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"5@^F+F[Wim+==Fq+q+_WWWWWWWWWW++iqiNuW_[_[Wdi0A_Nmd____WSiWiW[W===_W+W[S[S8S_00[0_W[WJJA_NiWSN=#=i++++_0K+W_WWWWWWWWWWW[S[S[S[S[S00000000d__W_W_W_Wi_i_i_i_+SWW_[_W_W[S_W[[WW__WW[S[S[S[S__[SdSdWddSdSi_i_0___000_A_[N0NKd_d___++_J_KWJ++N++A[+NWWW[+WWWWSWWWWWW+++++++++++++++WWtWqddNWdo.0SW3[WWxdCpS_w[dfdmoPpP~j_d~~tqo++++++++++++++++++++++++++++++++F+F[Wim+==Fq+q+_WWWWWWWWWW++iqiNuW_[_[Wdi0A_Nmd____WSiWiW[W===_W+W[S[S8S_00[0_W[WJJA_NiWSN=#=i+++++++++++++++++++++++++++++++++++SWW[0[_WWWWWWW0qWW+SA++WWWWWWNWWWWWWW[[[[[0000_d_____W_iiii[[_WWWWWWSSSSS0000W_WWWWWNW____S[ S- X   ) S- #&J\  P6Q/&P#Federal Communications Commission`j(#FCC 97361 ă  yx}dddy )O3 Before the Federal Communications Commission  S-& Washington, D.C. 20554 ă   X01Í ÍX01Í ÍX01Í ÍX01Í ÍIn re Applications ofR#&J\  P6Q/&P#) R)  S-X` hp x (#%'0*,.8135@8:the race or ethnic origin of 301 applicants (59.9%), including 225 (57.7%) of the 390 applicants who  xapplied after January 1996, when the licensee instituted new procedures to ensure that applicant flow data  xare maintained. However, the data which the licensee did provide indicate that it attracted 16 minority  x/applicants overall (3.2%) and 13 minority applicants for upperlevel vacancies (3.3%). The licensee  xinterviewed a total of 159 applicants, including nine minorities (5.7%); of that total, 118 applicants,  xincluding six minorities (5.1%), were interviewed for upperlevel vacancies. Minorities were present in  Sj- x11 (32.4%) of 34 applicant pools overall, and eight (32%) of 25 upperlevel applicant pools.hjx S-  Ѝx#C\  P6QgP#The licensee had only 34 applicant/interview pools (25 upperlevel) for the 38 vacancies because multiple  xYhires were made from four upperlevel pools. Three of the four pools from which multiple hires were made included  yOb-minorities.#&J\  P6Q/&P#ѥ Minorities  xwere present in eight (23.5%) interview pools overall, and five (20%) upperlevel interview pools. The  xlicensee was able to identify the referral source for only 97 applicants (19.2%) and 49 interviewees  x(30.8%). In addition, the licensee could identify the referral source for only one minority  xapplicant/interviewee. The licensee reports that it hired six minorities, including four minorities for upper Sk-level positions.wk x S-  Ѝx#C\  P6QgP#The licensee acquired KOSR(AM) and KEZOFM on January 24, 1995, and KKCD(FM) on February 1,  x1995. According to 1990 Census data, the Omaha, NebraskaIowa Metropolitan Statistical Area ("MSA"), where  xxthe stations are located, has a labor force that is 48.3% female and 10.2% minority (6.6% Black, 2.2% Hispanic,  x1.0% Asian/Pacific Islander, and 0.4% American Indian). The stations' 1995 Annual Employment Reports list 19  xwomen (45.2%) and one American Indian (2.4%) on an overall staff of 42, including 14 women (37.8%) and one  xAmerican Indian (2.7%) among 37 upperlevel employees. The stations' 1996 reports list 21 women (47.7%) and  xone Black (2.3%) on an overall staff of 44, including 14 women (37.8%) and one Black (2.7%) among 37 upper xlevel employees. In the 1997 reports, 23 women (56.1%), one Black (2.4%), one Hispanic (2.4%), one Asian/Pacific  xIslander (2.4%), and one American Indian (2.4%) are listed on an overall staff of 41, including 17 women (45.9%),  yO '-one Asian/Pacific Islander (2.7%), and one American Indian (2.7%) among 37 upperlevel employees.#&J\  P6Q/&P#w"k,l(l(,,d"Ԍ S- ` 4ԙx5. ` ` Regarding selfassessment, the licensee indicates in its inquiry response that it was  xdissatisfied with the holdover General Manager's minority recruitment efforts and results during 1995.  xConsequently, when the new General Manager was hired in January 1996, the licensee implemented a  xnumber of new efforts to improve minority recruitment. Specifically, the licensee states that it has  S4- xparticipated in an annual job fair sponsored by the Urban League of Nebraska for the past two years.*4x S-  ԍx#]\  PCP# The licensee does not specify how many minority referrals it received as a result of its participation in the  yOt-Urban League job fairs.#f\  PC &P#*  xAdditionally, the licensee states that it cosponsored a job fair with other Omaha broadcasters and the  xRadio Advertising Bureau at the University of NebraskaOmaha. The licensee reports that this job fair  xgenerated approximately 115 referrals, of whom 25% were minorities. However, our review of the  xlicensee's inquiry response reveals that none of the minority referrals from the job fairs were considered  S5- x.in connection with the fulltime vacancies filled during the review period.Vh50x S -  ԍx#]\  PCP#The licensee's inquiry response indicates that only four applicants, none of whom are identified as  xminorities, were referred by job fairs. The licensee does not specify which of the job fairs produced these applicants. V The licensee also asserts that  x.it has developed a minority internship program for students at area colleges, universities and vocational xtechnical schools, which is scheduled to begin in the fall of 1997; that it has established the practice of  xencouraging employees to refer minorities, which has resulted in the hiring of a Black account executive,  xa Black traffic assistant and an Hispanic sales assistant; and that it has added an urban blackformatted radio station to its list of recruitment sources.  S - ` x6. ` ` After reviewing the record before us, we conclude that there are no substantial and  S - xzmaterial questions of fact warranting designation for hearing. See Astroline Communications Co. Ltd.  Sj- xPartnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988). Moreover, there is no evidence that the licensee  xengaged in employment discrimination. The licensee recruited, interviewed and hired minorities during  xthe license term. Therefore, because the licensee is otherwise qualified, renewal of the licenses is in the public interest.  Sk- ` 3x7. ` ` We recognize that the licensee has made positive efforts to selfassess and improve its  xEEO program since January 1996. In particular, we note that job fairs and minority internships can be  x.good sources of minority applicants, and we encourage the licensee to continue its efforts in these areas.  x/Nevertheless, we find the licensee's EEO efforts since acquiring these stations to be inadequate. The  xlicensee failed to document and establish recruitment efforts for 12 (31.6%) of 38 vacancies during the  xreview period. With regard to the 26 vacancies for which recruitment was documented, 22 of which were  xfilled after the licensee began to make efforts to improve its EEO program, the licensee's recruitment  xefforts were largely unproductive in eliciting minority applicants. The licensee's records showed that only  x16 (3.2%) of its 505 applicants and nine (5.7%) of its 159 interviewees were minorities. Minorities were  xshown to be present in only 11 (32.4%) applicant pools and eight (23.5%) interview pools. Although the  x/licensee received numerous minority referrals from the job fair which it cosponsored with the Radio  x\Advertising Bureau, none of these minority referrals were considered in connection with the fulltime  xvacancies filled during the review period. Furthermore, while the licensee asserts that it instituted new  xprocedures in January 1996 to ensure that recruitment data are maintained for all job openings, the  xlicensee's recruitment records are still largely incomplete. The licensee was unable to identify the race  xor ethnic origin of 225 (57.7%) of the applicants who applied after the new procedures were instituted.  x[In addition, the licensee could identify the referral source for only 97 (19.2%) applicants and 49 (30.8%)  x>interviewees. Without these data, the licensee was unable to engage in meaningful selfassessment as required by our EEO Rule, 47 C.F.R.  73.2080." `,l(l(,,'$"Ԍ S- ` ԙx8. ` ` We believe that the record of Stations KOSR(AM)/KEZOFM/KKCD(FM) is similar to  S- xthat of WPMI(TV), Mobile, Alabama, in Clear Channel Television, Inc., 11 FCC Rcd 4077 (1996).bx S5-  Ѝx#C\  P6QgP#The Mobile, Alabama MSA, where Station WPMI(TV) is located, has a labor force that is 25.5% minority  yO -(23.9% Black, 0.9% Hispanic, 0.3% Asian/Pacific Islander, and 0.4% American Indian).#&J\  P6Q/&P#b In  xthat case, the licensee failed to document recruitment for 12 (32.4%) of 37 hiring opportunities. For those  xvacancies where recruitment was documented, the licensee's recruitment efforts were largely unsuccessful  xin attracting qualified minority applicants. Only 4.3% of the station's applicants and 17% of the station's  xinterviewees were minorities. Minorities were present in only 12 (32.4%) of 37 applicant and 11 (29.4%)  xof 37 interview pools. The licensee also failed to engage in meaningful selfassessment of its EEO  xLprogram. We accordingly renewed the license for WPMI(TV) subject to reporting conditions and issued a Notice of Apparent Liability in the amount of $10,000.  S- ` x9. ` ` KOSR(AM)/KEZOFM/KKCD(FM) and WPMI(TV) have comparable staff sizes.  xKOSR(AM)/KEZOFM/KKCD(FM) had an average of 42 fulltime employees, while WPMI(TV) had an  xaverage of 40 fulltime employees during the respective review periods. Additionally, the licensees of  xKOSR(AM)/KEZOFM/KKCD(FM) and WPMI(TV) filled a similar number of vacancies (38 and 37,  xrespectively) and were unable to document recruitment for a similar percentage of vacancies (31.6% and  x32.4%, respectively). The licensees of KOSR(AM)/KEZOFM/KKCD(FM) and WPMI(TV) also attracted  x.a similar percentage of minority applicants (3.2% and 4.3%, respectively) and included minorities in the  xsame percentage of applicant pools (32.4%). We acknowledge that the licensee of KOSR(AM)/KEZO xFM/KKCD(FM) has begun to make positive efforts to improve its EEO program. We also recognize that  xWPMI(TV) is located in an area with a significantly greater minority labor force (25.5% as compared to  x10.2%). However, we note that WPMI(TV)'s recruitment efforts resulted in a greater percentage of  xminority interviewees (17% as compared to 5.7%) and a greater percentage of minorityinclusive interview  xpools (29.7% as compared to 23.5%). Moreover, the recordkeeping of KOSR(AM)/KEZO xFM/KKCD(FM) was substantially worse. In this regard, the licensee of KOSR(AM)/KEZO xFM/KKCD(FM) was unable to identify the race or ethnic origin of 61.1% of its applicants and was unable  S- xto identify the referral source for 80.8% of its applicants and 69.2% of its interviewees , shortcomings that  xgreatly impeded the stations' ability to selfassess. In contrast, the recordkeeping of WPMI(TV) was  xcomplete for all vacancies for which recruitment was documented. As further evidence of its poor self xassessment, the licensee could identify the referral source of only one of its minority  xapplicants/interviewees. In view of all of the foregoing factors and broadcasters' familiarity with our long xstanding EEO Rule, we conclude that a Notice of Apparent Liability for a $10,000 forfeiture is warranted.  xKFurther, we impose reporting conditions in order to monitor the stations' recordkeeping and selfassessment efforts.  S:- III. CONCLUSION ĐTP  S- ` x 10. ` ` Upon review of the record, we find that no hearing is warranted and that grant of the  S- xrenewal applications for KOSR(AM)/KEZOFM/KKCD(FM) is in the public interest. However, because  xthe EEO efforts of KOSR(AM)/KEZOFM/KKCD(FM) were deficient, we grant renewal subject to a  xNotice of Apparent Liability for $10,000. We also impose reporting conditions in order to monitor the stations' recordkeeping and selfassessment efforts.  S!-w IV. ORDERING CLAUSES ĐTP  S<#- ` x 11. ` ` ACCORDINGLY, IT IS ORDERED that the license renewal applications filed by  S $- xJournal Broadcast Group, Inc. for Stations KOSR(AM)/KEZOFM/KKCD(FM) ARE GRANTED subject" $0,l(l(,,'"  xto the EEO reporting conditions specified herein and, pursuant to Section 503 of the Communications Act  S- xYof 1934, as amended, 47 U.S.C.  503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $10,000.  S4- ` x 12. ` ` IT IS FURTHER ORDERED that the licensee of Stations KOSR(AM)/KEZO xFM/KKCD(FM) submit to the Commission an original and one copy of the following information on February 1, 1998, February 1, 1999, and February 1, 2000:  Sh- ` x(a)` ` Two lists divided by fulltime and parttime vacancies during the 12  ` 7months preceding January 1, 1998, for the first report, January 1, 1999,  ` for the second report, and January 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  ` sthe person hired. These lists should also note which recruitment sources  S -were contacted;9 p  x Sk-ԍ#C\  P6QgP# Such a list might start: x1) News Director: Officials and Managers; Fulltime  yO-X` hp x (#%'0*,.8135@8: