******************************************************** 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 ) ) Blue Ridge Public Television, Inc. ) File Nos. BRET-960603KK, ) BRET-960603KL, For Renewal of Licenses for ) and BRET-960603KM Stations WBRA-TV, Roanoke, Virginia;) WMSY-TV, Marion, Virginia; and ) WSBN-TV, Norton, Virginia ) MEMORANDUM OPINION AND ORDER Adopted: April 10, 1997; Released: April 16, 1997 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) the license renewal applications for the above-captioned stations filed by Blue Ridge Public Television, Inc. ("licensee"); (ii) a Petition to Deny against the renewal application for Station WBRA-TV filed by the National Rainbow Coalition ("Rainbow"); (iii) the licensee's opposition to the petition; (iv) Rainbow's reply to the opposition; (v) the licensee's response to a staff letter of inquiry; and (vi) Rainbow's comments on the licensee's response to a staff letter of inquiry. 2. Rainbow alleges that the licensee violated the Commission's Equal Employment Opportunity ("EEO") Rule and policies, 47 C.F.R.  73.2080. Accordingly, Rainbow requests that we conduct an investigation of the licensee's employment practices pursuant to Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978), and designate the renewal application for Station WBRA-TV for hearing. The licensee denies Rainbow's allegations and requests unconditional renewal. II. PROCEDURAL MATTER 3. In challenging an application pursuant to Section 309(d) of the Communications Act of 1934, as amended, a petitioner must, as a threshold matter, submit "specific allegations of fact sufficient to show that the petitioner is a party in interest and 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"); Dubuque T.V. Limited Partnership, 4 FCC Rcd 1999 (1989). The allegations, except for those of which official notice may be taken, must be supported by an affidavit of a person with personal knowledge of the facts alleged. 47 U.S.C.  309(d)(1). 4. The allegations in the petition are premised on the licensee's annual employment reports and renewal application for Station WBRA-TV. We do not find, however, that Rainbow has established a prima facie case under Section 309(d)(1) of the Communications Act. For reasons that will be discussed below, we find that the petition fails to make specific allegations of fact that would, if true, demonstrate that grant of the renewal application for Station WBRA-TV would be inconsistent with the public interest. Although not petitioned, we also review in this Order the licensee's renewal applications for Stations WMSY-TV in Marion and WSBN-TV in Norton, Virginia, for compliance with our EEO Rule, pursuant to our authority under Section 309 of the Communications Act, as amended, 47 U.S.C.  309. III. DISCUSSION 5. Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from employment discrimination and establish and maintain an equal employment opportunity program reflecting 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 women and minorities and the licensee's ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective action if qualified minorities and women are not present in the applicant and interview pools. The Commission also focuses on any evidence of discrimination by the licensee. See 47 C.F.R.  73.2080(a), (b), and (c). 6. A review of the licensee's 1996 EEO Program Report reveals that, for the renewal year period of May 1, 1995, to May 24, 1996, the licensee listed the following as examples of recruitment sources: two newspapers (Roanoke Tribune and Roanoke Times and World News), two colleges (Hollins College and Virginia Western Community College), three organizations (Total Action Against Poverty, NAACP, and the Roanoke Business and Professional Women's Club), the Virginia Employment Commission, and staff referrals. The licensee reports that it received 32 female and 18 minority referrals from these sources. During the renewal year, the stations reported hiring one minority (upper-level) and three females (one upper-level) in filling four, including two upper-level, positions. 7. Rainbow makes two allegations in its petition. First, Rainbow asserts that Station WBRA-TV's renewal application contained no EEO program, in violation of the Commission's EEO Rule, thereby warranting designation for hearing. Second, Rainbow contends that the licensee's employment data "is static and suggestive of the absence of EEO efforts in practice." 8. We find that Rainbow has failed to establish a prima facie case that grant of Station WBRA-TV's renewal application would be inconsistent with the public interest under Section 309(d)(1) of the Communications Act, 47 U.S.C.  309(d)(1). In its petition, Rainbow does not make specific allegations that would require further consideration nor does it allege facts that would establish a violation of the Commission's EEO Rule. See Astroline. Moreover, we conclude that there is no evidence of employment discrimination. The licensee has recruited, hired, and employed minority applicants. In addition, we have found no deficiencies in the stations' EEO program which would warrant a sanction or remedy. 9. Contrary to Rainbow's allegation, our records reveal that, on June 3, 1996, the licensee filed a 1996 EEO Program Report with its renewal application for Station WBRA-TV. Further, we find Rainbow's allegation that the licensee's employment data is "static" and suggests the "absence of EEO efforts in practice" to be conclusory, vague, and unsupported by the record. See Beaumont Branch of the NAACP v. FCC, 854 F.2d 502, 507 (D.C. Cir. 1988) (explaining that a petition to deny "must show the necessary specificity and support; mere conclusory allegations are not sufficient"); Texas RSA 1 Limited Partnership, 7 FCC Rcd 6584, 6585 (1992) (finding that a petition to deny failed to establish a prima facie case where the petitioner's pleadings were "replete with conclusory allegations unsupported by specific facts"). The stations' EEO program report indicates that the stations used multiple recruitment sources, including several minority-specific sources, and that the stations received 18 minority referrals from these sources. In addition, during the renewal year period, the licensee reported that it hired a minority for an upper-level position. 10. Because Rainbow has failed to establish a prima facie case, we will deny the petition to deny filed by Rainbow concerning the licensee's renewal application for WBRA-TV. After reviewing the record before us, we find no evidence which presents a substantial and material question of fact warranting a hearing. See Astroline. Nor do we find any evidence of employment discrimination. Therefore, finding the licensee to be otherwise qualified, unconditional renewal of the licenses of WBRA/WMSY/WSBN-TV is in the public interest. See Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k). IV. ORDERING CLAUSES 11. Accordingly, IT IS ORDERED that the petition to deny filed by the National Rainbow Coalition concerning the renewal application for Station WBRA-TV, Roanoke, Virginia, IS DENIED. 12. IT IS FURTHER ORDERED that the renewal applications filed by Blue Ridge Public Television, Inc. for Stations WBRA-TV in Roanoke, WMSY-TV in Marion, and WSBN-TV in Norton, Virginia, ARE GRANTED. 13. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Orderbe sent to the licensee and Rainbow by Certified Mail -- Return Receipt Requested. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary