Sec. 76.77  Reporting Requirements.

    (a) Annual employment report. Each employment unit with six or more 
full-time employees shall file an annual employment report (FCC Form 
395A) with the Commission on or before May 1 of each year. Employment 
data on the annual employment report shall reflect the figures from any 
one payroll period in January, February, or March of the year during 
which the report is filed. Unless instructed otherwise by the FCC, the 
same payroll period shall be used for each successive annual employment 
reports.
    (b) Certification of Compliance. The Commission will use the 
information submitted on Form 395A to determined whether cable systems 
are in compliance with the provisions of this subpart. Cable systems 
found to be in compliance with these rules will receive a Certificate of 
Compliance.
    (c) Investigations. The Commission will investigate each cable 
system at least once every five years. Cable systems are required to 
submit supplemental investigation information with their regular Form 
395A reports in the years they are investigated.
    (d) Job category definitions. The following job category definitions 
are to be used when classifying employees for purposes of this section:
    (1) Corporate officers. An employee who is responsible for setting 
broad policies for the overall operation of the company and who holds a 
corporate office as designated by the company's governing regulations 
(e.g., Articles of Incorporation, Articles of Partnership, By-Laws). 
Examples of positions which may fall within this category include, 
Chairman of the Board, President and Vice President.

    Note: Employees who perform responsibilities falling within the 
``Corporate Officers'' and another of the job categories in paragraphs 
(d) (2) through (6), should normally be classified in only one of the 
categories in paragraphs (d) (2) through (6). Specific job titles for 
categories in paragraphs (d) (1) through (6) are merely illustrative. 
The proper categorization of any employee depends on the kind and level 
of the employee's responsibilities and not merely the employee's title. 
Employees who are appropriately classified into one of the categories in 
paragraphs (d) (1) through (6) also should fall within the category of 
paragraph (d)(7).

    (2) General manager. An employee who exercises overall 
responsibility for a cable unit or system. Related title may include 
``systems manager.''
    (3) Chief technician. An employee who has overall responsibility for 
the system's technical operations. The incumbent ordinarily oversees 
technical budgets and expenditures, inventory control and fleet 
management. Individual ordinarily supervises technical personnel in the 
installation, service, maintenance and construction departments and/or 
studio. Category includes related titles such as ``Technical Operations 
Manager,'' ``Technical Manager,'' ``Plant Manager,'' or ``Chief 
Engineer.''
    (4) Comptroller. An employee who manages the activities of the 
accounting department in the maintenance of the accounting book and 
other such records.
    (5) General sales manager. A senior sales or marketing employee who 
oversees the marketing functions of the system which may include 
telemarketing in addition to direct sales.
    (6) Production manager. A senior employee responsible for 
advertising and/or production of local community programming.


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    Note: An employee whose responsibilities fall within more than one 
of the job categories in paragraphs (d) (2) through (6), (i.e., General 
Manager/Comptroller), should be listed in the one job category which 
represents the most frequently performed task by that person.

    (7) Managers. Occupations requiring administrative personnel who set 
broad policies, exercise overall responsibility for execution of these 
policies, and direct individual departments or special phases or 
segments of a firm's operation or subdepartments of a major department. 
Incumbents within this category ordinarily exercise authority to hire 
and terminate employees. This category would include systems managers 
and assistant managers, program directors and assistant directors, 
office managers, budget officers, promotions managers, public affairs 
directors, chief engineers and those holding equivalent positions. 
Employees appropriately falling within categories in paragraphs (d) (1) 
through (6) also should fall within this category.
    (8) Professionals. Occupations requiring either college graduation 
or experience of such kind and amount as to provide a comparable 
background. Includes: accountants and auditors, editors, engineers, 
lawyers and labor relations specialists. This category would include 
persons engaged in the writing, preparation and reproduction of 
programming, writers or editors, producers and directors of programs, 
floor directors, announcers, singers, actors, music librarians and those 
in similar positions.
    (9) Technicians. Occupations requiring a combination of basic 
scientific knowledge and manual skill which can be obtained through 
about 2 years of post high school education, such as is offered in many 
technical institutes and junior colleges, or through equivalent on-the-
job training. Includes: computer programmers and operators, engineering 
aides, junior engineers and electronic technicians. This category also 
would include strand mappers, audio and video engineers, camera 
technicians (live or film), film processors, light technicians, drafters 
and design personnel, electronic converter repair technicians 
(technicians who perform more than clear and recycle functions) and 
advertising sales production personnel.
    (10) Sales. Occupations engaging wholly or primarily in direct 
selling. This category would include advertising agents, cable service 
sales personnel (sales representatives), and individuals engaged in 
direct customer contact for the purposes of product and service 
promotion. This category includes employees who ordinarily are paid by 
commissions.
    (11) Office and clerical. Includes all clerical-type work regardless 
of level of difficulty, where the activities are predominantly nonmanual 
though some manual work not directly involved with altering or 
transporting the products is included. Includes: Bookkeepers, cashiers, 
collectors of bills and accounts, messengers and clerks, office machine 
operators, stenographers, typists and secretaries, telephone operators, 
kindred workers and customer service representatives.
    (12) Craft workers (skilled). Manual workers of relatively high 
skill level having a thorough and comprehensive knowledge of the 
processes involved in their work. Exercise considerable independent 
judgment and usually receive an extensive period of training. Includes: 
Hourly paid supervisors who are not members of management, mechanics, 
and repair workers, electricians, motion picture projectionists, and 
splicers.
    (13) Operatives (semi-skilled). Workers who operate machine or 
processing equipment or perform other factory-type duties of 
intermediate skill level which can be mastered in a few weeks and 
require only limited training Includes: Apprentices, operatives, truck 
and tractor drivers, welders, installers, line workers, and trenching 
machine workers.

    Note: Apprentices--Persons employed in a program including work 
training and related instruction to learn a trade or craft which is 
traditionally considered an apprenticeship regardless of whether the 
program is registered with a Federal or State agency.

    (14) Laborers (unskilled). Workers in manual occupations which 
generally require no special training. Perform elementary duties that 
may be learned

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in a few days and require the application of little or no independent 
judgment. Includes: gardeners and groundskeepers, laborers performing 
lifting or digging, stage hands and kindred workers.
    (15) Service workers. Workers in both protective and nonprotective 
service occupations. Includes: Char workers and cleaners, elevator 
operators, guards and watch workers, janitors, and kindred workers.

    Note: A person who does a job falling within more than one of the 
job categories listed in paragraphs (d) (7) through (15) is to be listed 
in the job category which represents the most frequently performed task 
by that person; a person is to be listed only once. Specific job titles 
listed in the categories above are merely illustrative. The proper 
categorization of any employee depends on the kind and level of the 
employee's responsibilities.


[ 50 FR 40855 , Oct. 7, 1985, as amended at  58 FR 42250 , Aug. 9, 1993]