FCC 94-85 Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) ) Beacon Broadcasting Corporation ) File Nos. BR-910125UZ ) BRH-910125VG ) For Renewal of Licenses of ) Station WBNR(AM) ) Beacon, New York ) and ) Station WSPK(FM) ) Poughkeepsie, New York ) ) ) Culver Communications Corp., Inc. ) File No. BR-910125UX ) For Renewal of License of ) Station WLVL(AM) ) Lockport, New York ) ) ) Great Lakes Wireless Talking ) File No. BRH-910201UI Machine Company ) ) For Renewal of License of ) Station WZSH(FM) ) South Bristol, New York ) ) ) Eagle Broadcasting Company ) File Nos. BR-910322YT ) BRH-910322YS For Renewal of Licenses of ) Stations WHCU(AM)/WYXL(FM) ) Ithaca, New York ) ) ) Historic Hudson Valley Radio, Inc. ) File Nos. BR-910130VI ) BRH-910130VE For Renewal of Licenses of ) Stations WGHQ(AM)/WBPM(FM) ) Kingston, New York ) ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: April 11, 1994 ; Released: April 28, 1994 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) license renewal applications for the eight captioned radio stations in New York; (ii) a Petition to Deny timely filed by the New York State Conference of Branches of the National Association for the Advancement of Colored People (NAACP) and various local NAACP branches in New York against the above-captioned renewal applications; (iii) oppositions from the licensees; and (iv) the licensees' responses to staff letters of inquiry. The NAACP alleges that the above stations violated the Commission's equal employment opportunity (EEO) Rule and policies toward minorities. The petitioner requests that the Commission designate the licensees' renewal applications for hearing and deny the applications. II. BACKGROUND 2. In challenging an application pursuant to Section 309(d) of the Communications Act, a petitioner must demonstrate party in interest status. In addition, a petitioner must, as a threshold matter, submit "specific allegations of fact sufficient to show... that a grant of the application would be prima facie inconsistent with [the public interest, convenience, and necessity]." 47 U.S.C. Section 309(d)(1); Astroline Com. Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) (Astroline); Application of Dubuque T.V. Limited Partnership and Sage Broadcasting Corporation of Dubuque, Iowa for Assignment of Television License for KDUB-TV, Dubuque, Iowa, 4 FCC Rcd 1999 (1989). The allegations, except for those of which official notice may be taken, must be supported by the affidavit of a person with personal knowledge of the facts alleged. 47 U.S.C. Section 309(d)(1). 3. Filed with the petition to deny were declarations under penalty of perjury from presidents of NAACP branches in the areas of each petitioned station. Each president claimed to be a regular listener to the station(s) in his or her area. We find that the declarations meet the requirements for establishing standing for the NAACP. See American Legal Foundation v. FCC, 808 F.2d 84 (D.C. Cir. 1987) (American Legal). Therefore, the challenge filed by the NAACP constitutes a valid petition to deny against the captioned stations. III. PLEADINGS 4. The NAACP derived its factual allegations from the licensees' EEO programs and annual employment reports. Review of the allegations led us to conclude that they presented a prima facie case demonstrating that unconditional grant of the renewal applications would have been inconsistent with the public interest. Section 309(d)(1) of the Communications Act, 47 U.S.C. Section 309(d)(1). Astroline, supra. Further inquiry was, therefore, necessary. See Beaumont Branch of the NAACP and the National Black Media Coalition v. FCC, 854 F.2d 501, 506 (D.C. Cir. 1988) (Beaumont); Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978) (Bilingual). However, review of the entire record, including the licensees' responses to further inquiries, indicates that there are no substantial and material questions of fact warranting designation for hearing. In addition, we find no evidence that any of the licensees engaged in discrimination. Thus, grant of each renewal application will serve the public interest. 47 U.S.C. Section 309(d)(2). Astroline, supra. Accordingly, the challenge against the licensees' renewal applications filed by the NAACP is denied and the renewal applications will be granted but with remedies and sanctions as noted, infra. IV. DISCUSSION 5. Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from employment discrimination and establish and maintain an affirmative action program reflecting positive and continuing efforts to recruit, employ and promote qualified women and minorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts to recruit, employ and promote qualified women and minorities and the licensee's ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective action if qualified women and minorities are not present in the applicant pool. The Commission also focuses on any evidence of discrimi- nation by the licensee. See Sections 73.2080 (b) and (c) of the Commission's Rules, 47 C.F.R. Sections 73.2080 (b) and (c). 6. When a renewal application indicates an absence of discrimination and a record of adequate EEO efforts, the application is granted, if otherwise appropriate. When it fails to evidence a record of adequate EEO efforts, the Commission may impose a variety of sanctions or remedies, such as reporting conditions, renewal for less than a full term, forfeiture, or a combination thereof. Further, the Commission will designate the application for hearing if the facts so warrant. Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC Rcd 3967 (1987) (hereinafter Broadcast EEO), petition for reconsideration pending; see also 4 FCC Rcd 1715 (1989) (request for clarification by National Association of Broadcasters) (hereinafter Clarification of Broadcast EEO). See e.g., Beaumont, supra; Bilingual, supra. WBNR(AM), Beacon, New York and WSPK(FM), Poughkeepsie, New York 7. A review of the licensee's 1991 EEO Program Report, opposition to the petition to deny and response to our inquiry reveals that the licensee had 29 overall, including 24 upper-level, full-time hiring opportunities from January 28, 1988, through November 27, 1990. The licensee recruited for 24 of its vacancies and used general recruitment sources for various numbers of openings. Used for 11 to 18 openings were the National Association of Broadcasters (NAB), six colleges, and the Poughkeepsie Journal. Used for one to nine openings were the Middletown Times Herald Record, on-air ads, New York Department of Labor, The Evening News, Broadcasting, Radio & Records, Dutchess County Human Rights Commission, Radio and Television News Directors Association, American Women in Radio and TV, National Association of Media Women, Inc., four colleges, and an employment agency. The licensee reported 36 minority referrals from general sources as follows: Poughkeepsie Journal (18), Radio & Records (12), NAB (one), Middletown Times Herald Record (one), and walk-ins (two). The two other referrals were minority interns at the stations who applied for openings. The licensee used the following minority recruitment sources for 12 to 18 openings: two nearby NAACP branches, Hudson Valley Black Press, and three predominantly Black colleges. Used for one to 10 openings were: the National Council of Negro Women, Amsterdam News, The Afro Times Daily Challenge, nine predominantly Black colleges, the National Black Media Coalition, the Urban League, the National Association of Black Journalists, the Dutchess County Commission Against Racism, and the Martin Luther King Jr. New York State Commission. The licensee reported seven minority referrals from minority sources as follows: Amsterdam News (four), Howard University (one), Hudson Valley Black Press (one), and Afro Times Daily Challenge (one). 8. The licensee's records on the race of applicants is incomplete and it does not know the race of some applicants, although it has applicant flow information for all openings. The licensee stated that it is certain it received applications from at least 34 Blacks, seven Hispanics, and two Asians and that it interviewed 23 Black applicants, five Hispanics, and two Asians. One Asian was interviewed for two positions. Applications from minorities were considered for 18 positions (15 upper-level) and they were interviewed for 17 (14 upper-level). Of the 29 hires, two were minority (Black). Of 24 upper-level hires, one was minority. In addition, the licensee reported that it offered a full-time upper-level disc jockey position to a Black applicant in December 1989, and offered a full-time upper-level news director position to a Black applicant in September 1990, but they declined the offers. 9. The NAACP argues that the licensee proposed using seven minority recruitment sources in its 1984 renewal application but apparently ignored the plan because it employed few minorities during the term and now proposes using only four minority sources. It argues that the licensee's EEO program is deficient but that the licensee proposes no corrective measures. Noting the licensee's claim that it received 18 minority referrals from the Poughkeepsie Journal, the NAACP states that this figure is so high that it is "almost inconceivable" that a general circulation newspaper could have referred so many minorities in the renewal year. 10. The licensee responded that its renewal application does not list all minority or general recruitment sources used during the term because the Commission form used for the EEO Program Report only asks for examples of sources. It stated that it actually used more than seven minority sources for recruitment, not fewer, as the NAACP had argued. The licensee also stated that it assessed its program at various times during the term and added sources in July 1988, February and September 1989, and in February, March, and August 1990. It argued that it has had difficulty attracting minority applicants because of the low number of minorities in the labor force and, citing figures from the New York Department of Labor, because of a low (3.0%) unemployment rate in its MSA. Finally, the licensee argued that the NAACP stated no basis for questioning the figure of 18 referrals (full-time and part-time) from the Poughkeepsie Journal. Because it had no basis, the licensee stated that the NAACP's questions should not be credited. 11. After reviewing the record of Stations WBNR(AM)/WSPK(FM), we find no substantial and material questions of fact sufficient to warrant a hearing. See Astroline, supra. In addition, we find no evidence indicating that the licensee engaged in discrimination. The licensee engaged in recruitment and hired and employed minorities and women. While 38% (11 of 29) of the licensee's applicant pools and 41% (12 of 29) of interview pools contained no minorities, we believe that its overall efforts were such that no forfeiture sanction is warranted. In this regard, the licensee maintained applicant flow records for all vacancies, recruited for 24 of 29 vacancies, contacted minority sources for 18 of its 29 vacancies (62%), and hired two Blacks, the only significantly represented minority group in the labor force, -- one for an upper-level position. It also offered upper-level positions to two other Blacks. Thus, the licensee hired or attempted to hire Blacks, who constitute 5.6% of the labor force, for 13.8% of overall and 12.5% of 24 upper-level vacancies. Further, we note that in two years of the license term, Blacks were employed in upper-level positions in excess of 50% of parity. Finally, it is clear that the licensee engaged in some self-assessment, adding sources six times over three years. Accordingly, renewal of the licenses is appropriate. 12. However, the licensee failed to use minority sources for 38% of vacancies, did not have minorities in 11 of its applicant and 12 of its interview pools, and failed to employ any minorities in five years of its license term. Accordingly, we impose reporting conditions to ensure that the licensee engages in sufficient self-assessment in the future. WLVL(AM), Lockport, New York 13. A review of the licensee's 1991 EEO Program Report, opposition to the petition to deny and response to our inquiry reveals that the licensee had seven full-time hiring opportunities from December 27, 1988, through September 25, 1990, all for upper-level sales positions. The licensee recruited for six of its vacancies, using general recruitment sources. Used for six openings were the Union Sun & Journal, Buffalo News, Niagara County Community College, and the Niagara Community Action Program. Used for five openings was the State University College at Buffalo. Used for three openings were the Eastern Niagara County Chamber of Commerce, Lock City Business and Professional Women's Club, Niagara County Head Start, Inc., Zonta Club of Lockport, New York State Employment Service, Medaille College, State University of New York, and Niagara University. The licensee reported no minority referrals from these sources but reported one minority referral from another station. The licensee used no minority recruitment sources. The licensee reported no minority interviewees and hired no minorities among its seven hires. 14. The NAACP argues that the licensee is located in the Buffalo, New York, MSA but improperly uses county labor force information for evaluating its EEO program because the county data shows fewer minorities. The NAACP criticizes the licensee for using no minority recruitment sources and for failing to propose remedial measures to improve its minority recruitment despite the fact that the licensee employed no minorities during the term. It argues that the licensee's hiring practices are inadequate to produce minorities in applicant pools. 15. The licensee responded that the NAACP is mistaken in its labor force argument. It stated that it is not included in the Buffalo MSA but is located in Niagara County, which is the same as the Niagara MSA. Despite this, the licensee claimed that it has tried to recruit minorities from the Buffalo MSA by using general recruitment sources in the Buffalo area, as indicated above. The licensee noted that minorities in the Niagara MSA total only 5.9% of the labor force and the dominant minority, Blacks, constitutes only 4.0%. The licensee further noted that the Commission does not require licensees to file an EEO program if minorities constitute less than 5% of the available labor force. See Broadcast EEO, supra at 3973. The licensee, even though it had just stated that minorities totalled 5.9% of the labor force, then erroneously argued that minorities total less than 5% of the Niagara MSA labor force and there is thus no issue in the instant case regarding whether it complied with the Commission's rule. Regarding minority recruitment sources, the licensee claimed that there are no minority organizations in the Niagara MSA other than the NAACP and that the NAACP was added to its source contacts at the end of the term. 16. After reviewing the record of Station WLVL(AM), we find no substantial and material questions of fact sufficient to warrant a hearing. See Astroline, supra. The licensee engaged in recruitment for six of its seven hires. We find no evidence indicating that the licensee engaged in discrimination. However, the licensee offered conflicting and partially incorrect arguments regarding whether it needed to include minorities in its EEO program. The licensee correctly identified itself as included in the Niagara MSA which has a labor force that is 5.9% minority (4.0% Black), thus, it must have an EEO program for minorities as well as for women. Regardless, we note that the licensee claims it recruited minorities. We also find to be without merit the licensee's argument that it is able to use only one minority source because there is only one such source in its MSA. This is unpersuasive because the licensee used general sources in the Buffalo MSA, which borders the Niagara MSA, and the licensee could presumably contact minority sources in the Buffalo area. Moreover, its general sources were totally unproductive in obtaining minority referrals, which should have prompted the licensee to add sources that were productive in obtaining minority referrals. 17. Furthermore, the licensee's recruitment efforts were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (five) of its seven full-time positions. Only one (14%) of the seven applicant pools and none of the interview pools contained minorities. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program, until the end of the term. In this regard, the licensee failed to use minority sources for any vacancies. Accordingly, a base forfeiture of $12,500 is warranted. See Policy Statement, FCC# 94-27 (Released February 1, 1994). 18. Further, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250, for a total forfeiture of $18,750. See Policy Statement, supra. 19. However, we note that minorities comprise less than 6% (5.9%) of the relevant labor force. Thus, a $6,250 downward adjustment in the forfeiture is appropriate. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $12,500 and renew the license subject to reporting conditions. WZSH(FM), South Bristol, New York 20. A review of the licensee's 1991 EEO Program Report, opposition to the petition to deny and response to our inquiry reveals that the licensee had 23 overall, including 21 upper-level, full-time hiring opportunities from February 15, 1988, through November 19, 1990. The licensee recruited for all of its vacancies and used the following general recruitment sources: Rochester Institute of Technology, University of Rochester, Geneseo State University, National Technical Institute for the Deaf, administrative director of the city school district, State University at Brockport, Monroe Community College, Women's Career Center, St. John Fisher College, Greater Resources for Older Workers, American Women in Radio and TV, Rochester Job Service Center, Department of Social Services, and the Governor's School and Business Alliance. The licensee used the following sources for 20 vacancies: United Neighborhood Centers, Coalition for Children's TV, Drug and Alcohol Council, Amalgamated Clothing Workers of America, Stratford School, Monroe County Health Department, Industrial Management Council, Citizens Tax League, and Medaille College. In May 1990, the licensee added the following general sources and used them for the three reported full-time hires from June to November 1990: Nazareth College, two vocational schools, Career Development Service, Rochester Women's Network, Women's Coalition, Educational Opportunity Center, and the New York Department of Labor. Its records on minority referrals are incomplete but it reported 21 minority referrals from general sources as follows: two campuses of the State University of New York (eight), University of Rochester (three), Job Service (two), New York Department of Labor (two), various unspecified business contacts (two), walk-ins (two), and unknown sources (two). 21. The licensee contacted minority recruitment sources for all openings as follows: Spanish Action Coalition, Puerto Rican Arts and Cultural Center, Metro Act of Rochester, Baden Street Settlement, Inc., Rochester Black Media Coalition, Ibero-American Action League, Action for a Better Community, and the Urban League. The licensee added the following minority sources and contacted them for the three full-time openings after May 1990: Puerto Rican Youth Development and Resource Center, National Association of Negro Business and Professional Women's Club of Rochester and Genesee Valley, National Council of Negro Women, and the Rochester Association of Black Communicators. It reported one minority referral from one minority source -- the Urban League. In addition to the recruitment sources listed above, the licensee reported that it occasionally used other stations, business associates, newspaper and magazine ads, and on-air ads for recruitment and started using on-air ads for all openings after October 1990. 22. The licensee stated that it started keeping complete records on applicants and interviewees effective with a full-time hire on March 29, 1989, but its records on the race of applicants and interviewees are incomplete prior to that date. The licensee stated, however, that it is certain that 22 minority applicants (18 Blacks, three Hispanics, and one Asian) applied for at least eight openings (seven upper-level) and that it interviewed 17 minorities. Of the 23 overall and 21 upper-level hires, two were minorities -- Black and Asian women hired for upper-level sales positions. 23. The NAACP argues that the licensee received two minority referrals from all sources during the renewal year and none from minority recruitment sources. It criticizes the licensee's EEO program because it cannot tell if minority sources were contacted for every opening. The petitioner also argues that minorities were inadequately represented in the licensee's hiring pools and that the licensee's employment of minorities was "token." 24. The licensee responded that the NAACP's criticism is unjustified because it is based on only part of its record. The licensee said it only listed examples of its recruitment sources instead of all of its sources because the EEO Program Report only requests examples. In addition to contacting a significant number of general and minority sources for all openings, as detailed above, the licensee noted that it assessed its efforts and changed its program several times. It reported that it added sources in January 1987, revised and increased record-keeping in December 1988, began making follow-up phone calls to minority sources in June 1989, expanded its source list and added minority sources in June 1990, and began advertising all openings on the air in October 1990. The licensee also claimed that more minorities were in more applicant pools than it has records for, but it cannot verify the actual count because its earliest records are incomplete. 25. After reviewing the record of Station WZSH(FM), we find no substantial and material questions of fact sufficient to warrant a hearing. See Astroline, supra. The licensee engaged in recruitment for all openings and hired and employed minorities and women. We find no evidence indicating that the licensee engaged in discrimination. While 65% (15 of 23) of the licensee's applicant and interview pools contained no minorities, we believe that its overall efforts were such that no forfeiture sanction is warranted. In this regard, the licensee recruited and contacted minority sources for all vacancies, and hired a Black applicant, the only significantly represented minority group in the labor force, for an upper-level position. It also hired an Asian for an upper-level position. Thus, the licensee hired minorities for 9.5% of its 21 upper-level vacancies. Further, we note that the licensee employed minorities in upper- level positions in excess of 50% of parity for the last two years of the five years it owned the station. Finally, it appears that the licensee engaged in self-assessment, adding sources, increasing record-keeping, and assessing its efforts. Accordingly, renewal of the licenses is appropriate. 26. However, the licensee's record-keeping was deficient for part of the license term, it failed to obtain minority applicants for most applicant pools, and it failed to employ minorities for the first three years of the term. Accordingly, we impose reporting conditions to ensure that the licensee has instituted adequate record-keeping and engages in sufficient self-assessment in the future. WHCU(AM)/WYXL(FM), Ithaca, New York 27. A review of the licensee's 1991 EEO Program Report, opposition to the petition to deny and response to our inquiry reveals that the licensee had 27 overall, including 20 upper-level, full-time hiring opportunities from May 1, 1988, through November 15, 1990. The licensee recruited for 15 of its vacancies and used the following general recruitment sources: Ithaca Journal (used for 12 vacancies), Ithaca College (six vacancies), Tompkins Cortland Community College (three vacancies), and New York Department of Labor (one opening). The licensee also claimed to have used the following sources for "several" openings but does not know the number: Syracuse University, Cornell University, and employee referrals. Two minority sources, the Greater Ithaca Activities Center and the Southside Community Center, were contacted by the licensee but it has no record of how often. Its records on minority referrals, applicants, and interviewees are incomplete. It knows it interviewed 21 persons for three positions but it failed to keep records of the interviewees' race or gender. Of the 27 overall and 20 upper-level hires, one was a minority -- an Hispanic woman hired for a full-time upper-level sales position. In addition, the licensee stated that it offered a sales position in 1987 to a Black male and a traffic manager position to an Asian woman but they both rejected the offers. The licensee also reported that it hired two Black women as receptionists in 1987. 28. The NAACP argues that the licensee promised, in its 1986 assignment application, to contact two Black organizations for openings and sponsor an intern program but that it failed to do so. Also, the NAACP criticizes the licensee for reporting no minority referrals, applicants, or hires. In addition, the petitioner states that the licensee, without meaningful explanation, filed its renewal applications on March 21, 1991, which was nearly two months late, and that the late filing "seriously" prejudiced the NAACP's ability to review the applications adequately. The petitioner argues that the late filing warrants dismissal of the applications or designation for hearing. 29. The licensee responded that the NAACP was mistaken about its implementation of an EEO program after it acquired the stations. It stated that it did contact the two Black organizations mentioned in its assignment application for "several" openings in 1986 and 1987. It said that they failed to provide minority referrals so they were not contacted very often after 1987. The licensee also said it implemented an intern program and got a Nelson A. Rockefeller Minority Intern grant in 1987. It stated that it advertised "heavily" on the air for "several" months to try to attract a minority applicant for the intern program but no one applied. The licensee established an intern program with Ithaca College which provided three to four interns from 1985-90. None were minorities. 30. It is undisputed that the licensee's recruitment records are incomplete and do not reflect the race of all applicants or interviewees. The licensee has stated that its "ongoing assessment of its EEO efforts has been inadequate because of deficient record-keeping and because it failed to contact recruitment sources for every job opening." It further stated that it has contacted three colleges since 1986 and placed ads in the Ithaca Journal and Radio & Records but received few minority referrals and did not document these recruitment contacts. The licensee supplied letters from two of the colleges verifying that they were contacted for openings but that they did not know the number of openings. 31. The licensee also stated that the NAACP was mistaken in its statement that the licensee hired no minorities. The licensee acknowledged that the reason for the mistake was the licensee's own mistake in listing as White an Hispanic woman hired for a full-time upper-level sales position during the renewal year. In addition, the licensee stated that it had difficulty attracting or keeping minority employees because their presence in the available labor force is low, the unemployment rate in the county is low, it has difficulty competing with two major colleges in the area which offer better employee pay and benefits, and that financial problems have hampered record- keeping. As examples, the licensee noted that it offered positions to two women, one of whom was Asian, who rejected the offers to accept other jobs which provided better benefits. Finally, the licensee noted that, in response to our inquiry letter, it implemented changes in its EEO program in the last days of the term. The changes included adding sources, including four minority sources and improving its record-keeping. The licensee did not explain the late filing of its renewal applications. 32. After reviewing the record of Stations WHCU(AM)/WYXL(FM), we find no substantial and material questions of fact sufficient to warrant a hearing. See Astroline, supra. The licensee engaged in recruitment and hired and employed minorities and women. We find no evidence indicating that the licensee engaged in discrimination. 33. However, the licensee's recruitment efforts were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (18) of its 27 full-time positions. The licensee could not report how many of its applicant or interview pools contained minorities or how many minority referrals it received. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program until the last days of the license term. In this regard, the licensee failed to recruit for 12 of 27 vacancies. In addition, it does not know for how many vacancies it may have used minority sources. Accordingly, a base forfeiture of $12,500 is warranted. See Policy Statement, supra. 34. Furthermore, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. Similarly, the combination of the above and and its large number of hiring opportunities (27) warrants a further $6,250 upward adjustment, for a total forfeiture of $25,000. The number and types of deficiencies described here also warrant a short-term renewal, absent any of the mitigating factors set forth in the Policy Statement. 35. However, we note that the licensee hired or offered to hire minorities in numbers greater than 100% of minority representation in the relevant labor force. Thus, a $6,250 downward adjustment in the forfeiture and removal of the short term renewal are appropriate. In addition, we note that the licensee employed minorities in numbers greater than 50% of minority representation in the relevant labor force for three years of its five-year period of ownership. Thus, a further $6,250 downward adjustment in the forfeiture is appropriate. Finally, we also note that the stations are located in an area in which minorities comprise less than 6% (5.4%) of the relevant labor force. Thus, another $6,250 downward adjustment in the forfeiture is appropriate. In light of the above, we will issue a Notice of Apparent Liability for $6,250 and renew the licenses subject to reporting conditions. 36. In addition, we find that no hearing is warranted regarding the licensee's late filing of its renewal application. Although the petitioner's review of the licensee's records may have been delayed, it still had ample time to review the licensee's Annual Employment Reports and had 40 days to review the rest of the information in the applications. Nevertheless, the licensee is admonished to comply with Commission regulations regarding filing of all documents. WGHQ(AM)/WBPM(FM), Kingston, New York 37. A review of the licensee's 1991 EEO Program Report, opposition to the petition to deny and responses to our inquiries reveals that the licensee had 35 overall, including 29 upper- level, full-time hiring opportunities from January 29, 1987, through October 15, 1990. The licensee recruited for 29 of its vacancies and used general recruitment sources for various numbers of openings. Used for nine to 17 openings were ads on the air, Broadcasting, Radio & Records, and the Radio and Television News Directors Association. Used for one to five openings were two local newspapers, employee referrals, six colleges, Job Network, New York State Job Service, American Job Market, the Society of Broadcast Engineers, YWCA, Zonta, Kingston Human Relations Commission, Junior League of Kingston, two branches of the League of Women Voters, Ulster County Community Action, and the Ulster County Business and Professional Women's Association. The licensee's records on minority referrals are incomplete but it reported minority referrals from these sources as follows: Broadcasting (three), New York State Job Service (two), and on-air ads (one). The only minority recruitment source used by the licensee was the NAACP, which was contacted for four openings and reported no minority referrals. The licensee's records on applicants and interviewees and applicant/interview pools are incomplete. Its records reveal that minorities were present in at least four applicant/interview pools (one upper-level). Two minorities were hired among the 35 hires, both Black women hired for clerical positions. 38. The NAACP argues that the licensee used one minority source and obtained only three minority referrals in the renewal year. It also argues that the licensee appears not to have recruited publicly for all openings and to have failed to propose any remedy for "its consistently poor EEO performance." It criticized the licensee's employment of minorities during the term as being merely "token." 39. The licensee responded that it has recruited minorities for openings and has hired minorities within Commission guidelines. It stated that it has had difficulty attracting minority applicants because there are few minority recruitment sources in its area and few minorities live in its labor force. It also stated that it has sent "many" notices of job openings to the local NAACP branch "over the years" but never got a referral until the last month of the term. It then received a referral of a Black applicant for a part-time upper-level announcer position, for which he was hired. The licensee argued that its employment of minorities was not discriminatory and it did not regard any of its minority employees as tokens. 40. After reviewing the record of Stations WGHQ(AM)/WBPM(FM), we find no substantial and material questions of fact sufficient to warrant a hearing. See Astroline, supra. The licensee engaged in recruitment and hired and employed minorities and women. We find no evidence indicating that the licensee engaged in discrimination. 41. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (23) of its 35 full-time positions. Only four (11%) of the 35 overall applicant and interview pools contained minorities. Only one (3%) of the 29 upper-level applicant and interview pools contained minorities. Thus, minorities were absent from 89% of the overall pools and 97% of the upper-level pools. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee failed to recruit for six of 35 vacancies. In addition, it failed to use minority recruitment sources for 31 vacancies. Accordingly, a base forfeiture of $12,500 is warranted. See Policy Statement, supra. 42. Furthermore, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. Similarly, the combination of the above and and its large number of hiring opportunities (35) warrants a further $6,250 upward adjustment, for a total forfeiture of $25,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $25,000, renew the licenses for a short term, and impose reporting conditions. V. CONCLUSION 43. After considering the information before us, we find that hearings are not warranted and the records of the licensees of WBNR(AM)/WSPK(FM), WZSH(FM), WHCU(AM)/WYXL(FM), WLVL(AM), and WGHQ(AM)/WBPM(FM) support grant of their renewal applications. The licenses of WBNR(AM)/WSPK(FM) and WZSH(FM) will be renewed subject to reporting conditions to ensure they maintain adequate EEO programs. The licenses of WHCU(AM)/WYXL(FM) will be renewed subject to a Notice of Apparent Liability for $6,250 and reporting conditions; the license of WLVL(AM) will be renewed subject to a Notice of Apparent Liability for $12,500 and reporting conditions; and the licenses of WGHQ(AM)/WBPM(FM) will be renewed subject to a Notice of Apparent Liability for $25,000, reporting conditions, and a short term because of their deficient EEO recruitment efforts. VI. ORDERING CLAUSES 44. Accordingly, IT IS ORDERED that the petition to deny filed by the NAACP against the licensees of WBNR(AM)/WSPK(FM), WZSH(FM), WHCU(AM)/WYXL(FM), WLVL(AM), and WGHQ(AM)/WBPM(FM) IS DENIED. 45. IT IS FURTHER ORDERED that the license renewal applications filed by Beacon Broadcasting Corporation for Stations WBNR(AM)/ WSPK(FM), Great Lakes Wireless Talking Machine Company for Station WZSH(FM), Eagle Broadcasting Company for Stations WHCU(AM)/ WYXL(FM), and Culver Communications Corporation, Inc. for Station WLVL(AM) ARE GRANTED subject to the EEO reporting conditions specified herein. 46. IT IS FURTHER ORDERED that the license renewal applications filed by Historic Hudson Valley Radio, Inc. for Stations WGHQ(AM)/WBPM(FM) ARE GRANTED FOR A SHORT TERM ending June 1, 1996, subject to the EEO reporting conditions specified herein. 47. IT IS FURTHER ORDERED that, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, this document constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $6,250 for the licensee of WHCU(AM)/WYXL(FM); $12,500 for the licensee of WLVL(AM); and $25,000 for the licensee of WGHQ(AM)/WBPM(FM). 48. IT IS FURTHER ORDERED that the licensees of Stations WBNR(AM)/WSPK(FM), WZSH(FM), WHCU(AM)/WYXL(FM), and WLVL(AM) file an original and one copy of the following information on February 1, 1995, February 1, 1996, and February 1, 1997, and that the licensee of Stations WGHQ(AM)/WBPM(FM) file an original and one copy of the following information on February 1, 1995, and February 1, 1996: (a) For each report, please make two lists divided by full-time and part-time job vacancies during the twelve months preceding the respective reporting dates, indicating the job title, date of hire, the race or national origin, sex and the referral source of each applicant for each job and the race or national origin and sex of the person hired. The list should also note which recruitment sources were contacted; (b) a list of employees as of the January 1, 1995, payroll period for the first report and as of the January 1, 1996, and the January 1, 1997, payroll periods for the second and third reports, by job title, indicating part-time or full-time status (ranked from the highest paid classification), date of hire, sex and race or national origin; (c) details concerning the station's efforts to recruit minorities for each position filled during the period specified, including identification of sources used and indicating whether any of the applicants declined actual offers of employment. In addition, the licensee may submit any relevant information with regard to the station's EEO performance and efforts thereunder. 49. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- one copy of this Memorandum Opinion and Order and Notice of Apparent Liability to all parties. 50. The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. Should the parties have any questions regarding this action, they may telephone the Mass Media Bureau's EEO Branch at 202-632-7069. Regarding the forfeiture proceedings, the licensees of WHCU(AM)/ WYXL(FM), WLVL(AM), and WGHQ(AM)/WBPM(FM) may take any of the actions set forth in Section 1.80 of the Commission's Rules, as summarized in the attachment to this Memorandum Opinion and Order and Notice of Apparent Liability. Any comments relating to their ability to pay should include those financial letters set forth in the noted attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary