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X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2  y % 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 2   c < a6Right 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 a1DocumentgDocument Style StyleXqq   l ^) I. ׃  2s+: eeDoc InitInitialize Document Style  0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgTech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technicala5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . 2bSa2TechnicalTechnical Document Style<6  ?  A.   a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   23a7TechnicalTechnical Document Style(@D i) . a8TechnicalTechnical Document Style(D a) . PleadingHeader for numbered pleading paperP@n   $] X X` hp x (#%'0*,.8135@8:(g`:Underlined Heading Flush LeftK+0F8K,—+0()* Heading 1>(g`:Centered HeadingVK)K+0F8K,—+0(+,* à  Bullet List(g`:Indented Bullet ListK*K+0F8K,—+0(-.` ` ` 2)@@ @\#@&"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddSeptember 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  XN-  /sourcesN $ yO!-#C\  P6QP#Ѝ Minority sources were contacted for six jobs and, these sources produced three minority applicants. and employee referrals. During the renewal year, which began September 1, 1992,  X7-  KTBY(TV) modified its recruitment efforts and contacted two general, twenty minority and three  X -  women's sources for three of five remaining positions.X $ yOj$-  #C\  P6QP#Ѝ In its opposition, the licensee indicated that in December 1992 it began using a list of 20 minority and female   recruitment sources. Our review discloses that these sources were initially used to recruit for a vacancy in January 1993. Use of these minority sources attracted two minority referrals and one minority applicant. 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. ",))qq<"Ԍ X-  `ԙ 9.` ` Minorities were present in 10 (52.63%) of the 19 overall applicant pools and six  X-  .(66%) of the nine applicant pools for upperlevel positions.H $ yOb-  Y#C\  P6QP#Ѝ The licensee used the same applicant pool on two different occasions. In the first case, a single applicant pool   Ywas used to fill two Account Executive positions in February and March of 1991. In the second instance, the same   pool was used for an Account Executive position and Accounting Assistant position filled in July 1992 and January 1993, respectively. Thus, the number of hires differs from the actual number of applicant pools.H Minorities were included in nine   j(47%) of the 19 overall interview pools and three (33%) of the nine upperlevel interview pools.  X-  KTBY(TV) reported two minority hires, including one minority hire for an upperlevel vacancy. cH $ yO -  #C\  P6QP#Ѝ The license term for KTBY(TV) ended February 1, 1994. The following is based on labor force data for  yO -  ,the Anchorage, AK Metropolitan Statistical Area (MSA).  In 1980, the Anchorage MSA had a labor force that was   44.30% female and 12.60% minority (4.30% Black, 2.30% Hispanic, 2.10% Asian/Pacific Islander and 3.90%   -American Indian). The 1989 report reflects 11 women (47.83%) among 23 overall employees, including seven   women (41.18%) listed among 17 employees in upperlevel positions. The 1990 report reflects nine women (37.50%)   wamong 24 employees overall, including 5 women (29.41%) among 17 employees in upperlevel positions. The 1991   report reflects nine women (32.14%) among 28 employees overall, including 5 women (25.00%) among 20   employees in upperlevel positions. In the 1992 report, nine women (37.50%) and one American Indian (4.17%)   were reported among 24 employees, including 5 women (27.78%) and one American Indian (5.56%) are listed among 18 employees in upperlevel positions. No minority employees are listed for 1989, 1990 and 1991.   The Commission began to use 1990 Census data for license renewal applications filed after May 31, 1993, and for  yO|-  w1993 Annual Employment Reports. See "EEO Branch of Mass Media Bureau to Use 1990 U.S. Census Data," Public  yOD-  Notice released April 12, 1993, FCC No. 32651. In 1990, the Anchorage MSA had a labor force that was 46.20%   Kfemale and 18.00% minority (4.90% Black, 3.60% Hispanic, 4.50% Asian/Pacific Islander and 5.00% American   Indian). The 1993 Annual Employment Report lists 10 women (43.48%) among 23 employees overall, including six women (35.29%) listed among 17 employees in upperlevel positions. No minority employees are reported. c  X-  X-  #10.` ` The petitioner argues that the licensee has failed to implement a legally sufficient   program for the employment of minorities and has failed to selfassess its program. He contends   that the licensee's EEO program is deficient as evidenced by an alleged "underrepresentation" of   lminorities in KTBY(TV)'s workforce. He further contends that the licensee contacted no   minorityspecific 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  X -  zForm 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.  X -  X-  11.` ` The licensee responds that the petitioner has based his arguments solely on its   Annual Employment Reports (FCC Form 395B). The licensee argues that this "limited data"   Khighlighted 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   jwere hampered by "very low turnover" and usually only four fulltime vacancies per year. The  X-  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",))qqs"  X-  -employment to minorities, but these offers were declined.@$ yOy-  j#C\  P6QP#Ѝ The initial offer was extended to a Black female, in March 1991, for an upperlevel Account Executive position. The second offer was extended to an Hispanic female, in July 1992, for an Accounting Assistant position.@ 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   xto the use of local newspaper ads..." because these sources produced more minority referrals than  X-  all other sources combined. $ yOu-#C\  P6QP#э KTBY(TV) used newspaper ads to recruit for 17 vacancies. 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  X_-  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.   MFinally, 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.  X -  X -  12.` ` We find Duffy's contention regarding the licensee's allegedly worsening EEO   kperformance to be based on a faulty premise. Duffy concluded that the licensee's 1993 EEO   ZProgram Report showed less activity than its 1988 Report because the licensee allegedly attracted   Mno minority referrals in 1993. However, KTBY(TV)'s 1993 EEO Program Report states that it  Xy-  had five minority referrals in the renewal year. We also reject Duffy's assertion regarding an  Xb-  Z"under representation" 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  X4-  ?females and the ongoing assessment of those efforts.  See Amendment of Part 73 of the  X-  Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and  X-Television Services, 2 FCC Rcd 3967, 3974 (1987).  X-  X-  13.` ` Our review raises no substantial and material questions of fact warranting  X-  kdesignation for hearing. See Astroline. In this regard, we find no indication of employment  X-  discrimination. KTBY(TV) attracted and interviewed minority applicants. See 47 C.F.R.  73.2080.  X|-  Xe-  214.` ` Nevertheless, we find that the licensee has made inadequate minority recruitment   ]efforts at station KTBY(TV) because it failed to fully utilize minorityspecific recruitment  X7-  =sources. In South Carolina Renewals,q7$ yO"-#C\  P6QP#э 5 FCC Rcd 1704, 1709 n.8 (1990).q 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   Lminority 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"!@,))qq "  X-  kexclusive 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   Mthe 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 fulltime jobs beginning in January 1993. Yet, prior to January 1993, the station only sporadically contacted minority sources.  X -  } 15. ` ` We further find that the licensee did not effectively selfassess 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  jassess its efforts until nine months prior to license term expiration, at which time it had filled 16  X -  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 selfassessment efforts.  Xb- |/IV. CONCLUSION  X4-   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 selfassessment efforts, we will grant the renewal subject to reporting conditions.  X- 5V. ORDERING CLAUSES à  X-  17.` ` Accordingly, IT IS ORDERED that the Petition to Deny filed by Bobby Duffy  X-regarding the renewal application of KTBY, Inc. for Station KTBY(TV) IS DENIED .  Xe-   18.` ` IT IS FURTHER ORDERED that the license renewal application for Station  XN-KTBY(TV) IS GRANTED , subject to the reporting conditions specified herein.  X7-  X -   19.` ` IT IS FURTHER ORDERED , that the licensee of Station KTBY(TV)  $ X-  Ѝ #C\  P6QP#In this regard, we are mindful of a pending application for assignment of the license for KTBY(TV) from   ZKTBY, Inc. to Grapevine Broadcasting of Anchorage, Inc. (File No. BALCT-961001IM). In the event that the   <license is assigned, the reporting conditions will apply to the assignee of KTBY(TV) upon consummation of the  yO"-  assignment.  See San Luis Obispo Limited Partnership, 9 FCC Rcd 894 (1994); Woolfson Broadcasting Corporation, 4 FCC Rcd 6160 (1989). submit   to the Commission an original and one copy of the following information on October 1, 1997 and October 1, 1998:  X -  X(a) X` ` For each report, two lists divided by fulltime and parttime job vacancies during   nthe twelve months preceding September 1, 1997 for the first report, and September"! ,))qq "   1, 1998 for the second report, indicating the job title and FCC job category, date   Qof 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  X-should also note which recruitment sources were contacted; @$ yO4-#C\  P6QP#э Such a list might start: ` ` (1) News Director; Officials and Managers; Fulltime 3 Applicants: ` `  1 White female Women in Communications ` `  1 Black male Urban League ` `  1 Black female A.W.R.T.,  yO -` ` Sources contacted: Local Newspaper, A.W.R.T., Urban League, and Women  X(#(# yO -` ` in Communicationshh, ` ` Selected: Black female (08/19/97) (A.W.R.T.)(#`  X-  X(b) X` ` 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 fulltime or parttime status (ranked from highest paid classification), date of hire, sex, and race or national origin; and(#`  X -  nX(c) X` ` Details concerning the station's efforts to recruit minorities 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  X -the station's EEO performance and its efforts thereunder.    (#`  X-  `20.` ` The reports are to be filed with the Acting Secretary of the Commission for the  Xy-attention of the Mass Media Bureau's EEO Branch.  XK-  1 21. ` ` IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail  X4-  ԩ Return Receipt Requested one copy each of this Memorandum Opinion and Order to KTBY, Inc. and Bobby Duffy. ` `  hh,FEDERAL COMMUNICATIONS COMMISSION ` `  hh,William F. Caton ` `  hh,Acting Secretary