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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 Application of ) ) Tampa Television, Inc. ) File No. BRCT-960930LG ) For Renewal of License for ) Station WFLA-TV ) Tampa, Florida ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: August 18, 1997 Released: August 22, 1997 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) the license renewal application of Tampa Television, Inc. ("licensee") for Station WFLA-TV, Tampa, Florida; and (ii) the licensee's response to a staff letter of inquiry. II. DISCUSSION 2. Section 73.2080 of the Commission's Rules, 47 C.F.R.  73.2080, requires that a broadcast licensee refrain from employment discrimination and establish and maintain an Equal Employment Opportunity ("EEO") 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 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 Section 73.2080(a), (b), and (c) of the Commission's Rules, 47 C.F.R.  73.2080(a), (b), and (c). 3. Review of the licensee's 1996 EEO Program Report and inquiry response reveals that WFLA-TV filled 75 vacancies (64 upper-level) between February 1, 1994, and February 1, 1997. The record indicates that the licensee recruited for all 75 vacancies. The licensee states that it has a recruitment list of approximately 25 minority and women's organizations and educational institutions and that it sends a "jobs open" listing to each source on this list at least once a week. The licensee also states that it occasionally advertises vacancies in local newspapers or trade publications that have significant circulation and are of interest to minorities and women, although it does not identify the specific vacancies for which these sources were used. In addition, the licensee notes that the station maintains a "jobline" -- a voice mailbox designed to help candidates learn about jobs and how to apply for them, which is accessible by calling the station's main telephone number. The licensee further notes that it keeps all vacancies open for a minimum of two weeks to ensure that its minority and female recruitment sources have sufficient time to refer qualified candidates. 4. The licensee's recruitment efforts generated a total of 984 applicants, including 859 upper- level applicants. The licensee cannot identify the referral source for any of its applicants. It is also unable to provide race and ethnic origin data for 786 of its 984 applicants (79.9%). However, the data for the remaining 198 applicants indicate that the licensee attracted 83 minority applicants overall (8.4%) and 69 minority applicants for upper-level positions (8.0%). Minorities were present in 36 of 58 applicant pools overall (62.1%) and 30 of 48 upper-level applicant pools (62.5%). The licensee did not maintain any interviewee data. The licensee reports that it hired 11 minorities during the period under review, including ten minorities for upper-level vacancies. 5. After reviewing the record before us, we conclude that there are no substantial and material questions of fact warranting designation for hearing and that grant of the renewal application for WFLA-TV would be consistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C  309(k). See Astroline Communications Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988). Further, we find no evidence that the licensee engaged in employment discrimination. The licensee recruited and hired minorities throughout the license term. Accordingly, because the licensee is otherwise qualified, we will renew the license for WFLA-TV. 6. However, we conclude that WFLA-TV's overall EEO efforts were deficient. Although the licensee was able to show that it attracted only 83 minorities out of 984 applicants overall (8.4%) and only 69 minorities out of 859 upper-level applicants (8.0%), it appears that the licensee failed to self-assess its recruitment efforts. In this regard, we note that the licensee did not maintain the records needed for meaningful self-assessment. The licensee could not identify the referral source for any of its applicants. Moreover, it was unable to provide race and ethnic origin data for 786 applicants (79.9%). The licensee also failed to maintain any interviewee data. 7. We believe that the record in this case is similar to, but less egregious than, that of the licensee of KSBW-TV, Salinas, California, in KSBW License, Inc., 9 FCC Rcd 6701 (1994) ("KSBW"). In KSBW, the licensee contacted recruitment sources for 71 of 72 full-time vacancies, but minorities were present in only 44 applicant (61.1%) and 41 interview (56.9%) pools. In addition, the licensee failed to contact minority sources for 25 (34.7%) of its vacancies. The licensee also failed to maintain adequate records for self-assessment. The licensee provided applicant pool data for only 59 vacancies and interview pool data for only 56 vacancies. We renewed the license for KSBW-TV subject to reporting conditions and issued a Notice of Apparent Liability for $15,000. 8. The licensees of WFLA-TV and KSBW-TV both filled a substantial number of vacancies (75 and 72, respectively) and attracted minorities to a similar percentage of applicant pools (62.1% and 61.1%, respectively). Both licensees also failed to maintain complete applicant and interview pool data, information which is essential for meaningful self-assessment. We note that WFLA-TV had a staff that was more than twice the size of KSBW-TV's staff. However, on balance, we believe that the record of WFLA- TV is less egregious because KSBW-TV was located in an area with a significantly higher minority labor force (36.8% as compared to 16.5%) and because KSBW-TV failed to contact minority-specific recruitment sources for more than one-third of its vacancies. Given the facts of this case and broadcasters' familiarity with our long-standing EEO Rule, we conclude that a $10,000 forfeiture is justified. Further, we impose reporting conditions to monitor the station's prospective EEO performance. Accordingly, we will grant renewal subject to reporting conditions and issue a Notice of Apparent Liability for $10,000. III. ORDERING CLAUSES 9. Accordingly, IT IS ORDERED that the license renewal application of Tampa Television, Inc. for Station WFLA-TV IS GRANTED subject to the EEO 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 $10,000. 10. IT IS FURTHER ORDERED that the licensee of Station WFLA-TV submit to the Commission an original and one copy of the following information on October 1, 1998, October 1, 1999, and October 1, 2000: (a) Two lists divided by full-time and part-time vacancies during the 12 months preceding September 1, 1998, for the first report, September 1, 1999, for the second report, and September 1, 2000, 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 and interviewee for each vacancy and the race or national origin and sex of the person hired. These lists should also note which recruitment sources were contacted; (b) A list of employees as of the September 1, 1998, payroll period for the first report, September 1, 1999, payroll period for the second report, and September 1, 2000, 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 station's efforts to recruit minorities and women for each position filled during the 12 months preceding September 1, 1998, for the first report, September 1, 1999, for the second report, and September 1, 2000, 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 station's EEO performance and efforts thereunder. 11. The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. 12. IT IS FURTHER ORDERED that the Mass Media Bureau send copies of this Memorandum Opinion and Order and Notice of Apparent Liability by Certified Mail -- Return Receipt Requested -- to Tampa Television, Inc. 13. Regarding the forfeiture proceeding, the licensee of Station WFLA-TV 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 ability to pay should include those financial items set forth in the attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary