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File pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ************************************************************************* Federal Communications Commission FCC 96-290 Before the Federal Communications Commission Washington, D.C. 20554 In re Application of ) ) ) UTV of San Antonio, Inc. ) BRCT-930401K5 ) For Renewal of License for ) Station KMOL-TV ) San Antonio, Texas ) MEMORANDUM OPINION AND ORDER Adopted: June 28, 1996; Released: July 22, 1996 By the Commission: 1. The Commission has before it an Application for Review timely filed on September 18, 1995, by the San Antonio, Texas Branch of the NAACP ("NAACP") regarding the Memorandum Opinion and Order ("MO&O") of the Chief, Mass Media Bureau, released August 18, 1995, in the above-captioned matter. The MO&O held that the NAACP had failed to make a prima facie case that the licensee violated our Equal Employment Opportunity Rule (EEO) Rule, 47 C.F.R.  73.2080. The MO&O granted unconditionally the renewal application for KMOL-TV, San Antonio, Texas, and denied the NAACP's petition to deny. Also before the Commission are the licensee's opposition to the NAACP's application for review and the NAACP's reply thereto. For the reasons that follow, we deny the application for review. 2. The NAACP argues that the Commission should have investigated the station's employment practices, designated KMOL-TV's renewal application for hearing, and denied the application. The NAACP also argues that the Commission should require licensees to use non- Census labor force statistics, if necessary, to be aware of major demographic shifts in their labor force, that we should change our processing guidelines, and that a different standard of review should be used for large and small stations. In addition, the NAACP contends that the Commission should investigate the licensee based upon the individual discrimination charge filed against the licensee by a former KMOL-TV employee, George M. Burton. Attached to the application for review was a copy of the Equal Employment Opportunity Commission's (EEOC) September 1, 1994, letter dismissing Mr. Burton's charge, in which the EEOC held that Mr. Burton had failed to prove that he was discriminated against at KMOL-TV. The EEOC found that a station employee had made remarks of a "racial nature," though not to Mr. Burton directly. However, the EEOC further found that the station, upon notification of the remarks having been made, "cautioned its employees by reiterating its policy that derogatory racial comments and actions would not be tolerated in the workplace." In addition, the EEOC found that "no evidence was revealed to indicate the indirect racial slurs were sufficiently pervasive as to create a poisoned working environment that interfered with [Mr. Burton's] job" and no evidence indicated that "[Mr. Burton's] working environment was so hostile, offensive, or intimidating, as to compel him to resign." 3. We find that the NAACP's argument that the Commission should require licensees to use non-Census labor force data and be aware of demographic changes is contrary to Commission precedent and without merit. The Commission has consistently used Census data as an objective and uniformly applied criterion in our initial review of broadcasters' EEO programs. Community Television of Southern California, 6 FCC Rcd 4995, 4996 (1991). We reject the request to change our processing guidelines and analysis of stations of different sizes. As we have stated before, the license renewal process is generally not the proper forum for us to change policies or to adopt new policies in this area. See Spectacor Broadcasting L.P., 9 FCC Rcd 1729, 1730 n.5 (1993). 4. Regarding allegations of employment discrimination, it is our policy that individual charges of employment discrimination should be resolved in the first instance by the EEOC or other government agency and/or court established to enforce non-discrimination laws. Under this policy, the Commission will take cognizance of any final determination of employment discrimination. See Memorandum of Understanding Between the Federal Communications Commission and the Equal Employment Opportunity Commission, 70 FCC 2d 2320, 2330 (1978) ("MOU"). See also, WNBC-TV, 5 FCC Rcd 2049 (1990); KSDK, Inc., 85 FCC 2d 797 (1981), recon. den., 88 FCC 2d 1443 (1982). In this case, the EEOC found that there was no discrimination in violation of Title VII of the Civil Rights Act of 1964, as amended. The NAACP has submitted no evidence to warrant our further investigation of this matter. Moreover, the Bureau properly found in the MO&O that there was no evidence that any part of our EEO Rule was violated. 5. After review of the application for review and its attachments, the EEOC's findings in Mr. Burton's discrimination charge, and all other arguments and evidence, we find that the NAACP has not shown that the Bureau's ruling was incorrect and, thus, no basis exists to warrant review. Accordingly, IT IS ORDERED, that, pursuant to Section 1.115(g) of the Commission's Rules, the Application for Review filed on September 18, 1995, by the NAACP IS DENIED. 6. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail - - Return Receipt Requested -- copies of this Memorandum Opinion and Order to UTV of San Antonio, Inc. and the NAACP. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary