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BR-910322YT ) BRH-910322YS For renewal of license of ) Stations WHCU(AM)/WYXL(FM) ) Ithaca, New York ) MEMORANDUM OPINION AND ORDER Adopted: May 21, 1996; Released: June 19, 1996 By the Commission: 1. The Commission has before it: (1) a Petition for Reconsideration of Beacon Broadcasting Corporation, 9 FCC Rcd 2132 (1994) ("Beacon") filed May 31, 1994, by the New York State Conference of Branches of the NAACP and its respective branches ("NAACP") in so far as that decision granted the above-captioned renewal applications; and (2) an opposition to the NAACP's petition filed June 20, 1994, by Eagle Broadcasting Company, Inc. ("Eagle"), licensee of Stations WHCU(AM)/WYXL(FM). For the following reasons, we deny the NAACP's petition. 2. In Beacon, we granted the NAACP standing as a petitioner to deny the license renewal applications of Stations WHCU(AM)/WYXL(FM). We concluded therein, however, that there was no evidence that the licensee had engaged in discrimination. We found that the licensee had engaged in recruitment and hired and employed minorities during the license terms. Accordingly, we denied the NAACP's Petition to Deny and granted the renewal applications. However, because the licensee did not consistently engage in efforts to attract minorities or otherwise conduct meaningful self-assessment of its program, we imposed a forfeiture of $6,250, as well as reporting conditions. 3. Reconsideration is appropriate only where the petition shows either a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub. nom., Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C) Cir. 1965), cert. denied, 383 U.S. 967 (1966); 47 C.F.R Section 1.106. Applying this standard to the instant case, we conclude that reconsideration is not warranted with respect to our disposition of Eagle's applications for renewal of license of Stations WHCU(AM)/ WYXL(FM). 4. In seeking reconsideration, the NAACP does not dispute any specific factual finding concerning Stations WHCU(AM)/WYXL(FM). Rather, for the most part, the NAACP faults the decision for not ordering a hearing based upon the licensee's recruitment and hiring record with respect to minorities. However, we fully considered the licensee's record and efforts in reaching our decision. As we have repeatedly stated, reconsideration will not be granted for the purpose of debating matters on which we have already deliberated and spoken. See, e.g., Isis Broadcast Group, 8 FCC Rcd 24 (Rev. Bd. 1992), citing WWIZ. Moreover, while the NAACP argues that we should have reviewed the entire five year period during which Eagle was the licensee of Stations WHCU(AM)/WYXL(FM), the NAACP provides no basis upon which to conclude that the three year period we did review was not indicative of the licensee's overall record. 5. The NAACP does, however, raise one new issue on reconsideration, namely, the impact of an offer to hire a minority. As explained herein, we are addressing this issue because the NAACP did not have an opportunity to raise this matter prior to our decision in Beacon. In Beacon, we noted that the licensee had made offers of employment to two minorities, both of whom rejected the offers. We considered these offers as mitigating factors in determining the amount of the forfeiture and whether to grant renewal for a full term or for less than a full term. We also considered various other factors in mitigation before determining the amount of the forfeiture. The NAACP argues that a licensee's offer to hire a minority should not be considered in determining whether to designate a license renewal application for hearing, or whether to impose a short-term renewal. The NAACP contends that an offer to hire a minority should be considered only with respect to whether a forfeiture would be reduced or imposed. The NAACP further submits that an offer to hire should be considered for this limited purpose only when we can reasonably conclude that a bona fide offer had in fact been made. 6. In Beacon, our decision to renew the licenses of Stations WHCU(AM)/WYXL(FM) rested on our determination that there was no evidence of discrimination because the licensee had engaged in minority recruitment and had hired and employed minorities. However, we also imposed sanctions because the licensee had not fully complied with our EEO Rule. In determining what sanctions to impose, we referred to Standards for Assessing Forfeitures for Violations of the Broadcast EEO Rules, 9 FCC Rcd 929 (1994) ("EEO Policy Statement"). The EEO Policy Statement established non-binding guidelines for assessing forfeitures for violations of our EEO Rule and for determining whether to grant renewal for less than a full term. Earlier this year, we vacated the EEO Policy Statement and announced that we would continue our recent practice of making forfeiture decisions by relying on case precedent. See Streamlining Broadcast EEO Rule and Policies, 11 FCC Rcd 5154 (1996). The NAACP cites no case, and we are aware of none, which imposes a short-term renewal in circumstances akin to those present in the instant case. Thus, consideration of offers to hire in Beacon could not be more than harmless error, and we conclude that full term renewals are appropriate even if no credit is given to the licensee's offers to hire minorities. 7. As the NAACP has not demonstrated that our original decision contained a material error or omission, its petition is denied. 8. Accordingly, IT IS ORDERED, that the Petition for Reconsideration, filed May 31, 1994, by the NAACP concerning the license renewal applications of Stations WHCU(AM)/WYXL(FM) IS DENIED. 9. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail--Return Receipt Requested, copies of this Memorandum Opinion and Order to the NAACP and the licensee of Stations WHCU(AM)/WYXL(FM). FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary