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In support of this argument, the licensee states that KGWNTV attracted only two minority  xapplicants for 26 positions overall and only one minority applicant for 20 upperlevel positions and hired  xonly one minority for a lowerlevel position (3.8% of all hires). By contrast, the licensee says,  S- xKKCB(AM)/KSLYFM hired minorities for 13 of 72 positions overall (18.1% of all such hires) and for  xnine of 61 upperlevel positions (14.8% of all such hires). Moreover, the licensee argues that KGWNTV  xacknowledged that it had difficulty attracting an adequate number of minority candidates, warranting a  xspecial effort to identify and contact minority recruitment sources. The licensee contends that with its  xhiring record, it is obvious that its recruitment activities were at least "adequate," and the licensee submits that they were far better than that "by any reasonable measure."  S- ` `x5. ` ` The licensee next argues that if its only "failure" under the EEO policies was that it did  xnot maintain detailed recruitment records, "it is manifestly unfair to impose on the licensee standards of  xforfeiture developed after and in many cases well after the last date by which the licensee was able  xto correct its actions." According to the licensee, in decisions announced by the Commission during 1990,  xat the time that the licensee realized and then corrected its failure to maintain detailed recruiting records,  S - xMthe Commission was imposing less onerous sanctions and remedies for similar failings.X i. yOx"-  ЍxIn support of this argument, the licensee cites Melbourne, Florida Broadcast Renewals, 5 FCC Rcd 6738  yO@#- x(1990); South Carolina Broadcast Renewals, 5 FCC Rcd 1704 (1990); Sarasota, Florida Broadcast Renewals, 5 FCC  yO$-Rcd 5683 (1990); and Miami, Florida Broadcast Renewals, 5 FCC Rcd 4893 (1990). The licensee  xasserts that it is particularly unfair to calculate its fine by comparison to the actions of KGWNTV  xbecause KGWNTV's failings occurred during the period from 1990 to 1993, after the licensee here had  xfiled its renewal applications and effected its curative action. The licensee further asserts that if it were  Sp#-able to ` ` (#` "p#,l(l(,,$"  xintroduce its corrective recordkeeping practices for 1990 to 1993 the period which was at issue in  S-Stauffer there would be no basis for a fine at all.  S- ` x6. ` ` In addition, the licensee argues that we apparently disregarded its contention that its past  x?record of overall compliance with the Commission's rules and policies warrants a reduction in the  S8- xforfeiture. In this regard, the licensee complains that there is no substantive discussion in the Forfeiture  S- x{Order of the effect of its previous "spotless" record of compliance on the amount of the forfeiture imposed.  S- ` x7. ` ` The licensee also disputes our conclusion in the Forfeiture Order that the financial  x[information which it submitted in support of its financial hardship claim was out of date and inadequate.  xThe licensee states that its 19901992 tax returns were the most detailed and current information available  S - x.when it filed the petition for reconsideration of SLO in March 1994. Further, the licensee contends that  xzthese tax returns do contain all of the financial information necessary to establish its "actual" financial  xcondition and the losses realized during this period. Nevertheless, the licensee submits a copy of its tax  x/return for calendar year 1993, which it claims was previously unavailable. Additionally, the licensee  xargues that the loss it incurred on the sale of KSLYFM, standing alone, documents the type of adverse financial circumstances warranting a reduction in a forfeiture.  S- ` `x8. ` ` By letter dated April 9, 1997, Commission staff informed the licensee that its 1993 tax  S- xreturn was out of date, and therefore was inadequate to support its financial hardship claim. Letter to Guy  S- xP. Hackman (April 9, 1997). The staff noted that while this information may have been current when the  xlicensee filed its initial response to the NAL, it does not reflect the licensee's present ability to pay the  xforfeiture. The staff accordingly requested that the licensee submit financial statements for a oneyear  S@-period, no earlier than the year ending December 31, 1996.   S- ` $x9. ` ` In response to the staff letter, the licensee has submitted a copy of its tax return and a  xfinancial statement for the year ending December 31, 1996. In addition, it has furnished a sworn  xdeclaration from its principal partner, Guy P. Hackman. This declaration states that when the licensee  xacquired KKCB(AM)/KSLYFM in 1986, it delivered to the former owner a promissory note for a portion  xof the purchase price; that the licensee has consistently suffered operating losses; that when KSLYFM  xwas sold in 1994, the proceeds of the sale were not retained by the licensee, but rather were paid to the  xformer owner with respect to debt then in default under the promissory note; and that after the sale of  xKSLYFM, the licensee still owed a substantial sum in principal and accrued interest under the promissory  xMnote, none of which was assumed by the buyer of the FM station. Thus, the licensee argues that the  S- xcircumstances here are substantially identical to that in Pinnacle Communications, Inc., 11 FCC Rcd  S`- xz15496 (1996) ("Pinnacle"), where the Commission rescinded a $31,250 forfeiture assessed against the licensee of KTMS/KTHYFM, Santa Barbara, California, due to its financial condition.  S - III. DISCUSSION ĐTP  S"- ` ax 10. ` ` We reject the licensee's argument that its EEO record is "far superior" to that of the  Sp#- x/licensee in Stauffer. As noted in the Forfeiture Order, KKCB(AM)/KSLYFM and KGWNTV had  SH$- xcomparable percentages of minorities in their respective labor forces.H$i. yO&-  /ԍxKKCB(AM)/KSLYFM were located in an area with a 12.7% minority labor force, while KGWNTV was located in an area with a 13% minority labor force. Moreover, the licensees of these"H$ ,l(l(,,%"  xstations both lacked specific information about applicants, interviewees, and recruitment contacts,  xinformation which is essential for licensees to selfassess the effectiveness of their recruitment efforts.  S- xAlthough KGWNTV was a larger station,i. yO-  ԍxStation KGWNTV had an average fulltime staff of 43 employees, while Stations KKCB(AM)/KSLYFM had an average fulltime staff of 20 employees. KKCB(AM)/KSLYFM had more than twice as many  xvacancies (72 as compared to 26) and was unable to verify recruitment for nearly twice as many vacancies  x(20 as compared to 11). Because KKCB(AM)/KSLYFM had more than twice as many vacancies, the  xlicensee of these stations had more opportunities to review and assess its EEO program and to correct any  xLdeficiencies. All matters considered, the records of the two stations are comparable. Further, we cannot  xaccept the licensee's contention that its hiring record for minorities compels a conclusion that its  xrecruitment efforts were at least adequate. Hiring or employing minorities within certain numerical  xjparameters does not automatically insulate licensees from scrutiny. Rather, our focus is on the licensee's  xefforts, particularly its recruitment efforts and its efforts to selfassess the results of its EEO program.  SH - xSee, e.g., Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunities  S - x{in the Broadcast Radio and Television Services, 2 FCC Rcd 3967, 3974 (1987); Carolina Christian  S - xBroadcasting, Inc., 3 FCC Rcd 1907, 1910 (1988); Historic Hudson Valley Radio, Inc., 11 FCC Rcd 7391,  S - x7394 (1996). See also D.W.S., Inc., 7 FCC Rcd 7170, 7172 n.8 (1992) (meeting or exceeding the  xprocessing guidelines is not a "safe harbor"). Indeed, the Commission acknowledged the licensee's efforts  S - xto attract, interview and employ qualified minorities and women in SLO, but the record also reveals numerous deficiencies in the areas of recruitment, recordkeeping and selfassessment.  S- ` #x 11. ` ` Further, we find no merit in the licensee's second argument that if its only "failure" was  xthat it did not maintain detailed recruitment records, it is unfair to impose on the licensee standards of  x=forfeiture developed after it was able to correct its actions. Initially, we note that the burden was on the  xlicensee to demonstrate what recruitment efforts it had made and its attempts to selfassess those efforts.  Sh- x{The licensee was unable to verify that it recruited for 20 (27.8%) of 72 vacancies. In addition, the  xlicensee's submissions showed that it recruited using only general recruitment sources for the remaining  S- x[52 vacancies and that minorities were in only 13 (18.1%) of 72 applicant and interview pools. We could  xnot conclude based on this data, nor could the licensee, that its recruitment and selfassessment efforts  xjwere adequate. Thus, the licensee's arguments notwithstanding, the record does not manifest evidence of  S- xkrecruitment for every vacancy and ongoing meaningful selfassessment as required by our EEO Rule.x i. yO`-  /ЍxSection 73.2080(c)(2) reads: "Use minority organizations, organizations for women, media, educational  xinstitutions, and other potential sources of minority and female applicants, to supply referrals whenever job vacancies  yO- xare available in its operation. For example, this requirement, may be met by [(i)(v) list various EEO program  xelements]" (emphasis added). 47 C.F.R. 73.2080(c)(2). Section 73.2080(c)(5) reads: "Analyze its efforts to recruit,  xhire, and promote minorities and women and address any difficulties encountered in implementing its equal  yOH - xemployment opportunity program. For example, this requirement may be met by [(i)(iii) list various EEO program elements]" (emphasis added). 47 C.F.R. 73.2080(c)(5).  xUnder these circumstances, it is clear that the licensee's recruitment and selfassessment were not in accordance with our EEO Rule.  S- ` x 12. ` ` Additionally, we disagree with the licensee's assertion that we imposed on it standards of  xforfeiture developed after its license term expired. The 1990 cases cited by the licensee related to stations"` ,l(l(,,"  S- xkwhose licenses expired prior to the adoption of the 1989 amendment to our forfeiture authority.@i. yOh-  ЍxPrior to the 1989 amendment to our forfeiture authority, Section 503(b)(2)(i) of the Communications Act  xprovided that the forfeiture penalty assessed against a broadcaster could "not exceed $2,000 for each violation or  xKeach day of a continuing violation 8 but the total forfeiture that may be imposed under this section 8 shall not  xexceed $20,000." In 1989, Congress substantially increased our forfeiture authority. Pub. L. No. 101239, 103 Stat.  x2131, enacted December 19, 1989. Pursuant to the 1989 amendment, the forfeiture penalty now assessed against  xxa broadcaster may "not exceed $25,000 for each violation or each day of a continuing violation, except that the  xxamount assessed for any continuing violation shall not exceed a total of $250,000 for any single act or failure to  yO-act." See 47 U.S.C.  503(b)(2). By  xcontrast, the licenses for KKCB(AM)/KSLYFM and KGWNTV expired after Congress amended our  xforfeiture authority in 1989 to permit substantially higher forfeitures. Since the same forfeiture authority  xwas applicable to both KKCB(AM)/KSLYFM and KGWNTV, it is irrelevant that the violations of  xKGWNTV occurred later. In both instances, EEO efforts during the current license term were evaluated.  xIn that regard, consideration of the alleged postterm improvements in the licensee's EEO recordkeeping  S- xOwas not appropriate because violations during the license term warranted sanctions. See Rust  S- x=Communications Group, Inc., 73 FCC 2d 39, 53 (1979); Walker County Communications, Inc., 11 FCC Rcd 17506, 17510 (1996).  Sp- ` x 13. ` ` We also reject the licensee's argument that its prior record of compliance with the  SH - xCommission's Rules was not taken into account in setting the forfeiture. While the Forfeiture Order did  S - x[not expressly reference the licensee's past record, as noted in the Forfeiture Order, the relevant statutory  xfactors set forth in Section 503(b)(2)(D) of the Communications Act, including the nature, circumstances,  xextent and gravity of the violations, and the licensee's record of compliance with our rules, were  xconsidered in setting the forfeiture amount. Reduction of the forfeiture based on the licensee's past record  S - x\was not warranted here in view of the serious nature of the violations ĩ specifically, that the licensee  x=could not verify minority and female recruitment for 20 (27.8%) of 72 vacancies, kept no records of the  x.composition of its applicant pools, and could show that it attracted minorities to only 13 (18.1%) of 72 applicant pools.  S- ` x 14. ` ` Finally, after reviewing the financial documents submitted by the licensee,i. yO(-  lԍxThe licensee requests that its financial submissions be kept confidential. Pursuant to 0.457(d) of the Commission's Rules, we grant this request. we deny the  xlicensee's request that we reduce or rescind the forfeiture due to its financial condition. We recognize that  xthe licensee has incurred significant losses since its establishment in 1986. Nevertheless, we note that the  xMlicensee showed a net profit for the twelve months ending December 31, 1996, and that the licensee's  xpartners received sizable guaranteed cash payments and property distributions in 1996. Furthermore, we  S- xybelieve that Pinnacle is distinguishable from the instant case. In Pinnacle, we found that the Transfer and  xAssignment Agreement ("Agreement") submitted with the applications to assign the licenses for  xKTMS/KTHYFM showed that the licensee was in default on a $4,000,000 loan obligation which was  xpersonally guaranteed by the licensee's principal; that the Agreement was entered into in order to avoid  xforeclosure; that the consideration to be received by the licensee consisted entirely of a partial assumption  xof its outstanding liabilities by the buyer; that the Agreement provided for no cash payments to either the  xlicensee or its principal; and that the Agreement excluded from assumed liabilities any debt owed by the  S- x^licensee to its principal. 11 FCC Rcd at 15498. The licensee in the instant case states that its  S- xcircumstances are substantially identical to that in Pinnacle because: it was in default on a promissory"( ,l(l(,,"  xnote executed in connection with the acquisition of KKCB(AM)/KSLYFM when it sold KSLYFM; it  xdid not retain any of the proceeds from the sale of KSLYFM; and the buyer of KSLYFM did not assume  S- x\past due obligations owed by the licensee. However, unlike the licensee in Pinnacle, the licensee here  xLretained one of its stations, KKCB(AM), and, as noted above, this station showed a net profit for 1996.  xMoreover, in 1996, the licensee's partners received guaranteed cash payments and property distributions.  xIn view of all of the foregoing circumstances, we do not believe that any reduction in the forfeiture amount is warranted.  S-: IV. ORDERING CLAUSES ă  Sp- ` x15.` ` Accordingly, IT IS ORDERED that the Petition for Reconsideration filed September 16,  SH -1996, by San Luis Obispo Broadcasting Limited Partnership IS DENIED .  S - ` x16. ` ` IT IS FURTHER ORDERED that San Luis Obispo Broadcasting Limited Partnership's  S - xrequest for confidentiality IS GRANTED , and that the financial documents submitted with its petition for  S - xLreconsideration SHALL BE KEPT CONFIDENTIAL pursuant to Sections 0.457 and 0.459 of the Commission's Rules, 47 C.F.R.  0.457 and 0.459.  S0- ` Ax17.` ` IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail --  S- xlReturn Receipt Requested -- a copy of this Memorandum Opinion and Order to San Luis Obispo Broadcasting Limited Partnership.    x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhMagalie Roman Salas   x` `  hhSecretary