WPCFN 2BHT Z #|x )Courier New (TT)Courier New (Bold) (TT)Times New Roman (Bold) (TT)HP LaserJet 4/4MtScript_230_1HPLAS4.WRSSx  @,, PX@2@+P 2#|xCourier New (TT)Courier New (Bold) (TT)CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`lC2CC!CCCCCCCCCCd8YYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddodYYYYYYdzYzYzYzYdddddddCdCdCCCdNCdz8zCzCzCz8dddddCCCoNoNoNoNzCzCzCdddddzYzYNF2[dCYddddd7>d<d<$YYdCCddooCYd<d<$YYdCCddooCY"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddddnIc3I333Y1"!!>"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS2vGZ 5@z7^:^A?xxxX/Xx6X@DQX@6?xxxXXx `NQX.q7UC2X+xXU4  pQXr7PC2XH DXP\  P6QXPvy.C8*XHC\  P6QP.uy.G8*X+G4  pQ#mdXH \  P6QP"5@^*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW*7777CE7S]xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxJxJxJoJoJoJSSSS]]C]A]A7A]S]o.oEx]x]SxxJxJ]A]AN:*ZS7SSSSSS27}}S2}}S}277SSS77SS7S72t7[[[[_ee*C`_.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7]SS.77S_*7*.SSSSSSSSSS77___SxoxxofASoxfx]oxxxxo7.7aS7S]J]J7S].7].]S]]JA7]SxSSJB%BW7SSSS7]777SS:S7A7xx*7SSSS%S7}2S_7}SC[227`Z*727S}}}SxxxxxxxooooAAAAxx_xxxxxf]SSSSSSxJJJJJ....S]SSSSS[S]]]]S]"H^^dM7Hddoooq!  !!!!d!!! !!y!!oooo7o!PdC!!!!!d  oooo!!!!!!!!!!!!!!!!!!!   !!!!!!!!o!!!d!  Ndn|,,x00,xxtdmI>I333YC!!!1!>37777777777777777777777777777777dM7Hddoooq!  !!!!d!!! !!y!!oooo7o!P777d7777!77!dP0n0xxdx|,,,!!!!!!d !!!!!!!!!!!!! oooo"H^^dModdot! !! 777 y!77! !!!! oooM!XdC!!!!!!!    oooo!7777!!!!!!!77!!!!!!!!   77777777 o !!7!!!Ndx,,x++,xxtdmI>I333YC!!!1!>37777777777777777777777777777777dModdot! !! 777 y!77! !!!! oooM!X7777777!77!dX+x+xxdx,,,!!!!!!!    !!777777!!!!!!oooo2\G@KRDN?xxxX/Xx6X@DQX@ 6?xxxXXx `NQX.q7UC2X+xXU4  pQXr7PC2XH DXP\  P6QXPvy.C8*XHC\  P6QP.uy.G8*X+G4  pQx#mdXH \  P6QP.w#mdX+4  pQyW!0(XH h0\  P6QhPR&HHHX,hH6X@DQh@"5@^(1<illegally determined the forfeiture by using the EEO Policy Statement. WBI submits that its  X!- xiapplications should have been granted without EEO reporting conditions.y!  X&$< xPЍ#Xj\  P6G;XP# #X\  P6G;P#WBI had also requested that we reconsider our decision to grant license renewal for  xKEBE(AM)/KOOI(FM) only for a shortterm. Inasmuch as we have already granted those applications, its request to have the licenses renewed for a fullterm is moot. WBI also argues that  xthe forfeiture should be remitted or substantially reduced. Finally, it contends that should a  xforfeiture be imposed, it should be rescinded or substantially reduced because a forfeiture would"# 0*((e""  X- ximpose severe financial hardship upon WBI. In support of this argument, the licensee has  x[submitted documentation regarding its ability to pay, for which it requests confidentiality. For  xthe reasons that follow, we conclude that, because EEO rule violations occurred, reconsideration is warranted only with respect to the amount of the forfeiture.   X- x 6. In adopting the EEO Policy Statement, we proposed the use of nonbinding guidelines for  xassessing forfeitures for violations of our broadcast EEO rule. We had issued general forfeiture  xyguidelines to identify those situations that could lead to a forfeiture and to identify criteria that  xymight be used to increase or decrease the base amount of the forfeiture and that might result in  X1- xgrant of renewal for less than a full term. Policy Statement, Standards for Assessing Forfeitures,  X - x6 FCC Rcd 4695 (1991), recon.Ġdenied, 7 FCC Rcd 5339, revised, 8 FCC Rcd 6215 (1993)  X - x("Policy Statement"). The issuance of the EEO Policy StatementĠresulted from the deletion of  X - xNthe broadcast EEO violation category from our general forfeiture guidelines. See Policy  X - xStatement, 8 FCC Rcd at 6215 n. 1. The EEO Policy Statement did not modify any part of the  X -EEO rule. See Streamlining Broadcast EEO Rule and Policies.   X- x 7. In United States Telephone Ass'n v. FCC, 28 F.3d 1232 (D.C. Cir. 1994) ("USTA"), the  Xy- xcourt set aside our general forfeiture guidelines. The USTA decision concluded that the forfeiture  xschedule should have been put out for comment under the Administrative Procedure Act.  XK- xFollowing the USTA decision, we have received requests to withdraw the EEO Policy Statement  X4- xuntil it is likewise made available to the public for comment. See, e.g., Petition for Declaratory  X- xRuling by Eagle Radio, Inc. (filed August 11, 1994); Letter from Henry L. Baumann to William  X- x\E. Kennard, July 13, 1994. In Streamlining Broadcast EEO Rule and Policies, we vacated the  X- xEEO Policy Statement and advised licensees that we would follow our recent practice of making  xforfeiture decisions by relying on case precedent to resolve the decisional case. Consistent with  X-that approach, we will recalculate the forfeiture imposed on WBI.   x 8. In determining a forfeiture, we take into consideration the relevant statutory factors in  xSection 503(b)(2) of the Communications Act, including the nature, circumstances, extent and  xgravity of the violation, and the licensee's record of compliance with our rules. In our  xevaluation, we consider the station's size, number of hiring opportunities, composition of the  X7- x >J X- y#XU4  pQX# Federal Communications Commission #o\  PCXP# #XP\  P6QXP# FCC 96243 ă   yxdddy  X- local labor force, recruitment patterns, applicant and interview pools, assessment and record X - xkeeping. E.g., KSBW License, Inc., 9 FCC Rcd at 6703. After such consideration, we conclude that a forfeiture of $12,000 is appropriate.   x 9. In reaching the specified amount, we have determined that WBI's record is similar to, but  X - xless egregious than, that of Station WNRW(TV), WinstonSalem, North Carolina. See Act III  X!- xBroadcasting of Nashville, Inc., 11 FCC Rcd 1174 (1995). For that station, we granted renewal,  xsubject to reporting conditions, and issued a $15,000 NAL. During the license term, the station  xhad between 30 and 37 fulltime employees. The local labor force included 17.8% minorities.  xDuring the period July 31, 1988 through July 31, 1991, the station filled 29 fulltime vacancies. "h$0*%%hh(#"  xZThe licensee contacted recruitment sources for 14 of the vacancies. The licensee could not verify  xthe composition of any of its applicant and interview pools; however, it appeared that minorities  x=appeared in four (or 14%) of the interview pools, including one pool (or 5%) for an upperlevel job.  xk 10. Stations KEBE(AM)/KOOI(FM) had between 16 and 27 fulltime employees. The local  xlabor force included 21.3% minorities. During a three year, four month period ending July 31,  x1990, the stations filled 57 fulltime jobs. The licensee recruited for 43 (75%) of the vacancies.  xIn addition, the licensee annually contacted minority organizations. Thirteen (or 23%) of the 57  xzapplicant pools, including 10 of the 52 (or 19%) upperlevel vacancies, contained minorities.  xAccording to the licensee, it also used training programs to attract entrylevel minority  xemployees; however, it is unclear whether such programs actually resulted in applicants for fulltime positions.   xL 11. Although the minority component of the Jacksonville labor force was greater than that of  x]WinstonSalem, Stations KEBE(AM)/KOOI(FM) were smaller than Station WNRW(TV).  xMoreover, WBI, the licensee of KEBE(AM)/KOOI(FM), recruited more diligently and kept better  x>records of its EEO efforts than did the licensee of WNRW(TV). Nevertheless, WBI did not  xrecruit for each vacancy and did not revise its recruiting practices despite the relative paucity of  xyminority applicants for fulltime positions. Considering the facts of this case, we find that WBI  xrepeatedly violated the recruitment and selfassessment subparts of our EEO rule and that the appropriate forfeiture is $12,000.  x 12. In so concluding, we have fully considered the licensee's submissions regarding its ability  xto pay. Generally, those documents reveal that the licensee had a net profit during two of the  xthree years, while the final year's documents reflect monies advanced to a licensee principal. In  xview of these circumstances, we do not believe any reduction in the amount of the >z*J X- y#XU4  pQX# Federal Communications Commission #o\  PCXP# #XP\  P6QXP# FCC 96243 ă   yxdddy  X- forfeiture  xbecause of ability to pay is appropriate. Moreover, because we continue to find that WBI's  X|-record warrants monitoring, the reporting conditions imposed in StaufferĠwill remain unaffected.   XN- x 13. Accordingly, IT IS ORDERED, that the petition for reconsideration filed by the NAACP IS DENIED.   x 14. IT IS FURTHER ORDERED, That WBI's Petition for Reconsideration IS GRANTED TO THE EXTENT INDICATED HEREIN AND IS OTHERWISE DENIED.  x 15. IT IS FURTHER ORDERED, that WBI's request for confidentiality IS GRANTED, and  xthat the financial documents submitted with its petition for reconsideration SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457 and 0.459 of the Commission's Rules.   xM 16. IT IS FURTHER ORDERED, pursuant to Section 503(B) of the Communications Act of"h$0*%%hh(#"  X- x1934, as amended, 47 U.S.C. Section 503(b), that WBI FORFEIT Ġto the United State the sum  xof twelve thousand dollars ($12,000) for the willful and repeated violations of Section 73.2080  xof the Commission's Rules, 47 C.F.R. Section 73.2080. Payment of the forfeiture may be made  xPby mailing to the Commission a check or similar instrument payable to the Federal Communications Commission.   x 17. IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail-- Return  xjReceipt Requested, copies of this Memorandum Opinion and Order and Forfeiture Order to the NAACP and to WBI.  x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam F. Caton  Xy-x` `  hhActing Secretary` h x (#%'0*,.81(#%'0*,.81#/x PpX##x6X@`7pX@#