WPCn 2MBVRKZ3|x y.X80,,X\  P6G;P"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN K Z3|x "i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN2$_@Right Par 7Right Par 7/` hp x (#X` hp x (#X` hp x (#` hp x (#Right Par 8Right Par 80` hp x (#X` hp x (#0X` hp x (#0` hp x (#Document 1Document 11` hp x (#X` hp x (#X` hp x (#` hp x (#Technical 5Technical 52` hp x (#X` hp x (# X` hp x (#` hp x (#2G3$B4lD5lEE6$ETechnical 6Technical 63` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 2Technical 24 Technical 3Technical 35 Technical 4Technical 46` hp x (#X` hp x (# X` hp x (#` hp x (#2N7lH8$sH9$J:LTechnical 1Technical 17 Technical 7Technical 78` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 8Technical 89` hp x (#X` hp x (# X` hp x (#` hp x (#toc 1toc 1:` hp x (#!(#B!(#B` hp x (#2W; O<)Q=GS>eUtoc 2toc 2;` hp x (#` !(#B` !(#B` hp x (#toc 3toc 3<` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4=` hp x (# !(#  !(# ` hp x (#toc 5toc 5>` hp x (#h!(# h!(# ` hp x (#2^?W@vYAIZBg\toc 6toc 6?` hp x (#!(#!(#` hp x (#toc 7toc 7@ toc 8toc 8A` hp x (#!(#!(#` hp x (#toc 9toc 9B` hp x (#!(#B!(#B` hp x (#2eC^D`EbFveindex 1index 1C` hp x (#` !(# ` !(# ` hp x (#index 2index 2D` hp x (#` !(#B` !(#B` hp x (#toatoaE` hp x (#!(# !(# ` hp x (#captioncaptionF 2-kGleHr%fKfKh_Equation Caption_Equation CaptionG endnote referenceendnote referenceH "i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""referring minority applicants. However, the licensee acknowledges that it has not attracted  xminorities to all applicant pools. Thus, the licensee states, in an effort to increase the number  xZof minority applicants, it has added new recruitment sources, including 13 predominantly minority  xcolleges. Furthermore, the licensee states that it will continue to monitor its EEO program and try to improve its recruitment efforts to attract minority applicants.  X-  X- ` ~x 10.` ` We find inconsequential Rainbow's allegation that none of the stations' eleven  xparttime employees in 1995 was a minority. We note that our EEO Rule does not require  Xe- xzlicensees to hire or employ a specific number of minority employees. See Implementation of  XN- x}Commission's Equal Employment Opportunity Rules, 9 FCC Rcd 6276, 6291 (1994);  X7- xAmendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity  X - xin the Broadcast Radio and Television Services, 2 FCC Rcd 3967, 3974 (1987). Moreover,  xalthough our EEO Rule requires broadcasters to provide equal employment opportunity with  xrespect to all positions, our primary focus is on efforts for fulltime vacancies when analyzing  X- xEEO programs. See WFSQ(FM), 7 FCC Rcd 6045, 6046 (1992). Accordingly, Rainbow's argument regarding parttime positions requires no further consideration.  X"- ` }x 11.` ` Rainbow's contention that the stations did not recruit for two onair positions, the  x.morning show producer position, four board operator positions, and the assistant promotions  xdirector position does not raise a material or substantial question regarding the licensee's efforts.  xThe record reveals that the four board operator positions and the assistant promotions director"Q%0*&&tt $"  x/position were parttime positions. Although we expect licensees to recruit for fulltime and  xpermanent parttime positions, as stated above, our primary focus is on recruitment efforts for  xfulltime vacancies when analyzing EEO programs. The record also reveals that the stations did  X- x/recruit for the morning show producer position. See  6, supra. The record further reveals,  xMhowever, that the licensee did not recruit for the two onair positions. The licensee argues,  X- xwithout authority, that it was not required to recruit for the two onair positions because the  xindividuals hired "were well known local air personalities" who had previously done the morning  xshow at the FM station and it would not have hired anyone for the onair positions if the two  XH- xindividuals hired were unavailable. While we anticipate that licensees will report occasional,  x=unexpected vacancies for which no recruitment occurred, we expect broadcasters to engage in  xconsistent recruitment efforts. The fact that the employees rehired were former employees does  x.not exempt the licensee from its obligation to recruit for females and minorities, under our EEO Rule, for these positions.  X - ` x 12.` ` The licensee is under no obligation to use minorityspecific recruitment sources  X - xas long as general recruitment sources are productive. See Pappas Telecasting Inc., 11 FCC Rcd  X- x2945 (1996) ("Pappas Telecasting"); FayettevilleCumberland Telecasters, Inc., 11 FCC Rcd 4632,  Xy- x4633 (1996); Double L Broadcasting of Lansing Limited Partnership, et al., 7 FCC Rcd 6435,  xM6442 n.7 (1992). Nevertheless, we are troubled by the licensee's reliance on a single general  xrecruitment source for one of its fulltime vacancies, the morning show producer position, an  xupperlevel position. The licensee explains that it specifically contacted the University of  xToledo's Department of Communications for the morning show producer position because it  xafforded students the opportunity to gain the technical training and experience that the position  xrequires, and because the University had previously referred two minority applicants for a lowerlevel parttime vacancy.  X- ` ~x 13.` ` As the Commission held in Pappas Telecasting, a licensee may rely exclusively  x.on general sources if such sources are adequately productive. 11 FCC Rcd at 2946. However,  x[the Commission has also held that if a licensee's exclusive reliance on general sources failed to  Xe- xproduce meaningful results, we would question whether minority recruitment was adequate. Id.  xHere, we find the licensee's recruitment effort, with respect to the morning show producer  X7- x<position, inadequate. In Pappas Telecasting, we found that the licensee was not obligated to use  xZminorityspecific recruitment sources because "its general sources provided a substantial number  X - xof minority applicants." Id. In that case, a single source, the Fresno Bee, supplied the station  X- xwith 508 of the 669 minority referrals it received during the license term. Id. In sharp contrast,  xthe licensee's exclusive use of the University of Toledo as a recruitment source did not produce  xany minority or female applicants for the morning show producer position. The fact that the  xUniversity of Toledo had previously referred two minority applicants for a lowerlevel parttime  xvacancy in the past should not have reasonably led the licensee to predict that using this source  x alone for upperlevel recruitment would produce a substantial number of qualified minority applicants. "Q%0*&&tt $"Ԍ X- ` Aԙx 14.` ` Rainbow further contends, in its comments concerning the licensee's response to  xa staff letter of inquiry, that although "the licensee maintained good records," the stations' "record  X- xshows that [the licensee] utterly disregarded its EEO responsibilities during the Bilingual period,  xjand practiced intentional discrimination in the recruitment and applicant screening processes."  xKRainbow states that the licensee's "heavy reliance on wordofmouth contacts from a virtually all X- xWhite staff was inherently discriminatory." Rainbow cites cases, such as Walton Broadcasting,  Xv- xInc., 78 FCC 2d 857, 865, recon. denied, 83 FCC 2d 440 (1980), in support of its argument, but  xxwe find that the cases relied upon by Rainbow operated under a different set of facts and contexts  xand, therefore, do not persuade us to make a finding of intentional discrimination in this case. Furthermore, Rainbow has advanced no direct evidence of discrimination.  X - ` x15.` ` We find that the licensee's failure to comply with our EEO requirements does not  X - xraise a substantial and material question of intentional discrimination warranting a hearing. See  X - xAstroline. The licensee recruited, interviewed, and employed minorities. Therefore, finding the  X - xlicensee to be otherwise qualified, renewal of the licenses is in the public interest. See 47 U.S.C.  309(d)(2).  Xy- ` Ax16.` ` Nevertheless, we find WCWA(AM)/WIOTFM's overall recruitment efforts to be  xxdeficient because the licensee failed to recruit actively for two vacancies during the review period,  x\and, despite the presence of minorities in only four of nine applicant pools (44.4%) and one  X4- xinterview pool (11.1%), the licensee failed to engage in meaningful selfassessment of its EEO  xprogram in that it did not make significant changes in its recruitment efforts despite its failure  x to attract qualified minorities. 47 C.F.R.  73.2080. Furthermore, the record reflects that the  X- xlicensee's recruitment efforts were inconsistent.vL~ yOh-#X\  P6G;(P#эxSee  6, supra.v The licensee's recruitment sources were largely  X- xunproductive in producing minority applicants. In fact, one source, the Toledo Blade, produced  xmost of the stations' minority applicants (10 of 11). The licensee used anywhere from one to 40  x=recruitment sources, resulting in only 11 minority applicants (4.7%) out of 233 total applicants,  x[despite the stations' location in an area with a 12.2% minority labor force. Further, the licensee  xdid not use any minorityspecific recruitment sources for one position. The licensee's use of  Xe- xminorityspecific recruitment sources for other positions was, for the most part, scant.seXL~ yOn-#X\  P6G;(P#эxId. s None of  xthe minorityspecific recruitment sources used by the licensee produced a minority applicant. The  xstations' record further reveals that hirees for 12 of 16 vacancies at the stations were referred by  xinformal means such as "telephone contact," "General Manager contact," "previous WCWA  xjemployee," and "walkin." We believe that the record in this case is evidence that the licensee  x engaged in inadequate recruitment efforts and poor selfassessment of its EEO program, in  X-violation of our EEO Rule, 47 C.F.R.  73.2080. " 0*&&tt"Ԍ X- ` x17.` ` After carefully reviewing the facts, we find that the record in the instant case is  X- xsimilar to that of KDYL(AM)/KSFIFM, Salt Lake City, Utah, in Holiday Broadcasting Co., 10  X- xFCC Rcd 4500 (1995), aff'd, 11 FCC Rcd 1125 (1996).>L~ yOK-  k#X\  P6G;(P#эxStations KDYL(AM)/KSFIFM are located in the Salt Lake CityOgden, Utah MSA which includes 40.8% females and 7.5% minorities (0.8% Black, 4.5% Hispanic, 1.7% Asian/Pacific Islander, and 0.5% American Indian).> In that case, the licensee failed to  xrecruit actively for two of its 16 vacancies and it received only three minority referrals (from a  xnewspaper, a college, and a staff referral). Only one minority was present in its applicant and  x-interview pools. We concluded that although the licensee had engaged in some efforts to recruit  xminorities during the license term, it had not engaged in consistent recruitment efforts and failed  xito selfassess adequately. We renewed the licenses of KDYL(AM)/KSFIFM subject to reporting  XH-conditions and a Notice of Apparent Liability for $8,000.  X - ` 2x18.` ` WCWA(AM)/WIOTFM and KDYL(AM)/KSFIFM have comparable staff sizes.  X - xWCWA(AM)/WIOTFM had from 27 to 32 fulltime employees on its staffu L~ yO-#X\  P6G;(P#эxSee note 2, suprau and KDYL(AM)/  X - xKSFIFM had from 24 to 35 fulltime employees on its staff L~ yOM-#X\  P6G;(P#эxSee Holiday Broadcasting Co., 10 FCC Rcd at 4502 n.13 during their respective review  xperiods. A comparison of the record of WCWA(AM)/WIOTFM and the record of KDYL(AM)/  xKSFIFM reveals that both licensees failed to recruit actively for all of their vacancies [2 of 18  xjand 2 of 16, respectively]. As in the precedent case, we have determined that the licensee here  X- x-engaged in inconsistent recruitment efforts and failed to selfassess adequately. The recruitment  x0sources used by both WCWA(AM)/WIOTFM and KDYL(AM)/KSFIFM were largely  xunproductive in producing minority applicants [only 11 (4.7%) out of 233 total applicants and  xone (1.1%) out of 91 total applicants, respectively]. Furthermore, the minorityspecific  xKrecruitment sources used by both WCWA(AM)/WIOTFM and KDYL(AM)/ KSFIFM produced  xno minority referrals. As a result of the poor minority recruitment efforts conducted by both  x<licensees, minorities were absent from a significant number of their applicant and interview pools.  X-  X- ` 3x19.` ` In view of all the foregoing factors and broadcasters' familiarity with our long x.standing EEO Rule, we find that WCWA(AM)/WIOTFM's rule violations warrant a Notice of  X- xApparent Liability in the amount of $8,000 and the imposition of reporting conditions. @L~ yO-  #X\  P6G;(P#эxIn view of the pending applications for assignment of license of WCWA(AM)/WIOTFM, we note that upon  xgrant of those applications, reporting conditions will follow the licenses as a matter of law and pass automatically  yO+!- xto the assignee. See, e.g., Community Communications, Inc., et al., 11 FCC Rcd 5266, 5269 n.13 (1996); San Luis  yO!-Obispo Limited Partnership, 9 FCC Rcd 994 (1994); Wolfson Broadcasting, Inc., 4 FCC Rcd 6160 (1989).   x[Furthermore, we admonish the licensee for incorrectly including two individuals who had been  xterminated but were receiving severance pay in its total number of fulltime employees on its  Xe- x1995 Annual Employment Report. See note 2, supra. We expect licensees to exercise greater care in their submissions to the Commission. "N( 0*&&tt"Ԍ X-ԙ }IV. CONCLUSION ă  X-  X- ` x20.` ` After reviewing the record before us, we find that a hearing is not warranted and  x>that grant of the renewal applications for Stations WCWA(AM)/WIOTFM is in the public  xinterest. However, because the licensee's overall EEO efforts were deficient, we will grant the  xrenewal applications subject to reporting conditions and a Notice of Apparent Liability for $8,000.  XH-6 V. ORDERING CLAUSES ă  X - ` x21.` ` Accordingly, IT IS ORDERED that the petition to deny filed by the National  X - xRainbow Coalition concerning the renewal applications for Stations WCWA(AM)/WIOTFM IS  X -DENIED .  X - ` x22.` ` IT IS FURTHER ORDERED that the renewal applications filed by Enterprise  X - x=Media of Toledo, L.P., for Stations WCWA(AM)/WIOTFM ARE GRANTED subject to the  xyEEO reporting conditions specified herein and, pursuant to Section 503 of the Communications  Xy- xAct of 1934, as amended, 47 U.S.C.  503, a NOTICE OF APPARENT LIABILITY FOR  Xb-FORFEITURE in the amount of $8,000.  X4- ` x23.` ` IT IS FURTHER ORDERED that the licensee of Stations WCWA(AM)/WIOT xyFM submit to the Commission an original and one copy of the following information on June 1, 1998, June 1, 1999, and June 1, 2000:  X- ` px(a)` ` Two lists divided by fulltime and parttime vacancies during the 12 months  xpreceding May 1, 1998, for the first report, May 1, 1999, for the second report, and May 1, 2000,  x]for the third report, indicating the job title and FCC job category, date of hire, the race or  xnational origin, sex and the referral source of each applicant for each job and the race or national  xorigin and sex of the person hired. These lists should also note which recruitment sources were  Xe-contacted; eL~ yO-#X\  P6G;(P#эxSuch a list might start:  yOn-x1)` ` News Director: Officials and Managers; Fulltime x` `  yO-x` ` 3 Applicants:1 White female@hA.W.R.T.  yO -x` `  1 Hispanic male@hNational Hispanic Media Coalition  yO!-x` `  1 Black female @hUrban League x` `  hh Sources contacted: Local Newspaper, A.W.R.T., National Hispanic Media Coalition, and Urban league  yO$-Selected: Hispanic male (08/18/96); NHMC@ "N( 0*&&tt|"Ԍ X- ` x(b)` ` A list of employees as of the May 1, 1998, payroll period for the first report, May  x1, 1999, payroll period for the second report, and May 1, 2000, payroll period for the third  xzreport, by job title and FCC job category indicating fulltime or parttime status (ranked from highest paid classification), date of hire, sex and race or national origin; and  X- ` x(c)` ` Details concerning the stations' efforts to recruit minorities and women for each  xkposition filled during the 12 months preceding May 1, 1998, for the first report, May 1, 1999,  xfor the second report, and May 1, 2000, for the third report, including identification of sources  xkused and indicating whether any of the applicants declined actual offers of employment. In  x/addition, the licensee may submit any relevant information with regard to the stations' EEO performance and efforts thereunder.  X - ` 1x24. ` ` IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail  X - xԩ Return Receipt Requested copies of this Memorandum Opinion and Order and Notice of  X - xApparent Liability ("MO&O") to the licensee of Stations WCWA(AM)/WIOTFM and to the National Rainbow Coalition.  Xy- ` `x25. ` ` The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch.  X4- `  x26. ` ` Regarding the forfeiture proceeding, the licensee of Stations WCWA(AM)/WIOT xFM may take any of the actions set forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  X- x 1.80, as summarized in the attachment to this MO&O. Any comments concerning ability to pay should include those financial items set forth in the attachment.  X- x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam F. Caton x` `  hhActing Secretary