WPC4 2HBVX@Z3|P  (TT)7PC2X DXP\  P6QXP"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 4/4MtScriptitional)HPLAS4.WRSSXP\  P6Q,,g 6XP2 z@@3|P "5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2b ZF  3  HP LaserJet 4/4MtScriptitional)HPLAS4.WRSSXP\  P6Q,,g 6XPTimes New Roman (TT)Times New Roman (Bold) (TT)02-29-96 01:45p  -2Pv p kz k a8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# 2v'ta2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# 2   ' a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# 2 yAa5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p 2sTech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2,'a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   2^#3'Za7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:leads us to conclude that there are no substantial and material questions of fact warranting  xdesignation for hearing. In addition, we find no evidence of employment discrimination. Thus,  X"- xgrant of each application will serve the public interest. 47 U.S.C.  309(d)(2); Astroline. "" ,))qq!"  xHowever, we will grant renewal with appropriate remedies and sanctions for deficiencies in EEO performance.  X- III. DISCUSSION ă  X- ` $x8.` ` Section 73.2080 of the Commission's Rules, 47 C.F.R.  73.2080, requires that a  xbroadcast licensee refrain from employment discrimination and establish and maintain an EEO  x=program reflecting positive and continuing efforts to recruit and promote qualified women and  xminorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts  xto recruit and promote qualified women and minorities and the licensee's ongoing assessment of  xits EEO efforts. Such an assessment enables the licensee to take corrective action if qualified  xminorities and women are not present in the applicant pool. The Commission also focuses on  X -any evidence of discrimination by the licensee. See Sections 73.2080 (a), (b) and (c).~X $ yOe - x#C\  P6QP#э The licensees are reminded that under our EEO Rule, 47 C.F.R.  73.2080, they have an obligation to recruit  xfor females and minorities for each vacancy. To the extent that the licensees failed to do so, female, as well as minority, employment is affected.~  X - KRDU(AM)/KJOIFM, Dinuba, California   X- ` x9.` ` Review of the licensee's renewal applications, opposition and inquiry responses  xreveal that the licensee hired three fulltime, upperlevel employees from July 1, 1987, to June  Xb- x>30, 1990.b$ yO-#C\  P6QP#э The current license term ended December 1, 1990. The first position filled during the review period was a sales position for which a  xwhite male was hired in July 1987. The licensee reportedly contacted Los Nuevos Horizontes,  xthe Cutler Latin American Club, Dinuba Junior Women's Club, the California Employment  xMDevelopment Department in Fresno and Visalia, Kings River Community College, California  X- xiState UniversityFresno and the Fresno Bee. The licensee reported receiving "several unqualified  x[applicants" and no minority applicants. The licensee did not provide the number, gender, race  xor national origin of the unsuccessful applicants or the interviewees. The successful candidate was referred by a station employee.  X- ` x10.` ` KRDU(AM)/KJOIFM's second hire during this period was an Hispanic woman  xhired to fill an announcer/producer position in August 1988. The licensee provided copies of  Xe- xadvertisements it placed in the Fresno Bee, and the Visalia TimesDelta, and invoices for ads  XN- xplaced in the Modesto Bee, and Bakersfield Californian.XNx$ yOw"- x#C\  P6QP#э The licensee also stated that its general manager, Scott Moseley, "firmly believes" that the stations also sent  xwjob notices to the organizations on its recruitment list. However, the stations have neither submitted an affidavit by Mr. Moseley, nor otherwise provided evidence that they contacted these organizations.  The licensee did not provide applicant  xor interview data for this position. Similar to the sales vacancy, this vacancy's successful candidate was referred by a station employee. " ,))qq["Ԍ X- ` *x11.` ` For its final hire, the licensee employed a White male as an  X- xyannouncer/operator/producer/newsperson in April 1989.$ yOb-#C\  P6QP#э An Hispanic woman was allegedly initially offered the position, but refused it. The licensee submitted a copy of an  X- xLad placed in the Hanford Sentinel, and also claims to have advertised in two other newspapers  X- xas well as over the air on its stations. X$ yO- x<#C\  P6QP#э In addition, the licensee states that David Hofer, President of Radio Dinuba, "recalls that KRDU(AM) sent  xa notice of the job opening" to seven organizations, including two Hispanic groups and one women's organization.  xkAgain, the licensee did not submit an affidavit from the individual who claims to have knowledge of these recruitment efforts. The stations report attracting 15 applicants and  xinterviewees, one of whom was a minority (Hispanic). The successful candidate was referred via  x<a friend who heard a job announcement on the radio. In sum, the licensee recruited using general  xsources for all three (100%) vacancies, and contacted minority sources for one (33.3%) position.  xIn addition, the licensee provided applicant and interview data for one (33.3%) of its three hires.  xThe licensee offered positions to two minorities (Hispanics) during this period. The Hispanic  X1-individual who was hired is also the only female hired during the review period. 1@$ yO"- x#C\  P6QP#э According to 1980 Census Data, the VisaliaTularePorterville Metropolitan Statistical Area, in which  xKRDU/KJOI(FM) is located, had an available labor force that was 39.4% female and 31.1% minority (1.0% Black,  x26.7% Hispanic, 2.4% Asian/Pacific Islander, and 1.0% American Indian). The licensee's 1984 Annual Employment  xReport lists one (7.1%) minority (Hispanic) and three females (21.4%) among 14 fulltime employees, and one  x(7.7%) minority (Hispanic) and two (15.4%) females among 13 upperlevel employees. The 1985 Report lists three  x(21.4%) minorities (3 Hispanics) and two (14.3%) females among 14 employees overall, and three (23.1%) minorities  x(3 Hispanics) and one (7.7%) female among 13 upperlevel employees. In its 1986 Report, the licensee listed one  xw(7.1%) minority (Hispanic) and two (14.3%) females on its staff of 14, and one (7.7%) minority (Hispanic) and one  x-(7.7%) female on its upperlevel staff of 13. The 1987 Report listed one (5.6%) minority (Hispanic) and three  xh(16.7%) females among 18 employees overall, and one (5.9%) minority (Hispanic) and two (11.8%) females among  xw17 upperlevel employees. In 1988, the licensee reported no minorities on its staff of 18, and two (11.1%) females,  xone (5.9%) of whom was among 17 upperlevel employees. The 1989 Report listed no minorities on a staff of 18,  xand two (11.1%) females, one (5.9%) of whom was among 17 upperlevel employees. In 1990, the licensee listed  xone (5.6%) minority (Hispanic) and two (11.1%) females on a staff of 18, and one (5.9%) minority (Hispanic) and one (5.9%) female among 17 upperlevel employees.  X -  X - ` x12.` ` The NAACP questions the licensee's claim that it had no hires during the last 12  xmmonths of its license term, noting that KRDU(AM)/KJOIFM's 1990 and 1989 Annual  xEmployment Reports are not identical. Further, the NAACP claims that in its 1983 EEO  xProgram, the licensee "promised" to recruit using two Hispanic organizations, but that no  x<Hispanic sources were listed on the stations' 1990 renewal application. Finally, the NAACP takes  xkissue with the licensee's claim that many of the minorities in the Dinuba area are agricultural  xworkers who lack the English language skills needed for employment in the broadcast industry.  xThe NAACP notes that many nonminorities are also employed in agriculture, and that the  xylicensee has not provided evidence of a lack of qualified minorities. According to the NAACP, the licensee's characterization of the minority community may be "a pretext for discrimination."  R ",))qq"  R   X- ` Ax13.` ` In response, KRDU(AM)/KJOIFM confirms that it did not have any hires during  xthe oneyear period (July 1, 1989, through June 30, 1990) covered in its 1990 Annual  x Employment Report. The licensee explains that the discrepancy between its 1990 and 1989  xReports results from the reclassification of an employee who was hired in 1984 and was  xmistakenly categorized as White on its Annual Employment Reports until he was correctly  Xv- xreported as Hispanic in 1990. v$ yO- x#C\  P6QP#э We note that the licensee did not file an amended Annual Employment Report reflecting the reclassification in any year of the license term. In its opposition, the licensee reports contacting Los Nuevos  xHorizontes and the Cutler Latin American Club during its license term, but states it did not report  xLthis contact on its renewal applications because it had no hires, and thus no reason to contact  xthese sources, during the twelve months prior to filing the applications. According to the  x1licensee, an unusually high rate of stability among its staff has resulted in few hiring opportunities, preventing it from significantly altering its employment profile.  X - ` x14.` ` Further, the licensee maintains that, according to U.S. Census statistics, "many  X - x-persons in the area do not speak English and many do not have even a high school education."  $ yO- xy#C\  P6QP#э Citing U.S. Census data, the licensee states that 28.4% of the Visalia MSA speaks a language other than  yOW- x+ English at home. 1980 Census of Population (California), at Table 56. Further, it reports that "of the 63,496 persons  x,in the Visalia SMSA who do not speak English at home, 18,308 (29%) reported that they do not speak English well  yO- xZor do not speak it at all." Id. at 116. In addition, it states that only 55.8% of the residents of the MSA are high  yO-school graduates. Id. at Table 56.  xyAccording to the licensee, an undereducated labor force has hampered the stations' affirmative  xaction efforts. We find the licensee's arguments regarding the limiting factors of education and  xlanguage, as impediments to its recruitment efforts, to be unpersuasive. Indeed, we have  Xb- x[considered similar arguments in the past and consistently found them to be without merit. See  XK- x@In re Applications of Golden West Broadcasters, 10 FCC Rcd 1602, 1604 n. 11 (1995);  X4-KTMS/KHTYFM, 9 FCC Rcd 894, 904 n. 23 (1994).  X- ` #x15.` ` The licensee also argues that despite the common ownership of KRDU(AM) and  xMKJOIFM, the two stations operate as separate entities with different general managers and  xjformats. We note, however, that the licensee filed one Annual Employment Report, combining  xhiring information for both stations, for every year of the license term. Because the licensee  xchose to file one report for an AM/FM combination each year, we believe it appropriate to consider KRDU(AM)/KJOIFM as one employment unit, and analyze its EEO efforts accordingly.  Xe- ` x16.` ` Our review raises no substantial and material questions of fact warranting  XN- xdesignation for hearing. Astroline. The licensee recruited using minorityoriented, including  xHispanic, sources, and hired and employed minorities and women during the license term. Thus,  xwe find no evidence of discrimination. In addition, the licensee contacted general recruitment  xsources for each of its vacancies during the review period. Therefore, renewal of the licenses  x=is in the public interest. 47 U.S.C  309(d)(2). However, we will grant renewal with appropriate remedies." ,))qq"Ԍ X- ` ԙx17.` ` While the licensee recruited for the three vacancies that occurred during the  xinquiry period, it was unable to document that the sources employed were productive in eliciting  xzminority and female applicants, especially in view of the significant minority presence in the  x/labor force. The licensee documented the use of only a small number of general sources in  xconnection with two of its hires. It also failed to consistently maintain applicant and interviewee  xZflow data that are necessary for the meaningful selfassessment of the results of the stations' EEO  xefforts. Accordingly, we admonish the licensee for these recordkeeping deficiencies. The small  xnumber of hiring opportunities afforded the stations mitigates somewhat the licensee's lack of  XH- xsuccess at minority and female recruitment. See Radio Ohio, Inc., 7 FCC Rcd 6355,6359 (1992),  X1- x?recon. dismissed 10 FCC Rcd 7757 (1995). Accordingly, we will grant renewal subject to  x]reporting conditions in order to more closely monitor the licensee's recruitment and selfassessment efforts.  X - KUBA(AM), Yuba City, California   X - ` #x18.` ` We have reviewed the licensee's opposition and inquiry responses, as well as its  xrenewal application and annual employment reports. Initially, we note that all of these  xdocuments have supplied combined information for both KUBA(AM) and KXCL(FM), which  xis also licensed to Yuba City, without any attempt to distinguish between information applicable  XK- xLto the AM and the FM. As noted in footnote 1, supra, the renewal application for KXCL(FM),  xalthough subject to the same NAACP informal objection, was inadvertently granted. Nonetheless,  xzwe will consider all of the information supplied by the licensee as relevant to the issue of its  xcompliance with our EEO Rule regarding the renewal of license for KUBA(AM). Information  xconcerning the two stations has been provided on a combined basis and the record does not  xotherwise identify any distinction between the licensee's EEO efforts at the two stations.  xFurther, our analysis and ruling relate to the adequacy of the licensee's EEO program and not the  X- x[number of stations subject to that program.x y$ X#- xЍ #C\  P6QP#Cf., Act III Broadcasting of Nashville, Inc., 11 FCC Rcd 1172 (1995); Hilton Head Television, Inc.,  yO - x-10FCCRcd 1676 (1995); Dolcom Broadcasting, Inc., 7 FCC Rcd 5978 (1992) recon. denied, 10 FCC Rcd 8185 (1995).x The information supplied by the licensee reflects  xthat it filled 32 fulltime positions, including 30 upperlevel job vacancies from August 1, 1986,  X|- xto July 30, 1990. | $ yO6-#C\  P6QP#э The current license term ended December 1, 1990. In response to a staff letter of inquiry requesting recruitment efforts data, the  xylicensee stated that it had not kept complete records concerning referral sources of candidates.  x{The licensee did not provide applicant data for positions filled prior to August 1989, and  xprovided no interview data whatsoever. Nor could the licensee identify which sources were  xcontacted for each vacancy throughout the license term. The licensee stated that it "generally"  xcontacts the National School of Broadcasting in Sacramento for onair positions. In addition,  X- x"from time to time" the licensee contacts the California Broadcaster's Employment Newsletter,  X- xthe California Job Journal, Broadcasting Magazine, the National Association of Broadcaster's  X -Employment Newsletter, and Chico State University. "! ,))qq "Ԍ X- ` x19.` ` Because the licensee indicated that it had begun to retain records concerning  xrecruitment sources and referrals, we sent a second inquiry letter requesting any information the  xlicensee had preserved which would demonstrate its efforts during the last year of the license  xterm. In its response, the licensee indicated that it had retained information regarding nine of its  xj32 hires. The licensee revealed that from August 1, 1989, through July 30, 1990 during which  xtime the licensee filled nine fulltime, upperlevel positions the stations used the following  Xv- xKsources for the cited number of vacancies: the YubaSutter Appeal Democrat (7); the Sacramento  X_- xBee (6); radio ads on KUBA(AM) and KXCL(FM) (5); the Gavin Report (2); Radio and Records  x(2); and Heritage Professional Research (1). The station's renewal application, which reflects  xhiring activity during the last year of the license term, indicates minority referrals from its  X - xcontacts with the YubaSutter Appeal Democrat (5) and the Sacramento Bee (3). For the nine  X - xpositions filled between August 1, 1989, and July 30, 1990, the licensee reported 75 applicants  x-including six minorities (two Asian/Pacific Islanders, two Hispanics, one Black and one American  X - xIndian).2  $ yON- x#C\  P6QP#э KUBA(AM) is located in the Yuba City, California MSA with a labor force including 41.3% females, and  x18.2% minorities (1.5% Black, 9.8% Hispanic, 5.4% Asian/Pacific Islander, and 1.5% American Indian). The Annual  xEmployment Reports for KUBA(AM), including also data for KXCL(FM), for the years 1984 through 1988 list no  xminorities on staffs that ranged from 1416 overall and 1314 upperlevel employees. In 1989, the stations reported  xone minority (Hispanic) among 14 overall (7.1%) and 13 upperlevel (7.7%) employees. The stations' 1990 Annual Employment Report listed no minorities among 16 overall and 15 upperlevel employees.2 Minority applicants were present in three (33.3%) of nine applicant pools. The  X -licensee hired one minority (Asian/Pacific Islander) during this period.; @$ yO- x=#C\  P6QP#э The licensee also reports hiring an additional minority (American Indian) for a lowerlevel position in November of 1990, just prior to the end of the license term, but after the subject threeyear review period.;  X- ` x20.` ` In its informal objection, the NAACP notes that the licensee did not contact any  xminorityoriented sources. The NAACP states further that the licensee can document receipt of  x/only eight minority applicants, all referred from daily newspapers. In addition, the NAACP  xpoints out that the licensee reported two minority hires during the last twelve months of the  xlicense term, but no fulltime minority employees in its 1990 Annual Employment Report. Thus, the NAACP concludes, the two minorities must not have been employed for long.  X-  X- ` ox21.` ` In response, the licensee states that 12.5% of its employees are minority group  xmembers. With respect to the period August 1, 1989, through July 30, 1990, the licensee reports  x?hiring two minorities, one for a parttime position (Black) and one for a fulltime position  X- x(Asian/Pacific Islander).{X$ yO!- x#C\  P6QP#э We note that this individual was terminated in March 1990, presumably prior to the licensee's twoweek  xreporting period in March reflected in its Annual Employment Report. Thus, this minority employee was not included in the 1990 Annual Employment Report.{ The licensee admits that its stations "have not, in the past, kept  xrecords adequate to permit a full response to the Commission inquiry concerning sources of  xreferral and numbers of female and minority candidates obtained from each," but claims to have  x-implemented new recordkeeping procedures as of January 1991 to ensure "that such information will be readily available in the future." "7 ,))qq"Ԍ X- ` _x22.` ` There are no substantial and material questions of fact warranting designation for  X- xhearing. See Astroline. In addition, we find no evidence of employment discrimination because  xthe licensee attracted and hired minorities during its tenure. Therefore, grant of renewal is appropriate.  X- ` x23.` ` However, we find KUBA(AM)'s overall recruitment efforts deficient because,  xzinsofar as can be determined from the record, the licensee relied only on general recruitment  xsources that were not productive in eliciting applications from minorities. Thus, minorities were  xabsent from six of the nine applicant pools for which the licensee retained data. The licensee  xdid not maintain referral, applicant and interview information for the remaining 23 hires. Record  X -retention is necessary for meaningful selfassessment. 47 C.F.R.  73.2080.  X - ` x24.` ` In 1994, we adopted a Policy Statement regarding forfeitures to be assessed for  X - xviolations of our EEO rules. Standards for Assessing Forfeitures for Violations of the Broadcast  X - x?EEO Rules, 9 FCC Rcd 929 (1994) ("EEO Policy Statement"). In adopting the EEO Policy  X - xKStatement, we proposed the use of nonbinding guidelines for assessing forfeitures for violations  X- x{of our broadcast EEO rule.  We had issued general forfeiture guidelines to identify those  xsituations that could lead to a forfeiture and to identify criteria that might be used to increase or  xdecrease the base amount of the forfeiture and that might result in grant of renewal for less than  XK- xa full term. Policy Statement, Standards for Assessing Forfeitures, 6 FCC Rcd 4695 (1991),  X4- xrecon. denied, 7 FCC Rcd 5339, revised, 8 FCC Rcd 6215 (1993) ("Policy Statement"). The  X- xEEO Policy Statement was issued because, in 1993, we had deleted the broadcast EEO violation  xcategory from our general forfeiture guidelines and announced that we would issue a further  X- xpolicy statement on broadcast EEO matters in the future. See Policy Statement, 8 FCC Rcd at  X- x_6215 n. 1.  The EEO Policy Statement did not modify any part of the EEO rule. See  X-Streamlining Broadcast EEO Rule and Policies, 11 FCC Rcd 5154 (1996).  X-  X- ` x25.` ` In United States Telephone Ass'n v. FCC, 28 F.3d 1232 (D.C. Cir. 1994)  X|- x("USTA"), the court set aside our general forfeiture guidelines. The USTA decision concluded  xthat the forfeiture schedule should have been put out for comment under the Administrative  XN- xyProcedure Act. Following the USTA decision, we have received requests to withdraw the EEO  X7- xyPolicy Statement until it is likewise made available to the public for comment. See, e.g., Petition  X - x0for Declaratory Ruling by Eagle Radio, Inc. (filed August 11, 1994); Letter from Henry L.  X - x0Baumann to William E. Kennard, July 13, 1994. In Streamlining Broadcast EEO Rule and  X- xLPolicies, we vacated the EEO Policy Statement and advised licensees that we would follow our recent practice of making forefeiture decisions by relying on case precedent.   X!- ` x26.` ` In determining a forfeiture, we look to case precedent, taking into consideration  xzthe relevant statutory factors in Section 503(b)(2) of the Communications Act, including the  xnature, circumstances, extent and gravity of the violations, and the licensee's record of  xcompliance with our rules. In our evaluation, we consider the station's size, number of hiring  xopportunities, MSA size, recruitment patterns, applicant and interview pools, assessment and  X:&-recordkeeping. E. g., Stauffer Communications, Inc., 10 FCC Rcd 5060, 5061 (1995). "#',))qq%"Ԍ X- ` x27.` ` We believe that the record in the instant case is similar to that of the licensee of  X- xWGGTTV, Greensboro, North Carolina, in In re Application of Guilford Telecasters, Inc.,  X- x11FCC Rcd 2929 (1996).$ yOK-#C\  P6QP#э The Greensboro, North Carolina, MSA had an available labor force that was 17.8% minority (16.8% Black). The licensee therein could not document recruitment for any of its  X- x34 fulltime positions. WGGTTV failed to keep any applicant or interview records during the  xentire license term. The licensee nonetheless claimed that it used two minorityspecific  xrecruitment sources, although it was able to substantiate use of only one. The license for  x!WGGTTV was renewed subject to a $17,500 Notice of Apparent Liability and reporting conditions.  X1- ` Qx28.` ` The record in the instant case indicates that the licensee failed to recruit for 23  xN(72%) of its 32 vacancies. The licensee's EEO program is further marred by the failure to  xmaintain adequate records until the last year of the license term. The licensee provided applicant  xpool information for only nine (28.1%) of its 32 hires, and did not provide any interview data.  xHowever, the applicant pool information was forthcoming only after a second inquiry by our  xZstaff. Further, the licensee was unsuccessful in attracting Hispanics and other minorities to apply  xfor jobs with the stations. Only three (9.4%) of its 32 applicant pools included minority  xcandidates. Only six (8%) of the 75 applicants for which the licensee had records were  x[minorities. Although its sources were not productive in eliciting minority applicants, it did not  xcontact any minorityoriented sources, notwithstanding the significant presence of two minority groups, Hispanics (9.8%) and Asian/Pacific Islanders (5.4%), in the Yuba City MSA.  X- ` Bx29.` ` We believe that the deficiencies in the instant case are comparable to those of  xWGGTTV. The significant minority presence in the Yuba City MSA should have prompted the  xilicensee to increase outreach efforts whenever vacancies occurred. As was the case with WGGT xjTV, the licensee failed to establish that it made such efforts. The licensee in this case was able  x.to provide some information concerning hires during the last year of the license term, whereas  xWGGTTV could not provide information concerning any of its hires. However, the information  xfrom the licensee here was forthcoming only after a second inquiry by our staff, suggesting that  x?the licensee had not previously used the data as part of ongoing selfassessment of the  x effectiveness of its recruitment efforts. Accordingly, this factor is of only slight mitigating  x>significance. Conversely, WGGTTV appears to have made slightly better efforts to recruit  x[minorities through the use of at least one minorityspecific source. Accordingly, we will grant  xrenewal subject to reporting conditions as set forth below and issue a Notice of Apparent Liability for Forfeiture for $17,500.  X-| IV. CONCLUSION ă  X!- ` 2x30.` ` Upon review of the record and the arguments submitted by all parties, we find no  xhearings are warranted and that renewal of the applicants' licenses is appropriate. Therefore, we  xwill grant renewal of the licenses of KRDU(AM)/KJOIFM, with an admonishment, subject to  xreporting conditions. In addition, we will grant renewal of the license of KUBA(AM) subject to reporting conditions and issuance of a Notice of Apparent Liability for $17,500."Q% X,))qq'$"Ԍ X-ԙ5 V. ORDERING CLAUSES ă  X- ` x31.` ` Accordingly, IT IS ORDERED that the Informal Objections filed by the  xCalifornia State Conference of Branches of the NAACP with respect to the applications of Radio  xDinuba Company for renewal of licenses of Stations KRDU(AM)/KJOIFM, and the applications  X-of Ridge L. Harlan for renewal of licenses of Stations KUBA(AM)/KXCL(FM) ARE DENIED .  X_- ` x32.` ` IT IS FURTHER ORDERED that the licensee of Stations KRDU(AM)/KJOIFM  XH- xyis hereby ADMONISHED for its failure to maintain consistent applicant and interviewee flow data as required by the Commission's EEO Rule, 47 C.F.R.  73.2080.  X - ` Px33.` ` IT IS FURTHER ORDERED that the license renewal applications for Stations  X -KRDU(AM)/KJOIFM ARE GRANTED , subject to the reporting conditions specified herein.  X -  X - ` x34.` ` IT IS FURTHER ORDERED that the license renewal application for Station  X - xKUBA(AM) IS GRANTED , subject to the reporting conditions specified herein, and pursuant  X- xito Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $17,500.  XK- ` Ax35.` ` IT IS FURTHER ORDERED that the licensees of Stations KRDU(AM)/KJOI xFM and KUBA(AM) submit to the Commission an original and one copy of the following information on August 1, 1996, and August 1, 1997:  X- (a)XxFor each report, two lists divided by fulltime and parttime vacancies during the  12 months preceding July 1, 1996, for the first report, and July 1, 1997, for the  second report, indicating the job title and FCC job category of the position, the  race or national origin, sex and the referral source of each applicant for each and  Qthe race or national origin and sex of the person hired. These lists should also  X|-note which recruitment sources were contacted;` |$ yO-#C\  P6QP#э Such a list might start: x1) News Director: Officials and Managers; Fulltime  yO-x3 Applicants: 1 White femalehh@A.W.R.T.  yO-x` `  1 Hispanic malehh@National Hispanic Media x` `  hh@Coalition  yOm!-x` `  1 Black femalehh@Urban League  yO"-xSources contacted:Local newspaper, A.W.R.T., National Hispanic Media Coalition and Urban League  yO$-xSelected: Hispanic male (08/18/96); NHMC   XN- (b)XxA list of employees as of the July 1, 1996, payroll period for the first report, and  `a list of employees as of the July 1, 1997, for the second report, by job title and"7 ,))qq]"  nFCC job category indicating fulltime or parttime status (ranked from highest paid classification), date of hire, sex and race or national origin; and   X- 2(c)XxDetails concerning efforts to recruit minorities and women for each position filled  during the 12month period specified, including identification of sources used and  `indicating whether any of the applicants declined actual offers of employment.  }In addition, both licensees may submit any relevant information with regard to the stations' EEO performance and efforts thereunder.   X1- ` 1x36.` ` IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail  X - xԩ Return Receipt Requested copies of this Memorandum Opinion and Order and Notice of  X - xApparent Liability to Radio Dinuba Company, Ridge L. Harlan and the California State Conference of Branches of the NAACP.  X - ` $x37.` ` The reports are to be filed with the Acting Secretary of the Commission to the attention of the Mass Media Bureau's EEO Branch.  Xy- ` x38.` ` With respect to the forfeiture proceeding, the licensee may take any of the actions  xset forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, as summarized in the  XK- xattachment to this Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment. x` `  hhFEDERAL COMMUNICATIONS COMMISSION   x` `  hhWilliam F. Caton x` `  hhActing Secretary