******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) Central States Network L.P. ) File Nos. BR-960723WL ) BRH-960723WI ) BR-960723WK ) BRH-960723WJ ) For Renewal of Licenses for ) Stations WTAX(AM)/WDBR(FM) ) Springfield, Illinois ) and ) WVAX(AM)/WYXY(FM) ) Lincoln, Illinois ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: March 25, 1997 Released: March 31, 1997 By the Commission: 1. The Commission has before it for consideration: (i) license renewal applications for the above-captioned stations; and (ii) the licensee's opposition to a Petition to Deny. The Rainbow- PUSH Action Network (Rainbow) filed a Petition to Deny against the first two captioned stations but later, along with the Central States Network L.P. (the current licensee of the stations) and Saga Communications of Illinois, Inc. (the proposed assignee of the stations), filed a Joint Request For Approval of Settlement Agreement requesting dismissal of the petition. Commission staff granted the joint request and dismissed Rainbow's Petition regarding the two stations on December 9, 1996. The renewal applications of all four stations are considered together in this order for purposes of analyzing their EEO records because the stations are commonly owned and operated, filled out identical recruitment, hiring and promotion information in each of their Broadcast EEO Reports (Form 396) and filed joint Broadcast Annual Employment Reports (Form 395-B) in 1995 and 1996. 2. As is our practice in all such cases, we reviewed the stations' EEO program and performance. See Section 309 of the Communications Act of 1934, as amended, 47 U.S.C.  309. After reviewing all matters presented, we conclude that there are no substantial and material questions of fact warranting designation for hearing. Further, we find no evidence of employment discrimination. Grant of the applications is consistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k). Thus, because the licensee is otherwise qualified, grant of the applications will serve the public interest. 47 U.S.C. 309(d)(2). However, for the reasons discussed below, we grant renewal subject to reporting conditions and a Notice of Apparent Liability for $8,000. 3. Section 73.2080 of the Commission's Rules 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 women and minorities are not present in the applicant and interview 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). 4. Review of the licensee's renewal applications and opposition revealed that the licensee had 44 full-time hires, 39 for upper-level positions, from August 1, 1993, to July 1, 1996. In its opposition, the licensee acknowledges that it did not contact outside sources for five positions and did not have a record of its recruitment contacts for two additional positions. For one vacancy, it contacted three general sources and, for the remaining 36 vacancies, it contacted two to three minority sources and four to 13 general sources. In addition, it contacted a women's source for 19 vacancies. In a sworn declaration attached to the opposition, the former General Manager of the stations--who left his position as General Manager on July 1, 1996, to work for the proposed assignee of the stations--states that, approximately two years before the end of the license term, he added a minority weekly newspaper, as well as additional general newspapers, to the recruitment list. These sources referred several minority applicants. However, these sources were not consistently contacted for all subsequent vacancies. In addition, the licensee indicates that it did not know the race or national origin of 227 (56.9%) of its 399 applicants. The data in its opposition show that at least six (1.5%) of the 399 applicants were minorities. The licensee indicates that minorities were present in nine overall (20.4%) and seven upper-level (17.9%) applicant and interview pools. The licensee reports that it hired one Black applicant for a lower-level position and offered an upper-level position to another Black applicant, who declined. 5. After considering the record before us, we conclude that there are no substantial and material questions of fact warranting a hearing. The licensee recruited and interviewed minorities and hired a minority during the review period. Hence, there is no evidence that the licensee engaged in employment discrimination. Therefore, finding the licensee to be otherwise qualified, renewal of the licenses is appropriate. 6. We find, however, that the licensee's overall EEO efforts with respect to minorities were deficient. Despite the presence of minorities in the stations' available labor force (6.0% in 1980 and 7.4% in 1990), as well as the significant number of hiring opportunities, only six (1.5%) of 339 applicants for 44 vacancies were minorities and minorities were present in only nine (20.4%) applicant pools. Although the licensee added sources to its recruitment list, these new sources were not consistently contacted for every vacancy. The licensee also failed to maintain information regarding the race or national origin of 56.9% of its applicants, data necessary for thorough and meaningful self-assessment of a station's EEO program. 7. After carefully reviewing the facts, we find that the record in the instant case is similar to that of KDYL(AM)/KSFI-FM, Salt Lake City, Utah, in Application of Holiday Broadcasting, 10 FCC Rcd 4500 (1995) (Holiday). In Holiday, the Commission found that the licensee, who contacted a variety of sources for 14 of 16 vacancies, failed to adequately self-assess its EEO program as it engaged in inconsistent recruitment efforts and recruited only one minority (1.1%) in only one applicant pool out of 91 applicants/interviewees for 16 positions. Accordingly, we renewed the licenses of KDYL(AM)/KSFI-FM subject to reporting conditions and issued a Notice of Apparent Liability for $8,000. 8. In the instant case, the licensee engaged in inconsistent recruitment efforts, attracted only six minority applicants (1.5%) out of a total of 399 for only nine (20.4%) of 44 applicant pools, and failed to maintain complete applicant information for over half of its applicants, information necessary for meaningful self-assessment. Therefore, the licensees of KDYL(AM)/KSFI-FM and WTAX(AM)/WDBR(FM)/WVAX(AM)/WYXY(FM) both failed to consistently recruit for minorities and adequately self-assess their EEO programs despite being located in areas with significant minority labor forces (7.5% and 6.0%/7.4%, respectively) and attracting few minority applicants (1.1% and 1.5% of all applicants, respectively). The stations in this case had more hiring opportunities than KDYL(AM)/KSFI-FM but they also had minorities in a larger number of applicant pools. Given the facts of this case and broadcasters' familiarity with our long-standing EEO rule, we conclude that a Notice of Apparent Liability for $8,000 is appropriate. Further, we impose reporting conditions to monitor the licensee's prospective recruitment and recordkeeping measures. Accordingly, finding the licensee to be otherwise qualified, we will grant renewal subject to reporting conditions, and issue a Notice of Apparent Liability for $8,000. 9. Accordingly, IT IS ORDERED that the license renewal applications for Stations WTAX(AM)/WDBR(FM) and WVAX(AM)/WYXY(FM) ARE GRANTED, subject to the reporting conditions specified herein, and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C.  503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $8,000. 10. IT IS FURTHER ORDERED that the licensee of Stations WTAX(AM)/WDBR(FM) and WVAX(AM)/WYXY(FM) submit to the Commission an original and one copy of the following information on August 1, 1997, August 1, 1998, and August 1, 1999: (a) Two lists divided by full-time and part-time vacancies during the 12 months preceding July 1, 1997, for the first report, July 1, 1998, for the second report, and July 1, 1999, for the third report, indicating the job title and FCC job category of the position, the 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. The list should also note which recruitment sources were contacted; (b) A list of employees as of the July 1, 1997, payroll period for the first report, July 1, 1998, payroll period for the second report, and July 1, 1999, payroll period for the third report, by job title and FCC job category 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 licensee's efforts to recruit minorities and women for each position filled during the 12 months preceding July 1, 1997, for the first report, July 1, 1998, for the second report, and July 1, 1999, for the third report, including identification of sources used and indicating whether any of the applicants declined actual offers of employment. In addition, the licensee may submit any relevant information with regard to the stations' EEO performance and efforts thereunder. 11. IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- a copy of this Memorandum Opinion and Order and Notice of Apparent Liability to Central States Network L.P. 12. The reports are to be filed with the Acting Secretary of the Commission to the attention of the Mass Media Bureau's EEO Branch. 13. With respect to the forfeiture proceeding, the licensee may take any of the actions set forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, as summarized in the attachment to this Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary