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INTRODUCTION Ã  X'-  I. A. 1. a.(1)(a) i) a) 1. a. i.(1)(a)(i) 1) a)  X- " X- ` "x 1.` ` The Commission has before it for consideration: (i) license renewal applications  X - xyfor WHWD(AM)/WMEEFM and WQHKFM (collectively referred to as "the stations"); ֔ X[#-#Xj\  P6G; DXP#эx#Xj\  P6G; DXP##C\  P6QP#The stations' license terms ended on August 1, 1996. (ii) a  xkPetition to Deny jointly filed by the National Rainbow Coalition ("Rainbow") and Operation  xPUSH (collectively referred to as "petitioners"); (iii) an opposition jointly filed by Pathfinder  xCommunications Corp., licensee of WHWD(AM)/WMEEFM, and JAM Communications, Inc.,X#y0*0*0*"3'#BR9X  X- xjlicensee of WQHKFM (collectively referred to as "the licensee");s yOy- #Xj\  P6G; DXP##C\  P6QP#эJAM Communications, Inc. assumed control of Station WQHKFM following Commission grant of the   assignment application on February 23, 1993 (BAPLH921120EB). In its opposition, the licensee states that during   the inquiry period, the president and majority shareholder of Pathfinder Communications Corp. owned 50% of the   xcapital stock of JAM Communications, Inc. and was a director of the company. All three stations are run by the   Zsame general manager and filed renewal applications with combined data. Thus, we will treat all three stations as one employment unit. (iv) the licensee's response  X-to a staff letter of inquiry; and (v) reply comments.  X- II. BACKGROUND /PLEADINGS ă  X- ` x2.` ` The petitioners allege that the stations violated our Equal Employment Opportunity  xj("EEO") Rule, 47 C.F.R.  73.2080. Accordingly, they request that we conduct an investigation  X_- xof the stations' employment practices pursuant to Bilingual Bicultural Coalition on Mass Media  XH- xv. FCC, 595 F.2d 621 (D.C. Cir. 1978), and designate the renewal applications for hearing. The  x|licensee argues that the petitioners have failed to establish any violations of our EEO requirements and that unconditional renewal of the licenses should be granted.  X - ` x3.` ` In challenging an application pursuant to Section 309(d) of the Communications  xAct of 1934, as amended, a petitioner must, as a threshold matter, submit "specific allegations  xof fact sufficient to show that the petitioner is a party in interest and that a grant of the  X - x{application would be prima facie inconsistent with [the public interest, convenience, and  X- xnecessity]." 47 U.S.C.  309(d)(1); Astroline Communications Co. v. FCC, 857 F.2d 1556 (D.C.  Xy- xOCir. 1988) (Astroline); Dubuque T.V. Limited Partnership, 4 FCC Rcd 1999 (1989). The  xkallegations, except for those of which official notice may be taken, must be supported by an  xaffidavit of a person or persons with personal knowledge of the facts alleged. 47 U.S.C.  309(d)(1).  X-T ă  X- `  x4.` ` Submitted with the petition is a statement under penalty of perjury by an Operation  x\PUSH member who affirms that he is a regular listener of the stations and resides within the  x.stations' service areas and would be aggrieved if the petition is not granted. We find that this  X- x=declaration meets our requirements for standing. See NAB Petition for Rulemaking, 82 FCC 2d  X- x89, 9899 (1980) (NAB Petition), as modified by Maumee Valley Broadcasting, Inc., FCC 9796,  X- xreleased March 20, 1997, pet. for recon. pending. Accordingly, we hold that Operation PUSH  xhas established party in interest status. However, Rainbow did not file a declaration. We  Xe- xtherefore find that Rainbow has failed to establish petitioner status. See NAB Petition.  XN- xMAccordingly, we will dismiss Rainbow as a petitioner. See 47 U.S.C.  309(d)(1); 47 C.F.R.  73.3584(d). " @0*%%hh>"Ԍ X- ` x5.` ` Operation PUSH derived its factual allegations from the licensee's EEO program  xiand annual employment reports. As a threshold matter, we found that Operation PUSH presented  X- xla prima facie case demonstrating that grant of the renewal applications would have been  X- xinconsistent with the public interest. See Section 309(d)(1) of the Communications Act of 1934,  X-47 U.S.C.  309(d)(1); Astroline.   Xv- ` x6.` ` Review of Operation PUSH's allegations, as well as the licensee's pleadings, lead  xKus to conclude that there are no substantial and material questions of fact warranting designation  x/for hearing. Further, we find no evidence of employment discrimination. However, we will impose appropriate remedies and sanctions for deficiencies in the stations' EEO program.  X -   III. DISCUSSION ă  X -T Ã  X - `  x7.` ` Section 73.2080 of the Commission's Rules requires that a broadcast licensee  xrefrain from employment discrimination and establish and maintain an EEO program reflecting  xpositive and continuing efforts to recruit and promote qualified women and minorities. When  xevaluating EEO performance, the Commission focuses on the licensee's efforts to recruit and to  xipromote qualified women and minorities and the licensee's ongoing assessment of its EEO efforts.  xSuch an assessment enables the licensee to take corrective action if qualified women and  xminorities are not present in the applicant and interviewee pools. The Commission also focuses  X4- xon any evidence of discrimination by the licensee. See Section 73.2080, subsections (a), (b), and (c) of the Commission's Rules, 47 C.F.R.  73.2080(a)(c).  X- ` x8.` ` The stations' renewal applications, opposition, and inquiry response reveal that the  xzlicensee filled 31 permanent fulltime vacancies, all for upperlevel positions, from August 1,  X- xy1993, to August 1, 1996. ] yO:-#C\  P6QP#эxWe have not counted five internal transfers/reassignments or two promotions from parttime to fulltime status. The licensee indicates that it recruited for all 31 vacancies during the  xinquiry period and used eight minority sources, seven educational sources, two female sources,  xand seven general recruitment sources for each vacancy. The licensee did not maintain records  xLof minority referrals from its sources. For the period from April 1993 to April 1996, the licensee  xreports that it received 575 applications for all of its vacancies, including parttime and temporary  xpositions which it did not identify, and that at least 15 of these applications were from minorities (eight Blacks, four Hispanics, and three Asians).  X - ` x9.` ` Although the licensee maintained some records on the race of applicants and  x=interviewees during the inquiry period, it did not do so in all cases until September 1995, when  xzit initiated a monthly selfassessment of the stations' EEO performance. Hence, the licensee  xjreports complete applicant and interviewee information for only 12 of its 31 permanent fulltime  xvacancies. This information reveals that the stations attracted 197 applicants for fulltime"! 0*%%hh "  xemployment, including six minorities, and interviewed 77 applicants, including four minorities,  xfor the 12 positions. Although the licensee's records indicate that minorities were present in four  xapplicant and interview pools, the licensee also reports that it hired two minorities (one Hispanic  X- xand one Asian), for which complete applicant and interviewee data were not reported. s yO4- z#C\  P6QP#эAccording to the 1980 Census, the Fort Wayne, Indiana Metropolitan Statistical Area ("MSA"), in which   the stations are located, had an available labor force that was 42.7% female and 8.1% minority (6.1% Black, 1.4%   Hispanic, 0.4% Asian/Pacific Islander, and 0.2% American Indian). The licensee acquired WQHKFM in February   1993. The 1989 Annual Employment Report for WHWD(AM)/WMEEFM lists 20 women (44.4%) and two   minorities (4.4%) one Asian/Pacific Islander (2.2%) and one Black (2.2%) among 45 fulltime employees,   including 15 women (38.5%) and two minorities (5.1%) among 39 upperlevel job employees. The 1990 Annual   Employment Report for WHWD(AM)/WMEEFM lists 16 women (41%) and two Blacks (5.1%) among 39 fulltime   employees, including 11 women (32.4%) and two Blacks (5.9%) among 34 upperlevel job employees. The 1991   Annual Employment Report for WHWD(AM)/WMEEFM lists 12 women (33.3%) and two Blacks (5.6%) among   w36 fulltime employees, including nine women (27.3%) and two Blacks (6.1%) among 33 upperlevel job employees.   The 1992 Annual Employment Report for WHWD(AM)/WMEEFM lists nine women (31%) and one Black (3.4%)   among 29 fulltime employees, including six women (23.1%) and one Black (3.8%) among 26 upperlevel job employees.   The Commission uses 1990 Census data for all license renewal applications filed after May 31, 1993, and for 1993  yO-  xAnnual Employment Reports and later reports. See EEO Branch of Mass Media Bureau to Use 1990 U.S. Census  yO-  Data, Public Notice # 32651 (April 12, 1993). According to the 1990 Census, the Fort Wayne, Indiana MSA, in   which Stations WHWD(AM)/WMEEFM and WQHKFM are located, had an available labor force that was 46.2%   female and 8.1% minority (5.7% Black, 1.5% Hispanic, 0.6% Asian/Pacific Islander, and 0.3% American Indian).   The 1993 Annual Employment Report for WHWD(AM)/WMEEFM lists nine women (36%) and one Black (4%)   among 25 fulltime employees, including six women (27.3%) among 22 upperlevel job employees. For the 1994   and subsequent Annual Employment Reports, the licensee included WQHKFM's workforce with that of the other   stations and filed a report with combined data. The 1994 Annual Employment Report with data combined for all   Ythree stations lists 10 women (34.5%) and one Black (3.4%) among 29 fulltime employees, including seven women   h(26.9%) among 26 upperlevel job employees. The stations' 1995 Annual Employment Report lists an overall staff   kof 55 employees, including 14 women (25.5%) and three minorities (5.5%) two Blacks (3.6%) and one   Asian/Pacific Islander (1.8%). Included among 50 upperlevel employees were nine women (18%) and two minorities (4%) one Black (2%) and one Asian/Pacific Islander (2%). Thus,  xminorities were in at least six of the 31 applicant and interview pools. Further, the licensee states  xthat it began participating in the Federated Media Minority Intern Program in September 1994  x{and in December 1994 offered permanent fulltime employment to a Black intern from this source, who declined the offer.  X1- ` Bx10.` ` Operation PUSH faults the stations for failing to hire any minorities during the  xyreporting year, March 1, 1995 to February 29, 1996. According to Operation PUSH, this alleged  xdeficiency suggests that the licensee engaged in discrimination. Operation PUSH also criticizes  xthe licensee for its "confused and uninformed" inquiry response and suggests that the Commission  xundertake a site visit to gain more data. Further, it urges the Commission to discount the" 80*%%hh "  xlicensee's recruitment list since it is dated after the conclusion of the license term and thus apparently did not exist until then.  X- ` _x11.` ` Although one of the copies of the licensee's recruitment list is dated August 1996  x(the end of the stations' license term), we note that in its FCC Form 396 dated March 20, 1996,  xthe licensee reported using substantially the same recruitment sources from March 1, 1995 to  x\February 29, 1996, its reporting year. Hence, we will accept the licensee's recruitment list as  x/valid during its license term. With respect to Operation PUSH's contention concerning the  xnumber of minorities hired by the stations during the reporting year, we note that our primary  xzfocus is on the licensee's EEO efforts. Our EEO Rule does not require licensees to employ a  X - xspecific number of minority employees. See Amendment of Part 73 of the Commission's Rules  X - x=Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2  X - xFCC Rcd 3967 (1987). See also Implementation of Commission's Equal Employment  X -Opportunity Rules, 9 FCC Rcd 2047 (1994).  X - ` x12.` ` After reviewing the stations' records, we find no substantial and material questions  X- xof fact sufficient to warrant a hearing. See Astroline. Moreover, we conclude that there is no  x<evidence of employment discrimination. The licensee recruited minorities and included minorities in its applicant and interview pools.  X4- ` ~x 13.` ` While we recognize that the licensee participates in a minority intern broadcast  xtraining program and that the licensee, since September, 1995, has begun to maintain more  xcomplete records, we find the licensee's program efforts during the entirety of its license term  xinadequate. The licensee failed to maintain documentation regarding the minority referrals  xzgenerated by its recruitment sources during most of that term. Further, the stations did not  x\maintain complete applicant and interviewee records for each vacancy. Such information is  xessential for conducting meaningful selfassessment as required by Section 73.2080(c)(5) of our rules.  Xe- ` ~x14.` ` We find that the record in the instant case is similar to the record involving the  XN- x/licensee of stations KDYL(AM)/KSFIFM, Salt Lake City, Utah. See Holiday Broadcasting  X7- xCompany, 10 FCC Rcd 4500 (1995); recon. denied, 11 FCC Rcd 1125 (1996). There, we granted  xjstations KDYL(AM)/KSFIFM fullterm renewal subject to reporting conditions, and issued an  xO$8,000 Notice of Apparent Liability. Stations KDYL(AM)/KSFIFM hired 16 fulltime  xemployees during its review period. The relevant labor force included 7.5% minorities.  xKDYL(AM)/KSFIFM reported that it recruited for 14 of the 16 vacancies, but attracted only one  ximinority applicant. The Commission found that the licensee's shortcomings in attracting qualified  xminority applicants and its failure to keep complete EEO records until the last two years of the license term evidenced inadequate selfassessment as required by the Commission's EEO Rule. "#0*%%hhG""Ԍ X- ` `x15.` ` Stations KDYL(AM)/KSFIFM and WHWD(AM)/WMEEFM/WQHKFM are  xlocated in areas where minorities constitute similar percentages of the local labor force, 7.5% and  x8.1%, respectively. Both licensees made recruitment efforts. The licensee of KDYL(AM)/KSFI xFM recruited for almost 90% of its openings, while the licensee of WHWD(AM)/WMEEFM and  xjWQHKFM recruited for all of its vacancies. Notwithstanding their recruitment efforts, neither  xLlicensee was successful in attracting minorities to a significant percentage of their applicant or  xxinterviewee pools. Although more of the stations' applicant/interviewee pools included minorities  x=than did those of KDYL(AM)/KSFIFM (six and one, respectively), WHWD(AM)/WMEEFM  xand WQHKFM had more hiring opportunities than KDYL(AM)/KSFIFM (31 and 16,  xrespectively). Also, the records of both licensees reveal that they failed to maintain adequate  x EEO records and to conduct meaningful selfassessment of their EEO programs. However,  xWHWD(AM)/WMEEFM and WQHKFM did not maintain any records of minority referrals  x=while KDYL(AM)/KSFIFM reported some referral data. In view of all of the foregoing factors  x[and broadcasters' longstanding familiarity with our EEO Rule, we find that a notice of apparent  xzliability for forfeiture in the amount of $8,000 is warranted, as well as reporting conditions to  xensure that the licensee improves its selfassessment. We do not grant renewal of the licenses at this time because of other pending matters.  Xy-x Đ Xb-0 IV. ORDERING CLAUSES T  X4- ` TPx16.` ` Accordingly, IT IS ORDERED that the National Rainbow Coalition IS  X- xD ISMISSED for lack of standing as a party to the Petition to Deny the renewal applications of  X- Stations WHWD(AM)/WMEEFM and WQHKFM .  X- `  x17.` ` IT IS FURTHER ORDERED that the Petition to Deny filed by Operation PUSH  X- xy concerning the renewal applications of Stations WHWD(AM)/WMEEFM and WQHKFM IS  X-DENIED .  X|- `  x18.` ` IT IS FURTHER ORDERED that Stations WHWD(AM)/WMEEFM and  Xe- xWQHKFM are subject to reporting conditions as described herein and, pursuant to Section 503  XN- xof the Communications Act of 1934, as amended, 47 U.S.C.  503, a NOTICE OF APPARENT  X7-LIABILITY FOR FORFEITURE in the amount of $8,000.  X - ` ~   x19.` ` IT IS FURTHER ORDERED that the licensee submit to the Commission an  x/original and one copy of the following information on April 1, 1998, April 1, 1999, and April 1, 2000:  X!- ` x (a) ` ` For each report, two lists divided by fulltime and parttime job vacancies  ` #x` ` during the 12 months preceding March 1, 1998, for the first report, March 1, 1999,  ` ~x` ` for the second report, and March 1, 2000, for the third report, indicating the job  ` 3x` ` title and FCC job category, date of hire, the race or national origin, sex and the"h$0*%%hh(#"  ` x` ` referral source of each applicant and interviewee for each job and the race or  ` x` ` national origin and sex of the person hired. The lists should also note which  X-x` ` recruitment sources were contacted; s yOK-#C\  P6QP#эxSuch a list might start: 1) News Director: Officials and Managers; Fulltime.  yO-3 Applicants:` `  1 White femalehhA.W.R.T  yOk- x` `  1 Hispanic malehhNational Hispanic Media x` `  hh@Coalition  yO-x` `  1 Black femalehhUrban League  yO -2 Interviewees:` ` 1 White femaleA.W.R.T  yOS - x` `  1 Hispanic malehhNational Hispanic Media x` `  hh@Coalition x` `  Sources contacted Local newspaper, A.W.R.T., National Hispanic Media Coalition and Urban League Selected Hispanic male, National Hispanic Media Coalition, (10/12/97)   X- ` x(b) ` ` A list of employees as of the March 1, 1998, payroll period for the first  ` x` ` report, a list of employees as of the March 1, 1999, payroll period for the second  ` Px` ` report, and a list of employees as of the March 1, 2000, payroll period for the third  X_- ` `x` ` report, by job title and FCC job category indicating fulltime or parttime status  ` 2x` ` (ranked from the highest paid classification), date of hire, sex and race or national x` ` origin; and  X - ` n x(c)` ` Details concerning the stations' efforts to recruit minorities for each position filled  ` XxX` ` during the 12month periods specified, including identification of sources used and  ` `indicating whether any of the applicants declined actual offers of employment.  ` }In addition, the licensee may submit any information it believes relevant regarding the stations' EEO performance and their efforts thereunder.(#`   Xy- ` o x20. ` ` IT IS FURTHER ORDERED that copies of this Memorandum Opinion and  Xb- xjOrder be sent by Certified Mail Return Receipt Requested to the licensee, Operation PUSH  XK-and the National Rainbow Coalition.  X- `  x21. ` ` The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch, Enforcement Division. "H 0*%%hhU"  X- ` x22.` ` With respect to the forfeiture proceeding, the licensee may take any of the actions  xset forth in Section 1.80 of the Commission's Rules, 47 C.F.R.  1.80, as summarized in the  X- x.attachment to this Memorandum Opinion and Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment.  Xv-x` `   FEDERAL COMMUNICATIONS COMMISSION x x` `  William F. Caton  X -x` `  Acting Secretary