Report No. MM 95-81MASS MEDIA ACTION August 17, 1995 COMMISSION UPHOLDS GRANT OF STATION WAVF-FM RENEWAL APPLICATION The Commission upheld its decision in Daily and Reich, 6 FCC Rcd 4672 (1991), wherein it granted a short-term renewal of Station WAVF-FM, Hanahan, South Carolina, imposed reporting conditions, and issued a Notice of Apparent Liability (NAL) for Forfeiture for $13,000. In so doing, the Commission denied a Petition for Reconsideration filed by the South Carolina State Conference of Branches of the National Association for the Advancement of Colored People, and its respective branches ("NAACP"), and dismissed a petition filed by the National Black Media Coalition ("NBMC"). In seeking reconsideration, the NAACP asserted that the Commission (1) failed to consider two of its pleadings; (2) improperly characterized Station WAVF- FM's EEO efforts as slightly better than those of the licensee in Woolfson Broadcasting Corporation of Salisbury/Ocean City, Inc., 4 FCC Rcd 6160 (1989) (Woolfson); and (3) should have designated this case for hearing based on substantial and material questions of discrimination. The Commission held that there was no basis for reconsideration of its decision. Even if, as the NAACP alleged, two of its pleadings had been overlooked, the Commission concluded that such an oversight was harmless error as one of the pleadings did not contain any facts or allegations not already before the Commission, and the second pleading relied upon a statistical analysis previously rejected by the Commission which, in any event, was erroneously applied in this case. In addition, the Commission confirmed its finding that this case is slightly better than Woolfson. Finally, the Commission ruled that this case does not warrant designation for hearing because there is no evidence in the record of discrimination, a sudden departure of minority employees, or any misrepresentation to the Commission regarding the station's employment practices. - over - - 2 - Action by the Commission July 31, 1995 by MO&O (FCC 95-325). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500. Mass Media Bureau contact: Catherine M. Withers at (202) 418-1430.