WPCj- 2MBVRKZ3|j 7jC:,Xj\  P6G;XP"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP LaserJet 4SiHPLAS4SI.PRSXj\  P6G;\YnhXP2> K Z3|j "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdHP LaserJet 4SiHPLAS4SI.PRSXP\  P6Q\YnhXP2  p%rv(Times New RomanTimes New Roman Bolda8DocumentgDocument Style StyleXX` `  ` 2* p?kka4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2 v\ t F  a7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2|  \   a3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h 2vFa6Right 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 Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2Q!/a1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2\a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 23\ea8TechnicalTechnical 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:/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNPo A"i~'^#)C<)>F)))))))))<)C"VV5VYO5O5O5O5^<^<^<^>^<^C^F.".C.).CaC>>^CO"O6O)O0O"VCVVCVC^<^O=O)OFVCVCVCVCVCVCxVV>O5O5O5VCO)VCC.O)V<X<<( (WTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTTxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN+HH+@<)<<<<Rulemaking, 82 FCC 2d 89, 9899 (1980). Accordingly, we will treat the petitions as informal  X-  \objections. 47 C.F.R.  73.3587; see also KDEN Broadcasting Co., 55 RR 2d 1311, 1311-1312 (1984).  X-  4.` ` Prima Facie Case. The NBMC, PLGTF, and ASPIRA derived their factual   allegations from the licensees' EEO programs and annual employment reports. Review of the   allegations against the abovecaptioned licensees led us to find as a threshold matter that the  X-  allegations presented a prima facie showing that grant of the renewal applications would not serve  X|-  the public interest. 47 U.S.C.  309(d)(1).  |h X5"-  Ѝ #C\  P6QɓP#The licensee of WXTU(FM) argued that the PLGTF and the NBMC petitions failed to raise a prima facie   case against its renewal application. It argued that it "has fulfilled its minority recruitment obligations," as evidenced   by its employment reports during the license term, its hiring practices, and its promotions of minorities. However,  yO$-  wour review of the PLGTF and the NBMC arguments determined that they raised a prima facie case, as we find above.  See Astroline Com. Co. Ltd. Partnership v. FCC,  Xe-  857 F.2d 1556 (D.C. Cir. 1988) (Astroline). 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 of"7 ,))qql"   employment discrimination. Thus, grant of each application will serve the public interest. 47  X-  =U.S.C.  309(d)(2); Astroline. However, because the licensees' overall recruitment efforts were deficient, we will grant renewal with appropriate remedies and sanctions.  X- D Discussion ă  Xv-  5.` ` 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 EEO   =program reflecting positive and continuing efforts to recruit and promote qualified women and   minorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts   to recruit 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  X -  any evidence of discrimination by the licensee. See Sections 73.2080 (a), (b), and (c) of the Commission's Rules, 47 C.F.R.  73.2080(a), (b), and (c).  X-  %6.` ` WMMR(FM). Review of the licensee's 1991 EEO Program Report (renewal   application), opposition, and responses to our inquiries reveals that the licensee had 11 overall,   including five upper-level, full-time hiring opportunities from January 22, 1990, through June 20,  XK-  1991. yKh X-  wЍ#C\  P6QɓP# The licensee acquired WMMR(FM) through a voluntary transfer of control (BTCH890726GU), consummated   >on December 7, 1989, of Metropolitan Broadcasting Corporation of Philadelphia from SillermanMagee Communications Management Corporation to Group W Radio Acquisition Company. The licensee's records indicate that it recruited for six vacancies. Minority referral   information was incomplete, but WMMR(FM) reported four minority referrals from the  X-  Philadelphia Inquirer, which it contacted for three openings. It used 43 other general recruitment  X-  sources for one opening including 18 schools and colleges, Radio & Records, Broadcasting  X-  Magazine, National Association of Broadcasters ("NAB"), a center for blind persons, Philadelphia   Women's Network, a veterans' center, a temporary employment agency, the Mayor's Commission   on Aging, Office of Employment Security, and others. The licensee reported one minority   -referral from the Minority Job Bank, which was contacted for one opening. This was the second  tolast opening filled in the review period and came approximately two months before the term   expired. The licensee also used 20 other minority sources for one opening, including the Urban   League, Mayor's Spanish Speaking Council, NBMC, ASPIRA, United American Indians of   jDelaware Valley, four minority colleges, Philadelphia Chinatown Development, four journalists' groups representing Blacks, Hispanics, American Indians, and Asians, and six other sources.  X -  7.` ` The licensee reported applicant and interviewee information for all 11 positions.   >This information revealed that it had 319 applicants for fulltime jobs and interviewed 89. It   [received applications from seven minorities, but minorities were included in only five applicant" ,))qq"   0pools (one upperlevel). Only one minority was interviewed for a position (lowerlevel).  X-WMMR(FM) reports that it hired no minorities for fulltime jobs. h Xb-  Ѝ#C\  P6QɓP# The labor force for both of the abovecaptioned licensees is the Philadelphia, Pennsylvania Metropolitan   Statistical Area ("MSA"), which is 42.7% female and 18.2% minority (15.4% Black, 1.7% Hispanic, 1.0%   Asian/Pacific Islander, and 0.1% American Indian). The licensee's Annual Employment Report for 1990 indicates   <that it employed 38 persons overall (32 upperlevel) with four Blacks (10.5%). Two Blacks were in upperlevel   ;positions (6.3% of upperlevel positions). In 1991, the licensee employed 43 persons overall (30 upperlevel) with   three Blacks (6.9%), two of whom were in upperlevel positions (6.7%). The station's only minority employees had been hired by a previous licensee.  X-  38. ` ` The PLGTF argues that the licensee's proposed EEO program is inadequate to   improve its deficient EEO performance. It criticizes the licensee for relying mostly on national   sources from its parent corporation instead of local sources. It argues that it is unclear whether   jany minority sources received notices of specific openings. The PLGTF also contends that no   minority schools or newspapers were used as recruitment sources in the renewal reporting year   (January 1, 1990, to December 31, 1990). Noting that no minorities were among the licensee's   kfulltime hires or promotions and that it interviewed only one minority for a fulltime job, the   >PLGTF adds that the licensee has admitted that it had an "inadequate pool" of minority job   applicants. The PLGTF argues that minorities were not employed in significant positions at any   time during the license term, and that there was a decline in minority employment from 1984 to  X -1991.  )h X-  jЍ#C\  P6QɓP# In addition, the PLGTF argues that the Commission should use 100% of parity as a processing guideline   rather than 50%; that labor force figures more recent than the 1980 Census should be applied to Philadelphia stations;   and that the Commission should amend its EEO Rule to prohibit sexual orientation discrimination. The PLGTF also   raised these arguments in its petition against the renewal of license of Station WIP(AM), Philadelphia, Pennsylvania.  yO-  All three arguments were either dismissed or found to be unpersuasive in Spectacor. See Spectacor at 1730 n.5. We see no reason to alter our decision.  The PLGTF also criticized the licensee for failing to employ Hispanics during the license term. Hispanics,  yO-  however, do not constitute a statistically significant presence in the labor force. See Letter to Howard B. Dolgoff,  yO-  5 FCC Rcd 7695, 7696 (1990) (concerning Station WTHZFM, Tallahassee, Florida); Spectacor at 1731 n.7. In view   -of the 1.7% presence of Hispanics in the MSA, we find this criticism raises no substantial and material questions of fact.    X -  9. ` ` The NBMC argues that the licensee received "more than ample" minority  X-  applicants, but in 1990 it hired no minorities for upperlevel positions. rh X!-  Ѝ#C\  P6QɓP# Based on the record, it is apparent that the NBMC is referring to minority applicants for parttime jobs when it refers to a large number of applicants. It also argues that the licensee has "underutilized" Blacks and other minorities.  XK-   10.` ` The licensee acknowledges that its pool of minority applicants is "insufficient" and   \that its failure to obtain many minority applicants for fulltime jobs seems to be caused by a   failure to use "sufficient specific EEO recruitment techniques" in some instances. It also states   Kthat some WMMR(FM) personnel may have been confused about their functions and Group W's",))qq"   yEEO policies. Its assessment efforts have included meetings in May, June, and December 1990   with Group W corporate staff to address recruitment. Also, the licensee states that, in February   y1991, Group W made one of its managers, who is a minority woman employed at another Group   W station, the "human resources manager" for WMMR(FM). In addition, the licensee   [implemented a policy in 1991 to send notices of openings to other Group W stations and other   .sources, and to place ads in the media. Regarding employment from 1984 to 1989, the licensee   notes that it had no control over employment practices prior to December 7, 1989, when it   acquired WMMR(FM). The licensee also indicates that the apparent increase in employees from   1990 to 1991 was due in large part to reclassifying four existing employees, who had been termed   "casual," as fulltime and did not reflect new positions. Our analysis of WMMR(FM)'s EEO record follows our discussion of WXTU(FM)'s record.  X -   11.` ` WXTU(FM). Review of the licensee's 1991 EEO Program Report (renewal   application), opposition, and response to our inquiry reveals that the licensee had 20 overall,   including 15 upper-level, full-time hiring opportunities from April 11, 1988, through March 4,   .1991. The licensee's records are incomplete, and it can document that it affirmatively recruited   for only seven (35%) of its 20 vacancies, of which three were for upperlevel jobs. It used seven   general recruitment sources for two to six openings, including three universities, State  Xb-  [Unemployment, Radio & Records, and the Philadelphia Inquirer. It had no records on minority  XK-  referrals but listed the referral sources of hires, indicating that the Philadelphia Inquirer referred   four minority hires. Minority sources contacted for five to six openings were: the NAACP, the  X-  NBMC, Cheney University, and the Philadelphia Tribune. The licensee had no records of minority referrals from these sources.  X-  3 12.` ` The licensee reported applicant and interviewee information for only five (two   upperlevel) of its 20 positions. This information revealed that it interviewed all 62 of those who   applied for those openings, 24 of whom were minorities. Of the minorities, two were interviewed   for one upperlevel position and three were interviewed for another. Minorities were in the pools   for all five openings. In addition, minorities were hired for three other positions for which   .interview data were not reported. Thus, minorities were in at least eight interview pools (three   upperlevel). The licensee reports that, of the station's 20 overall hires, six were minorities   .four Blacks, one Asian/Pacific Islander, and one American Indian. Of the 15 upperlevel hires,  X -one was Black.    h X-  KЍ #C\  P6QɓP# See note 6, supra, regarding the Philadelphia MSA labor force. The licensee's Annual Employment Report   for 1985 indicates that it employed 19 persons overall (17 upperlevel) including one Black (5.3%) and one   Asian/Pacific Islander (5.3%). The Asian/Pacific Islander was in an upperlevel position (5.9% of upperlevel   positions). In 1986, the licensee employed 25 persons overall (23 upperlevel) including four Blacks (16.0%) and   Jone Asian/Pacific Islander (4.0%). Three Blacks (13.0%) and one Asian/Pacific Islander (4.3%) were in upperlevel   positions. In 1987, the licensee employed 26 persons overall (19 upperlevel) including four Blacks (15.4%) and   hone Asian/Pacific Islander (3.8%). Two Blacks (10.5%) were the only minorities in upperlevel positions. In 1988,   the licensee employed 28 persons overall (23 upperlevel) including two Blacks (7.1%) and one Asian/Pacific Islander   (3.6%). Two Blacks (8.7%) and one Asian/Pacific Islander (4.3%) were in upperlevel positions. In 1989, the   licensee employed 30 persons overall (26 upperlevel) including two Blacks (6.7%) and one Hispanic (3.3%), all in   upperlevel positions. Blacks comprised 7.7% and a Hispanic comprised 3.9% of upperlevel positions. In 1990,"',))'"   the licensee employed 28 persons (23 upperlevel) including five Blacks (17.9%) and one American Indian (3.6%).   Two Blacks (8.7%) were the only minorities in upperlevel positions. In 1991, the licensee employed 29 persons   overall (24 upperlevel) including four Blacks (13.8%) and one Asian/Pacific Islander (3.5%). Two Blacks (8.3%) were the only minorities in upperlevel positions. "  ,))qq "Ԍ  X-   13.` ` The PLGTF argues that the licensee had no recruitment records prior to 1988 and   that it has failed to selfassess or give any indication that it intends to improve its EEO  X-  program.9  X -  Ѝ#C\  P6QɓP# As it did with WMMR(FM), the PLGTF criticized WXTU(FM)'s record of Hispanic recruitment and  yO -employment. For reasons given in note 7, supra, we find this criticism to be without merit.9 The PLGTF criticizes the licensee for using only one minority newspaper even   though it did not obtain any minority referrals from it. The NBMC states that it is unclear when   ythe licensee may have used minority sources. Both PLGTF and NBMC criticize the licensee for   not hiring any minorities for upperlevel positions in the renewal reporting year (April 1, 1990,   to March 31, 1991) and for an alleged decline in minority employment in upperlevel positions.   The NBMC criticizes the licensee for a 50% decline in minority upperlevel employment even though the total number of employees in upperlevel positions was "almost constant."  X -   14.` ` The licensee states that its policy was to recruit for every opening but, because of   <incomplete records, it cannot be certain what recruitment took place for some openings. It denies   kthat it failed to selfassess or improve, asserting that it has improved its recordkeeping and   recruitment efforts over the last few years. The licensee notes that it entered into an agreement   with the National Hispanic Media Coalition on June 27, 1991, to enhance its recruitment of   Hispanics. While acknowledging that its upperlevel hires in the renewal reporting year were   nonminorities, it argues that the Commission should look at its total record of minority hiring and promotions.  X4-  15.` ` WXTU(FM) disputes the PLGTF and NBMC arguments that minority employment   declined, arguing that although its minority upperlevel employees dropped from four in 1986 to  X-  jtwo in 1991, the two in 1991 comprise more than 50% of parity with the labor force for Blacks. )h X-  iЍ#C\  P6QɓP# The licensee actually employed minorities below 50% of parity in upperlevel positions in 1990 and 1991.   The licensee also notes that it employed five minorities in 1986 and 1991. Finally, the licensee   argues that its record is similar to those of three television stations whose licenses were renewed  X-  without sanction in 1988. See Catawba Valley Broadcasting Company, Inc., 3 FCC Rcd 1913,  X-  191415 (1988) (concerning WHKYTV and WHNSTV) and Arkansas Educational Television  X-Commission, 3 FCC Rcd 1923, 1924 (1988) (concerning KTBSTV).  Xe-  16.` ` After reviewing the records of Stations WMMR(FM) and WXTU(FM), we find  XN-  Kno substantial and material questions of fact sufficient to warrant a hearing. See Astroline. Also,   there is no evidence of employment discrimination. The licensees engaged in minority   recruitment, and interviewed and employed minorities. Therefore, renewal of the licenses is in the public interest. "  ,))qqL"Ԍ X-  ԙ17.` ` However, we find the minority recruitment efforts of both licensees to be deficient.   The licensee of WMMR(FM) failed to recruit for five (45%) of 11 vacancies, attracted only seven   minorities out of 319 applicants, and included minorities in no upperlevel interview pools and   >only one lowerlevel interview pool. Furthermore, despite its largely unsuccessful minority recruitment efforts, it tried using minorityspecific sources for only one vacancy.  Xv-  18.` ` We find WXTU(FM)'s recruitment efforts to be deficient because it recruited for   only seven of its 20 vacancies. Also, minorities were absent from 12 applicant and interview   pools. Despite this, the licensee contacted minority recruitment sources for only six of 20   Lopenings and maintained insufficient information to selfassess adequately. In this regard, we   note that the licensee maintained applicant and interview pool information for only five of 20 openings.  X -  }19.` ` Also, we find the cases cited by WXTU(FM) contain various factors which, taken   Ltogether, make the cases distinguishable. WXTU(FM)'s dominant minority labor force is more   than twice as large as WHKYTV's and WHNS(TV)'s and WHKYTV had a small staff (10),   zwhereas WXTU(FM)'s staff averaged 26. WXTU(FM) also had poorer recordkeeping than   WHNS(TV). KTBSTV used numerous recruitment sources and produced 25 referrals from nine   sources. Also, minorities comprised 34.4% of KTBSTV's applicants. Accordingly, we find the licensee's argument regarding the cited cases to be without merit.   X-  20.` ` We believe that the records of WMMR(FM) and WXTU(FM) are similar to, but  X-  jless egregious than, that of the licensee of WNRWTV, WinstonSalem, North Carolina, in Act  X-  III Broadcasting of Nashville, Inc., 11 FCC Rcd 1172 (1995) (WNRW).  Xh-  iЍ#C\  P6QɓP# Station WNRWTV is located in WinstonSalem, North Carolina, which had a 17.8% minority labor force (16.8% Black, 0.6% Hispanic, 0.2% Asian/Pacific Islander, and 0.2% American Indian). The licensee of   WNRWTV recruited with five minority and 19 general sources for 14 (48.3%) of its 29   Lopenings (19 upperlevel), but its recruitment records were incomplete. It was unable to report   the referral source for any minority referrals and also could not report the source for 135 of its   216 applicants. It had no records of having received minority referrals from its minority sources.   jAlso, WNRWTV failed to maintain records of the race or national origin of any applicants. Of   its 54 interviewees, eight (14.8%) were minorities. Minorities were included in four (13.8%)   jinterview pools. During its fiveyear license term, WNRWTV had an average of 35 employees  X7-  \on its staff. In WNRW, we concluded that the licensee failed to comply with our EEO Rule,   zspecifically failing to show recruitment for 15 openings and maintaining insufficient data for   meaningful selfassessment. Consequently, we renewed the license subject to reporting conditions  X-and issued a $15,000 Notice of Apparent Liability for Forfeiture.  X -  21.` ` Stations WMMR(FM) and WXTU(FM) are located in areas with minority labor   forces very similar in size to that of WNRWTV 18.2% minority for the Philadelphia stations   and 17.8% minority for WNRWTV. The licensees of WMMR(FM) and WNRWTV recruited   for approximately half of their openings 6 of 11 (54.6%) for WMMR(FM) and 14 of 29   /(48.3%) for WNRWTV. Also, WMMR(FM) and WNRWTV used a variety of recruitment"h$A ,))qqF#"   sources but failed to maintain complete records on minority referrals. Despite WNRWTV's lack   of records on applicants, minorities were presumably present in at least four applicant pools   because they were reported in four interview pools. Consequently, though WMMR(FM) included   minorities in a higher percentage of applicant pools than did WNRWTV, 5 (45.5%) versus four   (13.8%), WMMR(FM) interviewed only one minority for one job (9.1%) while WNRWTV   interviewed eight minorities for four jobs (13.8%). In addition, though WNRWTV failed to self  assess, WMMR(FM) attempted to engage in some selfassessment during meetings in 1990 and   O1991 and by implementing revisions in its EEO program in 1991. Finally, we note that   WMMR(FM) had only 11 hiring opportunities while WNRWTV had 29. Given the facts of this   zcase and broadcasters' familiarity with our longstanding EEO Rule, a forfeiture of $14,000 is   an appropriate sanction for WMMR(FM)'s violations of the Commission's EEO Rule. Thus, we   =will grant the renewal application of WMMR(FM) subject to a Notice of Apparent Liability for $14,000 and impose reporting conditions to monitor the licensee's EEO efforts.  X -  22.` ` The licensee of WXTU(FM) documented recruitment for only seven of 20  X -  openings (35%) while in WNRW the licensee recruited for 14 of 29 openings (48.3%). Neither   licensee maintained any records of minority referrals. In addition, though both licensees used a   \number of general as well as minority sources, neither used minority sources that produced   kminority referrals. Also, although WNRWTV maintained no race or national origin data on   .applicants, WXTU(FM) had such records for only five of its 20 openings. Both licensees had   records of race and national origin of interviewees for some interview pools, but very few.   Although WXTU(FM) recruited for a lower percentage of openings than WNRWTV,   jWXTU(FM) included minorities in a higher percentage of its interview pools, 8 (40%), than did   WNRWTV, 4 (13.8%). Finally, WXTU(FM) improved its recordkeeping and enlisted the   National Hispanic Media Coalition to help with recruitment, while WNRWTV engaged in no selfassessment.  X-  23.` ` Furthermore, we note that although WXTU(FM) is in the same labor force as the   other station in the instant case, WMMR(FM), its record is less egregious than that of   WMMR(FM) because its minority recruitment efforts were significantly more productive, as   -reflected in the composition of its applicant/interview pools. Also, though WXTU(FM) recruited   for a lower percentage of openings than WMMR(FM), 7 of 20 (35%) for WXTU(FM) versus 6   of 11 (54.6%) for WMMR(FM), WXTU(FM) had a smaller staff than WMMR(FM), averaging   !26 employees compared to 41 employees, respectively. Given the facts of this case and   |broadcasters' familiarity with our longstanding EEO Rule, a forfeiture of $12,000 is an   yappropriate sanction for WXTU(FM)'s violations of the Commission's EEO Rule. Thus, we will   grant the renewal application of WXTU(FM) subject to a Notice of Apparent Liability for $12,000 and impose reporting conditions to monitor the licensee's EEO efforts.  X#-  24.` ` After considering the information before us, we find that hearings are not   \warranted and the records of the licensees support grant of their renewal applications. The   licenses of both stations will be renewed subject to reporting conditions. In addition, we will   issue a Notice of Apparent Liability for $14,000 to WMMR(FM) and a Notice of Apparent Liability for $12,000 to WXTU(FM). " ( ,))qq&"Ԍ X-/ Ordering Clauses ă  X-  25.` ` Accordingly, IT IS ORDERED that the Informal Objection filed by the   Philadelphia Lesbian and Gay Task Force and NOW regarding the licensees of WMMR(FM) and   WXTU(FM) and by ASPIRA, Inc. of Pennsylvania, regarding the licensee of WMMR(FM) IS DENIED.  X_-  26.` ` IT IS FURTHER ORDERED that the Informal Objection filed by the National Black Media Coalition against the licensees of WMMR(FM) and WXTU(FM) IS DENIED.  X -  27.` ` IT IS FURTHER ORDERED that the license renewal applications filed by Group   W Radio, Inc., for Station WMMR(FM), and by WXTU License Limited Partnership for Station WXTU(FM), ARE GRANTED subject to the EEO reporting conditions specified herein.  X -  28.` ` IT IS FURTHER ORDERED that, pursuant to Section 503 of the Communications   Act of 1934, as amended, 47 U.S.C.  503, this document constitutes a NOTICE OF APPARENT   LIABILITY FOR FORFEITURE in the amount of $14,000 for the licensee of WMMR(FM) and $12,000 for the licensee of WXTU(FM).  XK-  p29.` ` IT IS FURTHER ORDERED that the licensees of Stations WMMR(FM) and   WXTU(FM) submit to the Commission an original and one copy of the following information on April 1, 1997, and April 1, 1998: ` `  (a) Two lists divided by fulltime and parttime job vacancies during ` `  the twelve months preceding March 1, 1997, for the first report and ` `  March 1, 1998, for the second report, indicating the job title and FCC ` `  job category, 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  Xe-` `  note which recruitment sources were contacted; ( eh X-Ѝ#C\  P6QɓP# Such a list might start:  yO- ` ` (1) News Director: Officials and Managers; Full-time.  yO- ` ` 3 Applicants: 1 White female A.W.R.T. 1 Black male Urban League 1 Black female NAACP Sources Contacted: Local Newspaper, A.W.R.T., Urban League and NAACP. Selected: Black male (8/19/95) Urban League.(  X7-` `  (b) A list of all employees as of the March 1, 199 7, payroll  X -` `  period for the first report and as of the March 1, 1998, ` `  payroll period for the second report, by job title ` `  and FCC job category, indicating full-time or part-time  X-` `  status (ranked from highest paid classification), date of hire,  X(#(#` `  sex, and race or national origin; and" ) ,))qq"Ԍ` `  (c) Details concerning the station's efforts to recruit minorities and ` `  females for each position filled during the 12month 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.  X1-  30.` ` IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail  X -  -- Return Receipt Requested -- copies of this Memorandum Opinion and Order and Notice of  X -  >Apparent Liability to the Philadelphia Lesbian and Gay Task Force, NOW, ASPIRA, Inc. of   Pennsylvania, the National Black Media Coalition, and the licensees of WMMR(FM) and WXTU(FM).  X -  `31.` ` The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch.  Xb-  32.` ` Regarding the forfeiture proceeding, the licensees of WMMR(FM) and   WXTU(FM) may take any of the actions set forth in Section 1.80 of the Commission's Rules,  X4-  >47 C.F.R.  1.80, as summarized in the attachment to this Order. Any comments concerning ability to pay should include those financial items set forth in the attachment. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William F. Caton ` `  hh,Acting Secretary  XN-"N ,))qq^"  X- ȅ  CONCURRING STATEMENT OF  X- COMMISSIONER JAMES H. QUELLO  X-  X-  X-In Re Applications of Group W Radio, Inc., et al.  Xv-  I concur in this decision because it represents a classic case of bureaucratic overkill; of the FCC's inability to see the forest for the trees in implementation of its EEO regulation.  1The Commission's EEO rules are efforts, rather than results, based; an approach that   results from a judicial and political disregard for racebased quotas. However, the outcome in   zthese two cases exemplifies the inherent absurdity of an effortsbased rule. With respect to   lWXTU(FM), as the item correctly recognizes, the licensee could not produce paperwork   demonstrating that it actively recruited for 13 of the 20 vacancies during the threeyear reporting   period. Despite the lack of an adequate paper trail, however, the hiring record of WXTU(FM)   was exemplary. The station employed minorities well above 50% of parity for minorities in the   kwork force for every year of the license term, including for all of its upperlevel jobs, and for   four of the seven years were at or just below 100% of parity. Despite the fact that this record   iindicates that the licensee recruited actively for minorities, because of the absence of an adequate   paper trail, the majority feels compelled to flex its bureaucratic muscle by imposing a forfeiture  X4-of $12,000. I cannot embrace this reasoning.  {With respect to WMMR(FM), the current owner of the station acquired it just two years  X-  before the end of the license term. It therefore had little opportunity to implement an EEO   program that would produce positive results. Despite this fact, the majority imposes a forfeiture  X-of ȅ  $14,000. ` `   lUntil this Agency approaches EEO enforcement with its head as well as its heart, we will   continue to be criticized, thereby placing in jeopardy our entire EEO scheme. I therefore must  Xe-concur in this result. l  X7-  X -  X -