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INTRODUCTION 1. The Commission has before it for consideration: (i) a license renewal application for the captioned television station; (ii) a Petition to Deny filed by Bobby Duffy ("petitioner"); and (iii) the licensee's opposition to the petition. 2. Duffy alleges that KTBY(TV) violated our Equal Employment Opportunity (EEO) Rule and policies. Accordingly, he 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) (Bilingual) and designate the renewal application for hearing. The licensee opposes Duffy's allegations, urging that he has failed to establish any violations of our EEO requirements and that unconditional renewal of the license should be granted. II. BACKGROUND 3. Standing. In challenging an application pursuant to Section 309(d)(1) of the Communications Act of 1934, as amended, 47 U.S.C.  309(d)(1), a petitioner must demonstrate party in interest status. The allegations, except for those of which official notice may be taken, must be supported by the affidavit of a person with personal knowledge of the facts alleged. 47 U.S.C.  309(d)(1). 4. Submitted with the petition is a statement under penalty of perjury supplied by Duffy stating that he is a resident of Anchorage and a regular viewer of KTBY(TV) who would be aggrieved if the petition is not granted. We find that this statement meets the requirements for standing. See NAB Petition for Rulemaking, 82 FCC 2d 89 (1980). Accordingly, we hold that Duffy has standing with respect to Station KTBY(TV). 5. Prima Facie Case. A petitioner must, as a threshold matter, submit, "specific allegations of fact sufficient to show...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). The petitioner derived his factual allegations from the licensee's EEO program and Annual Employment Reports. As a threshold matter, we found that the petitioner made a prima facie showing that grant of the renewal application would have been inconsistent with the public interest. See Section 309(d)(1) of the Communications Act of 1934, 47 U.S.C.  309(d)(1); Astroline. 6. Review of the petitioner's EEO allegations, as well as the licensee's renewal application and opposition leads us to conclude that there are no substantial and material questions of fact warranting designation for hearing. In addition, we find no evidence that the licensee engaged in discrimination. However, we find that the licensee's EEO efforts warrant a remedy. III. DISCUSSION 7. 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 that reflects 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 minorities and women and the licensee's ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective action if qualified minorities are not present in the applicant pools. The Commission also focuses on 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). 8. Review of the licensee's renewal application and opposition reveals that the station had 21 full-time hiring opportunities, including 11 for upper-level positions for the period September 9, 1990 through January 1, 1994. The licensee recruited for all 21 vacancies. For 16 jobs, KTBY(TV) used a combination of 10 sources, including general sources, minority sources and employee referrals. During the renewal year, which began September 1, 1992, KTBY(TV) modified its recruitment efforts and contacted two general, twenty minority and three women's sources for three of five remaining positions. As a result of these contacts, KTBY(TV) received 21 minority applicants among 250 total applicants, including one minority and two female referrals provided by the station's employees. 9. Minorities were present in 10 (52.63%) of the 19 overall applicant pools and six (66%) of the nine applicant pools for upper-level positions. Minorities were included in nine (47%) of the 19 overall interview pools and three (33%) of the nine upper-level interview pools. KTBY(TV) reported two minority hires, including one minority hire for an upper-level vacancy. 10. The petitioner argues that the licensee has failed to implement a legally sufficient program for the employment of minorities and has failed to self-assess its program. He contends that the licensee's EEO program is deficient as evidenced by an alleged "underrepresentation" of minorities in KTBY(TV)'s workforce. He further contends that the licensee contacted no minority-specific recruitment sources and failed to obtain more than two minority applicants for its 21 vacancies. Finally, Duffy concludes that the licensee's 1993 EEO Program Report (FCC Form 396) reflects even less activity than did its 1988 Report. He notes that the 1988 Report reflects only three minority applicants, one minority hire, and three EEO complaints. In contrast, he states that the 1993 Report reveals two minority applicants, no minority referrals and no minority hires. 11. The licensee responds that the petitioner has based his arguments solely on its Annual Employment Reports (FCC Form 395-B). The licensee argues that this "limited data" highlighted by Duffy, "does not reflect the full extent and effectiveness of its actual EEO efforts." In opposition, KTBY(TV) states that it has "consistently" made EEO efforts, but those efforts were hampered by "very low turnover" and usually only four full-time vacancies per year. The licensee adds that minorities applied for ten (50%) of the positions filled during the license term and, thus, maintains that its recruitment efforts were productive. It further adds that it hired two minorities for permanent positions at the station and made two additional offers of permanent employment to minorities, but these offers were declined. The licensee notes that had the offers been accepted, KTBY(TV) would have "hired minorities at a rate exceeding their representation in the area labor force." It also notes that "in a number of instances, [its] outreach was limited to the use of local newspaper ads..." because these sources produced more minority referrals than all other sources combined. The licensee further notes that local newspapers produced 17 of KTBY(TV)'s 21 minority applicants while minority sources produced four minority applicants. The licensee indicated that it experienced difficulty attracting minority applicants and that for future vacancies it intends to contact the National Association of Broadcasters Minority Employment Clearinghouse, the State of Alaska Job Service and the Odum Employment Agency. Finally, KTBY(TV) concludes that it "engaged in the type of review and revision of its EEO program contemplated by the Commission's Rules" and that it made "substantial EEO efforts" designed to comply with those rules. 12. We find Duffy's contention regarding the licensee's allegedly worsening EEO performance to be based on a faulty premise. Duffy concluded that the licensee's 1993 EEO Program Report showed less activity than its 1988 Report because the licensee allegedly attracted no minority referrals in 1993. However, KTBY(TV)'s 1993 EEO Program Report states that it had five minority referrals in the renewal year. We also reject Duffy's assertion regarding an "underrepresentation" of minority employees. Compliance with our rules is not based on meeting or exceeding a numerical goal, but on the total efforts to recruit and promote minorities and females and the ongoing assessment of those efforts. See Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC Rcd 3967, 3974 (1987). 13. Our review raises no substantial and material questions of fact warranting designation for hearing. See Astroline. In this regard, we find no indication of employment discrimination. KTBY(TV) attracted and interviewed minority applicants. See 47 C.F.R.  73.2080. 14. Nevertheless, we find that the licensee has made inadequate minority recruitment efforts at station KTBY(TV) because it failed to fully utilize minority-specific recruitment sources. In South Carolina Renewals, we held that a licensee could rely on general sources if such sources were adequately productive. However, we also held that if a licensee's reliance on general sources failed to produce meaningful results, we would question whether minority recruitment was adequate. In this case, the licensee relied primarily on general sources to attract minority candidates throughout the license term. It used its minority sources for only six of 16 jobs filled before the renewal year. Further, the licensee indicated in its 1993 EEO Program Report that it had difficulty attracting minority applicants. Thus, we find the licensee's almost exclusive reliance on general sources to be unwarranted, particularly in light of its concerns regarding minority applicants. Second, we find without merit the licensee's argument regarding the productivity of its minority sources. KTBY(TV) stated in its opposition that it relied on general sources because these sources were twice as effective as minority sources. However, KTBY(TV) did not make serious efforts to contact minority sources until approximately nine months before it filed its renewal application. In January 1993, KTBY(TV) began to use a list of 20 minority and three female sources designed to attract minority and female candidates. The station used the list for three of five full-time jobs beginning in January 1993. Yet, prior to January 1993, the station only sporadically contacted minority sources. 15. We further find that the licensee did not effectively self-assess its efforts because it failed to make adjustments to its EEO program despite inadequate minority applicant flow as manifest by its referral, applicant and interviewee data. In this regard, KTBY(TV) failed to self- assess its efforts until nine months prior to license term expiration, at which time it had filled 16 of its 21 jobs. Given the foregoing deficiency in KTBY(TV)'s EEO program, we will grant the licensee's renewal application subject to reporting conditions, so that we may more closely monitor the licensee's recruitment and self-assessment efforts. IV. CONCLUSION 16. Upon review of the entire record, we find that no hearing is warranted. In order to more closely monitor KTBY(TV)'s recruitment and self-assessment efforts, we will grant the renewal subject to reporting conditions. V. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED that the Petition to Deny filed by Bobby Duffy regarding the renewal application of KTBY, Inc. for Station KTBY(TV) IS DENIED. 18. IT IS FURTHER ORDERED that the license renewal application for Station KTBY(TV) IS GRANTED, subject to the reporting conditions specified herein. 19. IT IS FURTHER ORDERED, that the licensee of Station KTBY(TV) submit to the Commission an original and one copy of the following information on October 1, 1997 and October 1, 1998: (a) For each report, two lists divided by full-time and part-time job vacancies during the twelve months preceding September 1, 1997 for the first report, and September 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. This list should also note which recruitment sources were contacted; (b) A list of employees as of the September 1, 1997, payroll period for the first report and as of the September 1, 1998, payroll period for the second report, by job title, indicating full-time or part-time status (ranked from highest paid classification), date of hire, sex, and race or national origin; and (c) Details concerning the station's efforts to recruit minorities for each position filled during the 12-month 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. 20. The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. 21. IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- one copy each of this Memorandum Opinion and Order to KTBY, Inc. and Bobby Duffy. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary