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Further, our Rule does not require  xlicensees to hire any prescribed "quota" of minorities or women. Thus, our EEO Rule imposes no  xrequirement that would operate to deprive any person of a benefit he or she might receive but for his or her race, ethnicity or gender.  S- ` x5.` ` We employ a twostep process in evaluating licensees' EEO efforts. In the first step, we  xseek to identify those licensees whose EEO efforts may be unsatisfactory so as to warrant further inquiry.  xLWhether a licensee's employment profile as reflected in its Annual Employment Reports filed during the  xlicense term meets the processing guidelines is one factor considered in making this preliminary  x-assessment, along with information contained in the renewal application, allegations raised by any petitions  x[to deny or informal objections, and any other information available concerning the licensee's EEO record.  xWe emphasize that these guidelines are used as an initial screening tool for determining the stations whose  xEEO programs might require further investigation. If the first step of review indicates that the station's  xEEO efforts are satisfactory, the station is found to be in compliance with our EEO Rule. In no situation  xare a station's efforts found to be unsatisfactory or is it found to have violated the EEO Rule solely  x0because it does not meet the processing guidelines. Where we find that a station's efforts may be  xzunsatisfactory, we will generally request additional information which is analyzed along with relevant  xpleadings to determine if, among other things, the station notifies sources of minority and female referrals  xwhen vacancies occur and engages in continuous selfassessment of its EEO program; if, in light of the  xevidence, the station violated our EEO Rule; and, if it did, what sanctions or remedies may be appropriate.  xCompliance with the processing guidelines is not a factor in this second step analysis. Broadcast licensees whose employment profiles are below our processing guidelines have been renewed without sanction. " ,l(l(,,!"Ԍ S-  "ԙx6. Accordingly, we find no basis for concluding that our process denies any person equal  xzprotection of the laws. Indeed, the licensee has not identified any person who arguably suffered such  S- xinjury as a result of the provisions of our Rule. As the Court emphasized in City of Richmond v. J.A.  S- xCroson Co., 488 U.S. 469, 493 (1989) ("Croson"), the right to equal protection is a personal right. In the  xabsence of any provisions in our EEO Rule that abridge the personal rights of any person, we conclude  S8- xthat Adarand does not implicate our EEO program. Our reading of the scope of the Adarand decision is  xLconsistent with the interpretation of the case by the Department of Justice ("DOJ"). An analysis of the  S-Adarand decision by DOJ states:  S- XxMere outreach and recruitment efforts . . . typically would not be subject to Adarand  Sp- _standards. Indeed, postCroson cases indicate that such efforts are considered race neutral  means of increasing minority opportunity. In some sense, of course, the targeting of  Bminorities through outreach and recruitment campaigns involves raceconscious action.  nBut the objective there is to expand the pool of applicants or bidders to include minorities,  onot to use race or ethnicity in the actual decision. If the government does not use racial  S - or ethnic classifications in selecting persons from the expanded pool, Adarand ordinarily  S -would be inapplicable.  : yO-  zЍxMemorandum to All Agency General Counsels from Walter Dellinger, Assistant Attorney General, Office of Legal Counsel, United States Department of Justice, at 7 (June 28, 1995) (footnotes omitted).    SX-x   ` `  S0- ` x7.` ` Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from  xemployment discrimination and establish and maintain an EEO program reflecting positive and continuing  xefforts to recruit and promote qualified women and minorities. When evaluating EEO performance, the  x.Commission focuses on the licensee's efforts to recruit and promote qualified women and minorities and  xMthe licensee's ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take  xcorrective action if qualified women and minorities are not present in the applicant and interviewee pools.  S@- xjThe Commission also focuses on any evidence of discrimination by the licensee. See Section 73.2080(a),  S-(b), and (c) of the Commission's Rules, 47 C.F.R.  73.2080(a)(c).  S- ` Bx8.` ` The stations' license renewal applications and inquiry response reveal that the licensee  xfilled 43 fulltime vacancies, including 40 for upperlevel positions, from January 1, 1994, to December  Sx- x31, 1996. x h yO8-ԍxWe have not counted two vacancies filled by parttime employees who were promoted to fulltime status. The licensee indicates that it used outside recruitment sources for 35 of its 43 fulltime  SP- xpositions.  P: yO-  #C\  P6QH;P#ЍxAccording to the 1980 Census, the PeoriaPekin, Illinois Metropolitan Statistical Area ("MSA"), in which  xxStations WOAM(AM)/WXCL(FM)/WKZW(FM) are located, had an available labor force that was 40.6% female  xand 6.5% minority (4.9% Black, 0.9% Hispanic, 0.5% Asian/Pacific Islander, and 0.2% American Indian). The  xlicensee acquired Station WKZW(FM), Chillicothe, Illinois in December 1994. The 1990 Annual Employment  xReport lists four women (26.7%) and no minorities among 15 fulltime employees, including two women (15.4%)  xamong 13 upperlevel job employees. The 1991 Annual Employment Report lists four women (28.6%) and no  yOP$- xZminorities among 14 fulltime employees, including three women (23.1%) among 13 upperlevel job employees .  xThe 1992 Annual Employment Report lists five women (29.4%) and no minorities among 17 fulltime employees, including four women (25.0%) among 16 upperlevel job employees.  xZThe Commission has begun using 1990 labor force statistics for licensee renewal applications filed after May 31,"p',l(l('"  yO- x1993; and for 1993 and subsequent Annual Employment Reports. See Public Notice #32651 (April 12, 1993).  xJAccording to the 1990 Census, the PeoriaPekin, Illinois MSA has an available labor force that is 45.1% female and  x7.3% minority (5.6% Black, 0.9% Hispanic, 0.6% Asian/Pacific Islander, and 0.2% American Indian). The 1993  xAnnual Employment Report lists six women (31.6%) and no minorities among 19 fulltime employees, including  xfour women (23.5%) among 17 upperlevel job employees. The 1994 Annual Employment Report lists eight women  x(38.1%) and no minorities among 21 fulltime employees, including six women (31.6%) among 19 upperlevel job  xemployees. The 1995 Annual Employment Report lists ten women (40.0%) and one Hispanic (4.0%) among 25 full xitime employees, including seven women (33.3%) and one Hispanic (4.8%) among 21 upperlevel job employees.  xhThe licensee acquired Station WKZW(FM), Chillicothe, Illinois in December 1994. The 1995 Annual Employment  x<Report for WKZW(FM) lists three women (33.3%) and one Black (11.1%) among nine fulltime employees, all  xupperlevel. The licensee filed a combined Report for all three stations in 1996. The 1996 Annual Employment  xhReport for WOAM(AM)/WXCL(FM)/WKZW(FM) lists 14 women (43.8%) and two minorities (one Black and one  xxHispanic) (6.3%) among 32 fulltime employees, including 11 women (37.9%) and two minorities (6.9%) among 29 upperlevel job employees. With respect to those eight individuals hired without outside recruitment, one came from a"P ,l(l(,,m"  xcompeting station, three were former employees, two were walkin applicants, and two (minorities) came  xfrom employee referrals. The licensee states that it hired these individuals because it was already familiar  xwith their work or because of their unique talents. However, our EEO Rule requires that licensees recruit  S- xminorities and females for each vacancy. See 47 C.F.R.  73.2080(c); see also Enterprise Media of  S`- xToledo, L.P., 12 FCC Rcd 3920, 3924 (1997). For one vacancy, the licensee indicates that it did not look  x]any further since the individual hired was a minority and qualified for the position. However, the  xyoccasional hiring of minorities as a result of random encounters cannot replace a licensee's ongoing efforts  xto attract minority and female applicants for all vacancies as required by our EEO Rule. Further, it would  x\be difficult to selfassess the adequacy of recruitment efforts through random, informal encounters of  S-uncertain frequency. See Prism Radio Partners, L.P., 11 FCC Rcd 11227, 11230 (1996).  SH -  x9. When outside recruitment occurred, the licensee reports that it notified four recruitment  x\agencies (including one minority organization) for 34 vacancies, notified a minority newspaper for 30  S - xvacancies,X : yO-  ԍxThe licensee does not indicate whether it sent its "letter of notification" to the minority newspaper so that  xthe paper might publish the information for its subscribers or disseminate the information to its employees. We note that under the settlement agreement, the licensee agrees to advertise its vacancies in the minority newspaper.  advertised in a general newspaper for 26 vacancies, announced the positions on one or more  xof the stations for 23 vacancies, used employee referrals and internal posters for 27 vacancies, and  xadvertised in the trade press for six vacancies. The licensee states that it did not keep records of the  xnumber, race, sex, and referral source of its applicants, with the exception of successful applicants.  xHowever, the licensee recalls that it received one minority applicant from an outside recruitment source  xover the threeyear inquiry period. Of its 35 successful applicants, 17 were referred by the general  xnewspaper (including the one minority applicant), 12 were referred by station employees, two were walkins, two were referred by trade publications, and two responded to the stations' onair announcements.  S- ` ~x 10.` ` The licensee could not provide interview pool information. However, it reports that it hired two Black females and one Hispanic male for upperlevel positions during the inquiry period. x  S- ` x 11.` ` Although acknowledging that it did not document all of its recruiting practices, the  xlicensee maintains that its EEO program is successful in view of its minority hires. The licensee claims  xthat it satisfied its EEO obligations because it employed minorities to achieve over 50% of parity in 1994  xand 1996 and thereby met the Commission's processing guidelines. The licensee insists that this result",l(l(,,"  xLis more significant than the number of minorities in its applicant/interview pools or any selfassessment.  x>Further, the licensee contends that the Commission's EEO rule does not require licensees to maintain recruitment records.  S`- ` x 12.` ` The licensee places undue emphasis on meeting our processing guidelines without  xconsideration of its failure to engage consistently in efforts to attract qualified minorities whenever  xvacancies occur. Moreover, the licensee incorrectly asserts that minority employment above a certain  xnumber is evidence of an adequate EEO program. Our primary focus is on a licensee's EEO efforts and  S- xnot on its employment of a specific number of minority employees. We do not require stations to hire  S- xor employ a specific number of minority employees. See Amendment of Part 73 of the Commission's  Sp- xRules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC  SH - xRcd 3967 (1987). See also Implementation of Commission's Equal Employment Opportunity Rules, 9  xjFCC Rcd 2047 (1994). Conversely, the achievement of minority employment at 50% of parity with the  xpresence of minorities in a labor force is neither a ceiling nor a goal of the Commission's EEO Rule. x  S - ` ax 13.` ` We also find no merit in the licensee's argument that our EEO Rule does not require  x0licensees to retain recruitment records and that a licensee's selfassessment of its EEO program is  xunimportant. Section 73.2080(c)(5) of the Commission's Rules unambiguously requires a licensee to self S0- xassess its EEO program by "analyz[ing] its efforts to recruit, hire and promote minorities and women...." "0: yO-  #C\  P6QH;P#эxSection 73.2080(c)(5) reads: "Analyze its efforts to recruit, hire, and promote minorities and women and  xJaddress any difficulties encountered in implementing its equal employment opportunity program. For example, this  {O(- xZrequirement may be met by [(i)(iii) list various EEO program elements]." 47 C.F.R.  73.2080(c)(5) (emphasis added).   x47 C.F.R.  73.2080(c)(5). The Commission has held that adequate selfassessment is not possible absent  S- xjrecord retention. See Lewis Broadcasting Corp., 7 FCC Rcd 1420, 1421 (1992); Hilton Head Television,  S- xInc., 11 FCC Rcd 5238, 523839 (1996) ("For many years and in many decisions, the Commission has  x]clearly indicated that a licensee is required to keep detailed EEO records because these records are  xnecessary for adequate selfassessment under the broadcast EEO Rule.") Maintaining recruitment,  x[applicant and interview data for each position filled is critical because this information provides the very  S- xzbasis for a licensee's selfassessment of its EEO program. Indeed, we cannot, and the licensee cannot,  xfully determine whether the licensee engaged in a thorough and meaningful selfassessment of its  x=recruitment efforts without data as to the results of those efforts. As the Commission has stated, "[i]f a  x\licensee cannot determine the race and sex of the persons it has interviewed, a question may be raised  xwhether the licensee had sufficient information as to analyze the effectiveness of its recruitment efforts,  SP- xcritical information for renewal purposes." Amendment of Part 73 of the Commission's Rules Concerning  S(- xyEqual Employment Opportunity in the Broadcast Radio and Television Services, 4 FCC Rcd 1715, 1716 (1989). x` `   S- ` x 14.` ` Having reviewed all matters presented, we conclude that there are no substantial and  xmaterial questions of fact warranting designation for hearing and that a grant of the applications would  xbe consistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k).  S8- xSee Astroline Communications Co. v. FCC, 857 F.2d 1556, 1561 (D.C. Cir. 1988). Further, we find no  xLindication of employment discrimination. Therefore, because the licensee is otherwise qualified, grant of the applications will serve the public interest. 47 U.S.C.  309(d)(2).  S"- ` x15.` ` Nevertheless, we find the stations' EEO recruitment efforts to be deficient. The licensee"" ,l(l(,,$"  xyrecruited using outside sources for only 35 (81.4%) of its 43 vacancies. The licensee could not verify the  xcomposition of its applicant and interview pools for any vacancy for which it recruited. The licensee was  x{able to show that minorities were present in three (7.0%) of the 43 applicant and interview pools.  x.However, this information was derived from the stations' hiring of three minorities and not as a result of  xthe maintenance of adequate employment and recruitment records as contemplated by the EEO Rule's self S8- xassessment requirement. See 47 C.F.R.  73.2080(c)(5). The retention of such data may have enabled  xthe licensee to increase the number of minorityinclusive applicant and interview pools, which was clearly  xnecessary in light of the paucity of minority applicants during the threeyear inquiry period. Few records  xNwere available for meaningful selfassessment, and the evidence does not show that adequate self xassessment occurred. The licensee's recruitment sources, including its two minorityspecific sources, were  xunproductive in producing minority referrals. The licensee might have attracted a greater number of  xminority applicants by assessing the productivity of its recruitment sources, and modifying its recruitment list accordingly.  S - ` Cx16.` ` In determining a forfeiture, we rely on case precedent, taking into consideration the  xrelevant statutory factors in Section 503(b)(2) of the Communications Act, including the nature,  xcircumstances, extent and gravity of the violations, and the licensee's record of compliance with our Rules.  xWe also consider the station's size, local minority labor force, number of hiring opportunities, recruitment  S0- x}patterns, applicant and interview pools, recordkeeping and selfassessment. E.g., Stauffer  S-Communications, Inc., 10 FCC Rcd 5060, 5061 (1995).  S- ` x17.` ` After carefully reviewing the facts of this case, we find that the record here is similar to,  S- xbut more egregious, than that of WTAX(AM)/WDBR(FM), Springfield, Illinois, and  Sh- x.WVAX(AM)/WYXY(FM), Lincoln, Illinois in Central States Network, L.P., 12 FCC Rcd 3959 (1997).  xlIn that case, despite the presence of minorities in the stations' available labor force (7.4%) and the  xsignificant number of hiring opportunities (44), only six applicants were minorities and minorities were  xpresent in only nine applicant pools. The licensee did not recruit for seven vacancies and failed to  xmaintain information on the race or national origin of 56.9% of its applicants. Although the licensee  xadded sources to its recruitment list two years before the end of the license term, the new sources were  xnot consistently contacted for every vacancy. Consequently, the Commission granted the renewals subject to reporting conditions and issued a Notice of Apparent Liability for $8,000. x` `    S- ` x18.` ` Both Stations WTAX(AM)/WDBR(FM)/WVAX(AM)/WYXY(FM) and  xWOAM(AM)/WXCL(FM)/WKZW(FM) had a substantial number of vacancies (44 and 43, respectively)  xand are located in areas with similar minority labor forces (7.4% and 7.3%, respectively). When the  x[stations did recruit, their efforts were unsuccessful in attracting minority applicants. The records do not  xBshow that either licensee adequately selfassessed during its inquiry period. However,  xWOAM(AM)/WXCL(FM)/WKZW(FM)'s record is more egregious than that of  xZWTAX(AM)/WDBR(FM)/WVAX(AM)/WYXY(FM). For example, Stations WTAX(AM)/WDBR(FM)/  xWVAX(AM)/WYXY(FM) had six minority applicants and nine minorityinclusive applicant pools while  xWOAM(AM)/WXCL(FM)/WKZW(FM) had only three minority applicants and three minorityinclusive  xapplicant pools. Also, the Springfield/Lincoln stations attempted to modify their recruitment list to attract  x$more minorities, while in the instant case, the licensee made no such attempt. Finally,  xyWTAX(AM)/WDBR(FM)/WVAX(AM)/WYXY(FM) kept records on over half of its applicants, while  xWOAM(AM)/WXCL(FM)/WKZW(FM) did not keep any record of applicants, with the exception of  xsuccessful applicants. Accordingly, we will grant renewal subject to a Notice of Apparent Liability for  S&-Forfeiture for $9,000 and impose reporting conditions to monitor the licensee's EEO performance. "& ,l(l(,,n("Ԍ S-ԙ  IV. ORDERING CLAUSES ă  S- ` x19.` ` Accordingly, IT IS ORDERED that the Joint Request for Approval of Settlement  S-Agreement IS GRANTED . x  S8- ` x20.` ` IT IS FURTHER ORDERED that the license renewal applications filed by the licensee  S- x.for the stations ARE GRANTED subject to reporting conditions as described herein and, pursuant to  S- x?Section 503 of the Communications Act of 1934, as amended, 47 U.S.C.  503, a NOTICE OF  S-APPARENT LIABILITY FOR FORFEITURE in the amount of $9,000. x  Sp- ` O x 21. ` ` IT IS FURTHER ORDERED that the licensee submit to the Commission an original and one copy of the following information on August 1, 1998, August 1, 1999, and August 1, 2000:   S - ` Px (a) ` ` Two lists divided by fulltime and parttime job vacancies during the 12 months preceding  ` `July 1, 1998, for the first report, July 1, 1999, for the second report, and July 1, 2000,  ` $for the third report, indicating the job title and FCC job category, date of hire, the race  ` Qor national origin, sex and the referral source of each applicant and interviewee for each  ` job and the race or national origin and sex of the person hired. The lists should also note  S0-which recruitment sources were contacted;U 0: yO-#C\  P6QH;P#ЍxSuch a list might start: 1) News Director: Officials and Managers; Fulltime.  yO-3 Applicants:` `  1 White femalehhA.W.R.T  yO- x` `  1 Hispanic malehhNational Hispanic Media Coalition  yOH-x` `  1 Black femalehhUrban League  yO-2 Interviewees:` `  1 White femalehhA.W.R.T  yO- x` `  1 Hispanic malehhNational Hispanic MediappCoalition x` `  Sources contacted: local newspaper, A.W.R.T., National Hispanic Media Coalition and Urban League Selected: Hispanic male (10/12/97), National Hispanic Media Coalition U (#`  S- ` Cx(b) ` ` A list of employees as of the July 1, 1998, payroll period for the first report, a list  ` 3XxX` ` of employees as of the July 1, 1999, payroll period for the second report, and a list of  S- ` _employees as of the July 1, 2000, payroll period for the third report, by job title and FCC  ` job category indicating fulltime or parttime status (ranked from the highest paid classification), date of hire, sex and race or national origin; and(#`   S- x(c)` ` Details concerning the stations' efforts to recruit minorities for each position x` ` filled during the 12month periods specified, including identification of sources x` ` used and indicating whether any of the applicants declined actual offers of x` ` employment. In addition, the licensee may submit any information it believes x` ` relevant regarding the stations' EEO performance and its efforts thereunder.   S- ` x22.` ` IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order be" ,l(l(,,/" sent to the licensee and Rainbow by Certified Mail Return Receipt Requested.  S- ` x23.` ` The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's Enforcement Division, EEO Branch.  S`- x " S8- ` "x24.` ` With respect to the forfeiture proceeding, the licensee may take any of the actions set forth  x\in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, as summarized in the attachment to this  x=Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment.  SH -x` `   FEDERAL COMMUNICATIONS COMMISSION x x` `  William F. Caton  SX-x` `  Acting Secretary