FCC 94-106 - Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Applications of ) ) Commonwealth Broadcasting ) of Northern California ) ) For Renewal of License for ) File No. BRH - 90052940 Station KMZQ-FM ) ) Henderson, Nevada ) ) ) Broadcast Associates, Inc. ) ) For Renewal of Licenses for ) File Nos. BR - 900517YB Stations KFMS/KFMS-FM ) BRH - 900517YF Las Vegas, Nevada ) ) Arizona Lotus Corporation ) ) For Renewal of Licenses for ) File Nos. BR - 900531C3 Stations KTKT/KLPX-FM ) BRH - 900531YJ Tucson, Arizona ) MEMORANDUM OPINION AND ORDER AND NOTICES OF APPARENT LIABILITY Adopted: April 20, 1994 ; Released: April 28, 1994 By the Commission: Commissioner Quello concurring and issuing a statement. I. INTRODUCTION 1. The Commission has before it for consideration: (i) license renewal applications filed for the three captioned radio stations in Nevada; (ii) license renewal applications filed for the two captioned radio stations in Arizona; (iii) a Petition to Deny timely filed on September 4, 1990, by the Idaho/Nevada/Utah State Conference of Branches of the NAACP, the Arizona State Conference of Branches of the NAACP and various local NAACP branches (collectively "NAACP") against the renewal applications of the captioned broadcast stations; (iv) a Petition to Deny timely filed on September 4, 1990, by the National Hispanic Media Coalition and its member Richard Martinez (collectively "NHMC") against the renewal applications of Arizona Lotus Corporation for renewal of licenses for Stations KTKT/KLPX(FM); (v) oppositions from the licensees; and (vi) the licensees' responses to staff letters of inquiry. II. BACKGROUND 2. The NAACP and NHMC allege that the challenged stations violated our Equal Employment Opportunity (EEO) Rule and policies. Accordingly, both organizations request that we conduct an investigation of the stations' employment practices pursuant to Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978) (Bilingual), designate the renewal applications for hearing and, thereafter, deny the applications. The licensees charge that neither the NAACP nor the NHMC has presented evidence of discrimination, that the records indicate compliance with the Commission's EEO Rule, and that unconditional renewal is warranted. III. PLEADINGS 3. STANDING. 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.  309(d)(1); Astroline Communications Co. v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) (Astroline); Dubuque T.V. Limited Partnership, 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 knowledge of the facts alleged. 47 U.S.C.  309(d)(1). 4. Submitted with the NAACP petition is a statement under penalty of perjury from the president of the Arizona State Conference of Branches of the NAACP who states that he subscribes to the petition and would be seriously aggrieved if it is not granted. He does not indicate, however, whether he resides in Tucson or whether he listens to stations KTKT/KLPX-FM. The licensee of KTKT/KLPX-FM argues that this statement is not sufficient to confer standing on the NAACP. We find that the NAACP's statement does not meet the requirements for standing for the Arizona State Conference of branches of the NAACP. See American Legal Foundation v. FCC, 808 F.2d 84 (D.C. Cir. 1987) (American Legal Foundation); see also Petition for Rule Making to Establish Standards for Determining the Standing of a Party to Petition to Deny a Broadcast Application, 82 FCC 2d 89 (1980) (citing Warth v. Seldin, 422 U.S. 490, 511 (1975)). Therefore, we will treat the NAACP's pleading as an informal objection pursuant to 47 C.F.R.  73.3587. See Michigan/Ohio Broadcast Renewals, 3 FCC Rcd 6944 (1988); see also KDEN Broadcasting Company, 55 Rad. Reg. (P & F) 1311, 1311-12 (1984). Also submitted with the NAACP petition is a statement under penalty of perjury from the president of the Las Vegas Branch of the NAACP. He states that he is a regular listener to KMZQ-FM (Henderson) and KFMS/KFMS-FM (Las Vegas) and that he would be seriously aggrieved if the petition is not granted. The licensee of KMZQ- FM argues that that the declaration of the president of the Las Vegas Branch of the NAACP is insufficient to establish standing on his behalf, and subsequently, on behalf of the NAACP or its members, and that the NAACP's petition should be treated as an informal objection. The licensee of KFMS/KFMS-FM does not challenge the NAACP's standing. We find that the statement of the president of the Las Vegas Branch of the NAACP meets the requirements for standing. Accordingly, we hold that the Idaho/Nevada/Utah State Conference of Branches of the NAACP and its affiliate branches have petitioner status against stations KMZQ-FM and KFMS/KFMS-FM. American Legal Foundation, supra. 5. The NHMC petition includes a sworn statement from Richard Martinez, a member of NHMC, who states that he resides in Tucson and listens to stations KTKT/KLPX-FM. The licensee of KTKT/KLPX- FM does not challenge the standing of NHMC and Mr. Martinez. We hold that the NHMC and Mr. Martinez have petitioner status against stations KTKT/KLPX-FM. American Legal Foundation, supra. IV. DISCUSSION 6. PRIMA FACIE CASE. The NAACP and the NHMC derived their factual allegations from the licensees' EEO programs and annual employment reports. Review of the licensees' EEO records led us initially to conclude that the NAACP and the NHMC presented a prima facie case against the five stations demonstrating that unconditional grant of the renewal applications would have been inconsistent with the public interest. Section 309(d)(1) of the Communications Act of 1934, 47 U.S.C.  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. 7. Review of the NAACP's and the NHMC's EEO allegations, as well as each licensee's renewal applications, opposition and inquiry response, leads us to conclude that there are no substantial and material questions of fact warranting designation for hearing. In addition, we find no evidence of employment discrimination. Thus, grant of each application will serve the public interest. 47 U.S.C.  309(d)(2); Astroline, supra. However, we will grant renewal with appropriate remedies and sanctions. 8. Section 73.2080 of the Commission's Rules, 47 C.F.R.  73.2080, 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 minorities and women and the licensee's ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective action if qualified minorities and women are not present in the applicant pool. The Commission also focuses on any evidence of discrimination by the licensee. See Sections 73.2080(b) and 73.2080(c), 47 C.F.R. Section 73.2080(b) and 73.2080(c). 9. When the 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)(Broadcast EEO), petition for recon. pending; see also 4 FCC Rcd 1715 (1989)(request for clarification by the National Association of Broadcasters). See e.g., Beaumont, supra; Bilingual, supra. KMZQ-FM, Henderson, Nevada 10. Review of the licensee's consolidated opposition and inquiry response, as well as its renewal application, indicates that the licensee filled 35 full-time positions, including 27 upper-level job vacancies from December 28, 1988, to September 1, 1990. In its renewal application, the licensee indicates minority referrals from its contacts with the Las Vegas Review Journal (five), University of Nevada-Las Vegas (one), Women In Communications (one), and two minority referrals from its employees. In December 1990, the licensee filed an amended renewal application in which it reports an additional minority referral from the Nevada Employment Security Division, and seven minority referrals as a result of walk-in applicants and mailed- in resumes. In sum, the licensee reported 28 minority referrals, but could identify the referral sources for only 17 minorities. KMZQ-FM also used the following recruitment sources, but did not report any minority referrals from: Latin American Press/Spanish News, Radio & Records, National Broadcasting School, Clark County Community College, the NAACP, Indian Center of Las Vegas and the Communicator. After a review of its EEO program in May 1990, a month before it had to file its renewal application, the station added general and minority referral groups for a total of 32 recruitment sources which it identifies in its inquiry response as "List 2." Our review indicates that for the 35 full-time jobs, the licensee conducted recruitment in this manner: no recruitment for 10 jobs; List 1 plus newspaper advertisements or an employment service for 10 jobs; Radio & Records for five jobs; advertisements in the Communicator for three jobs; List 2 for three jobs; List 1 for two jobs; List 2 plus newspaper advertisements for two jobs. Although the licensee did not provide information on the total number of applicants, it appears that KMZQ-FM attracted at least 28 minorities (13 Hispanics, 13 Blacks, 2 Asian-Pacific Islanders) in 13 applicant pools, seven of which were for upper-level jobs. It is unclear from the data how many minorities were interviewed. Most of the minorities were attracted to upper-level job pools after May 1990. Four minorities (three Hispanics, one Black) were hired, including two Hispanics for upper-level positions. 11. The NAACP notes that the licensee's renewal application shows no minority referrals from KMZQ-FM's contact with the Indian Center of Las Vegas, and it claims that the local NAACP chapter has no record of receiving employment notifications from the station. Moreover, the NAACP objects to the station's reliance on the general circulation newspaper which produced only five minority referrals, saying that it limits minority participation at the station. Thus, the NAACP advocates use of more minority specific recruitment sources to attract applicants for each vacancy. Based on the renewal application, argues the NAACP, the inadequacy is evidenced by the hire of only one minority for an upper-level job in the last 12 months of the license term. 12. In response, the licensee states that it considers a strong affirmative action program a high priority because an Hispanic general partner controls more than 50% of the company. While stating that station records are incomplete, it submits copies of recruitment letters sent to the NAACP in Las Vegas and Baltimore, announcing a receptionist and sales vacancy. It further contends that reliance on the newspaper for applicants does not necessarily adversely affect minorities. In conclusion, the licensee states that it hired two minorities for upper-level positions during the renewal year, not one minority as asserted by the NAACP. The station explains that a male sales executive hired during the renewal year was a minority, a fact it was "unable to establish prior to the filing of the renewal application." 13. Further, the licensee states that it acquired the station 17 months prior to filing its renewal application and due to its many administrative and management concerns, " ... was in no position to reevaluate its Affirmative Action Program at an earlier date." According to KMZQ-FM, it hired a business manager in May 1990 who reevaluated the station's EEO program, expanded the recruitment sources, and mailed recruitment letters. The station indicates that the new sources have resulted in "numerous minority referrals for every position vacancy" that occurred after review of the employment procedures. It asserts that it has succeeded in increasing minority recruitment and employment during its tenure because only one minority was employed at KMZQ-FM when it was acquired. 14. Our investigation of the subject period record raises no substantial or material questions of fact warranting designation for hearing. See Astroline, supra. Likewise, it does not appear that the licensee engaged in employment discrimination. KMZQ-FM recruited, attracted and hired minorities during its tenure. Accordingly, grant of the station's renewal is warranted. 15. However, the licensee's recruitment efforts to attract qualified minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (23 jobs) of its 35 full-time positions. Our investigation indicates that minorities were included in only 13 (37%) of the applicant pools and 4(11%) of the interview pools. Thus, minorities were absent from 63% of the applicant pools and 89% of the interview 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, KMZQ-FM could not demonstrate that it affirmatively recruited for every vacancy. For example, for 18 of KMZQ(FM)'s 35 hiring opportunities, the licensee either failed to recruit or made minimal recruitment contact. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, FCC 94-27 (released January 31, 1994). 16. In addition, an upward forfeiture adjustment of $6,250 is appropriate due to the large number of hiring opportunities (35) during the license term. See Policy Statement, supra. Therefore, we will renew KMZQ-FM's license subject to reporting conditions and issue a Notice of Apparent Liability for $18,750. KFMS/KFMS-FM, North Las Vegas, Nevada 17. Review of the licensee's renewal applications, opposition and inquiry response indicates that during the period May 1, 1987, to May 1, 1990, the licensee filled 28 full-time job vacancies, including 21 upper-level positions. The licensee reports the following minority referrals: Radio & Records (three), the National Broadcast School (one), a minority referral from an employee, and a minority walk-in applicant. As part of its recruitment efforts, KFMS/KFMS-FM indicates that along with placing advertisements in two local general circulation newspapers, it contacted, but did not receive minority referrals from, these sources: Economic Opportunity Board of Clark County, Mexican Patriotic Committee, the NAACP, Las Vegas Paiute Tribal Council, Nevada Association of Latin Americans, the Gavin Report, Las Vegas Chapter of Women In Communications, Inc., and the Vietnam Veterans of America. KFMS/KFMS-FM did not indicate whether these sources were contacted for each vacancy during the three-year period, or whether certain sources were contacted for particular positions. In this regard, it states that it has not retained records of the recruitment sources used for each position or the number of applicants referred by a particular source for jobs filled from November 1987 to September 1990. It appears that the licensee did not recruit for 13 of the overall 28 vacancies. For four jobs, the licensee contacted a temporary employment agency and hired each of the temporary employees for permanent full-time jobs. For an additional four hires, the licensee recruited through Radio & Records. Advertisements were placed in a local newspaper for a further three vacancies. The stations contacted National Broadcasting School for two jobs. For one job, the licensee used Women In Communications and placed an advertisement in a local newspaper. A national computer service was contacted for an additional job. 18. The stations claim that during the license term, ten of its openings were for announcer positions, and that it was difficult to identify the race or national origin of candidates in those applicant pools because they submitted resumes and voice tapes. KFMS/KFMS-FM explains that it does not request announcer applicants to indicate their race on resumes and it does not conduct interviews for these positions. The only method for race identification, according to the licensee, is voice characteristics on the audio tapes which applicants submit. KFMS/KFMS-FM did not submit any applicant flow data based on the results of its review of the submitted audio tapes. The licensee reports 229 applicants for nine of the 28 full-time positions, including nine minorities (five Hispanics, two Blacks, one American Indian and one Asian-Pacific Islander) for seven of the 28 jobs. Seven minorities (four Hispanics, one Black, one American Indian, one Asian-Pacific Islander) applied for five upper-level positions. Further, the licensee did not indicate the number of interviewees. Of the 28 full-time hires, three were minorities: one Black, one Hispanic, one American Indian. The American Indian was hired for an upper-level job. 19. The NAACP faults the licensee for failing to identify any minority organizations as recruitment sources on its renewal applications -- particularly given the results of the stations contacts with Radio & Records and general circulation papers. According to the NAACP, the licensee received only seven minority applicants and hired only one minority from use of those sources in the renewal year (May 1, 1989, to May 1, 1990). The NAACP charges that, notwithstanding this lack of qualified minority applicants, the licensee "proposes nothing whatever to rectify its deficient EEO record." 20. KFMS/KFMS-FM responds that its failure to contact specific minority sources from May 1989 to May 1990 is not enough to challenge its renewal applications. The stations state that the NAACP has no basis on which to allege that it has no meaningful EEO program proposed for the next license term, and that such a program is not required. The licensee claims that the NAACP's argument regarding its "token employment" of one minority during the renewal year is unfounded. KFMS/KFMS-FM states that it hires the most qualified applicants, and that its minority hiring over the license term has been at 118% of parity of the minority labor force in the Las Vegas area. 21. Our review of the record discloses no substantial and material questions of fact warranting designation for hearing. See Astroline, supra. We also find no evidence of employment discrimination. Minorities applied, were interviewed and hired for full-time and upper-level job vacancies. Accordingly, grant of the renewal applications is appropriate. 22. However, the licensee's recruitment efforts to attract qualified minority applicants were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for least 66% (18 jobs) of its 28 full-time vacancies. Our investigation indicates that minorities were included in seven (25%) of the 28 overall applicant pools and three (11%) of the 28 overall interview pools. Additionally, minorities were present in five (24%) of the 21 upper-level applicant pools and one (5%) of the 21 upper-level interview pools. Thus, minorities were absent from 75% of the overall applicant pools and 89% of the overall interview pools. Further, minorities were absent from 76% of the upper-level applicant pools and 95% of the upper- level interview 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. We note that the licensee failed to conduct affirmative recruitment for 13 vacancies, a significant number of hiring opportunities. Moreover, despite the low number of minority applicants, KFMS/KFMS-FM did not seek productive sources more likely to refer qualified minorities. Thus, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. 23. In addition, 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-four full-time positions indicates egregiousness, warranting an upward adjustment of $6,250. Also, an upward adjustment of $6,250 is appropriate due to the large number of hiring opportunities (28) during the license term. The combination of the foregoing deficiencies, justifies 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. Accordingly, we will renew the licenses for less than a full term subject to reporting conditions and issue a Notice of Apparent Liability for $25,000. KTKT/KLPX-FM, Tucson, Arizona 24. Review of the licensee's renewal applications, opposition and inquiry response reveals the licensee filled 27 full-time positions, including 20 upper-level vacancies from May 1, 1987, to April 30, 1990. For those positions, the licensee reported receiving minority referrals from the Arizona Daily Star (five), an unidentified newspaper (three), the Tucson Citizen (three), employee referrals (one), and personal references (one). In addition, the stations indicate that it "biannually sought referrals" from ten personnel and job placement agencies, six educational organizations/institutions, seven minority organizations, six women's groups and two newspapers and attracted 68 minority referrals (55 Hispanics, eight Blacks, three Asian-Pacific Islanders, and two American Indians). KTKT/KLPX-FM did not report that the biannual contacts were for specific positions. The licensee indicates that all of its minority referrals completed applications, however, it did not maintain complete data on which of these minorities were interviewed. The stations report that two Hispanics and two Asian-Pacific Islanders were hired for upper-level jobs and two additional Hispanics for lower-level jobs. 25. The NAACP asserts that KTKT/KLPX-FM failed to make meaningful contact with its sources as evidenced by the low number of minority referrals (six) during the reporting year (May 1, 1989, to April 30, 1990), and the low number of minority hires, only two out of 15, for lower level jobs. It concludes that these few minority referrals, "given what may be presumed to be a nearly all white non-affirmative action pool of ... applicants," indicates that minorities had few interviewing and hiring opportunities at the stations. 26. The NHMC also argues that the stations' EEO program is inadequate and that the licensee made "virtually no effort" to recruit minorities, particularly Hispanics. According to the NHMC, KTKT/KLPX-FM has not complied with the FCC's processing guidelines regarding employment of Hispanics, particularly for upper-level jobs. Finally, the NHMC argues that the licensee's failure to propose reforms in its minority recruiting program -- despite its lack of Hispanic hiring and few minority referrals -- indicates that KTKT/KLPX-FM failed to conduct any self-assessment, thereby violating our EEO Rule. 27. The licensee of KTKT/KLPX-FM responded in a joint opposition to the petitions of the NAACP and the NHMC. The stations did not specifically address the NAACP's contention that it did not abide by its 1983 proposed EEO program and further develop its recruitment contacts. However, the licensee asserted that, on the whole, it has taken appropriate steps to comply with its EEO- related obligations. Regarding its failure to report minority referrals from its minority and female recruitment sources, including the NAACP, the stations respond that the NAACP never referred anyone to KTKT/KLPX-FM for employment. Moreover, it adds, neither the NAACP nor the NHMC have suggested other organizations as recruitment contacts. The licensee does not address either the NAACP's or the NHMC's charges of low minority hiring rates in the renewal year. It states that it has recently implemented a procedure to maintain data for all vacancies and determine the race, gender and referral source of all applicants. 28. Based on the foregoing, we find no substantial or material questions of fact to warrant a hearing. See Astroline, supra. Moreover, we find no evidence in the record of employment discrimination. KTKT/KLPX-FM attracted, interviewed and hired minorities during the three-year review period. Thus, grant of the renewal applications is appropriate. 29. However, the licensee's recruitment efforts to attract qualified minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (18 jobs) of its 27 full-time hires. Our investigation reveals that minorities were included in six (22%) of the 27 overall applicant and interview pools. Also, minorities were included in only four (20%) of the 20 upper-level applicant and interview pools. Thus, minorities were absent from 78% of the overall applicant and interview pools and 80% of the upper-level applicant and interview 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, we are troubled that the majority of KTKT/KLPX-FM's hires resulted from employee or personal referrals and few records were available for self- assessment. Therefore, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. 30. Additionally, 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-four full-time positions indicates egregiousness, warranting an upward forfeiture adjustment of $6,250. Also, an upward adjustment of $6,250 is appropriate due to the large number of hiring opportunities (27) during the license term. The combination of the foregoing deficiencies, along with the large minority labor force (23.5%) justifies a further upward adjustment of $6,250, for a total forfeiture of $31,250. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. 31. However, we note that KTKT/KLPX-FM hired minorities during the review period from May 1, 1987, to April 30, 1990, at a rate equal to 50% of the minority representation in Tucson. 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 $25,000, renew the licenses for a short term and impose reporting conditions. V. CONCLUSION 32. Upon review of the record, we find that grant of the renewal applications is justified in all cases. However, for Stations KFMS/KFMS-FM and KTKT/KLPX-FM renewal is granted for less than a full term, ending October 1, 1995. To ensure that better efforts are taken with respect to their EEO programs, we will impose reporting conditions on all licensees. Further, by this Order, we will issue Notices of Apparent Liability for $18,750 against the licensee of Station KMZQ-FM; $25,000 against the licensee of Stations KFMS/KFMS-FM; and $25,000 against the licensee of Stations KTKT/KLPX-FM. VI. ORDERING CLAUSES 33. Accordingly, IT IS ORDERED that the Petition to Deny filed by the Idaho/Nevada/Utah State Conference of Branches of the NAACP and its affiliate branches IS DENIED. 34. IT IS FURTHER ORDERED that the Informal Objection filed by the Arizona State Conference of Branches of the NAACP IS DENIED. 35. IT IS FURTHER ORDERED that the Petition to Deny filed by the National Hispanic Media Coalition and its member Richard Martinez against the renewal applications of Arizona Lotus Corporation for renewal of licenses for Stations KTKT/KLPX-FM IS DENIED. 36. IT IS FURTHER ORDERED that the license renewal application for Station KMZQ-FM IS GRANTED, subject to the reporting conditions specified herein, and pursuant to Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $18,750. 37. IT IS FURTHER ORDERED that the license renewal applications for Stations KFMS/KFMS-FM ARE GRANTED FOR A SHORT TERM ending October 1, 1995, subject to the reporting conditions specified herein, and pursuant to Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000. 38. IT IS FURTHER ORDERED that the license renewal applications for Stations KTKT/KLPX-FM ARE GRANTED FOR A SHORT TERM ending October 1, 1995, subject to the reporting conditions specified herein, and pursuant to Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000. 39. IT IS FURTHER ORDERED that the licensees of Stations KMZQ-FM, KFMS/KFMS-FM, and KTKT/KLPX-FM submit to the Commission an original and one copy of the following information on June 1, 1995, June 1, 1996, and June 1, 1997: (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 and FCC job category, date of hire, the race or national origin, sex and the referral source or 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 all employees as of the May 1, 1995, payroll period for the first report and as of the May 1, 1996, and May 1, 1997, payroll periods for the second and third reports by job title and FCC job category, indicating full-time or part-time status (ranked from highest paid classification), date of hire, sex and race or national origin; and (c) Details concerning the station's efforts to recruit minorities for each position filled during the 12- month periods 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 information it believes relevant regarding the station's EEO performance and its efforts thereunder. 40. 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 Notices of Apparent Liability to all parties. 41. The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. 42. Should you have any questions regarding this action or require further information concerning employment reports, you may call the Mass Media Bureau's EEO Branch at (202) 632-7069. With respect to the forfeiture proceeding, the licensee may take any of the actions set forth in Section 1.80 of the Commission's Rules, 47 C.F.R. Section 1.80, as summarized in the attachment to this Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary