******************************************************** 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 ) ) SPRINGER BROADCASTING, INC. ) ) for Renewal of Licenses for ) File Nos. BR-970326WL and Stations KTAM(AM)/KORA-FM, ) BRH-970326XC Bryan, Texas ) ) and ) ) Station KHLR-FM, ) File No. BRH-970326XB Cameron, Texas ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: December 4, 1997; Released: December 5, 1997 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) the license renewal applications filed by Springer Broadcasting, Inc. ("licensee") for the above-referenced stations; 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 self-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 47 C.F.R.  73.2080(a)-(c). Station KHLR-FM, Cameron, Texas 3. In its inquiry response, the licensee states that it acquired Station KHLR-FM in June 1996. The station's license expired on August 1, 1997. Based on the licensee's inquiry response, we were able to ascertain that KHLR-FM is operated independently from, and does not share staff with, Stations KTAM(AM)/KORA-FM. Further, KHLR-FM is licensed to a community separate from the other two stations. The licensee reports that the station had fewer than five employees during the license term. In addition, the licensee states that no new hires were made at this station during the inquiry period and that it is in the process of "computerizing the station and reducing [the] staff size [of four] even further." Because the station's staff size was fewer than five during the licensee's ownership of the station, no further review of the station's EEO program is necessary. See Streamlining Broadcast EEO Rule and Policies, 11 FCC Rcd 5154, 5159 (1996). Accordingly, we grant Station KHLR-FM's renewal application without conditions. Stations KTAM(AM)/KORA-FM, Bryan, Texas 4. Our review of the licensee's inquiry response reveals that Stations KTAM(AM)/KORA-FM had 12 full-time hiring opportunities, including 11 for upper-level positions, from August 1, 1994 to August 1, 1997. The licensee reports that it recruited for 11 of 12 vacancies and that its recruitment sources consisted of general and minority-oriented sources and staff referrals. As part of its inquiry response, the licensee included a list of 53 sources that the licensee asserts it contacts with respect to each job vacancy at the stations. The licensee states that "the list has evolved over the years, but for the most part it is the same." The sources contained in this list include minority organizations, churches, radio stations, and local businesses. The licensee's inquiry response indicates that the stations received minority referrals from the following sources: staff referrals (4), the Eagle newspaper (3), on-air advertisements at KTAM(AM)/KORA-FM (3), Texas A&M University (2), an unspecified newspaper (2), Texas Association of Broadcasters (1), Eddie Rodriguez, a Bryan, Texas, businessman (1), Lincoln Recreation Center (1), Station KBMA (1), and Station KHRN (1). 5. The licensee reports receiving a total of 99 applicants, including 19 minorities (19.2%). With respect to 11 upper-level vacancies, the stations received 95 applicants, including 18 minorities (18.9%). The licensee interviewed a total of 66 applicants overall, including 17 minorities (25.8%). Of that total, 65 applicants, including 16 minorities (24.6%), were interviewed for upper-level positions. Although the stations had 12 hiring opportunities, they had only 11 applicant and interview pools because two hires were made from a single pool. Minorities were present in six of 11 (54.5%) applicant and interview pools overall, including five of ten (50.0%) applicant and interview pools for upper-level positions. Of 12 hiring opportunities, the licensee hired seven females and two minorities (one Black for a lower-level position and one Hispanic for an upper-level position). 6. We find that there are no substantial and material questions of fact warranting designation of this case for hearing and that grant of the applications for Stations KTAM(AM)/KORA-FM 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. v. FCC, 857 F.2d 1556 (D.C. Cir. 1988). Further, we find no evidence of employment discrimination. The licensee recruited, attracted, interviewed, and hired females and minorities for its vacancies. Therefore, renewal of the stations' licenses is in the public interest. 7. The Commission uses an efforts-based approach to assessing EEO compliance. We do not require that the proportion of minorities or women employed equal their presence in the labor force or that any certain percentage of an entity's staff be composed of minorities or women. Instead, we focus on the station's EEO program, its consistent efforts to contact sources likely to refer qualified female and minority applicants and self-analysis of its outreach program. See Streamlining Broadcast EEO Rule and Policies, 11 FCC Rcd 5154, 5158 (1996). The objective of our effort-based approach is to increase the pool of qualified female and minority candidates from which a licensee or regulatee can then select the best qualified applicant, without regard to gender, race, or ethnic origin. Id. at 5158-59. Applying these standards, we find that the stations' record suggests that the licensee failed to conduct adequate self-assessment of its EEO program and to make continuous and positive efforts to modify its EEO program in order to attract a diverse pool of qualified applicants to all of its vacancies, in contravention of the requirements of our EEO Rule and policies. See 47 C.F.R.  73.2080(b) and (c). 8. Despite the large presence of minorities in the stations' available labor force (25.5%), minorities were absent from a significant number of the stations' applicant and interview pools -- i.e., five (all upper-level positions) of the stations' 11 applicant and interview pools did not include minorities. Moreover, the licensees' minority-oriented sources were virtually unproductive in referring qualified minority applicants. See paragraph 4, supra. In addition, we are troubled by the fact that no statistics were provided regarding the number of actual referrals from 40 of 53 sources (contained in a list) that the licensee asserts it regularly contacts for each vacancy. It appears that the licensee continued to rely on numerous sources, year after year, that were unproductive in referring minority applicants. There is no indication that this caused the station to reassess the adequacy of its EEO program. Further, we find the licensee's recruitment efforts specifically with respect to Hispanics, the largest minority group (at 12.1%) in the area where the stations are located, to be inadequate. The licensee failed to attract Hispanic applicants to six of its 11 applicant pools, attracted only one Hispanic to one applicant pool that consisted of eight applicants, and attracted only one Hispanic to another applicant pool (from which two hires were made) that consisted of 15 applicants, again indicating a lack of self-assessment. 9. After carefully reviewing the facts, we find the record in the instant case to be similar to, but less egregious than, that of Station KKIQ-FM, Livermore, California, in Tri-Valley Broadcasters, Inc., 11 FCC Rcd 4719 (1996). In that case, the Commission found the licensee's EEO efforts deficient because minorities were absent from five of the station's 12 applicant pools. Further, the licensee failed to recruit for one of its 12 vacancies; to maintain adequate EEO records, especially concerning interviewees, for meaningful self-assessment; and to modify its recruitment efforts so as to attract qualified minority applicants, especially with respect to Black applicants, the largest minority group (at 12.5%) in the MSA where the station is located. Although the Commission granted the station's renewal application, it did so subject to reporting conditions and a Notice of Apparent Liability ("NAL") for forfeiture in the amount of $10,000. 1. Stations KTAM(AM)/KORA-FM and Station KKIQ-FM are located in areas with similar- sized minority labor forces (25.5% and 29.2%, respectively). Both KTAM(AM)/KORA-FM and KKIQ-FM had the same number of hiring opportunities and are comparable in staff size (18 to 19 employees and 14 to 16 employees, respectively) during the last three years of their respective license terms. Both licensees failed to recruit for one vacancy. Both licensees failed to conduct adequate self-assessment of their EEO programs and efforts. The minority-oriented sources used by both licensees were virtually unproductive in referring minority applicants. Further, both licensees claim to have used a number of sources without providing any data regarding the number of actual referrals from each source, suggesting that both licensees continued to rely on numerous unproductive sources. Both licensees failed to engage in adequate recruitment efforts by not attracting minority applicants to a significant number of applicant pools. Five (or 45.5%) of KTAM(AM)/KORA-FM's 11 applicant pools and five (or 42%) of KKIQ-FM's 12 applicant pools did not include minorities. Furthermore, both licensees' recruitment efforts with respect to the largest minority group in their respective MSAs were deficient. Hispanics represent 12.1% of the labor force where Stations KTAM(AM)/KORA-FM are located, and Blacks represent 12.5% of the labor force where Station KKIQ-FM is located. Despite the significant presence of these minority groups in the MSAs where the stations are located, Stations KTAM(AM)/KORA-FM did not attract Hispanic applicants to six (55%) of its 11 applicants pools, while Station KKIQ-FM failed to attract Black applicants to any of its applicant pools. 1. However, we find that KKIQ-FM's record is more egregious than that of KTAM(AM)/ KORA-FM. Unlike Stations KTAM(AM)/KORA-FM, Station KKIQ failed to maintain data regarding its interviewees, in addition to other data. Moreover, although both licensees' recruitment efforts were deficient with respect to the largest minority group in their respective MSAs, we find Station KKIQ's efforts to be more egregious because of the complete absence of Black applicants in its applicant and interview pools. In view of the foregoing factors and broadcasters' long-standing familiarity with our EEO Rule, on balance, we conclude that the circumstances here justify issuance of a Notice of Apparent Liability for forfeiture for $7,000. We also impose reporting conditions on Stations KTAM(AM)/KORA-FM in order to monitor the stations' prospective recruitment and self-assessment efforts. III. CONCLUSION 2. After reviewing the record before us, we find that a hearing is not warranted and that grant of the renewal applications for Stations KTAM(AM)/KORA-FM and Station KHLR-FM is in the public interest. We grant the renewal application for Station KHLR-FM without conditions. However, because the overall EEO efforts of Stations KTAM(AM)/KORA-FM were deficient, we grant the renewal applica-tions for these two stations subject to reporting conditions and a Notice of Apparent Liability for forfeiture in the amount of $7,000. IV. ORDERING CLAUSES 3. Accordingly, IT IS ORDERED that the license renewal application filed by Springer Broadcasting, Inc. for Station KHLR-FM IS GRANTED. 4. IT IS FURTHER ORDERED that the license renewal applications filed by Springer Broadcasting, Inc. for Stations KTAM(AM)/KORA-FM ARE 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 $7,000. 5. IT IS FURTHER ORDERED that the licensee of Stations KTAM(AM)/KORA-FM submit to the Commission an original and one copy of the following information on April 1, 1998, April 1, 1999, and April 1, 2000: (a) Two lists divided by full-time and part-time vacancies during the 12 months preceding March 1, 1998, for the first report, March 1, 1999, for the second report, and March 1, 2000, for the third report, indicating the job title and FCC job category, date of hire, the race or 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. These lists should also note which recruitment sources were contacted; (b) A list of employees as of the March 1, 1998, payroll period for the first report, March 1, 1999, payroll period for the second report, and March 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 stations' efforts to recruit minorities and women for each position filled during the 12 months preceding March 1, 1998, for the first report, March 1, 1999, for the second report, and March 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 regarding the stations' EEO performance and efforts thereunder. 6. IT IS FURTHER ORDERED that a copy of this Memorandum Opinion and Order and Notice of Apparent Liability be sent to the licensee by Certified Mail -- Return Receipt Requested. 7. 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. 8. With respect to the forfeiture proceeding, the licensee 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 Magalie Roman Salas Secretary