******************************************************** 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 Application of ) ) Valley Communications, Inc. ) File No. BR-960731L4 ) For Renewal of License for ) Station WFXW(AM) ) Geneva, Illinois ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: February 3, 1998 Released: February 4, 1998 By the Commission: I. INTRODUCTION 1. The Commission has before it for consideration: (i) the license renewal application for Station WFXW(AM), Geneva, Illinois; (ii) a Petition to Deny timely filed on November 1, 1996, by the Rainbow-PUSH Action Network, now known as the Rainbow-PUSH Coalition ("Rainbow"); (iii) the licensee's opposition to the petition; (iv) Rainbow's reply to the licensee's opposition; (v) the licensee's responses to two staff letters of inquiry; and (vi) the licensee's "supplement" to its first inquiry response. 2. Rainbow alleges that WFXW(AM) has violated our Equal Employment Opportunity ("EEO") Rule and policies. It initially requested that we conduct an investigation of the station's employment practices pursuant to Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978), and designate the renewal application for hearing. However, in its reply to the licensee's opposition, Rainbow states that it was previously unaware of the impending sale of WFXW(AM) and avers that it does not wish to impede the sale. Rainbow also concludes that while WFXW(AM)'s hiring record was not exemplary, it has made more than passive efforts. Rainbow therefore asserts that the license renewal should be granted immediately subject to reporting conditions passing to the assignee and an admonishment. II. BACK GROUND 3. In challenging an application pursuant to Section 309(d) of the Communications Act of 1934, a petitioner must, as a threshold matter, submit specific allegations of fact sufficient to show that a grant of the application would be prima facie inconsistent with the public interest. 47 U.S.C.  309(d)(1); Astroline Communications Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) ("Astroline"). The allegations in the petition, except for those of which official notice may be taken, must be supported by the affidavit of a person with personal knowledge of the facts alleged. 47 U.S.C.  309(d)(1). 4. Rainbow's petition is supported by a declaration from a Rainbow member who affirms that he is a regular listener of WFXW(AM) and resides in the station's service area. The allegations in Rainbow's petition are premised on the licensee's EEO program and annual employment reports. As a threshold matter, we found that these allegations made a prima facie showing that grant of WFXW(AM)'s renewal application would not serve the public interest. 47 U.S.C.  309(d)(1); Astroline. III. DIS CUSSION 5. 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 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 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 Section 73.2080(a), (b), and (c) of the Commission's Rules, 47 C.F.R.  73.2080(a), (b), and (c). Before discussing WFXW(AM)'s EEO record, we first address the licensee's time brokerage agreement with the proposed assignee of the station and the licensee's request that we use alternative labor force data in evaluating its EEO performance. A. Time Brokerage Agreement 6. In its opposition to the petition to deny, the licensee reports that on February 13, 1996, it entered into a time brokerage agreement with CCC Communications, Inc., the proposed assignee of WFXW(AM)'s license. Pursuant to this agreement, the proposed assignee was to serve as the station's broker and provide the bulk of the station's programming. In addition, it was anticipated at the time the agreement was signed that the broker would be primarily responsible for hiring and that most of the station's staff would be employed by the broker. However, the licensee states that all of the station's employees remained on the licensee's payroll due to delays in the assignee/broker's financing. In fact, the licensee indicates that the time brokerage agreement was eventually terminated due to lack of payment pursuant to the agreement. 7. The licensee notes in its opposition that on April 5, 1996, the broker hired a White male announcer to work at WFXW(AM). Although this announcer was on the licensee's payroll, the licensee states that he was originally intended to be the employee of the broker and that the broker was primarily responsible for his hiring. The licensee further states that it was not actively involved in the recruitment process with respect to this hire. The licensee's first inquiry response indicates that the broker also hired a Black male sales manager on February 2, 1996, and a White female marketing associate on April 5, 1996. As in the case of the announcer, the record reflects that the broker was primarily responsible for the hiring of these employees and that the licensee was not actively involved in the recruitment process. 8. While the licensee reported these three hires in its 1996 EEO Program Report and seeks credit for the recruitment and hiring of the Black sales manager, we do not believe that any of the positions filled by the broker should be considered in reviewing the licensee's EEO record. The individuals hired to fill these positions were intended to be employees of the broker, and the broker was primarily responsible for hiring them. Under these circumstances, we conclude that it would not be appropriate to consider the positions filled by the broker in reviewing the licensee's EEO performance. This conclusion is consistent with Interpretive Ruling Concerning FCC Form 395-B, Broadcast Annual Employment Report, 9 FCC Rcd 2535 (MMB 1994) ("Interpretive Ruling"). In Interpretive Ruling, the Mass Media Bureau clarified that the licensee of a brokered station generally should not report employees of either a licensee-broker or a non-licensee broker on its Annual Employment Reports because such employees are employed by, or under the control of, the broker. Id. at 2535-36. 9. In any event, our EEO Rule does not require licensees to hire or employ a minimum percentage of minority employees. Rather, our primary focus in analyzing a licensee's EEO performance is on the licensee's recruitment and self-assessment efforts. See Channel 5 Public Broadcasting, Inc., 10 FCC Rcd 10388, 10389 (1995); Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC Rcd 3967, 3974 (1987) ("Broadcast EEO"). B. Alternative Labor Force Data 10. The licensee contends that the EEO performance of WFXW(AM) should be evaluated using labor force statistics for Kane County, Illinois, where the station is located. Until 1992, Kane County was included in the Aurora-Elgin, Illinois Metropolitan Statistical Area ("MSA"). In 1992, the Aurora-Elgin MSA was incorporated into the Chicago, Illinois MSA by the Office of Management and Budget pursuant to its Revised Standards for Defining Metropolitan Areas in the 1990's, 55 Fed. Reg. 12154 (March 30, 1990). According to 1990 Census data, Kane County has a labor force that is 18.7% minority, and the Chicago MSA has a labor force that is 29.3% minority. 11. The licensee asserts that it is committed to seeking out minority employees, but avers that it has been hampered in its efforts by the distance and the difficulty of the commute to the station from areas with a high minority population. The licensee explains that WFXW(AM) is located approximately 37 miles from downtown Chicago, 11 miles from Aurora, and seven miles from Elgin. Anyone wishing to commute to the station from Chicago by public transportation, it says, would be faced with almost a two hour trip using bus, rail and taxi. In addition, the licensee claims that a prior owner made efforts to recruit employees in Chicago but was unsuccessful. Moreover, while the licensee concedes that there is some bus service from Aurora, it observes that the closest bus stop to the station is about one mile away. 12. The licensee also notes that none of WFXW(AM)'s current employees commute from Chicago. Further, the licensee contends that it has been its experience that the lengthy commute from Chicago can create difficulties with the performance of an employee's duties. Specifically, the licensee states that from February 5, 1996, to August 5, 1996, WFXW(AM) employed a Black sales manager who commuted to the station from a suburb to the north of Chicago. As this employee was faced with an approximately two hour commute, the licensee states, he attempted to time his arrival and departure at the station so that he arrived after the morning rush hour and left prior to the evening rush hour. The licensee asserts that the limited number of hours remaining for work adversely affected the employee's performance and was one of the reasons for his termination. The licensee made no showing regarding efforts to recruit employees from Chicago. 13. As its initial frame of reference in analyzing a station's EEO efforts, the Commission uses the labor force statistics for the MSA in which the station is located or, when the station is not located within an MSA, for the county in which the station is located. Michigan/Ohio, 3 FCC Rcd 6944, 6945 (1988). Here, WFXW(AM) was located in the Aurora-Elgin MSA until 1992, when the Aurora-Elgin MSA was incorporated into the Chicago MSA. Accordingly, the EEO record of WFXW(AM) is appropriately reviewed by reference to labor force statistics for the Aurora-Elgin MSA for the first three years 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. 14. In certain circumstances, we permit licensees to use alternative labor force data if they can demonstrate that the MSA or county data would not accurately reflect the available labor force. The standard for use of an alternative labor force is a three-part test: (1) the distance of the station from the areas with significant minority population is great; (2) commuting from those areas to the station is difficult (such difficulties may be based on distance but may also be based on other factors such as lack of public transportation); and (3) recruitment efforts directed at the MSA or county minority labor force have been fruitless. Broadcast EEO, 2 FCC Rcd at 3973; Buckley Broadcasting Corp., 9 FCC Rcd 2099, 2101 (1994). The burden is on the licensee to justify use of alternative labor force data. Broadcast EEO, 2 FCC Rcd at 3973. 15. We find that the licensee of WFXW(AM) has failed to justify use of Kane County labor force data. While the licensee did address potential commuting difficulties between the station's location and downtown Chicago (a distance of approximately 37 miles), it failed to demonstrate that it made fruitless recruitment efforts directed at Chicago's minority labor force. To satisfy the alternative labor force criterion concerning recruitment efforts, we have stated that a licensee must show that "despite extensive recruitment involving use of minority referral sources, it was unable to obtain qualified applicants from areas of minority concentration in the MSA." National Capital Christian Broadcasting, Inc., 3 FCC Rcd 1919, 1920 (1988). As will be discussed more fully below, the record shows that the licensee did not actively recruit for four of nine vacancies. Further, for those vacancies for which it did recruit, the licensee did not attempt to recruit using sources which are located in the Chicago area or directed at Chicago's minority labor force. Rather, the licensee simply relies on its undocumented claim that a prior owner of the station unsuccessfully attempted to recruit employees in Chicago. This is insufficient to warrant use of alternative labor force data. Moreover, to the extent that the licensee argues that its minority recruitment efforts have been hampered by the distance and difficulty of commuting to the station from Aurora and Elgin, other areas of minority concentration in the MSA, we do not believe that the distance to the station from Aurora and Elgin (11 miles and seven miles, respectively) is sufficient to justify use of alternative labor force data. In any event, the licensee has failed to show that it made efforts to attract qualified minority applicants from Aurora and Elgin or that commuting from these areas is difficult. Accordingly, the licensee has not provided an adequate and reasoned basis for reliance upon an alternative labor force. C. EEO Performance of WFXW(AM) 16. In its first inquiry response, the licensee reports that WFXW(AM) filled ten full-time vacancies (all upper-level) between December 1, 1993, and December 1, 1996, seven before February 1, 1996, and three between February 1, 1996 and December 1, 1996. In sworn affidavits included with this inquiry response, WFXW(AM)'s former and current station managers state that records on recruitment sources, referrals obtained from the sources, and applicant and interviewee flow data were maintained, but were destroyed by flooding. Specifically, the affidavits indicate that in early February 1996, the files containing all of the station's recruitment and applicant data were placed in a cardboard box and stored on the floor of the basement, where they remained until the box was destroyed by flooding which occurred on July 17-18, 1996. However, the licensee does provide some recruitment information which is based on the station's payroll records and the personal knowledge of various current and former station employees. This information indicates that no recruitment occurred for three of the seven full- time vacancies filled prior to February 1996 -- a sales vacancy filled in April 1994, an announcer vacancy filled in September 1994, and an announcer vacancy filled in December 1994. With respect to these three vacancies, the licensee explicitly states, based on information supplied orally by the former station manager, "position not advertised." The hirees for these three vacancies are listed as walk-in applicants or employee referrals. Regarding the four vacancies filled prior to February 1996 for which it recruited, the licensee reports that two of the hirees were referred by a local newspaper, one was referred by an employment agency, and one was a walk-in applicant. 17. The licensee's first inquiry response also shows that no recruitment occurred for any of the three full-time vacancies which it filled after February 1996. The licensee explicitly states "position not advertised" with respect to two sales vacancies filled in March 1996. The licensee identifies the hirees for these two vacancies as walk-in applicants. The third vacancy was filled on September 5, 1996, nearly two months after the flooding which destroyed the licensee's recruitment records. The licensee reports that the hiree for this vacancy was a walk-in inquiry during the Spring of 1996 but was not hired then because there were no openings at that time; the licensee says that when this applicant called back in September 1996, a position was available and the applicant was hired. Thus, it appears that no recruitment occurred for this vacancy either. The licensee's first inquiry response indicates that six females and no minorities were among the ten full-time hires during the period under review. 18. The licensee's supplement to its first inquiry response, which was submitted two months after the first inquiry response, consists of a declaration of Donald Oberbillig, the station manager at WFXW(AM) from 1988 until January 1996. In his declaration, Oberbillig states that "[d]uring the time that I was Station Manager, it was my standard practice to recruit for all job openings" and that "I saw to it that all sales openings were advertised" in the Kane County Chronicle and in the Beacon News." For non-sales openings, Oberbillig states that "I always contacted the following sources: Columbia School of Broadcasting, Northern Illinois University, and Frank's Employment." However, Oberbillig concedes that "none of these sources were very productive in terms of attracting qualified minority applicants." Oberbillig asserts that he maintained applicant and referral information to assist him in determining the productivity of particular recruitment sources and that he periodically reviewed this information to determine how the station was performing in recruiting minority and female applicants. He also asserts that he considered what recruitment sources should be added or deleted in order to produce a more diverse applicant pool. 19. The staff sought clarification of matters included in the licensee's supplement. In its second inquiry response, which includes an affidavit from Oberbillig, the licensee explains that Oberbillig's declaration was submitted based upon its counsel's review of recent Commission decisions in the area of equal employment opportunity and its counsel's conclusion that it might prove helpful to the Commission if more details concerning Oberbillig's recruitment activities could be provided. Although Oberbillig had previously indicated that the information already provided was his best recollection, "it was hoped that by asking the questions in a slightly different way, he might be able to remember more." The licensee states that while Oberbillig's declaration appears to be inconsistent with its first inquiry response, which indicated that no recruitment occurred for three full-time vacancies filled prior to February 1996, "the change came about because Oberbillig had his recollection refreshed." With respect to the sales vacancy filled in April 1994, Oberbillig avers in his affidavit that he now recalls that the station went through its standard recruitment process when filling this vacancy. With respect to the announcer position filled in September 1994, Oberbillig states that he did not consider the hire to be for an "opening" because the job was created for a walk-in applicant "whose credentials appeared good." He adds that "[i]t was my decision that to use the various resources to solicit applications might cause us to lose this talented lady, and that we could probably not find a candidate that offered the potential of the applicant hired." Thus, the licensee asserts that there is no inconsistency between the statement in its first inquiry response that no recruitment was done for this position and the statement in Oberbillig's declaration, submitted with the supplement, that recruitment was conducted for all openings. Furthermore, the licensee notes that while there was no specific recruitment for this position, the station had a continuing solicitation through Columbia School of Broadcasting, Northern Illinois University, and Frank's Employment. Oberbillig states that the announcer vacancy filled in December 1994 was filled by an employee referral who was encouraged to apply for a position before one opened up and then was hired when one did open up "on an emergency basis." Again, the licensee notes that while no specific recruitment occurred for this position, the station was making ongoing recruitment efforts with Columbia School of Broadcasting, Northern Illinois University, and Frank's Employment. Oberbillig also states that this was a part-time, rather than full-time, position. The licensee provides no explanation as to why it previously reported this position as a full-time position. 20. Regarding self-assessment, Oberbillig claims that he "would, at least monthly, assess what our employment needs might be so that we could begin the solicitation process far in advance of employees leaving." In addition, Oberbillig asserts that as a result of self-assessment, he would have requests for sales people and other employees running continually at Columbia School for Broadcasting, Northern Illinois University, and Frank's Employment. 21. Rainbow alleges in its petition to deny that WFXW(AM) "is one of a handful of stations of any size in the United States, located in a market with a sizeable minority population, which reported no minority employment in any capacity -- even parttime -- throughout the license term." Further, Rainbow asserts that WFXW(AM)'s EEO program was "ineffective to the point of neutrality." In support of this assertion, Rainbow observes that no minority organizations, or even nonminority sources likely to refer minority employees, are listed in the licensee's EEO Program Report as recruitment sources used during the reporting year. Rainbow also observes that the recruitment sources listed in the licensee's EEO Program Report generated only four minority referrals during the reporting year. 22. In its opposition, the licensee disputes Rainbow's assertions that it has employed no minorities during the license term and has used no recruitment sources likely to attract minority applicants. The licensee points out that it employed a Black male as a part-time announcer from 1993 to April 1994, and an Hispanic male as a part-time announcer from July 1994 to December 1994. Moreover, the licensee maintains that it has made efforts to reach out to members of minority groups who might be qualified applicants. Specifically, the licensee asserts that it has been its standard practice to advertise sales positions at WFXW(AM) in the Kane County Chronicle, a Geneva newspaper, and The Beacon-News, an Aurora newspaper, which was chosen specifically because of the town's significant minority population. Additionally, the licensee states that it recruited for sales openings by posting notices at Northern Illinois University and Elgin Community College, airing advertisements on WFXW(AM), and encouraging employee referrals. For one full-time announcer vacancy filled in September 1994, the licensee indicates that it did not actively recruit, but rather "relied upon resumes already on hand, referrals from current employees, and word of mouth to find the right person." Unfortunately, the licensee says, records of the precise number of referrals received from each recruitment source it utilized are not available because the file containing the records cannot be located at the station. According to the licensee, the records must have been among those destroyed as a result of flooding in the area around Geneva. The licensee states that it is also possible that the records may have been inadvertently discarded when WFXW(AM)'s former station manager stepped down in January 1996 in anticipation of the assignment and the time brokerage agreement. 23. In its reply to the licensee's opposition, Rainbow acknowledges that WFXW(AM) has hired minorities. However, Rainbow points out that the licensee cannot reconstruct its recruitment efforts beyond the bare information contained in the renewal application. In Rainbow's opinion, those efforts appear to be sparse and haphazard. Rainbow notes, in this regard, that the opposition does not maintain that recruitment occurred for each position or that minorities regularly applied for job openings. Normally, Rainbow says, such an EEO record would lead to reporting conditions or a forfeiture. Nevertheless, so as not to impede the sale of the station, Rainbow states that WFXW(AM)'s license renewal should be granted immediately with reporting conditions passing to the assignee and an admonishment for the poor security afforded for the station's EEO records. 24. Having reviewed all matters presented, we conclude that there are no substantial and material questions of fact warranting designation for hearing and that grant of the application would be consistent with Section 309(k) of the Communications Act of 1934, as amended, 47 U.S.C.  309(k). Further, we find no evidence of employment discrimination. The licensee contacted recruitment sources including women's organizations, and hired minorities and females. Therefore, because the licensee is otherwise qualified, renewal of the license for WFXW(AM) is in the public interest. 47 U.S.C.  309(d)(2); Astroline. 25. Nevertheless, we find the licensee's overall recruitment efforts to be deficient. Our review indicates that the station failed to recruit actively for four (44.4%) of nine full-time vacancies in violation of Section 73.2080(c)(2) of the Commission's Rules. Specifically, no recruitment occurred for the three full-time vacancies filled after February 1996. In addition, no specific recruitment was conducted for the full-time announcer vacancy filled in September 1994. The fact that the licensee did not believe that it could find a candidate that offered the potential of the applicant hired using its recruitment sources did not relieve the licensee of its obligation to recruit minorities and females for this position. Our EEO Rule requires that licensees recruit minority and female applicants whenever vacancies occur. See 47 C.F.R.  73.2080(c). Moreover, general notifications unrelated to particular job openings are not a substitute for recruitment contacts with sources designed to elicit minority and female applicants as each vacancy occurs. See KTEH-TV Foundation, 11 FCC Rcd 2994, 2997 (1996). This is particularly true where, as here, the sources receiving the general notifications have been largely unproductive in eliciting qualified minority applicants. 26. The recruitment records for the remainder of WFXW(AM)'s vacancies are not available due to flooding in the region surrounding the station or may have been inadvertently discarded. While we do not penalize the licensee for records lost under circumstances beyond its control, we cannot assume based on the facts of this case that the unavailable records would show that the licensee engaged in thorough and meaningful self-assessment of its recruitment efforts. Cf. Downs Satellite Broadcasting of South Carolina, Inc., FCC 96-398 (released October 10, 1996). Based on the data that is available, it appears that the licensee did not adequately assess its EEO efforts. In particular, we note that none of the recruitment sources listed in the licensee's EEO Program Report or opposition are minority-specific sources, even though the licensee admittedly encountered difficulty in attracting qualified minority applicants. See South Carolina Renewals, 5 FCC Rcd 1704, 1709 n.8 (1990) (stating that questions will be raised concerning the extent to which a licensee has engaged in adequate efforts to obtain minority applicants where the licensee does not obtain meaningful results from general sources and has not contacted minority-specific sources). Further, it appears that no self-assessment efforts were made after February 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. 27. We believe that the record in this case is similar to, but less egregious than, that of the licensee of WCMS/WCMS-FM, Norfolk, Virginia, in WCMS Radio Norfolk, Inc., 11 FCC Rcd 11081 (1996). In that case, the licensee failed to recruit for seven (70%) of its ten vacancies. In addition, minorities were absent from a significant number of applicant and interview pools. Despite its lack of success in recruiting minorities, there was no evidence that the licensee conducted meaningful self- assessment of its EEO program. Moreover, the licensee failed to maintain applicant flow data to analyze the composition of its applicant pools and the usefulness of its recruitment sources. We renewed the licenses for WCMS/WCMS-FM subject to reporting conditions and issued a Notice of Apparent Liability for $14,000. 28. Both WFXW(AM) and WCMS/WCMS-FM are located in areas with substantial minority labor forces (29.3% and 30.4%, respectively). Both licensees also failed to recruit for a significant percentage of their vacancies. Additionally, in both cases, the licensees apparently failed to adequately self-assess their EEO efforts, despite the difficulties they encountered in attracting qualified minority applicants. On balance, we find that the record of WFXW(AM) is less egregious than that of WCMS/WCMS-FM because WFXW(AM) recruited for a higher percentage of its vacancies and had a smaller staff. Given the facts of this case and broadcasters' familiarity with our long-standing EEO Rule, we conclude that a $11,000 forfeiture is justified. Further, we impose reporting conditions to monitor the station's prospective EEO performance. Accordingly, we will grant renewal subject to reporting conditions and issue a Notice of Apparent Liability for $11,000. IV. ORDERING CLAUSES 29. Accordingly, IT IS ORDERED that the Petition to Deny filed by Rainbow concerning the license renewal application for Station WFXW(AM) IS DENIED. 30. IT IS FURTHER ORDERED that the license renewal application filed by Valley Communications, Inc. for Station WFXW(AM) IS 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 $11,000. 31. IT IS FURTHER ORDERED that the licensee of Station WFXW(AM) submit to the Commission an original and one copy of the following information on August 1, 1999, August 1, 2000, and August 1, 2001: (a) Two lists divided by full-time and part-time vacancies during the 12 months 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 the person hired. These lists should also note which recruitment sources were contacted; (b) A list of employees as of the July 1, 1999, payroll period for the first report, July 1, 2000, payroll period for the second report, and July 1, 2001, 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 station's efforts to recruit minorities and women for each position filled during the 12 months preceding July 1, 1999, for the first report, July 1, 2000, for the second report, and July 1, 2001, 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 with regard to the station's EEO performance and efforts thereunder. 32. IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- copies of this Memorandum Opinion and Order and Notice of Apparent Liability to Rainbow and Valley Communications, Inc. 33. The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. 34. Regarding the forfeiture proceeding, the licensee of Station WFXW(AM) 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