FCC 94-104 Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) ) Midland Broadcasters, Inc. ) File Nos. BR-900131UV ) BRH-900131UT ) For Renewal of Licenses of ) Stations KMAJ(AM)/KMAJ-FM ) Topeka, Kansas ) ) ) Omaha Great Empire Broadcasting, Inc. ) File Nos. BR-900125UV ) BRH-900125UW ) For Renewal of Licenses of ) Stations WOW(AM)/WOW-FM ) Omaha, Nebraska ) ) ) Stauffer Communications, Inc. ) File Nos. BR-900201F6 ) BRH-900201UG ) For Renewal of Licenses of ) Stations WIBW(AM)/WIBW-FM ) Topeka, Kansas ) ) ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: April 20, 1994 ; Released: April 28, 1994 By the Commission: Commissioner Quello concurring and issuing a statement. I. INTRODUCTION 1. The Commission has before it for consideration: (i) license renewal applications for the six captioned radio stations in Kansas and Nebraska; (ii) a Petition to Deny timely filed on May 1, 1990, by State Conferences of Branches of the National Association for the Advancement of Colored People (NAACP) in Kansas and Nebraska and various local NAACP branches against the above renewal applications; (iii) oppositions from the licensees; and (iv) the licensees' responses to staff letters of inquiry. The NAACP alleges that the above stations violated the Commission's equal employment opportunity (EEO) Rule and policies. The NAACP requests that the Commission designate the licensees' renewal applications for hearing and deny the applications. II. BACKGROUND 2. In challenging an application pursuant to Section 309(d) of the Communications Act, a petitioner must demonstrate party in interest status. In addition, 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, convenience, and necessity]." 47 U.S.C. Section 309(d)(1); Astroline Com. Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) (Astroline); Application of Dubuque T.V. Limited Partnership and Sage Broadcasting Corporation of Dubuque, Iowa for Assignment of Television License for KDUB-TV, Dubuque, Iowa, 4 FCC Rcd 1999 (1989). The allegations, 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. Section 309(d)(1). 3. The licensee of WOW(AM)/WOW-FM, Omaha, Nebraska argues that the NAACP should be classified as an informal objector instead of as a petitioner because no one claiming residence in its service area filed an affidavit in support of the petition to deny. However, a declaration under penalty of perjury from the president of the Omaha, Nebraska branch of the NAACP, who claims to be a listener of WOW(AM)/WOW-FM, was filed on the same day as the petition to deny. We find that the declaration meets the requirements for establishing standing for the NAACP for the Omaha stations. See American Legal Foundation v. FCC, 808 F.2d 84 (D.C. Cir. 1987). Therefore, the challenge filed by the NAACP constitutes a valid petition to deny against the two listed stations in Omaha. 4. The licensee of KMAJ(AM)/KMAJ-FM, Topeka, Kansas, argues that the petition against it should be dismissed because the declaration under penalty of perjury filed in support of the petition against KMAJ(AM)/KMAJ-FM was filed late and failed to allege personal knowledge of its case. The licensee of WIBW(AM)/WIBW-FM, Topeka, Kansas, argues that the NAACP cannot be classified as a petitioner, but can be considered an informal objector because the petition failed to include a supporting affidavit from someone claiming residence in its service area. We note that, while the petition was timely filed on May 1, 1991, the declaration under penalty of perjury submitted by the NAACP in support of its challenges against the Topeka stations was filed in a supplement on May 23, 1991 -- three weeks after the deadline. The NAACP states that the declaration, which was from the Topeka NAACP branch president, was filed late because the Topeka branch of the NAACP needed time to review its files and consider the EEO performance of the Topeka stations. It argues that the Commission should consider the declaration since it was filed prior to the deadline for oppositions to the petition and no party would be harmed. In addition, the president of the Topeka branch did not claim to live in the service areas of any of the four stations petitioned in Topeka or to listen to any of the Topeka stations. 5. The Commission has previously ruled that these same arguments in support of untimely filings did not constitute good cause for the untimeliness. See Applications of Certain Broadcast Stations Serving Communities in the States of Michigan and Ohio, 3 FCC Rcd 6944, 6944 (1988) (citing Florida Broadcast Renewals, 3 FCC Rcd 1923 (1988)). Accordingly, we will treat the NAACP as an informal objector against the four Topeka stations because the declaration was untimely filed without justifiable cause and fails to show that the challenger is a listener or resident within the station's service area. 47 C.F.R. Section 73.3584(b); see also Application of KDEN Broadcasting Co. for Renewal of License of Station KDEN, Denver, Colorado, 55 Rad.Reg. 2d (P&F) 1311, 1311-1312 (1984). III. PLEADINGS 6. The NAACP derived its factual allegations from the licensees' EEO programs and annual employment reports. Review of their allegations led us to conclude that the NAACP presented a prima facie case demonstrating that, as to all six stations, unconditional grant of the renewal applications would have been inconsistent with the public interest. Section 309(d)(1) of the Communications Act, 47 U.S.C. Section 309(d)(1). Astroline, supra. Further inquiry was, therefore, necessary. See Beaumont Branch of the NAACP and the National Black Media Coalition v. FCC, 854 F.2d 501, 506 (D.C. Cir. 1988) (Beaumont); Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978) (Bilingual). 7. Review of the NAACP's allegations and supporting documentation as well as each licensee's renewal applications, oppositions and inquiry responses leads us to conclude that there are no substantial and material questions of fact warranting designation for hearing. In addition, we find no evidence that any licensee engaged in discrimination. Thus, grant of each application will serve the public interest. 47 U.S.C. Section 309(d)(2). Astroline, supra. Accordingly, we will grant renewal but with remedies and sanctions as noted, infra. IV. DISCUSSION 8. Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from employment discrimination and establish and maintain an affirmative action program reflecting positive and continuing efforts to recruit, employ and promote qualified women and minorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts to recruit, employ 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 pool. The Commission also focuses on any evidence of discrimination by the licensee. See Sections 73.2080 (b) and (c) of the Commission's Rules, 47 C.F.R. Sections 73.2080 (b) and (c). 9. When a renewal application indicates an absence of discrimination and a record of adequate EEO efforts, the application is granted, if otherwise appropriate. When it fails to evidence a record of adequate EEO efforts, the Commission may impose a variety of sanctions or remedies, such as reporting conditions, renewal for less than a full term, forfeiture, or a combination thereof. Further, the Commission will designate the application for hearing if the facts so warrant. Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC Rcd 3967 (1987) (hereinafter Broadcast EEO), petition for reconsideration pending; see also 4 FCC Rcd 1715 (1989) (request for clarification by National Association of Broadcasters) (hereinafter Clarification of Broadcast EEO). See e.g., Beaumont, supra; Bilingual, supra. KMAJ(AM)/KMAJ-FM, Topeka, Kansas 10. A review of the licensee's 1990 EEO Program Report, response to the petition to deny and response to our letter of inquiry reveals that KMAJ(AM)/KMAJ-FM had 11 overall (9 upper-level) full-time hiring opportunities from July 28, 1987, through June 1, 1990. The licensee used the following general recruitment sources for all 11 openings and reported minority referrals as follows: Topeka Capital-Journal (3), Topeka Job Service Council (1), Washburn University (0), Everywoman's Resource Center (0) and employee referrals (2). It did not report minority referrals from any other sources. However, it contacted the Topeka Job Security Center for 11 openings and, starting near the end of the term in May 1990, used the following general sources: American Career College Placement Service, Kansas University, Kansas State University, various employment agencies and Topeka Technical College. It used the Coordinating Committee of Black Community, a minority source, for all openings, and used El Centro Servicios Para Hispanics, The League of United Latin American Citizens and the NAACP, all additional minority sources, for recruitment starting in May 1990. 11. The licensee reported complete applicant flow data for only one of the 11 positions filled. It received 36 applications and interviewed 22 applicants (no minorities) for that position. Of the 11 hires, none were minorities. All hires resulted from referrals from the Topeka Capital-Journal. The licensee explained that its recruitment records are incomplete because the employee responsible for maintaining the records destroyed them as part of an apparent plan to destroy evidence of his activities at the stations. The employee was terminated on March 6, 1990, immediately after admitting that he embezzled station funds, a crime for which he was later convicted. 12. The NAACP asserts that the licensee's recruitment sources include only one minority organization and that all sources combined produced few minority referrals. It criticizes the licensee for employing what it terms as a "token" number of minorities during the license term and asserts that the licensee has no plans to implement a meaningful EEO program. 13. The licensee asserts that it has recruited minorities through a variety of sources, including minority sources, for every opening during the license term. Although the licensee has not employed any Black employees full-time since 1986, it states that it employed a Black part-time announcer from November 30, 1989, to June 7, 1990, and offered to change her position to full-time. She declined the offer because of her other job, which later transferred her to another state. The licensee acknowledged that it has had difficulty attracting Black applicants but denies the NAACP's assertion that it does not intend to implement a meaningful EEO program. In October 1989, the licensee joined with other Topeka stations to sponsor a broadcast seminar for minorities and females held at Washburn University which attracted 17 people, including eight minorities, to consider broadcasting careers. The licensee plans to make this an annual event. In addition, in May 1990, the licensee added three minority and four general sources as well as several employment agencies to its list of sources to contact for openings. 14. After reviewing the record, we find no substantial and material question of fact sufficient to warrant a hearing. See Astroline, supra. In addition, we find no evidence indicating that the licensee engaged in discrimination. 15. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (seven) of its 11 full-time positions. Although applicant/interview pool data were missing, the licensee admitted that it received few minority referrals or applicants. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee used one minority source for all vacancies and it was unproductive. Also, it obtained only six minority referrals and failed to modify its program until one month before the license term expired. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, FCC# 94-27 (Released February 1, 1994). 16. Furthermore, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $18,750 and renew the licenses subject to reporting conditions. WOW(AM)/WOW-FM, Omaha, Nebraska 17. A review of the licensee's 1990 EEO Program Report, opposition and responses to our letters of inquiry reveals that the licensee had 53 overall and 41 upper-level full-time hiring opportunities from March 31, 1986, through May 31, 1990. The licensee was able to provide recruitment data for only 25 of its 53 full-time hires. The data reveal that it recruited from multiple sources for 23 openings and that it received minority referrals from general sources as follows: Omaha World Herald (3), Nebraska Job Service (3), and employee referrals (1). It also contacted 14 general and female-specific sources for 10 or more openings and five general sources for six or fewer openings, but received no minority referrals. The licensee contacted the Omaha World Herald for 20 openings, the Nebraska Job Service for 23 openings, and the Iowa Job Service for 19 openings. The Urban League, the only minority source to produce referrals, was contacted for 21 openings and made three minority referrals. The licensee also contacted the Omaha Star, a Black newspaper, for 18 openings and seven minority sources for 10 openings. The interview records that the licensee did maintain reveal that it interviewed at least 117 applicants, at least 12 of whom (10.3%) were minorities (eight Blacks, three American Indians and one Hispanic). The available information on applicant/ interview pools reveal that minorities were present in nine pools (two upper-level). The referral source of one Black interviewee is unknown by the licensee. Two of its 53 hires were minorities -- a Black clerical employee and an Hispanic sales worker. The Hispanic hired was a former employee of the station. In addition, the licensee offered full-time jobs in its traffic department to two Black applicants who declined the offers. 18. The NAACP asserts that the licensee hired so few minorities from its minority referrals that it discriminated against minorities. It notes that the licensee reported receiving 10 minority referrals in the renewal year for full- and part-time openings and only hired one minority for a full-time position. In addition, the NAACP asserts that the EEO record of the stations became "abysmal" as soon as the licensee took control of the stations after the 1983 reporting year. Finally, the NAACP criticized the licensee for employing no minorities on a part- time basis. 19. In defense of its record, the licensee denies that it has discriminated, noting that it has recruited from a number of general and minority sources for most openings as well as self- assessed its EEO program. The licensee states that its self- assessment has included meetings in June 1987 with a top official of the state EEO Commission, and with the head of the Omaha Urban League in July 1989 as well as a subsequent meeting with an Urban League recruiter to encourage more referrals. Furthermore, following self-assessment in September 1989, the licensee states that it created the position of EEO Compliance Officer and added 16 new general and seven new minority sources to its contact list used for most openings. The licensee states that it has engaged in self-assessment and taken steps to improve its EEO efforts because it is aware that it has not received large numbers of minority referrals. It notes, however, that it has had minority referrals, applicants, interviewees and hires. As to the NAACP's argument that the station's EEO performance suffered after the licensee assumed control, the licensee asserts that the allegation is without merit because it is based solely on the loss of one minority employee after 1983. Finally, as to the NAACP's charge of not employing Black part-time employees, the licensee notes that it employed three Blacks in part-time jobs during the term, including one Black announcer starting in 1986. 20. In view of the foregoing, we find no substantial and material question of fact warranting a hearing. See Astroline, supra. We find no evidence indicating that the licensee engaged in discrimination. In this regard, we note that the licensee received some minority referrals and applicants, and interviewed and hired minorities during the license term. 21. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (35) of its 53 full-time positions. Only 17% (nine) of the 53 overall applicant/interview pools and 5% (two) of the 41 upper-level applicant/interview pools contained minorities. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee failed to use minority sources for 32 vacancies. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. 22. Further, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. Similarly, the combination of the above and and its large number of hiring opportunities (53) warrants a further $6,250 upward adjustment, for a total forfeiture of $25,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $25,000, renew the licenses for a short term, and impose reporting conditions. WIBW(AM)/WIBW-FM, Topeka, Kansas 23. A review of the licensee's 1990 EEO Program Report, opposition and responses to our letters of inquiry reveals that the licensee had 22 overall full-time hiring opportunities, 21 for upper-level positions, from February 1, 1986, through May 31, 1990. The licensee reported that it used general recruitment sources from which it received minority referrals as follows: Topeka Capital-Journal (4), Radio and Television News Directors Association Newsletter (2), referrals from community members (2) and Radio & Records (1). The licensee reported using the following general sources, for seven to 12 openings, from which it received no minority referrals: Voluntary Action Center, Kansas Association of Broadcasters, Everywoman's Resource Center, three job services, Kansas University and employee referrals. It used the Topeka Capital-Journal for eight openings. It used the following sources for one to six openings, from which it received no minority referrals: Nine universities and colleges, Topeka Department of Parks and Recreation and the National Association of Farm Broadcasters. 24. The licensee contacted the following minority sources for 12 openings: Shawnee County Indian Center, Coordinating Committee for the Black Community, NAACP and El Centrol De Servicios. None of the minority sources produced minority referrals. Minorities were present in applicant pools for five of the 22 openings (four upper-level). Also, minorities were present in four interview pools (three upper-level). The licensee recruited for 13 of its 22 full-time openings. One of the positions not publicly recruited for was filled by a Black applicant who was personally recruited for that job. It interviewed 76 applicants, of whom at least four (5.3%) were minorities: three were Black, but the race of the fourth minority interviewee is unknown. The licensee's only minority hire was the Black applicant personally recruited for an upper-level position (4.8%). 25. The Everywoman's Resource Center was the only female- specific source used by the licensee, and this source produced no female referrals or applicants. However, the licensee received 31 female referrals from the Topeka Capital-Journal and seven from five other general sources. The records indicate that, although the licensee had 22 hiring opportunities, the 38 female applicants were considered in only eight (36%) of the applicant/interview pools for overall full-time positions, and only seven (33%) of the applicant/interview pools for upper-four full-time positions. Moreover, while the licensee interviewed 34 female applicants for these eight vacancies, 24 of these female applicants (71%) were interviewed for only two of the eight positions. In particular, the licensee interviewed 17 women for one secretarial vacancy, and seven women for one sales worker vacancy. The remaining 10 female applicants were interviewed for only six additional jobs. We note further that, for five of the seven license term years, women were employed below 50% of parity at various levels in the station's upper-level staff. The licensee hired six women overall, five for upper-level positions. 26. The NAACP asserts that the licensee's minority recruitment efforts produced few referrals and that the licensee failed to recruit for some openings. It also asserts that the licensee appears to have contacted Black organizations only toward the end of the license term. It criticizes the licensee for failing to hire any minorities for upper-level jobs in the renewal year and for only employing a "token" number of minority employees during the term. 27. The licensee concedes that it did not recruit for every opening but notes that three openings for which no recruitment took place were filled by interns hired full-time after graduation. Next, the licensee states that the NAACP incorrectly concludes that it only contacted minority sources at the end of the term. The licensee states that it contacted minority sources during the entire period under review and expected them to be productive because of success with referrals for its television station in the same market, WIBW-TV. It notes, however, that the minority sources were not productive for the radio stations during their license terms. Moreover, it states that it had difficulty contacting the local NAACP office at the end of the term. As part of the self-assessment of its referral record, the licensee states that it sought minority and female applicants through a broadcast seminar for females and minorities held at Washburn University in October 1989 as well as through recruitment for specific jobs. Acknowledging that it hired only one minority full-time, the licensee hired four Blacks for part-time positions. Although the licensee was not challenged regarding its recruitment of women, it states that its EEO program has been "highly effective" in the hiring of women. 28. On the basis of the record before us, we find no substantial and material question of fact warranting a hearing. See Astroline, supra. We find no evidence indicating that the licensee engaged in discrimination and note that the licensee did interview and hire minorities and women during the license term. 29. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (15 jobs) of its 22 full-time positions. Only 23% (five) of the 22 overall applicant pools and 19% (four) of the 21 upper-level applicant pools contained minorities. Only 18% (four) of the 22 overall interview pools and 14% (three) of the 21 upper-level interview pools contained minorities. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee failed to recruit for nine of 22 vacancies. In addition, it failed to use minority sources for 10 vacancies. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. Further, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full- time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. 30. Moreover, the licensee's efforts to recruit women were deficient because it failed to recruit so as to attract an adequate pool of female applicants for at least 66% (15 jobs) of its 22 full-time positions. Women were in only 36% (eight) of the 22 overall applicant and interview pools and 33% (seven) of the 21 upper-level applicant and interview pools. Notwithstanding the absence of women from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract women or otherwise conducted meaningful self-assessment of its program. Again, as noted above, the licensee failed to recruit for nine of 22 vacancies, attracted 71% of its female interviewees to only two positions (half [17] to a secretarial vacancy and seven others to a sales worker vacancy). Despite the absence of women from most of its interview pools, it used only one (unproductive) female-specific recruitment source. The combination of the licensee's failure to engage in adequate recruitment efforts for minorities and women warrants a further $11,250 upward adjustment, for a total forfeiture of $30,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $30,000, renew the licenses for a short term, and impose reporting conditions. V. CONCLUSION 31. After considering the evidence and arguments submitted by the NAACP and all licensees in the instant case, we find that hearings are not warranted and the records of the licensees support the granting of their renewal applications. Because of concerns about future affirmative action efforts, we will impose reporting conditions on each of the stations. In addition, for violations of the Commission's EEO Rule, we will issue a Notice of Apparent Liability for $18,750 to the licensee of KMAJ(AM)/KMAJ-FM. We will also issue Notices of Apparent Liability for $25,000 to the licensee of WOW(AM)/WOW-FM and $30,000 to the licensee of WIBW(AM)/WIBW-FM for violations of the EEO Rule and renew their licenses for a short term. VI. ORDERING CLAUSES 32. Accordingly, IT IS ORDERED that the Petition to Deny filed by the NAACP against the licensee of WOW(AM)/WOW-FM IS DENIED. 33. IT IS FURTHER ORDERED that the informal objection filed by the NAACP against the licensees of KMAJ(AM)/KMAJ-FM and WIBW(AM)/ WIBW-FM IS DENIED. 34. IT IS FURTHER ORDERED that, the license renewal applications filed by Midland Broadcasters, Inc. for Stations KMAJ(AM)/KMAJ-FM ARE GRANTED subject to the EEO reporting conditions specified herein. 35. IT IS FURTHER ORDERED that the license renewal applications filed by Omaha Great Empire Broadcasting, Inc. for Stations WOW(AM)/WOW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995, subject to reporting conditions as described herein and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000. 36. IT IS FURTHER ORDERED that the license renewal applications filed by Stauffer Communications, Inc. for Stations WIBW(AM)/WIBW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995, subject to reporting conditions as described herein and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $30,000. 37. IT IS FURTHER ORDERED that, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, this document constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $18,750 for the licensee of KMAJ(AM)/KMAJ-FM. 38. IT IS FURTHER ORDERED that the licensees of Stations WOW(AM)/WOW-FM and WIBW(AM)/WIBW-FM file an original and one copy of the following information on February 1, 1995, and the licensee of Stations KMAJ(AM)/KMAJ-FM file an original and one copy of the following information on February 1, 1995, February 1, 1996, and February 1, 1997: (a) For each report, please make two lists divided by full-time and part-time job vacancies during the twelve months preceding the respective reporting dates, indicating the job title, date of hire, the race or national origin, sex and the referral source of each applicant for each job and the race or national origin and sex of the person hired. The list should also note which recruitment sources were contacted; (b) a list of employees as of the January 1, 1995, payroll period for the first report and as of the January 1, 1996, and the January 1, 1997, payroll periods for the second and third reports, by job title, indicating part-time or full-time status (ranked from the highest paid classification), date of hire, sex and race or national origin; (c) details concerning the station's efforts to recruit minorities for each position filled during the period 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 relevant information with regard to the station's EEO performance and efforts thereunder. 39. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- one copy of this Memorandum Opinion and Order and Notice of Apparent Liability to all parties. 40. The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. Should the parties have any questions regarding this action, they may telephone the Mass Media Bureau's EEO Branch at 202-632-7069. Regarding the forfeiture proceedings, the licensees may take any of the actions set forth in Section 1.80 of the Commission's Rules, as summarized in the attachment to this Memorandum Opinion and Order and Notice of Apparent Liability. Any comments relating to their ability to pay should include those financial letters set forth in the noted attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary $// MO&O, KMAJ(A/F), KS/NE, Rep cond, Sh tm, NAL, FCC 94-104 //$ $/ 300.309 Action Upon Applications /$ $/ 300.503 Forfeitures In Cases of Rebates and Offsets /$ $/ 1.80 Forfeiture Provisions /$ $/ 73.2080 Equal Employment Opportunity /$ $/ 73.3584 Procedures For Filing Petitions to Deny /$ $/ FOR FCC RECORD ONLY /$ FCC 94-104 Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of ) ) ) Midland Broadcasters, Inc. ) File Nos. BR- 900131UV ) BRH- 900131UT ) For Renewal of Licenses of ) Stations KMAJ(AM)/KMAJ-FM ) Topeka, Kansas ) ) ) Omaha Great Empire Broadcasting, Inc. ) File Nos. BR- 900125UV ) BRH- 900125UW ) For Renewal of Licenses of ) Stations WOW(AM)/WOW-FM ) Omaha, Nebraska ) ) ) Stauffer Communications, Inc. ) File Nos. BR- 900201F6 ) BRH- 900201UG ) For Renewal of Licenses of ) Stations WIBW(AM)/WIBW-FM ) Topeka, Kansas ) ) ) MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY Adopted: April 20, 1994 ; Released: April 28, 1994 By the Commission: Commissioner Quello concurring and issuing a statement. I. INTRODUCTION 1. The Commission has before it for consideration: (i) licenserenewal applications for the six captioned radio stations in Kansas and Nebraska; (ii) a Petition to Deny timely filed on May 1, 1990, by State Conferences of Branches of the National Association for the Advancement of Colored People (NAACP) in Kansas and Nebraska and various local NAACP branches against the above renewal applications; (iii) oppositions from the licensees; and (iv) the licensees' responses to staff letters of inquiry. The NAACP alleges that the above stations violated the Commission's equal employment opportunity (EEO) Rule and policies. The NAACP requests that the Commission designate the licensees' renewal applications for hearing and deny the applications. II. BACKGROUND 2. In challenging an application pursuant to Section 309(d) of the Communications Act, a petitioner must demonstrate party in interest status. In addition, 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, convenience, and necessity]." 47 U.S.C. Section 309(d)(1); Astroline Com. Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) (Astroline); Application of Dubuque T.V. Limited Partnership and Sage Broadcasting Corporation of Dubuque, Iowa for Assignment of Television License for KDUB-TV, Dubuque, Iowa, 4 FCC Rcd 1999 (1989). The allegations, 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. Section 309(d)(1). 3. The licensee of WOW(AM)/WOW-FM, Omaha, Nebraska argues that the NAACP should be classified as an informal objector instead of as a petitioner because no one claiming residence in its service area filed an affidavit in support of the petition to deny. However, a declaration under penalty of perjury from the president of the Omaha, Nebraska branch of the NAACP, who claims to be a listener of WOW(AM)/WOW-FM, was filed on the same day as the petition to deny. We find that the declaration meets the requirements for establishing standing for the NAACP for the Omaha stations. See American Legal Foundation v. FCC, 808 F.2d 84 (D.C. Cir. 1987). Therefore, the challenge filed by the NAACP constitutes a valid petition to deny against the two listed stations in Omaha. 4. The licensee of KMAJ(AM)/KMAJ-FM, Topeka, Kansas, argues that the petition against it should be dismissed because the declaration under penalty of perjury filed in support of the petition against KMAJ(AM)/KMAJ-FM was filed late and failed to allege personal knowledge of its case. The licensee of WIBW(AM)/WIBW-FM, Topeka, Kansas, argues that the NAACP cannot be classified as a petitioner, but can be considered an informal objector because the petition failed to include a supporting affidavit from someone claiming residence in its service area. We note that, while the petition was timely filed on May 1, 1991, the declaration under penalty of perjury submitted by the NAACP in support of its challenges against the Topeka stations was filed in a supplement on May 23, 1991 -- three weeks after the deadline. The NAACP states that the declaration, which was from the Topeka NAACP branch president, was filed late because the Topeka branch of the NAACP needed time to review its files and consider the EEO performance of the Topeka stations. It argues that the Commission should consider the declaration since it was filed prior to the deadline for oppositions to the petition and no party would be harmed. In addition, the president of the Topeka branch did not claim to live in the service areas of any of the four stations petitioned in Topeka or to listen to any of the Topeka stations. 5. The Commission has previously ruled that these same arguments in support of untimely filings did not constitute good cause for the untimeliness. See Applications of Certain Broadcast Stations Serving Communities in the States of Michigan and Ohio, 3 FCC Rcd 6944, 6944 (1988) (citing Florida Broadcast Renewals, 3 FCC Rcd 1923 (1988)). Accordingly, we will treat the NAACP as an informal objector against the four Topeka stations because the declaration was untimely filed without justifiable cause and fails to show that the challenger is a listener or resident within the station's service area. 47 C.F.R. Section 73.3584(b); see also Application of KDEN Broadcasting Co. for Renewal of License of Station KDEN, Denver, Colorado, 55 Rad.Reg. 2d (P&F) 1311, 1311-1312 (1984). III. PLEADINGS 6. The NAACP derived its factual allegations from the licensees' EEO programs and annual employment reports. Review of their allegations led us to conclude that the NAACP presented a prima facie case demonstrating that, as to all six stations, unconditional grant of the renewal applications would have been inconsistent with the public interest. Section 309(d)(1) of the Communications Act, 47 U.S.C. Section 309(d)(1). Astroline, supra. Further inquiry was, therefore, necessary. See Beaumont Branch of the NAACP and the National Black Media Coalition v. FCC, 854 F.2d 501, 506 (D.C. Cir. 1988) (Beaumont); Bilingual Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621 (D.C. Cir. 1978) (Bilingual). 7. Review of the NAACP's allegations and supporting documentation as well as each licensee's renewal applications, oppositions and inquiry responses leads us to conclude that there are no substantial and material questions of fact warranting designation for hearing. In addition, we find no evidence that any licensee engaged in discrimination. Thus, grant of each application will serve the public interest. 47 U.S.C. Section 309(d)(2). Astroline, supra. Accordingly, we will grant renewal but with remedies and sanctions as noted, infra. IV. DISCUSSION 8. Section 73.2080 of the Commission's Rules requires that a broadcast licensee refrain from employment discrimination and establish and maintain an affirmative action program reflecting positive and continuing efforts to recruit, employ and promote qualified women and minorities. When evaluating EEO performance, the Commission focuses on the licensee's efforts to recruit, employ 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 pool. The Commission also focuses on any evidence of discrimination by the licensee. See Sections 73.2080 (b) and (c) of the Commission's Rules, 47 C.F.R. Sections 73.2080 (b) and (c). 9. When a renewal application indicates an absence of discrimination and a record of adequate EEO efforts, the application is granted, if otherwise appropriate. When it fails to evidence a record of adequate EEO efforts, the Commission may impose a variety of sanctions or remedies, such as reporting conditions, renewal for less than a full term, forfeiture, or a combination thereof. Further, the Commission will designate the application for hearing if the facts so warrant. Amendment of Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services, 2 FCC Rcd 3967 (1987) (hereinafter Broadcast EEO), petition for reconsideration pending; see also 4 FCC Rcd 1715 (1989) (request for clarification by National Association of Broadcasters) (hereinafter Clarification of Broadcast EEO). See e.g., Beaumont, supra; Bilingual, supra. KMAJ(AM)/KMAJ-FM, Topeka, Kansas 10. A review of the licensee's 1990 EEO Program Report, response to the petition to deny and response to our letter of inquiry reveals that KMAJ(AM)/KMAJ-FM had 11 overall (9 upper-level) full-time hiring opportunities from July 28, 1987, through June 1, 1990. The licensee used the following general recruitment sources for all 11 openings and reported minority referrals as follows: Topeka Capital-Journal (3), Topeka Job Service Council (1), Washburn University (0), Everywoman's Resource Center (0) and employee referrals (2). It did not report minority referrals from any other sources. However, it contacted the Topeka Job Security Center for 11 openings and, starting near the end of the term in May 1990, used the following general sources: American Career College Placement Service, Kansas University, Kansas State University, various employment agencies and Topeka Technical College. It used the Coordinating Committee of Black Community, a minority source, for all openings, and used El Centro Servicios Para Hispanics, The League of United Latin American Citizens and the NAACP, all additional minority sources, for recruitment starting in May 1990. 11. The licensee reported complete applicant flow data for only one of the 11 positions filled. It received 36 applications and interviewed 22 applicants (no minorities) for that position. Of the 11 hires, none were minorities. All hires resulted from referrals from the Topeka Capital-Journal. The licensee explained that its recruitment records are incomplete because the employee responsible for maintaining the records destroyed them as part of an apparent plan to destroy evidence of his activities at the stations. The employee was terminated on March 6, 1990, immediately after admitting that he embezzled station funds, a crime for which he was later convicted. 12. The NAACP asserts that the licensee's recruitment sources include only one minority organization and that all sources combined produced few minority referrals. It criticizes the licensee for employing what it terms as a "token" number of minorities during the license term and asserts that the licensee has no plans to implement a meaningful EEO program. 13. The licensee asserts that it has recruited minorities through a variety of sources, including minority sources, for every opening during the license term. Although the licensee has not employed any Black employees full-time since 1986, it states that it employed a Black part-time announcer from November 30, 1989, to June 7, 1990, and offered to change her position to full-time. She declined the offer because of her other job, which later transferred her to another state. The licensee acknowledged that it has had difficulty attracting Black applicants but denies the NAACP's assertion that it does not intend to implement a meaningful EEO program. In October 1989, the licensee joined with other Topeka stations to sponsor a broadcast seminar for minorities and females held at Washburn University which attracted 17 people, including eight minorities, to consider broadcasting careers. The licensee plans to make this an annual event. In addition, in May 1990, the licensee added three minority and four general sources as well as several employment agencies to its list of sources to contact for openings. 14. After reviewing the record, we find no substantial and material question of fact sufficient to warrant a hearing. See Astroline, supra. In addition, we find no evidence indicating that the licensee engaged in discrimination. 15. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (seven) of its 11 full-time positions. Although applicant/interview pool data were missing, the licensee admitted that it received few minority referrals or applicants. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee used one minority source for all vacancies and it was unproductive. Also, it obtained only six minority referrals and failed to modify its program until one month before the license term expired. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, FCC# 94-27 (Released February 1, 1994). 16. Furthermore, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $18,750 and renew the licenses subject to reporting conditions. WOW(AM)/WOW-FM, Omaha, Nebraska 17. A review of the licensee's 1990 EEO Program Report, opposition and responses to our letters of inquiry reveals that the licensee had 53 overall and 41 upper-level full-time hiring opportunities from March 31, 1986, through May 31, 1990. The licensee was able to provide recruitment data for only 25 of its 53 full-time hires. The data reveal that it recruited from multiple sources for 23 openings and that it received minority referrals from general sources as follows: Omaha World Herald (3), Nebraska Job Service (3), and employee referrals (1). It also contacted 14 general and female-specific sources for 10 or more openings and five general sources for six or fewer openings, but received no minority referrals. The licensee contacted the Omaha World Herald for 20 openings, the Nebraska Job Service for 23 openings, and the Iowa Job Service for 19 openings. The Urban League, the only minority source to produce referrals, was contacted for 21 openings and made three minority referrals. The licensee also contacted the Omaha Star, a Black newspaper, for 18 openings and seven minority sources for 10 openings. The interview records that the licensee did maintain reveal that it interviewed at least 117 applicants, at least 12 of whom (10.3%) were minorities (eight Blacks, three American Indians and one Hispanic). The available information on applicant/ interview pools reveal that minorities were present in nine pools (two upper-level). The referral source of one Black interviewee is unknown by the licensee. Two of its 53 hires were minorities -- a Black clerical employee and an Hispanic sales worker. The Hispanic hired was a former employee of the station. In addition, the licensee offered full-time jobs in its traffic department to two Black applicants who declined the offers. 18. The NAACP asserts that the licensee hired so few minorities from its minority referrals that it discriminated against minorities. It notes that the licensee reported receiving 10 minority referrals in the renewal year for full- and part-time openings and only hired one minority for a full-time position. In addition, the NAACP asserts that the EEO record of the stations became "abysmal" as soon as the licensee took control of the stations after the 1983 reporting year. Finally, the NAACP criticized the licensee for employing no minorities on a part- time basis. 19. In defense of its record, the licensee denies that it has discriminated, noting that it has recruited from a number of general and minority sources for most openings as well as self- assessed its EEO program. The licensee states that its self- assessment has included meetings in June 1987 with a top official of the state EEO Commission, and with the head of the Omaha Urban League in July 1989 as well as a subsequent meeting with an Urban League recruiter to encourage more referrals. Furthermore, following self-assessment in September 1989, the licensee states that it created the position of EEO Compliance Officer and added 16 new general and seven new minority sources to its contact list used for most openings. The licensee states that it has engaged in self-assessment and taken steps to improve its EEO efforts because it is aware that it has not received large numbers of minority referrals. It notes, however, that it has had minority referrals, applicants, interviewees and hires. As to the NAACP's argument that the station's EEO performance suffered after the licensee assumed control, the licensee asserts that the allegation is without merit because it is based solely on the loss of one minority employee after 1983. Finally, as to the NAACP's charge of not employing Black part-time employees, the licensee notes that it employed three Blacks in part-time jobs during the term, including one Black announcer starting in 1986. 20. In view of the foregoing, we find no substantial and material question of fact warranting a hearing. See Astroline, supra. We find no evidence indicating that the licensee engaged in discrimination. In this regard, we note that the licensee received some minority referrals and applicants, and interviewed and hired minorities during the license term. 21. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (35) of its 53 full-time positions. Only 17% (nine) of the 53 overall applicant/interview pools and 5% (two) of the 41 upper-level applicant/interview pools contained minorities. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee failed to use minority sources for 32 vacancies. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. 22. Further, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. Similarly, the combination of the above and and its large number of hiring opportunities (53) warrants a further $6,250 upward adjustment, for a total forfeiture of $25,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $25,000, renew the licenses for a short term, and impose reporting conditions. WIBW(AM)/WIBW-FM, Topeka, Kansas 23. A review of the licensee's 1990 EEO Program Report, opposition and responses to our letters of inquiry reveals that the licensee had 22 overall full-time hiring opportunities, 21 for upper-level positions, from February 1, 1986, through May 31, 1990. The licensee reported that it used general recruitment sources from which it received minority referrals as follows: Topeka Capital-Journal (4), Radio and Television News Directors Association Newsletter (2), referrals from community members (2) and Radio & Records (1). The licensee reported using the following general sources, for seven to 12 openings, from which it received no minority referrals: Voluntary Action Center, Kansas Association of Broadcasters, Everywoman's Resource Center, three job services, Kansas University and employee referrals. It used the Topeka Capital-Journal for eight openings. It used the following sources for one to six openings, from which it received no minority referrals: Nine universities and colleges, Topeka Department of Parks and Recreation and the National Association of Farm Broadcasters. 24. The licensee contacted the following minority sources for 12 openings: Shawnee County Indian Center, Coordinating Committee for the Black Community, NAACP and El Centrol De Servicios. None of the minority sources produced minority referrals. Minorities were present in applicant pools for five of the 22 openings (four upper-level). Also, minorities were present in four interview pools (three upper-level). The licensee recruited for 13 of its 22 full-time openings. One of the positions not publicly recruited for was filled by a Black applicant who was personally recruited for that job. It interviewed 76 applicants, of whom at least four (5.3%) were minorities: three were Black, but the race of the fourth minority interviewee is unknown. The licensee's only minority hire was the Black applicant personally recruited for an upper-level position (4.8%). 25. The Everywoman's Resource Center was the only female- specific source used by the licensee, and this source produced no female referrals or applicants. However, the licensee received 31 female referrals from the Topeka Capital-Journal and seven from five other general sources. The records indicate that, although the licensee had 22 hiring opportunities, the 38 female applicants were considered in only eight (36%) of the applicant/interview pools for overall full-time positions, and only seven (33%) of the applicant/interview pools for upper-four full-time positions. Moreover, while the licensee interviewed 34 female applicants for these eight vacancies, 24 of these female applicants (71%) were interviewed for only two of the eight positions. In particular, the licensee interviewed 17 women for one secretarial vacancy, and seven women for one sales worker vacancy. The remaining 10 female applicants were interviewed for only six additional jobs. We note further that, for five of the seven license term years, women were employed below 50% of parity at various levels in the station's upper-level staff. The licensee hired six women overall, five for upper-level positions. 26. The NAACP asserts that the licensee's minority recruitment efforts produced few referrals and that the licensee failed to recruit for some openings. It also asserts that the licensee appears to have contacted Black organizations only toward the end of the license term. It criticizes the licensee for failing to hire any minorities for upper-level jobs in the renewal year and for only employing a "token" number of minority employees during the term. 27. The licensee concedes that it did not recruit for every opening but notes that three openings for which no recruitment took place were filled by interns hired full-time after graduation. Next, the licensee states that the NAACP incorrectly concludes that it only contacted minority sources at the end of the term. The licensee states that it contacted minority sources during the entire period under review and expected them to be productive because of success with referrals for its television station in the same market, WIBW-TV. It notes, however, that the minority sources were not productive for the radio stations during their license terms. Moreover, it states that it had difficulty contacting the local NAACP office at the end of the term. As part of the self-assessment of its referral record, the licensee states that it sought minority and female applicants through a broadcast seminar for females and minorities held at Washburn University in October 1989 as well as through recruitment for specific jobs. Acknowledging that it hired only one minority full-time, the licensee hired four Blacks for part-time positions. Although the licensee was not challenged regarding its recruitment of women, it states that its EEO program has been "highly effective" in the hiring of women. 28. On the basis of the record before us, we find no substantial and material question of fact warranting a hearing. See Astroline, supra. We find no evidence indicating that the licensee engaged in discrimination and note that the licensee did interview and hire minorities and women during the license term. 29. However, the licensee's efforts to recruit minorities were deficient because it failed to recruit so as to attract an adequate pool of minority applicants for at least 66% (15 jobs) of its 22 full-time positions. Only 23% (five) of the 22 overall applicant pools and 19% (four) of the 21 upper-level applicant pools contained minorities. Only 18% (four) of the 22 overall interview pools and 14% (three) of the 21 upper-level interview pools contained minorities. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful self-assessment of its program. In this regard, the licensee failed to recruit for nine of 22 vacancies. In addition, it failed to use minority sources for 10 vacancies. Accordingly, a base forfeiture of $12,500 and reporting conditions are warranted. See Policy Statement, supra. Further, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% of the overall and upper-level full- time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture adjustment of $6,250. 30. Moreover, the licensee's efforts to recruit women were deficient because it failed to recruit so as to attract an adequate pool of female applicants for at least 66% (15 jobs) of its 22 full-time positions. Women were in only 36% (eight) of the 22 overall applicant and interview pools and 33% (seven) of the 21 upper-level applicant and interview pools. Notwithstanding the absence of women from the applicant and interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract women or otherwise conducted meaningful self-assessment of its program. Again, as noted above, the licensee failed to recruit for nine of 22 vacancies, attracted 71% of its female interviewees to only two positions (half [17] to a secretarial vacancy and seven others to a sales worker vacancy). Despite the absence of women from most of its interview pools, it used only one (unproductive) female-specific recruitment source. The combination of the licensee's failure to engage in adequate recruitment efforts for minorities and women warrants a further $11,250 upward adjustment, for a total forfeiture of $30,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $30,000, renew the licenses for a short term, and impose reporting conditions. V. CONCLUSION 31. After considering the evidence and arguments submitted by the NAACP and all licensees in the instant case, we find that hearings are not warranted and the records of the licensees support the granting of their renewal applications. Because of concerns about future affirmative action efforts, we will impose reporting conditions on each of the stations. In addition, for violations of the Commission's EEO Rule, we will issue a Notice of Apparent Liability for $18,750 to the licensee of KMAJ(AM)/KMAJ-FM. We will also issue Notices of Apparent Liability for $25,000 to the licensee of WOW(AM)/WOW-FM and $30,000 to the licensee of WIBW(AM)/WIBW-FM for violations of the EEO Rule and renew their licenses for a short term. VI. ORDERING CLAUSES 32. Accordingly, IT IS ORDERED that the Petition to Deny filed by the NAACP against the licensee of WOW(AM)/WOW-FM IS DENIED. 33. IT IS FURTHER ORDERED that the informal objection filed by the NAACP against the licensees of KMAJ(AM)/KMAJ-FM and WIBW(AM)/ WIBW-FM IS DENIED. 34. IT IS FURTHER ORDERED that, the license renewal applications filed by Midland Broadcasters, Inc. for Stations KMAJ(AM)/KMAJ-FM ARE GRANTED subject to the EEO reporting conditions specified herein. 35. IT IS FURTHER ORDERED that the license renewal applications filed by Omaha Great Empire Broadcasting, Inc. for Stations WOW(AM)/WOW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995, subject to reporting conditions as described herein and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $25,000. 36. IT IS FURTHER ORDERED that the license renewal applications filed by Stauffer Communications, Inc. for Stations WIBW(AM)/WIBW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995, subject to reporting conditions as described herein and, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $30,000. 37. IT IS FURTHER ORDERED that, pursuant to Section 503 of the Communications Act of 1934, as amended, 47 U.S.C. Section 503, this document constitutes a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of $18,750 for the licensee of KMAJ(AM)/KMAJ-FM. 38. IT IS FURTHER ORDERED that the licensees of Stations WOW(AM)/WOW-FM and WIBW(AM)/WIBW-FM file an original and one copy of the following information on February 1, 1995, and the licensee of Stations KMAJ(AM)/KMAJ-FM file an original and one copy of the following information on February 1, 1995, February 1, 1996, and February 1, 1997: (a) For each report, please make two lists divided by full-time and part-time job vacancies during the twelve months preceding the respective reporting dates, indicating the job title, date of hire, the race or national origin, sex and the referral source of each applicant for each job and the race or national origin and sex of the person hired. The list should also note which recruitment sources were contacted; (b) a list of employees as of the January 1, 1995, payroll period for the first report and as of the January 1, 1996, and the January 1, 1997, payroll periods for the second and third reports, by job title, indicating part-time or full-time status (ranked from the highest paid classification), date of hire, sex and race or national origin; (c) details concerning the station's efforts to recruit minorities for each position filled during the period 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 relevant information with regard to the station's EEO performance and efforts thereunder. 39. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- one copy of this Memorandum Opinion and Order and Notice of Apparent Liability to all parties. 40. The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau's EEO Branch. Should the parties have any questions regarding this action, they may telephone the Mass Media Bureau's EEO Branch at 202-632-7069. Regarding the forfeiture proceedings, the licensees may take any of the actions set forth in Section 1.80 of the Commission's Rules, as summarized in the attachment to this Memorandum Opinion and Order and Notice of Apparent Liability. Any comments relating to their ability to pay should include those financial letters set forth in the noted attachment. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary