WPC 2BJ3Courier3|J )ix6X@`7X@Times New Roman (TT)Times New Roman (Bold) (TT)NX@Times New Roman (TT) I. A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)X` hp x (#%'0*,.8135@8:3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\Courier New (TT)Times New Roman (TT)`7X@2a=5,&a\  P6G;&PMM N&o) 3`'^B(Z\ @^.$h'j;U7G;7 8$'A LegalLegalMonarch2 @ Z r % "5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 4/4MCL) (Add) RM 7310HPLAS4.WRSSC\  P6Q,,"`NP2J=.X &J\  P6Q&P3|a Times New RomanTimes New Roman Bold2!Z X3 X~HP LaserJet 4M (PCL) (Add) RM 7310HL4MPCAD.PRSC\  P6Q\&!3pP(y.C8*XC\  P6QP)2J=.X &J\  P6Q&P.*2N=.X7&N4  pQ&P,%X)J,\  P6QJPSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNQ\7"yyyy\njc\gnn\2SKMv S'X` hp x (#%'0*,.8135@8:g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\footnote referencefootnote reference!2  X4a8DocumentgDocument Style StyleXX` `  ` 2pk6k a4DocumentgDocument Style Style . a6DocumentgDocument Style Style GX  a5DocumentgDocument Style Style }X(# a2DocumentgDocument Style Style<o   ?  A.  2 vtY  ga7DocumentgDocument Style StyleyXX` ` (#` BibliogrphyBibliography:X (# a1Right ParRight-Aligned Paragraph Numbers :`S@ I.  X(# a2Right ParRight-Aligned Paragraph Numbers C @` A. ` ` (#` 2 <  Da3DocumentgDocument Style Style B b  ?  1.  a3Right ParRight-Aligned Paragraph Numbers L! ` ` @P 1. ` `  (# a4Right ParRight-Aligned Paragraph Numbers Uj` `  @ a. ` (# a5Right ParRight-Aligned Paragraph Numbers_o` `  @h(1)  hh#(#h 2"5 !a6Right ParRight-Aligned Paragraph Numbersh` `  hh#@$(a) hh#((# a7Right ParRight-Aligned Paragraph NumberspfJ` `  hh#(@*i) (h-(# a8Right ParRight-Aligned Paragraph NumbersyW"3!` `  hh#(-@p/a) -pp2(#p Tech InitInitialize Technical Style. k I. A. 1. a.(1)(a) i) a) 1 .1 .1 .1 .1 .1 .1 .1 Technical2d%"#/$$a1DocumentgDocument Style Style\s0  zN8F I. ׃  a5TechnicalTechnical Document Style)WD (1) . a6TechnicalTechnical Document Style)D (a) . a2TechnicalTechnical Document Style<6  ?  A.   2+(%=&&'a3TechnicalTechnical Document Style9Wg  2  1.   a4TechnicalTechnical Document Style8bv{ 2  a.   a1TechnicalTechnical Document StyleF!<  ?  I.   a7TechnicalTechnical Document Style(@D i) . 2.](3(*e.a8TechnicalTechnical Document Style(D a) . Doc InitInitialize Document Stylez   0*0*0*  I. A. 1. a.(1)(a) i) a) I. 1. A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:Right Par 3Right Par 3+` hp x (#X` P hp x (#X` P hp x (#` hp x (#Right Par 4Right Par 4,` hp x (#X` hp x (#0X` hp x (#0` hp x (#Right Par 5Right Par 5-` hp x (#X` hp x (#X` hp x (#` hp x (#Right Par 6Right Par 6.` hp x (#X` hp x (#0X` hp x (#0` hp x (#2*I/@0B1(D2$GRight Par 7Right Par 7/` hp x (#X` hp x (#X` hp x (#` hp x (#Right Par 8Right Par 80` hp x (#X` hp x (#0X` hp x (#0` hp x (#Document 1Document 11` hp x (#X` hp x (#X` hp x (#` hp x (#Technical 5Technical 52` hp x (#X` hp x (# X` hp x (#` hp x (#2|N3$\I4lK5lK6$XLTechnical 6Technical 63` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 2Technical 24 Technical 3Technical 35 Technical 4Technical 46` hp x (#X` hp x (# X` hp x (#` hp x (#2U7lN8$O9$>Q:bSTechnical 1Technical 17 Technical 7Technical 78` hp x (#X` hp x (# X` hp x (#` hp x (#Technical 8Technical 89` hp x (#X` hp x (# X` hp x (#` hp x (#toc 1toc 1:` hp x (#!(#B!(#B` hp x (#2*^;U<W=Y> \toc 2toc 2;` hp x (#` !(#B` !(#B` hp x (#toc 3toc 3<` hp x (#` !(# ` !(# ` hp x (#toc 4toc 4=` hp x (# !(#  !(# ` hp x (#toc 5toc 5>` hp x (#h!(# h!(# ` hp x (#2,e?\^@vz`A`Bctoc 6toc 6?` hp x (#!(#!(#` hp x (#toc 7toc 7@ toc 8toc 8A` hp x (#!(#!(#` hp x (#toc 9toc 9B` hp x (#!(#B!(#B` hp x (#2.lC^eD|gEiFvkindex 1index 1C` hp x (#` !(# ` !(# ` hp x (#index 2index 2D` hp x (#` !(#B` !(#B` hp x (#toatoaE` hp x (#!(# !(# ` hp x (#captioncaptionF 2oGl`lHrlK>m_Equation Caption_Equation CaptionG endnote referenceendnote referenceH "i~'^ %,77\V%%%7>%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn72r@o Q#"5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\2|@-s@mv>@y"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7<\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f"5@^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777"5@^?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_((((W,E(OWOOOOOOOOOOOwSKSKSKSKSK,,,,,,,,[WWOWOWOWO_W_W_W_W(KOOWSWOWOSKWOSSOOWWOOSKSKSKSKWWSK[K[O[[K[K_W_W,WWW,,,W;WSG,GE[W[WWW((WCWEOC((N((;S(GOOOS(OOOOKOOOOOO(((((((((((((((OOtOg[[GOee*,KO.wROOn[CfxKxWlRx[][ceIfIs`Wx[rriwge((((((((((((((((((((((((((((((((?(?SO_c(88?g(g(WOOOOOOOOOO((_g_GkOWSWSO[_,;WGc[WWWWOK_O_OSO888WO(OSKSK3KW,,S,WOSOCC;WG_OKG8 8_(((((((((((((((((((((((((((((((((((KOOS,SWOOOOOOO,gOO(K;((OOOOOOGOOOOOOOSSSSS,,,,W[WWWWWOW____SSWOOOOOOwKKKKK,,,,OWOOOOOGOWWWWKS2Z}@yZ(y.C8*XC\  P6QP)2J=.X &J\  P6Q&P.*2N=.X7&N4  pQ&+P,%X)J,\  P6QJP ,y.K8?X3qK\  P@QP 2S=FX3RY&S\  P@Q&Pn vj "5@^F,F\Wim,==Fq,q,`WWWWWWWWWW,,iqiOvW`\`\Wdi0A`Omd````WSiWiW\W===`W,W\S\S9S`00\0`W\WJJA`OiWSO=#=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`\O0OKd`d```,,`J`KWJ,,N,,A\,OWWW\,WWWWSWWWWWW,,,,,,,,,,,,,,,WWtWqeeOWoo.0SW2ZWWyeCpS`vZefeloPpPj`e~~tro,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,F,F\Wim,==Fq,q,`WWWWWWWWWW,,iqiOvW`\`\Wdi0A`Omd````WSiWiW\W===`W,W\S\S9S`00\0`W\WJJA`OiWSO=#=i,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,SWW\0\`WWWWWWW0qWW,SA,,WWWWWWOWWWWWWW\\\\\0000`d`````W`iiii\\`WWWWWWSSSSS0000W`WWWWWOW````S\ S0 X   (g S0 #&J\  P6Q &P#Federal Communications Commission`(#FCC 9816 ă   yx}dddy (Q Before the Federal Communications Commission  S$&NWashington, D.C. 20554 ă In re ApplicX01Í ÍX01Í Íation of) )  S0Valley Communications, Inc.)File No. BR960731L4 ) For Renewal of License for)  S50Station WFXW(AM)4055Y S 0  ԍ#C\  P6QP#On April 8, 1996, the Commission approved the assignment of WFXW(AM)'s license from Valley  xCommunications, Inc. to CCC Communications, Inc. (File No. BAL960222ED). This assignment has not yet been  yO= $ xconsummated due to delays in the proposed assignee's financing and the pendency of the instant petition against the  yO $renewal application.#&J\  P6Q &P#4)  S0Geneva, Illinois )  Si $   MEMORANDUM OPINION AND ORDER  S6 $ AND NOTICE OF APPARENT LIABILITY d  S $X` hp x (#%'0*,.8135@8:g3 S0  ԍ#C\  P6QP#As noted above, this employee was hired by the broker and was originally intended to be the employee of  yO$the broker.  See  78, supra.#&J\  P6Q &P#> As this employee was faced with an  xapproximately two hour commute, the licensee states, he attempted to time his arrival and departure at the  xstation so that he arrived after the morning rush hour and left prior to the evening rush hour. The licensee  xasserts that the limited number of hours remaining for work adversely affected the employee's performance  x(and was one of the reasons for his termination. The licensee made no showing regarding efforts to recruit employees from Chicago.  S0 `  13. ` ` As its initial frame of reference in analyzing a station's EEO efforts, the Commission uses  xthe labor force statistics for the MSA in which the station is located or, when the station is not located  S 0 xwithin an MSA, for the county in which the station is located. Michigan/Ohio, 3 FCC Rcd 6944, 6945  x(1988). Here, WFXW(AM) was located in the AuroraElgin MSA until 1992, when the AuroraElgin  xMSA was incorporated into the Chicago MSA. Accordingly, the EEO record of WFXW(AM) is  xappropriately reviewed by reference to labor force statistics for the AuroraElgin MSA for the first three  xyears of the license term, from 1990 to 1992, and by reference to labor force statistics for the Chicago MSA for the remainder of the license term, from 1993 to 1996.  S70 `  14. ` ` In certain circumstances, we permit licensees to use alternative labor force data if they can  xdemonstrate that the MSA or county data would not accurately reflect the available labor force. The  xstandard for use of an alternative labor force is a threepart test: (1) the distance of the station from the  xareas with significant minority population is great; (2) commuting from those areas to the station is  xhdifficult (such difficulties may be based on distance but may also be based on other factors such as lack  x\of public transportation); and (3) recruitment efforts directed at the MSA or county minority labor force  S0 xhave been fruitless. Broadcast EEO, 2 FCC Rcd at 3973; Buckley Broadcasting Corp., 9 FCC Rcd 2099,  S0 x2101 (1994). The burden is on the licensee to justify use of alternative labor force data. Broadcast EEO, 2 FCC Rcd at 3973.  S90 ` $15. ` ` We find that the licensee of WFXW(AM) has failed to justify use of Kane County labor  xforce data. While the licensee did address potential commuting difficulties between the station's location  S0 x$and downtown Chicago (a distance of approximately 37 miles), it failed to demonstrate that it made  xfruitless recruitment efforts directed at Chicago's minority labor force. To satisfy the alternative labor  xforce criterion concerning recruitment efforts, we have stated that a licensee must show that "despite  x@extensive recruitment involving use of minority referral sources, it was unable to obtain qualified  S0 xapplicants from areas of minority concentration in the MSA." National Capital Christian Broadcasting,  S0 xInc., 3 FCC Rcd 1919, 1920 (1988). As will be discussed more fully below, the record shows that the  xPlicensee did not actively recruit for four of nine vacancies. Further, for those vacancies for which it did  xrecruit, the licensee did not attempt to recruit using sources which are located in the Chicago area or  x\directed at Chicago's minority labor force. Rather, the licensee simply relies on its undocumented claim  xthat a prior owner of the station unsuccessfully attempted to recruit employees in Chicago. This is  x4insufficient to warrant use of alternative labor force data. Moreover, to the extent that the licensee argues  x,that its minority recruitment efforts have been hampered by the distance and difficulty of commuting to  x,the station from Aurora and Elgin, other areas of minority concentration in the MSA, we do not believe  xthat the distance to the station from Aurora and Elgin (11 miles and seven miles, respectively) is sufficient  S $0 xto justify use of alternative labor force data. In any event, the licensee has failed to show that it made" $0,l(l(,,$"  xefforts to attract qualified minority applicants from Aurora and Elgin or that commuting from these areas  xis difficult. Accordingly, the licensee has not provided an adequate and reasoned basis for reliance upon an alternative labor force.  S4$ C. EEO Performance of WFXW(AM)  S0 ` 16. ` ` In its first inquiry response, the licensee reports that WFXW(AM) filled ten fulltime  xvacancies (all upperlevel) between December 1, 1993, and December 1, 1996, seven before February 1,  Sh0 x1996, and three between February 1, 1996 and December 1, 1996.(h3 S0  ԍ#C\  P6QP#In a subsequent filing, the licensee reports that one of these ten vacancies was a parttime vacancy. See  yO $ 19, infra. #&J\  P6Q &P#( In sworn affidavits included with this  xPinquiry response, WFXW(AM)'s former and current station managers state that records on recruitment  x@sources, referrals obtained from the sources, and applicant and interviewee flow data were maintained, but  S0 xwere destroyed by flooding.Y03 S 0  ԍ#C\  P6QP# In its opposition to the petition to deny, the licensee states that the records were either destroyed by flooding  yOw$or inadvertently discarded. See  22, infra.#&S\  P@QRY&P#Y Specifically, the affidavits indicate that in early February 1996, the files  x containing all of the station's recruitment and applicant data were placed in a cardboard box and stored  x4on the floor of the basement, where they remained until the box was destroyed by flooding which occurred  x on July 1718, 1996. However, the licensee does provide some recruitment information which is based  xpon the station's payroll records and the personal knowledge of various current and former station  xemployees. This information indicates that no recruitment occurred for three of the seven fulltime  xvacancies filled prior to February 1996 a sales vacancy filled in April 1994, an announcer vacancy filled  xin September 1994, and an announcer vacancy filled in December 1994. With respect to these three  xvacancies, the licensee explicitly states, based on information supplied orally by the former station  xDmanager, "position not advertised." The hirees for these three vacancies are listed as walkin applicants  xtor employee referrals. Regarding the four vacancies filled prior to February 1996 for which it recruited,  x,the licensee reports that two of the hirees were referred by a local newspaper, one was referred by an  Sk0employment agency, and one was a walkin applicant. hk3 S0  ,ԍ#C\  P6QP#The licensee's first inquiry response indicates that the walkin applicant was hired from the same applicant  xpool as one of the hirees referred by a local newspaper. Thus, it appears that recruitment did occur for the vacancy  yOC$filled by the walkin applicant.#&J\  P6Q &P#Ѷ  S0 ` 17. ` ` The licensee's first inquiry response also shows that no recruitment occurred for any of  x,the three fulltime vacancies which it filled after February 1996. The licensee explicitly states "position  x4not advertised" with respect to two sales vacancies filled in March 1996. The licensee identifies the hirees  xfor these two vacancies as walkin applicants. The third vacancy was filled on September 5, 1996, nearly  xPtwo months after the flooding which destroyed the licensee's recruitment records. The licensee reports  xthat the hiree for this vacancy was a walkin inquiry during the Spring of 1996 but was not hired then  xbecause there were no openings at that time; the licensee says that when this applicant called back in  x@September 1996, a position was available and the applicant was hired. Thus, it appears that no recruitment  x8occurred for this vacancy either. The licensee's first inquiry response indicates that six females and no  S:0minorities were among the ten fulltime hires during the period under review. h( :3 S%0  tԍ#C\  P6QP#According to 1980 Census data, the AuroraElgin, Illinois MSA, in which Station WFXW(AM) was located  xuntil 1992, had a labor force that was 42.1% female and 12.1% minority (3.6% Black, 7.8% Hispanic, 0.6%  xAsian/Pacific Islander, and 0.1% American Indian). No minorities are included on the station's Annual Employment"B' ,l(l(R'"  xReports for 19901996. The station's Annual Employment Report for 1990 lists five women (41.7%) among 12  xemployees, all upperlevel. The station's 1991 report lists five women (31.3%) among 16 employees, all upperlevel. In the 1992 report, six women (40.0%) are included among 15 employees, all upperlevel.  xTThe Commission uses 1990 labor force statistics for license renewal applications filed after May 31, 1993, and for  yOx$ x41993 and subsequent Annual Employment Reports. See Public Notice # 32651 (April 12, 1993). In 1992, the  xHAuroraElgin MSA was incorporated into the Chicago, Illinois MSA. According to 1990 Census data, the Chicago  xMSA labor force includes 45.6% females and 29.3% minorities (15.5% Black, 10.2% Hispanic, 3.4% Asian/Pacific  xIslander, and 0.2% American Indian). The station's 1993 Annual Employment Report shows seven women (53.8%)  x@on an overall staff of 13, including six women (50.0%) on an upperlevel staff of 12. In the 1994 report, four  xwomen (30.8%) are included among 13 employees, all upperlevel. In the 1995 report, five women (35.7%) are  xincluded among 14 employees, all upperlevel. The 1996 report shows three women (25.0%) among 12 employees  yO $overall, including two women (18.2%) among 11 upperlevel employees. #&J\  P6Q &P#":  ,l(l(,,"Ԍ S0 `  ԙ18. ` ` The licensee's supplement to its first inquiry response, which was submitted two months  xTafter the first inquiry response, consists of a declaration of Donald Oberbillig, the station manager at  xWFXW(AM) from 1988 until January 1996. In his declaration, Oberbillig states that "[d]uring the time  xthat I was Station Manager, it was my standard practice to recruit for all job openings" and that "I saw  S40 xto it that all sales openings were advertised" in the Kane County Chronicle and in the Beacon News." For  xnonsales openings, Oberbillig states that "I always contacted the following sources: Columbia School  xPof Broadcasting, Northern Illinois University, and Frank's Employment." However, Oberbillig concedes  xthat "none of these sources were very productive 8 in terms of attracting qualified minority applicants."  xOberbillig asserts that he maintained applicant and referral information to assist him in determining the  xproductivity of particular recruitment sources and that he periodically reviewed this information to  xPdetermine how the station was performing in recruiting minority and female applicants. He also asserts  xXthat he considered what recruitment sources should be added or deleted in order to produce a more diverse applicant pool.  S6 0 ` 19. ` ` The staff sought clarification of matters included in the licensee's supplement. In its  xsecond inquiry response, which includes an affidavit from Oberbillig, the licensee explains that Oberbillig's  xdeclaration was submitted based upon its counsel's review of recent Commission decisions in the area of  xPequal employment opportunity and its counsel's conclusion that it might prove helpful to the Commission  xDif more details concerning Oberbillig's recruitment activities could be provided. Although Oberbillig had  xpreviously indicated that the information already provided was his best recollection, "it was hoped that  xby asking the questions in a slightly different way, he might be able to remember more." The licensee  x,states that while Oberbillig's declaration appears to be inconsistent with its first inquiry response, which  xindicated that no recruitment occurred for three fulltime vacancies filled prior to February 1996, "the  xchange came about because Oberbillig had his recollection refreshed." With respect to the sales vacancy  xfilled in April 1994, Oberbillig avers in his affidavit that he now recalls that the station went through its  x,standard recruitment process when filling this vacancy. With respect to the announcer position filled in  xSeptember 1994, Oberbillig states that he did not consider the hire to be for an "opening" because the job  x$was created for a walkin applicant "whose credentials appeared good." He adds that "[i]t was my  xDdecision that to use the various resources to solicit applications might cause us to lose this talented lady,  xand that we could probably not find a candidate that offered the potential of the applicant hired." Thus,  xtthe licensee asserts that there is no inconsistency between the statement in its first inquiry response that  xno recruitment was done for this position and the statement in Oberbillig's declaration, submitted with the  xsupplement, that recruitment was conducted for all openings. Furthermore, the licensee notes that while  xthere was no specific recruitment for this position, the station had a continuing solicitation through  xColumbia School of Broadcasting, Northern Illinois University, and Frank's Employment. Oberbillig states": ,l(l(,,"  S0 xthat the announcer vacancy filled in December 1994 was filled by an employee referral who was  xencouraged to apply for a position before one opened up and then was hired when one did open up "on  x$an emergency basis." Again, the licensee notes that while no specific recruitment occurred for this  x$position, the station was making ongoing recruitment efforts with Columbia School of Broadcasting,  xNorthern Illinois University, and Frank's Employment. Oberbillig also states that this was a parttime,  xhrather than fulltime, position. The licensee provides no explanation as to why it previously reported this position as a fulltime position.  Sh0 ` 20. ` ` Regarding selfassessment, Oberbillig claims that he "would, at least monthly, assess what  xLour employment needs might be so that we could begin the solicitation process far in advance of  xemployees leaving." In addition, Oberbillig asserts that as a result of selfassessment, he would have  x\requests for sales people and other employees running continually at Columbia School for Broadcasting, Northern Illinois University, and Frank's Employment.  S6 0 ` 21. ` ` Rainbow alleges in its petition to deny that WFXW(AM) "is one of a handful of stations  x of any size in the United States, located in a market with a sizeable minority population, which reported  xno minority employment in any capacity even parttime throughout the license term." Further,  xRainbow asserts that WFXW(AM)'s EEO program was "ineffective to the point of neutrality." In support  xDof this assertion, Rainbow observes that no minority organizations, or even nonminority sources likely to  x8refer minority employees, are listed in the licensee's EEO Program Report as recruitment sources used  S0 xduring the reporting year.$ h3 Sl0  PЍ#C\  P6QP#The licensee's EEO Program Report lists the following as examples of recruitment sources used during the  yOD$ xyear beginning July 1, 199 5, and ending July 1, 1996: Kane County Chronicle; WFXW(AM); Elmhurst College;  yO $Elgin Community College; Geneva Women in Business; Saint Charles Women's Council; and employee referrals. #&J\  P6Q &P#$ Rainbow also observes that the recruitment sources listed in the licensee's  S0EEO Program Report generated only four minority referrals during the reporting year.M 03 Si0  lԍ#C\  P6QP#The licensee indicates in its EEO Program Report that it received three minority referrals from the Kane  yOA$ xCounty Chronicle and one minority referral from an employee. In its opposition, the licensee explains that the station  x`manager derived this minority referral data from his best recollections and from conversations with knowledgeable  yO$members of the station's staff. #&J\  P6Q &P#M  Sk0 ` 22. ` ` In its opposition, the licensee disputes Rainbow's assertions that it has employed no  xminorities during the license term and has used no recruitment sources likely to attract minority applicants.  xThe licensee points out that it employed a Black male as a parttime announcer from 1993 to April 1994,  xXand an Hispanic male as a parttime announcer from July 1994 to December 1994. Moreover, the licensee  xmaintains that it has made efforts to reach out to members of minority groups who might be qualified  xapplicants. Specifically, the licensee asserts that it has been its standard practice to advertise sales  S90 x4positions at WFXW(AM) in the Kane County Chronicle, a Geneva newspaper, and The BeaconNews, an  xtAurora newspaper, which was chosen specifically because of the town's significant minority population.  xhAdditionally, the licensee states that it recruited for sales openings by posting notices at Northern Illinois  xUniversity and Elgin Community College, airing advertisements on WFXW(AM), and encouraging  xemployee referrals. For one fulltime announcer vacancy filled in September 1994, the licensee indicates  xthat it did not actively recruit, but rather "relied upon resumes already on hand, referrals from current  xemployees, and word of mouth to find the right person." Unfortunately, the licensee says, records of the  xprecise number of referrals received from each recruitment source it utilized are not available because the  xDfile containing the records cannot be located at the station. According to the licensee, the records must  xhave been among those destroyed as a result of flooding in the area around Geneva. The licensee states  x@that it is also possible that the records may have been inadvertently discarded when WFXW(AM)'s former"; ,l(l(,,\"  xPstation manager stepped down in January 1996 in anticipation of the assignment and the time brokerage agreement.  Sg0 ` |23. ` ` In its reply to the licensee's opposition, Rainbow acknowledges that WFXW(AM) has  xhired minorities. However, Rainbow points out that the licensee cannot reconstruct its recruitment efforts  xbeyond the bare information contained in the renewal application. In Rainbow's opinion, those efforts  x\appear to be sparse and haphazard. Rainbow notes, in this regard, that the opposition does not maintain  xthat recruitment occurred for each position or that minorities regularly applied for job openings. Normally,  xPRainbow says, such an EEO record would lead to reporting conditions or a forfeiture. Nevertheless, so  xas not to impede the sale of the station, Rainbow states that WFXW(AM)'s license renewal should be  xtgranted immediately with reporting conditions passing to the assignee and an admonishment for the poor security afforded for the station's EEO records.  Si 0 ` X24. ` ` Having reviewed all matters presented, we conclude that there are no substantial and  xmaterial questions of fact warranting designation for hearing and that grant of the application would be  xconsistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k).  xFurther, we find no evidence of employment discrimination. The licensee contacted recruitment sources  S 0 xDincluding women's organizations, and hired minorities 3 S0ԍ#C\  P6QP#Minorities were hired for parttime positions.#&S\  P@QRY&P#ѭ and females. Therefore, because the licensee is  xotherwise qualified, renewal of the license for WFXW(AM) is in the public interest. 47 U.S.C.   S70309(d)(2); Astroline.  S0 ` 25. ` ` Nevertheless, we find the licensee's overall recruitment efforts to be deficient. Our review  S0 xindicates that the station failed to recruit actively for four (44.4%) of nine fulltime vacancies1h3 S0  hԍ#C\  P6QP#Although our EEO Rule requires broadcasters to recruit minorities and females for parttime as well as full yO~$ x0time positions, our primary focus in analyzing a licensee's EEO program is on efforts for fulltime vacancies. See  yOF$ xWFSQ(FM), 7 FCC Rcd 6045, 6046 (1992). Therefore, we have not included the parttime announcer position which  x,was initially reported as a fulltime position in our analysis of the licensee's recruitment efforts. However, we caution  yO$the licensee that accurate recordkeeping and reporting are essential for ascertainment of EEO efforts. #&J\  P6Q &P#1 in violation  xhof Section 73.2080(c)(2) of the Commission's Rules. Specifically, no recruitment occurred for the three  S80 xfulltime vacancies filled after February 1996. In addition, no specific recruitment was conducted for the  S0 xfulltime announcer vacancy filled in September 1994. The fact that the licensee did not believe that it  xcould find a candidate that offered the potential of the applicant hired using its recruitment sources did  S0 xnot relieve the licensee of its obligation to recruit minorities and females for this position. Our EEO Rule  Sl0 xrequires that licensees recruit minority and female applicants whenever vacancies occur. See 47 C.F.R.  x 73.2080(c). Moreover, general notifications unrelated to particular job openings are not a substitute for  xrecruitment contacts with sources designed to elicit minority and female applicants as each vacancy occurs.  S0 xSee KTEHTV Foundation, 11 FCC Rcd 2994, 2997 (1996). This is particularly true where, as here, the  xsources receiving the general notifications have been largely unproductive in eliciting qualified minority applicants.  S0 ` T26. ` ` The recruitment records for the remainder of WFXW(AM)'s vacancies are not available  S0 xdue to flooding in the region surrounding the station or may have been inadvertently discarded. While  x4we do not penalize the licensee for records lost under circumstances beyond its control, we cannot assume  xTbased on the facts of this case that the unavailable records would show that the licensee engaged in  S;0 xthorough and meaningful selfassessment of its recruitment efforts. Cf. Downs Satellite Broadcasting of  S 0 xSouth Carolina, Inc., FCC 96398 (released October 10, 1996). Based on the data that is available, it" (,l(l(,,( "  x4appears that the licensee did not adequately assess its EEO efforts. In particular, we note that none of the  x0recruitment sources listed in the licensee's EEO Program Report or opposition are minorityspecific  xsources, even though the licensee admittedly encountered difficulty in attracting qualified minority  Sg0 xPapplicants. See South Carolina Renewals, 5 FCC Rcd 1704, 1709 n.8 (1990) (stating that questions will  xbe raised concerning the extent to which a licensee has engaged in adequate efforts to obtain minority  xapplicants where the licensee does not obtain meaningful results from general sources and has not  xcontacted minorityspecific sources). Further, it appears that no selfassessment efforts were made after  xxFebruary 1996, when the files containing all of the licensee's recruitment and applicant records were placed in a box and stored in the basement of the station.  S0 ` 27. ` ` We believe that the record in this case is similar to, but less egregious than, that of the  S0 xlicensee of WCMS/WCMSFM, Norfolk, Virginia, in WCMS Radio Norfolk, Inc., 11 FCC Rcd 11081  S 0 x(1996).h 3 S 0  Ѝ#C\  P6QP#Stations WCMS/WCMSFM are located in the NorfolkVirginia BeachNewport News, Virginia MSA, which  xincludes 48.9% females and 30.4% minorities (25.8% Black, 1.8% Hispanic, 2.4% Asian/Pacific Islander, and 0.4%  yO $American Indian).#&J\  P6Q &P#џ In that case, the licensee failed to recruit for seven (70%) of its ten vacancies. In addition,  xminorities were absent from a significant number of applicant and interview pools. Despite its lack of  x$success in recruiting minorities, there was no evidence that the licensee conducted meaningful self xassessment of its EEO program. Moreover, the licensee failed to maintain applicant flow data to analyze  xthe composition of its applicant pools and the usefulness of its recruitment sources. We renewed the  xlicenses for WCMS/WCMSFM subject to reporting conditions and issued a Notice of Apparent Liability for $14,000.  S0 ` 28. ` ` Both WFXW(AM) and WCMS/WCMSFM are located in areas with substantial minority  xlabor forces (29.3% and 30.4%, respectively). Both licensees also failed to recruit for a significant  x8percentage of their vacancies. Additionally, in both cases, the licensees apparently failed to adequately  xxselfassess their EEO efforts, despite the difficulties they encountered in attracting qualified minority  S80 xapplicants. On balance, we find that the record of WFXW(AM) is less egregious than that of  xWCMS/WCMSFM because WFXW(AM) recruited for a higher percentage of its vacancies and had a  S0 x(smaller staff.A3 Sj0  ԍ#C\  P6QP# Station WFXW(AM) had an average of 14 fulltime employees on its overall staff, while Stations  yOB$WCMS/WCMSFM had an average fulltime staff of 30 employees. #&J\  P6Q &P#A Given the facts of this case and broadcasters' familiarity with our longstanding EEO Rule,  S0 xwe conclude that a $11,000 forfeiture is justified. Further, we impose reporting conditions to monitor the  Sl0 xstation's prospective EEO performance.0l`3 Sl0  ,Ѝ#C\  P6QP#Upon consummation of the assignment of license for WFXW(AM), the reporting conditions will follow as  yOD$ x`a matter of law and pass automatically to the assignee. See e.g., San Luis Obispo Limited Partnership, 9 FCC Rcd  yO $ xL 894 (1994); Woolfson Broadcasting, Inc., 4 FCC Rcd 6160 (19#C\  P6QP#89). However, we expect the licensee, not the  yO $assignee, to pay the forfeiture.#&S\  P@QRY&P#ѧ Accordingly, we will grant renewal subject to reporting  S90conditions and issue a Notice of Apparent Liability for $11,000.  S0:> IV. ORDERING CLAUSES ă  Sm0 ` 29.` ` Accordingly, IT IS ORDERED that the Petition to Deny filed by Rainbow concerning  S:0the license renewal application for Station WFXW(AM) IS D ENIED . " X ,l(l(,,@"  S0 ` 30.` ` IT IS FURTHER ORDERED that the license renewal application filed by Valley  S0 xCommunications, Inc. for Station WFXW(AM) IS GRANTED subject to the EEO reporting conditions  xspecified herein and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C.  Sg0 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $11,000.  S0 ` 31.` ` IT IS FURTHER ORDERED that the licensee of Station WFXW(AM) submit to the  xCommission an original and one copy of the following information on August 1, 1999, August 1, 2000, and August 1, 2001:  S50 ` `(a)` ` Two lists divided by fulltime and parttime vacancies during the 12  ` 8months preceding July 1, 1999, for the first report, July 1, 2000, for the  ` second report, and July 1, 2001, for the third report, indicating the job  ` title and FCC job category of the position, the date of hire, the race or  ` national origin, sex and the referral source of each applicant and  ` interviewee for each vacancy and the race or national origin and sex of  S 0 ` the person hired. These lists should also note which recruitment sources  S 0were contacted;9p 3 S80ԍ#C\  P6QP# Such a list might start: 1) News Director: Officials and Managers; Fulltime  yO$X` hp x (#%'0*,.8135@8: