with regard to cable services consistent with this title.
(c) Except as provided in section 637, any provision of law of any State, political subdivision, or agency thereof, or franchising authority, or any provision of any franchise granted by such authority, which is inconsistent with this Act shall be deemed to be pre empted and superseded.
(d) For purposes of this section, the term “State" has the meaning given such term in section 3(v).
Sec. 637. [47 U.S.C. 557] (a) The provisions of
(1) any franchise in effect on the effective date of this title, including any such provisions which relate to the designation, use, or support for the use of channel capacity for public, educational, or governmental use, and
(2) any law of any State (as defined in section 3(v)) in effect on the date of the enactment of this section, or any regulation promulgated pursuant to such law, which relates to such desig
nation, use or support of such channel capacity, shall remain in effect, subject to the express provisions of this title, and for not longer than the then current remaining term of the franchise as such franchise existed on such effective date.
(b) For purposes of subsection (a) and other provisions of this title, a franchise shall be considered in effect on the effective date of this title if such franchise was granted on or before such effective date.
CRIMINAL AND CIVIL LIABILITY
SEC. 638. [47 U.S.C. 558] Nothing in this title shall be deemed to affect the criminal or civil liability of cable programmers or cable operators pursuant to the Federal, State, or local law of libel, slander, obscenity, incitement, invasions of privacy, false or misleading advertising, or other similar laws, except that cable operators shall not incur any such liability for any program carried on any channel designated for public, educational, governmental use or on any other channel obtained under section 612 or under similar arrangements.
OBSCENE PROGRAMMING SEC. 639. [47 U.S.C. 559] Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both.
TITLE VII-MISCELLANEOUS PROVISIONS
TRANSFER TO COMMISSION OF DUTIES, POWERS, AND FUNCTIONS UNDER
SEC. 701. [47 U.S.C. 601] (a) All duties, powers, and functions of the Interstate Commerce Commission under the Act of August 7, 1888 (25 Stat. 382), relating to operation of telegraph lines by railroad and telegraph companies granted Government aid in the construction of their lines, are hereby imposed upon and vested in the Commission: Provided, That such transfer of duties, powers, and functions shall not be construed to affect the duties, powers, functions, or jurisdiction of the Interstate Commerce Commission under, or to interfere with or prevent the enforcement of, the Interstate Commerce Act and all Acts amendatory thereof or supplemental thereto.
(b) All duties, powers, and functions of the Postmaster General with respect to telegraph companies and telegraph lines under any existing provision of law are hereby imposed upon and vested in the Commission.
REPEALS AND AMENDMENTS
Sec. 702. [47 U.S.C. 602] (a) The Radio Act of 1927, as amended, is hereby repealed.
(b) The provisions of the Interstate Commerce Act, as amended, insofar as they relate to communications by wire or wireless, or to telegraph, telephone, or cable companies operating by wire or wire less, except the last proviso of section 1(5) and the provisions of section 1(7), are hereby repealed.
(c) The last sentence of section 2 of the Act entitled “An Act re lating to the landing and operation of submarine cables in the United States," approved May 27, 1921, is amended to read as follows: "Nothing herein contained shall be construed to limit the