NOTICE ************************************************************************* NOTICE ************************************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file pnmc5021. File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In re Application of ) ) Retlaw Enterprises, Inc. ) File No. BRCT-931001KZ ) For Renewal of License for ) Station KEPR-TV ) Pasco, Washington ) MEMORANDUM OPINION AND ORDER Adopted: May 31, 1996; Released: June 11, 1996 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) the above-captioned license renewal application for television station KEPR-TV, Pasco, Washington; (ii) a Petition to Deny timely filed on January 3, 1994, by the Washington/Oregon State Conference of Branches of the NAACP, through its Portland, Benton/Franklin and Yakima branches ("NAACP"); and (iii) an opposition filed by the licensee. II. BACKGROUND 2. The NAACP alleges that KEPR-TV violated our Equal Employment Opportunity (EEO) Rule and policies. Accordingly, it requests that we conduct an investigation of the station's employment practices pursuant to Bilingual Bicultural Coalition on Mass Media v. FCC, 595 F.2d 621 (D.C. Cir. 1978) and designate the renewal application for hearing. The licensee opposes the NAACP's allegations, urging that the petitioner has failed to establish any violations of our EEO requirements and that unconditional renewal of the license should be granted. 3. In challenging an application pursuant to Section 309(d) of the Communications Act of 1934, as amended, a petitioner must, as a threshold matter, submit "specific allegations of fact sufficient to show that the petitioner is a party in interest and 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 an affidavit of a person or persons with personal knowledge of the facts. 47 U.S.C.  309(d)(1). 4. Standing. Submitted with the petition is a statement under penalty of perjury supplied by an NAACP member and officer who affirms that she is a regular viewer of KEPR- TV and would be aggrieved if the petition is not granted. We find that this declaration meets our requirements for standing. See NAB Petition for Rulemaking, 82 FCC 2d 89 (1980). Accordingly, we hold that the NAACP has petitioner status with respect to station KEPR-TV. 5. Prima Facie Case. The allegations in the petition are premised on the licensee's EEO program and annual employment reports. We do not find that the NAACP has established a prima facie case under Section 309(d)(1) of the Communications Act. For reasons that will be discussed below, the petition fails to make specific allegations of fact that would, if true, demonstrate that grant of the application would be inconsistent with the public interest. 6. Having reviewed all matters presented, we conclude that there are no substantial and material questions of fact warranting designation for hearing. Further, we find no evidence of employment discrimination. Thus, since the licensee is otherwise qualified, grant of the application will serve the public interest. III. DISCUSSION 7. Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from employment discrimination and establish and maintain an equal employment opportunity 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 any evidence of discrimination by the licensee. See Sections 73.2080(a), (b) and (c). 8. A review of KEPR-TV's 1993 EEO Program Report reveals that, for the renewal year period of October 1, 1992 to September 30, 1993, KEPR-TV listed as recruitment sources three publications of interest to women and minorities, three educational institutions and four minority organizations. KEPR-TV reported that it received six minority referrals from these sources. During the renewal year, KEPR-TV hired ten employees, all of whom were upper-level (it is not indicated how many were in full-time positions). KEPR-TV reported one minority hire. The licensee also indicated that it conducted a high school and college internship program during the license term in which six persons participated, three of whom were minorities. It further indicated that "this month" (presumably September 1993) an additional paid internship program had been instituted to focus on the training of minorities, to be administered by a minority part-time employee of the station. 9. In its petition, the NAACP notes that KEPR-TV's 1993 EEO Program Report reflects six minority referrals whereas the station's 1988 EEO Program Report reflected 26 such referrals. It also urges that we should question the licensee's claim to have contacted three minority organizations; to have employed minority interns; and to have instituted a new minority internship program. It faults the licensee for having been "unclear" as to whether these activities were ongoing throughout the license term or were commenced just prior to the expiration of the license term. It contends that they would be pertinent only if they occurred throughout the license term. The NAACP further characterizes the licensee's statistical record of minority employment as having been "so abysmal for so long" as to require an explanation. 10. We find that the NAACP has failed to make a prima facie case that the grant of KEPR-TV's renewal application would be inconsistent with the public interest as required by Section 309(d)(1) of the Act, 47 U.S.C.  309(d)(1). In its petition to deny, the NAACP does not make specific allegations that would require further consideration nor does it allege facts that would establish a violation of the Commission's EEO Rule. See Astroline. Moreover, we conclude that there is no evidence of discrimination. The licensee has recruited minority applicants. In addition, we have found no deficiencies in KEPR-TV's EEO program which would warrant a sanction or remedy. 11. The NAACP does not make any specific allegations of fact regarding the licensee's failure to comply with our EEO Rule and policies. First, the suggestion that the licensee was less diligent in its minority recruitment efforts during its most recent license term because its 1993 EEO Program Report reflected fewer minority referrals than its 1988 EEO Program Report is speculative. Recruitment efforts and results vary from year to year, depending on the types of vacancies available and the sources contacted. We do not find KEPR-TV's 1993 recruitment efforts deficient in this regard. During the renewal year, the licensee recruited for its vacancies employing ten sources, including minority-oriented organizations, and attracted six minority referrals. The NAACP also questions whether the licensee in fact contacted minority organizations, conducted an internship program and initiated a second internship program oriented to minorities throughout the license term. In its 1993 EEO Program Report, the licensee concedes that its new internship program oriented to minorities was only instituted within a month prior to the filing of its renewal application. However, this fact, which was freely disclosed, does not serve to raise a question as to whether the licensee's contacts with minority organizations or its other internship program were only recently instituted. Accordingly, the NAACP's allegations do not raise a question as to the adequacy of the licensee's efforts to recruit minority applicants. The station's minority employment profile would not, standing alone, constitute grounds for sanction because our primary concern relates to a licensee's efforts to recruit minority applicants rather than the attainment of a particular statistical benchmark. Miami/Florida Renewals, 5 FCC Rcd 4893, 4894 (1990). IV. CONCLUSION 12. Based upon the record, we find that a hearing is not warranted. Therefore, we will deny the petition filed by the NAACP and, finding the licensee to be otherwise qualified, we will grant unconditional renewal of the license for KEPR-TV. V. ORDERING CLAUSES 13. Accordingly, IT IS ORDERED that the Petition to Deny filed by the Washington/Oregon State Conference of Branches of the NAACP, through its Portland, Benton/Franklin and Yakima branches, regarding KEPR-TV IS DENIED. 14. IT IS FURTHER ORDERED, that the renewal application filed by Retlaw Enterprises, Inc. for Station KEPR-TV IS GRANTED. 15. IT IS FURTHER ORDERED, that copies of this Memorandum Opinion and Order be sent by Certified Mail -- Return Receipt Requested -- to the Washington/Oregon State Conference of Branches of the NAACP and Retlaw Enterprises, Inc. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary