WPC= 2HBVX@Z3|C (TT)7PC2XDXP\  P6QXP"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddHP LaserJet 4/4MtScriptitional)HPLAS4.WRSSXP\  P6Q,,g 6XP2 zZ 3|C?7PC2X DXP\  P6QXP.@7UC2XxXU4  pQXAy.C8*XC\  P6QP.By.G8*XG4  pQCW!0(X h0\  P6QhPX\  P6QP.X4  pQ23* Z]vp-Times New Roman (TT)Times New Roman (Bold) (TT)HP LaserJet 4/4MtScriptitional)HPLAS4.WRSSXP\  P6Q,,g 6XPa8DocumentgDocument Style StyleXX` `  ` a4DocumentgDocument Style Style . 2 kk:  vJ a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  a7DocumentgDocument Style StyleyXX` ` (#` 2J t f   BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers:`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` a3DocumentgDocument Style Style B b  ?  1.  2d | ( a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers _o` `  @h(1)  hh#(#h a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# 2f??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 Technicala1DocumentgDocument Style Style\s0  zN8F I. ׃  2AOa5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   2J|>a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . 23|eDoc 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:d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddChapters in Indian River, South Brevard and St. Lucie Counties and with the director of the   LHispanic Council. He also spoke at continuing education classes at Indiana River College and   Brevard College and visited local high schools to urge minority and female students to develop the skills needed to seek broadcast jobs.  XH-  n9.` ` In its petition, Rainbow alleges that the stations sought to excuse their "extremely   low minority employment" by reference in the 1995 EEO Program Report to ". . . the difficulty   in attracting qualified minority candidates where a substantial portion of the minority labor force   kare recent immigrants from Haiti and elsewhere, with little education and who primarily work   in agriculture." Rainbow asserts that in fact the "vast majority" of minorities in Indian River   =County (where Vero Beach is located) have lived in the area for decades and that only 6.3% of   [the Indian River County labor force were engaged in agriculture according to the 1990 Census.   In its response, the licensee reiterates its commitment to its EEO program, relying upon the   /record already before the Commission. In reply, Rainbow asserts that the licensee failed to respond to the substance of its allegations, and therefore further inquiry is justified.  XK-  10.` ` We find that Rainbow has failed to make a prima facie case that the grant of the   renewal applications 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, Rainbow does not make   Lspecific allegations that would require further consideration nor does it allege facts that would  X-  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 and hired minorities. In   addition, we have found no deficiencies in the stations' EEO program which would warrant a sanction or remedy. "i ,-(-(ZZ"Ԍ X-  Ԇ11.` ` Initially, with respect to the allegedly incorrect demographic statement in Sandab's   <1995 EEO Program Report, Rainbow has not demonstrated that there is an inconsistency between   the licensee's statement and Rainbow's assertions concerning the demographics of Indian River   County. Indian River County constitutes the stations' labor force for statistical purposes.   However, according to its 1995 EEO Program Report, Sandab does not limit its minority   recruitment efforts to Indian River County. Nor does its statement concerning the demographics   of its labor force purport to be limited to the labor force within Indian River County. Second,   Kthe licensee's statement is not offered for the purpose of excusing a deficient past record. Rather,   it is offered for the purpose of explaining why the licensee believes that "creative efforts" at   minority recruitment may be warranted. In addition, Rainbow's characterization that the "vast   Nmajority" of minorities have resided in the County for decades would not necessarily be   Linconsistent with a characterization that a "substantial portion" are recent immigrants because   Lneither characterization is directly supported by reference to an official record. Hence, we find   both statements imprecise and subjective. In any event, Rainbow's allegation does not, without  X -  more, constitute a specific allegation of fact sufficient to support a prima facie determination that   the licensee failed to recruit minority applicants for vacancies at the stations as required by our EEO Rule.  Xb-  12.` ` Regarding the licensee's decision not to file an opposition, no adverse inference   is warranted based on Sandab's letter response, which elects to rely on evidence already on file   concerning its EEO record. We will not draw an adverse inference where a licensee chooses not   Oto file an opposition. Section 73.3584(b) of the Rules, 47 C.F.R.  73.3584(b). Absent   KCommission inquiry, there is no basis for an adverse inference because a licensee chooses to rely   on information already supplied. Accordingly, Rainbow'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  X-  attainment of a particular statistical benchmark. Channel 5 Public Broadcasting Inc., 10 FCC Rcd  X|-  110388, 10389 (1995); Miami/Florida Renewals, 5 FCC Rcd 4893, 4894 (1990). We have  Xe-  reviewed all of the evidence before us and do not find a prima facie case that the licensee has violated our EEO Rule.  X -|/ IV. CONCLUSION ă  X-  n13.` ` Based upon the record, we find that a hearing is not warranted. Therefore, we will   deny the petition filed by Rainbow and, finding the licensee to be otherwise qualified, we will grant unconditional renewal of the licenses for WTTB(AM) and WGYL(FM).  X"-W V. ORDERING CLAUSES ă  Xh$-  14.` ` Accordingly, IT IS ORDERED that the Petition to Deny filed by the Southern  XQ%-Region of the National Rainbow Coalition regarding WTTB(AM) and WGYL(FM) IS DENIED . ":&,-(-(ZZ$"Ԍ X-  3 15.` ` IT IS FURTHER ORDERED that the renewal applications filed by Sandab  X-  Communications Limited Partnership II for Stations WTTB(AM) and WGYL(FM) ARE  X-GRANTED .  X-  216.` ` IT IS FURTHER ORDERED that the Mass Media Bureau send copies of this  X-  NMemorandum Opinion and Order by Certified Mail -- Return Receipt Requested -- to the   Southern Region of the National Rainbow Coalition and Sandab Communications Limited Partnership II. XX` ` X XXhh,FEDERAL COMMUNICATIONS COMMISSION(#h XX` ` X XXhh,William F. Caton(#h  X -` ` hh,Acting Secretary