WPCqs 2MBVRKZ3|jy.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/>/>/>/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+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN8HH"&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""/@Right Par 4Right Par 4,` hp x (#X` hp x (#0X` hp x (#0` hp x (#Right Par 5Right Par 5-` hp x (#X` hp x (#X` hp x (#` hp x (#Right Par 6Right Par 6.` hp x (#X` hp x (#0X` hp x (#0` hp x (#Right Par 7Right Par 7/` hp x (#X` hp x (#X` hp x (#` hp x (#2K0JC1(hE2$G3$IRight 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 (#Technical 6Technical 63` hp x (#X` hp x (# X` hp x (#` hp x (#2rO4l L5lvL6$L7lOTechnical 2Technical 24 Technical 3Technical 35 Technical 4Technical 46` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 1Technical 17 2(X8$O9$Q:S; VTechnical 7Technical 78` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 8Technical 89` hp x (#X` hp x (# X` hp x (#` hp x (#toc 1toc 1:` hp x (#!(#B!(#B` hp x (#toc 2toc 2;` hp x (#` !(#B` !(#B` hp x (#2`<ZX=xZ>\?^toc 3toc 3<` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4=` hp x (# !(#  !(# ` hp x (#toc 5toc 5>` hp x (#h!(# h!(# ` hp x (#toc 6toc 6?` hp x (#!(#!(#` hp x (#2g@vaAzaBcCetoc 7toc 7@ toc 8toc 8A` hp x (#!(#!(#` hp x (#toc 9toc 9B` hp x (#!(#B!(#B` hp x (#index 1index 1C` hp x (#` !(# ` !(# ` hp x (#2$mDhE$jFvBlGllindex 2index 2D` hp x (#` !(#B` !(#B` hp x (#toatoaE` hp x (#!(# !(# ` hp x (#captioncaptionF _Equation Caption_Equation CaptionG 2HrVmKm\posendnote referenceendnote referenceH "i~'^:LpddDDDdp4D48ddddddddddDDpppdLd||p|||D8DpdDddXdXDdp88d8pdddLL8pXdXLD,DpD4ppDDD4DDDDDDdDd8dddddXXXXXL8L8L8L8pddddpppp|Xdddd|Xd|ddddXXpXXXXXdddpdppL8LdLDLdpppd|8|h|D|L|8pppddLLLpLpLpLpp|l|8|ppppppp|p|L|L|Ld|DppL|D|d4ddC8CWddddddddddddddddddddddddddddddddddddddddNHxxHddLdddddd4affidavit of a person with personal knowledge of the facts alleged. 47 U.S.C.  309(d)(1).  X - ` x4.` ` The allegations in the petition are premised on the licensee's annual employment  xreports and renewal application for Station WBRATV. We do not find, however, that Rainbow  X - x>has established a prima facie case under Section 309(d)(1) of the Communications Act. For  xjreasons that will be discussed below, we find that the petition fails to make specific allegations  xyof fact that would, if true, demonstrate that grant of the renewal application for Station WBRA x.TV would be inconsistent with the public interest. Although not petitioned, we also review in  xthis Order the licensee's renewal applications for Stations WMSYTV in Marion and WSBNTV  xLin 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.  X- III. DISCUSSION ă  X- `  x5.` ` Section 73.2080 of the Commission's Rules requires that a broadcast licensee  xlrefrain from employment discrimination and establish and maintain an equal employment  xjopportunity program reflecting positive and continuing efforts to recruit and promote qualified  xkwomen and minorities. When evaluating EEO performance, the Commission focuses on the  xlicensee's efforts to recruit and promote qualified women and minorities and the licensee's  xongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective  xaction if qualified minorities and women are not present in the applicant and interview pools.  XN- xyThe Commission also focuses on any evidence of discrimination by the licensee. See 47 C.F.R.  73.2080(a), (b), and (c).  X -  X - `  x6.` ` A review of the licensee's 1996 EEO Program Report reveals that, for the renewal  xkyear period of May 1, 1995, to May 24, 1996, the licensee listed the following as examples of  X- xrecruitment sources: two newspapers (  Roanoke Tribune and Roanoke Times and World News),  xtwo colleges (Hollins College and Virginia Western Community College), three organizations  X!- x(Total Action Against Poverty, NAACP, and the Roanoke Business and Professional Women's"!0*&&tt "  X- xClub), the Virginia Employment Commission, and staff referrals.P h5 yOy-  N#X\  P6G;,P#эxThe license term for the stations ended on October 1, 1996. According to the 1980 Census data, the  xRoanoke, Virginia Metropolitan Statistical Area, where the stations are located, had a 43.9% female and 10.7%  xminority (9.9% Black, 0.5% Hispanic, 0.2% Asian/Pacific Islander, and 0.1% American Indian) labor force. The  x1992 Annual Employment Report for the stations lists 13 females (34.2%) and four Blacks (10.5%) out of 38 full xtime employees, including nine females (27.3%) and two Blacks (6.1%) out of 33 upperlevel employees. The  xCommission began using 1990 labor statistics for license renewal applications filed after May 31, 1993, and for 1993  yO)- xAnnual Employment Reports. See "EEO Branch to Use 1990 Census Data," Public Notice #32651 (April 12, 1993).  xZAccording to the 1990 Census data, the Roanoke, Virginia Metropolitan Statistical Area has a 47.8% female and  xY12.2% minority (10.8% Black, 0.5% Hispanic, 0.7% Asian/Pacific Islander, and 0.2% American Indian) labor force.  xThe 1993 Annual Employment Report for the stations lists 15 females (38.5%) and three Blacks (7.7%) out of 39  xfulltime employees, including 11 females (31.4%) and two Blacks (5.7%) out of 35 upperlevel employees. The  xstations' 1994 report lists 15 females (38.5%) and three Blacks (7.7%) out of 39 fulltime employees, including 12  xfemales (33.3%) and two Blacks (5.6%) out of 36 upperlevel employees. The stations' 1995 report lists 14 females  xw(36.8%) and two Blacks (5.3%) out of 38 fulltime employees, including 12 females (33.3%) and two Blacks (5.6%)  xout of 36 upperlevel employees. The stations' 1996 report lists 16 females (42.1%) and one Black (2.6%) out of 38 fulltime employees, including 13 females (37.1%) and one Black (2.9%) out of 35 upperlevel employees.   xIn response to a staff letter to the licensee which, among other things, inquired about the reason for the  xwdeparture of minority employees from the stations, the licensee reports that one minority employee was terminated  xin 1992; another left the station in July 1994 in order to pursue another job opportunity and to attend school; and a third resigned from her position in May 1995. P The licensee reports that it  X- xreceived 32 female and 18 minority referrals from these sources.5 yO-  ЍxThe licensee's EEO Program Report also indicates that it received two minority and three women "walkin" referrals during the renewal year period. During the renewal year, the  xjstations reported hiring one minority (upperlevel) and three females (one upperlevel) in filling  X-four, including two upperlevel, positions.P5 yO-  ЍxThe licensee also reports that, in addition to hiring a Black male for an upperlevel position during the renewal year period, it also offered a lowerlevel position, which was declined, to a Black female.   X- ` Px7.` ` Rainbow makes two allegations in its petition. First, Rainbow asserts that Station  xWBRATV's renewal application contained no EEO program, in violation of the Commission's  xMEEO 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."  X - `  x8.` ` We find that Rainbow has failed to establish a prima facie case that grant of  xStation WBRATV's renewal application would be inconsistent with the public interest under  xzSection 309(d)(1) of the Communications Act, 47 U.S.C.  309(d)(1). In its petition, Rainbow  xxdoes not make specific allegations that would require further consideration nor does it allege facts  X - xthat would establish a violation of the Commission's EEO Rule. See Astroline. Moreover, we  xconclude that there is no evidence of employment discrimination. The licensee has recruited,  x/hired, and employed minority applicants. In addition, we have found no deficiencies in the"0*&&ttj" stations' EEO program which would warrant a sanction or remedy.  X- ` x9.` ` Contrary to Rainbow's allegation, our records reveal that, on June 3, 1996, the  xlicensee filed a 1996 EEO Program Report with its renewal application for Station WBRATV.  xxFurther, we find Rainbow's allegation that the licensee's employment data is "static" and suggests  X- xithe "absence of EEO efforts in practice" to be conclusory, vague, and unsupported by the record.  Xv- xSee Beaumont Branch of the NAACP v. FCC, 854 F.2d 502, 507 (D.C. Cir. 1988) (explaining  xMthat a petition to deny "must show the necessary specificity and support; mere conclusory  XH- xallegations are not sufficient"); Texas RSA 1 Limited Partnership, 7 FCC Rcd 6584, 6585 (1992)  X1- x(finding that a petition to deny failed to establish a prima facie case where the petitioner's  xpleadings were "replete with conclusory allegations unsupported by specific facts"). The stations'  x\EEO program report indicates that the stations used multiple recruitment sources, including  xseveral minorityspecific sources, and that the stations received 18 minority referrals from these  xsources. In addition, during the renewal year period, the licensee reported that it hired a minority  X -for an upperlevel position. 5 yO7-  MЍxRainbow filed comments on the licensee's response to a Commission staff letter of inquiry. However, we  yO- xwill not consider Rainbow's comments. Because Rainbow failed to establish a prima facie case in its petition, we  x.will not consider the new allegations presented in this supplementary filing. Moreover, even if Rainbow had  yO- xestablished a prima facie case, and its comments on the licensee's response were properly before us, Rainbow's comments do not raise a substantial and material question of fact warranting designation for hearing.   X- ` x 10.` ` Because Rainbow has failed to establish a prima facie case, we will deny the  xpetition to deny filed by Rainbow concerning the licensee's renewal application for WBRATV.  x\After reviewing the record before us, we find no evidence which presents a substantial and  XK- xmaterial question of fact warranting a hearing. See Astroline. Nor do we find any evidence of  xmemployment discrimination. Therefore, finding the licensee to be otherwise qualified,  X- xunconditional renewal of the licenses of WBRA/WMSY/WSBNTV is in the public interest. See Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k).  X- IV. ORDERING CLAUSES ă  X- ` x 11.` ` Accordingly, IT IS ORDERED that the petition to deny filed by the National  xRainbow Coalition concerning the renewal application for Station WBRATV, Roanoke, Virginia,  X|- IS DENIED .  XN- ` Ax 12.` ` IT IS FURTHER ORDERED that the renewal applications filed by Blue Ridge  x=Public Television, Inc. for Stations WBRATV in Roanoke, WMSYTV in Marion, and WSBN X -TV in Norton, Virginia, ARE GRANTED .  X-  X- ` `x 13. ` ` IT IS FURTHER ORDERED that copies of this Memorandum Opinion and  X-Order be sent to the licensee and Rainbow by Certified Mail Return Receipt Requested.  X-  Xv-x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhWilliam F. Caton x` `  hhActing Secretary