) Mystar Communications Corporation ) File Nos. BR-960401WO

______Federal Communications Commission______FCC 97-148

Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554

In re Applications of ) ) MyStar Communications Corporation ) File Nos. BR-960401WO ) BRH-960401R7 For Renewal of Licenses for Stations ) BRH-960401P2 ) WMYS(AM)/WTPI(FM), Indianapolis, Indiana ) and WZPL(FM), Greenfield, Indiana )

MEMORANDUM OPINION AND ORDER AND NOTICE OF APPARENT LIABILITY

Adopted: April 28, 1997 Released: May 2, 1997

By the Commission: I. INTRODUCTION

1. The Commission has before it for consideration: (i) the above-referenced applications of MyStar Communications Corporation ("MyStar") for renewal of the licenses for the above-captioned stations; (ii) a Petition to Deny timely filed by the National Rainbow Coalition ("Rainbow") and Operation PUSH ("PUSH"); (iii) MyStar©s opposition thereto; (iv) Rainbow/PUSH©s reply to the opposition; (v) MyStar©s response to a staff letter of inquiry requesting additional information concerning the stations© Equal Employment Opportunity ("EEO") record; (vi) a reply to the licensee©s response filed by Rainbow only; and (vii) additional information concerning its response submitted by the licensee in light of Rainbow©s reply.

H. BACKGROUND/PLEADINGS

2. Rainbow and PUSH allege that the stations violated our EEO Rule and policies. Section 73.2080 of the Commission©s Rules, 47 C.F.R. § 73.2080. Accordingly, they request that we conduct an investigation of the stations© employment practices pursuant to Bilingual Bicultural Coalition on Mass Media v. FCC. 595 F.2d 621 (D.C. Cir. 1978), and designate the applications for hearing with a view toward denying them. The licensee maintains that it has not engaged in discrimination, that its EEO program has been successful, and that unconditional renewal is warranted.

3. Initially, pursuant to Section 309(d)(l) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(d)(l), a petitioner to deny must submit "specific allegations of fact sufficient to show that the petitioner is a party in interest . . . ." Rainbow has established that it is a party hi interest with respect to the stations© renewal applications based on a declaration under penalty of perjury from one of its members affirming mat he resides within the stations© service areas and is a regular listener of the stations. See NAB Petition for Rulemaking. 82 FCC 2d 89 (1980) as modified bv Maumee Valley Broadcasting. Inc.. FCC 97-96, released March 20,

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1997. However, PUSH has failed to present any evidence that it is a party in interest with respect to the above stations. Accordingly, we will dismiss PUSH as a party to this proceeding. Section 73.3584(d) of the Commission©s Rules, 47 C.F.R. § 73.3584(d).

4. Rainbow derived its factual allegations from the licensee©s EEO program and annual employment reports. As a threshold matter, we found that Rainbow made a prima facie case demonstrating that grant of the renewal applications would have been inconsistent with the public interest. Section 309(d)(l) of the Communications Act of 1934, as amended, 47 U.S.C. § 309(d)(l); Astroline Communications Co. v. FCC. 857 F.2d 1556 (D.C. Cir. 1988). After reviewing the licensee©s renewal applications, annual employment reports, opposition, and its inquiry response, we conclude that mere are no substantial and material questions of fact and that grant of the applications 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. Thus, because the licensee is otherwise qualified, grant of the applications will serve the public interest. 47 U.S.C. § 309(d)(2). However, for the reasons discussed below, we will grant renewal subject to reporting conditions and issue a Notice of Apparent Liability for a forfeiture in the amount of $12,000. n. DISCUSSION

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 maintain an EEO program reflecting positive and continuing efforts to re<\oit and to promote qualified women and minorities. When evaluating EEO performance, the Commission focuses on the licensee©s ongoing assessment of its EEO efforts. Such an assessment enables the licensee to take corrective action if qualified minorities and women are not represented in significant numbers in its applicant pools. The Commission also focuses on any evidence of discrimination by the licensee. See Sections 73.2080(a), (b). (c) of the Commission©s Rules, 47 C.F.R. §§ 73.2080 (a), (b) and (c). 6. Review of MyStar©s renewal applications and inquiry response reveals that the stations had 34 hiring opportunities for full-time positions, including 23 for upper-level positions, from August 1, 1993, to August 1, 1996.© The licensee recruited for 31 of the 34 vacancies, including 21 of the 23 upper-level vacancies. In those instances where recruitment occurred, the licensee employed two general newspapers, one minority newspaper, educational institutions, job services, station postings, employee referrals and two Black, one Hispanic, and two women©s organizations. The licensee indicates that it did not recruit for one lower-level sales assistant position due to an emergency situation. It further indicates that a program director was hired for WZPL(FM) without recruitment because the individual hired had been recommended by the licensee©s programming consultant based on the consultant©s specific knowledge of the candidate©s experience and expertise in the station©s music format. Finally, the licensee states that it hired an operations manager for WMYS(AM) without recruitment because it had just

1 The licensee also included data about six internal promotions in its inquiry response.

5240 Federal Communications Commission FCC 97-148 acquired the station and the individual hired had previously worked for the station as chief engineer for 18 years under the prior ownership, giving him unique knowledge of the station©s technical facilities and directional antenna.

7. The stations had 31 applicant/interview pools (21 upper-level) because in three instances the same pool was used twice.2 The licensee reports that it attracted 611 applicants (455 for upper-level positions), including 41 minorities (21 for upper-level positions) and 280 females (149 for upper-level positions). The stations had 261 interviewees (183 for upper-level positions), including 40 minorities (20 for upper-level positions) and 146 females (85 for upper- level positions). Minorities were present in 15 (48.4%) of the licensee©s 31 applicant/interview pools, including eight (38.1%) of its 21 upper-level applicant/interview pools. Women were present in 27 (87.1%) of the licensee©s 31 applicant/interview pools, including 17 (80.1%) of its 21 upper-level applicant/interview pools. There were no minority applicants in each of the three pools from which two persons were hired. Of its 611 applicants for all full-time positions, the licensee listed as "unknown" the race or ethnicity for 370 (60.6%) applicants and the recruitment source for 380 (62.2%) applicants. It did not know the race or ethnicity for 287 (63.1%) of its 455 applicants for upper-level positions and the recruitment source for 299 (65.7%) of the applicants. Of its 261 interviewees for all full-time positions, the licensee listed as "unknown" the race or ethnicity for 26 (10%) interviewees and the recruitment source for 108 (41.4%) interviewees. It did not know the race or ethnicity for 20 (10.9%) of its 183 interviewees for upper-level positions and the recruitment source for 83 (45.4%) of the interviewees. My Star reports that, during the review period, it hired two Blacks for lower-level positions; and 20 females, including ten for upper-level positions.3

2 The 31 applicant/interview pools include the three pools where the licensee did not recruit.

3 The licensee acquired WTPI(FM) on January 29, 1990, WZPL(FM) on May 17, 1994, and WMYS(AM) on August 3, 1994. The relevant license term ended August 1, 1996. According to the 1980 Census, the Indianapolis, Indiana, Metropolitan Statistical Area, where the stations are located, had a 43.6% female and 13.5% minority labor force (12.1% Black, 0.7% Hispanic, 0.5% Asian/Pacific Islander and 0.2% American Indian). The 1990 Annual Employment Report for WTPI(FM) lists two Blacks (9.1%) and seven females (31.8%) out of 22 full-time employees. The report also shows one Black (5.6%) and five females (27.8%) out of 18 upper-level employees. The 1991 Annual Employment Report for WTPI(FM) lists two Blacks (8.7%) and nine females (39.1%) out of 23 full-time employees. The report also shows one Black (5.3%) and six females (31.6%) out of 19 upper-level employees. The 1992 Annual Employment Report for WTPI(FM) lists two Blacks (8.3%) and eleven females (45.8%) out of 24 full-time employees. The report also shows one Black (5.3%) and seven females (36.8%) out of 19 upper-level employees. The Commission has begun using 1990 labor force statistics for license renewal applications filed after May 31, 1993, and for 1993 Annual Employment Reports. See "EEO Branch of MMB To Use 1990 U.S. Census Data", Public Notice # 32651 (April 12, 1993). The 1990 Census for the Indianapolis, Indiana, Metropolitan Statistical Area shows a 46.9% female and 13.3% minority labor force (11.5% Black, 0.8% Hispanic, 0.8% Asian/Pacific Islander and 0.2% American Indian). The 1993 Annual Employment Report for WTPI(FM) lists two Blacks (8.3%) and eleven females (45.8%) out of 24 full-time employees. The report also shows one Black (5.3%) and seven females (36.8%) out of 19 upper-level employees. The 1994 Annual Employment Report for WTPI(FM) lists two Blacks (5.0%), one Hispanic (2.5%), and 18 females (45.0%) out of 40 full-time employees. The report also shows one Black (3.2%), one Hispanic (3.2%), and ten females (32.3%) out of 31 upper- level employees. The 1995 Annual Employment Reports for the stations list three Blacks (6.5%) and 20 females (43.5%) out of 46 full-time employees. The reports also show two Blacks (5.4%) and 12 females (32.4%) out of

5241 . ______Federal Communications Commission_____ FCC 97-148

8. In its petition to deny, Rainbow urges that the 1996 EEO Program Reports submitted with the stations© renewal applications suggest that little, if any, meaningful recruitment occurred because no minorities were shown among 15 hires (10 for upper-level positions) during the renewal year and only seven minority referrals were reported during the renewal year. Rainbow further asserts that the licensee has not shown that its EEO efforts for the upcoming license term would reflect an improvement over its performance during the past license term. Rainbow also cites statistics concerning minority employment at the stations from 1990 to 1995, as reflected in the stations© Annual Employment Reports, including a comparison of the percentage of minorities employed at the stations with the percentage of minorities in the labor force. Rainbow asserts that the labor force pertinent to the stations includes 20.8% minorities.

9. In its opposition, the licensee contends that the correct figure for the minority composition of its labor force is 13.9%, which is purportedly the minority composition of the Indianapolis, Indiana, Metropolitan Statistical Area according to the 1990 Census. The licensee urges that using this figure, the stations are either above or only marginally below the Commission©s processing guidelines so that the guidelines would be met by one additional minority employee. The licensee maintains that its minority employment profile should not be found to constitute a violation of the EEO Rule since it regularly recruits for minority applicants from a number of sources. It also indicates that the stations initiated a minority apprentice program in 1992 which involves hiring on a part-time basis a minority applicant who is interested in programming but lacks experience. The apprentice receives training with the hope that he or she will eventually be hired for full-time employment. The licensee further states that it has "been frustrated that we have not been able to generate a larger number of minority applicants for vacancies." Accordingly, it reports, the stations participated in the Indiana Expo Job Fair held on July 11, 1996. At that time, resumes were received from 47 prospective minority applicants,4 which the licensee believes will be helpful in filling future vacancies. In its reply, Rainbow accepts the corrected labor force data submitted by the licensee but nonetheless urges that its minority employment profile is outside the zone of reasonableness and its EEO program is weak.

10. In its reply to the licensee©s inquiry response, Rainbow (apparently counting six promotions as hires) asserts that the licensee had 41 hires and did not recruit for 11 of the hires. Rainbow does not specify all 11 hires where it believes that recruitment did not occur. It identifies one hire, for a sales position, which was made from an applicant pool that had been recruited four months earlier. It contends that such an applicant pool would be "stale." Rainbow also maintains that there was no rational business justification for the licensee©s failure to recruit for 10 of the 11 hires. Rainbow suggests that the licensee evidently dispensed with recruiting whenever it was aware of the availability of a strong candidate, a practice mat, it contends, would disadvantage minorities. Rainbow further asserts that, in the case of three out of 18 sales

37 upper-level employees. The 1996 Annual Employment Reports for the stations list three Blacks (5.6%) and 23 females (42.6%) out of 54 full-time employees. The reports also show two Blacks (4.3%) and 18 females (39.1%) out of 46 upper-level employees.

4 This exceeded the number of minority applicants who applied for jobs at the stations during the entire three year inquiry period.

5242 ______Federal Communications Commission ____ FCC 97-148 positions for which the licensee recruited, the number of applications received was so low as to suggest that the recruitment efforts were not meaningful, either because the recruitment notices were sent out too late or the successful candidate was "preselected." It also urges that it is "inexplicable" that a sales position filled on June 5, 1995, attracted only one applicant whereas a sales position filled on May 30, 1995, attracted 23 applicants. It further notes that, during the inquiry period, the licensee hired only two minorities both for lower-level positions. Rainbow contends that a hearing is warranted as to whether the licensee has engaged in employment discrimination.

11. In response to Rainbow©s comments, the licensee contends that its inquiry response included 40, not 41, vacancies. The licensee urges that its lack of recruitment for three hires was justified for reasons discussed hi para. 6, supra. In addition to those three hires, the licensee construes Rainbow©s objection as encompassing six hires that were internal promotions and two instances where a second hire was made from a single recruitment pool. In one case, the second hire was made within days of the first hire and, in another, the last hire was approximately three (rather than four) months after the first. Finally, in connection with its hiring for sales positions, the licensee represents that, with respect to the three vacancies questioned by Rainbow, recruitment postings were sent out well in advance of the projected closing dates and no preselection of the successful candidates occurred. It contends that the disparate results for its May 30, 1995, and June 5, 1995, sales hires reflect that the first hire was for a position at its popular FM station WZPL(FM), whereas the second was for a position at WMYS(AM), a virtually unknown and struggling AM station.

12. There are no substantial and material questions of fact warranting designation for hearing. Astroline. Moreover, there is no evidence of employment discrimination. MyStar recruited and hired minorities during the license term. Accordingly, renewal of the stations© licenses is in the public interest.

13. In its petition, Rainbow faults the licensee based on information in the stations© 1996 EEO Program Reports. As Rainbow concedes, the appropriate labor force for analyzing the licensee©s EEO record is the Indianapolis, Indiana, Metropolitan Statistical Area, which has a smaller minority labor force (13.3%)5 than the figure employed in Rainbow©s petition (20.8%). Further, the stations© minority employment profile would not, standing alone, constitute grounds for sanction because our primary concern relates to a licensee©s efforts to recruit minority applicants rather than the attainment of a particular statistical benchmark. Channel 5 Public Broadcasting Inc.. 10 FCC Red 10388,10389 (1995); Miami/Florida Renewals. 5 FCC Red 4893, 4894 (1990).

14. With reference to Rainbow©s comments concerning the licensee©s inquiry response, Rainbow incorrectly indicates that the licensee reported 41 hires. As the licensee notes, it

5 The licensee reports that the MSA labor force is 13.9% minority. However, in 1992, the Office of Management and Budget, which is responsible for the definition of MS As, revised the definition of the Indianapolis, Indiana, MSA to include an additional county. As a result, the MSA as presently defined is 13.3% minority.

5243 ______Federal Communications Commission FCC 97-148 reported 40 hires. Rainbow complains that the licensee failed to recruit for 11 vacancies. We are able to identify only three vacancies for which the licensee did not recruit. See para. 6, supra. Six of the hires referenced by Rainbow were apparently internal promotions that the licensee had included in its inquiry response, not vacancies.

15. With respect to the second hire made from a single applicant pool three months (rather than four months as indicated by Rainbow) after the initial hire, we agree with Rainbow that the licensee©s hiring process was deficient. However, we do not necessarily consider a three- month old pool "stale". Rather, we are concerned that the pool here was not minority inclusive. A licensee may, on occasion, rely upon reasonably current applications on file rather than initiate a new recruitment for a particular position, but only where the applications previously received had been gathered in accordance with our EEO Rule and the applications reflect a diverse group of candidates. Radio Chattanooga. Inc.. 7 FCC Red 2929, 2932 n. 7 (19921:. Applications for Renewal of Certain Broadcast Stations Serving Communities in the States of Alabama and Georgia. 6 FCC Red 5968, 5975 n. 35 (1991). In this instance, the licensee recruited when it initially assembled the pool. However, the pool did not include a diverse group of candidates. The use of this pool for a second hire three months after the initial hire reflects a failure to self- assess the adequacy of the initial recruitment meaningfully.

16. We also note that the licensee made two hires from each of two other pools, although, in those instances, the hires were contemporaneous. However, neither of the pools included any minority applicants. Notwithstanding that the two hires made from each of those pools were contemporaneous, we find that the use of an unproductive pool for multiple hires evidences a lack of meaningful self-assessment. As a result of the licensee©s use of three pools for multiple hires, only 15 (44.1%) of the stations© 34 total hires were made from applicant pools that included minorities, including 8 (34.8%) of 23 upper-level hires. Nonetheless, given the total number of vacancies and the facts pertinent to each of the three nonrecruited hires, we disagree with Rainbow©s contention that the licensee dispensed with recruitment whenever it was aware of a strong candidate. Consequently, in this case, the failure to recruit for three of the vacancies is insufficient to raise a question of discrimination.

17. Next, we reject Rainbow©s speculation, which is based on the low number of applications received in three pools for sales positions, that the licensee either failed to send out timely recruitment notices or preselected the successful candidates. The licensee indicated that it employed its standard recruitment sources for each of the three vacancies. Further, the licensee specifically affirmed that, in the case of the three vacancies cited by Rainbow, recruitment notices were sent out hi a timely manner and no preselection occurred. Rainbow has submitted no direct evidence contradicting the licensee©s representation. In these circumstances, low results in three of the 18 pools for sales vacancies for which the stations recruited is insufficient to raise a substantial and material question of fact as to whether the licensee sent out recruitment notices in an untimely manner or preselected the successful candidates. Finally, the fact that the licensee hired only two minorities for lower-level positions during the inquiry period is insufficient, by itself, to raise an issue of discrimination. The licensee in fact recruited for and employed minorities hi upper-level positions during the license term. Moreover, compliance with our EEO Rule is not based on meeting or exceeding a numerical goal. See Amendment of Part 73 of the

5244 Federal Communications Commission FCC 97-148

Commission©s Rules Concerning Equal Employment Opportunity in the Broadcast and Radio Television Services. 2 FCC Red 3967, 3974 (1987) and the cases cited in para. 13, supra. In sum, we do not find that the matters alleged by Rainbow raise a substantial and material question of fact that the licensee engaged in discrimination so as to require a hearing.

18. We find, however, that the licensee©s overall EEO efforts with respect to minorities were deficient because, although the stations recruited for 31 of the 34 vacancies during the review period, they failed to self-assess meaningfully the effectiveness of their recruitment efforts. While the licensee maintained some records concerning all of its applicant/interviewee pools, the data were seriously incomplete in that the licensee did not record the race or ethnic origin and/or recruitment source for more than 60% of its applicants. Moreover, it did not know the race or ethnic origin of about 10 percent of its interviewees (although the interviewees were presumably personally observed by the station personnel who interviewed them) or the recruitment source for over 40 percent of its interviewees. Maintenance of such records is necessary to permit meaningful self-assessment of the productivity of the stations© recruitment efforts. Further, the licensee could show that only 41 (6.7%) of its 611 applicants for all full-time vacancies were minorities, including 21 (4.6%) of its 455 applicants for upper-level positions. Next, minorities were present in only 15 (48.4%) of the licensee©s 31 applicant/interview pools, including eight (38.1%) of its 21 upper-level applicant/interview pools. Also, as noted, the licensee©s use of three applicant pools which were not minority inclusive for multiple hires reflects inadequate self- assessment. As noted above, due to the use of three pools for multiple hires, only 15 (44.1%) of the stations© 34 total hires were made from applicant pools that included minorities, including 8 (34.8%) of 23 upper-level hires. The licensee indicates that it attended a minority job fair in July, 1996, to generate more minority applicants. While we commend the licensee©s initiative in this respect, it did not come until the last month of the license term. There is no evidence that the licensee took meaningful steps to address recruitment problems prior to that time.

19. After carefully reviewing the facts of this case, we find that the record in the instant case is similar to that of WPET(AM)/WKSI-FM, Greensboro, North Carolina, in WCCB- TV. Inc.. FCC 96-462, released December 9, 1996.6 WPET(AM)/WKSI-FM recruited for 23 of 25 vacancies during the applicable review period. However, it attracted minorities to only eight (50%) of 16 applicant pools, including five (38.5%) of 13 upper-level pools. Of 361 applicants reported by WPET(AM)/WKSI-FM during the pertinent inquiry period, only 22 (6.1%) were minorities. Further, the licensee failed to maintain records needed to assess meaningfully the effectiveness of its EEO program. Thus, it could provide race and ethnicity data for only 166 (46%) of its 361 applicants. We renewed the licenses of WPET(AM)/WKSI-FM subject to reporting conditions and issued a Notice of Apparent Liability to the licensee for $12,000.

20. In the instant case, MyStar recruited for most of its 34 hires. However, minorities were present in only 48.4 % of MyStar©s applicant pools (38.1 % of its upper-level pools).

6 WPET(AM)/WKSI-FM were located in the Charlotte-Winston-Salem-High Point, North Carolina, Metropolitan Statistical Area. The laborforce was 19.7% minority (18.1% Black, 0.6% Hispanic, 0.6% Asian/Pacific Islander and 0.4% American Indian).

5245 ______Federal Communications Commission______FCC 97-148

Further, both MyStar and the licensee of WPET(AM)/WKSI-FM could not demonstrate that their recruitment efforts were effective. Only 41 (6.7%) of the 611 applicants recruited by MyStar were minorities. Of the 361 applicants recruited by the licensee of WPET(AM)/WKSI-FM, 22 (6.1%) were minorities. Further, like the licensee of WPET(AM)/WKSI-FM, MyStar failed to maintain adequate records to permit meaningful self-assessment, and otherwise demonstrated a lack of effort in assessing the productivity of its EEO program. Thus, MyStar could provide the race and ethnicity for only 241 (39.4%) of its 611 applicants for full-time positions, while the licensee of WPET(AM)/WKSI-FM could provide such data for only 166 (46%) of its 361 applicants. The labor force of the market in which MyStar©s stations are located includes a slightly smaller percentage of minorities (13.3%) than that of the market in which WPET(AM)/WKSI-FM were located (19.7%). However, MyStar©s stations had more hiring opportunities (34 compared with 25). Therefore, we conclude that the issuance of a Notice of Apparent Liability in the amount of $12,000 and imposition of reporting conditions is appropriate. III. CONCLUSION

21. Upon review of the record, we find that no hearing is warranted. Accordingly, finding the licensee to be otherwise qualified, we will grant MyStar©s renewal applications. However, because MyStar failed to self-assess the effectiveness of its EEO efforts, we will issue a Notice of Apparent Liability for $12,000. Further, we will impose reporting conditions to monitor the stations© prospective EEO performance.

IV. ORDERING CLAUSES

22. Accordingly, IT IS ORDERED that Operation PUSH IS DISMISSED for lack of standing as a party to the petition to deny the instant renewal applications.

23. IT IS FURTHER ORDERED that the Petition to Deny filed by the National Rainbow Coalition with respect to the renewal applications for Stations WMYS(AM), WTPI(FM), and WZPL(FM) IS DENEED.

24. IT IS FURTHER ORDERED that the license renewal applications of MyStar Communications Corporation for Stations WMYS(AM), WTPI(FM), and WZPL(FM) ARE GRANTED subject to the 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 $12,000.

25. IT IS FURTHER ORDERED that the licensee of Stations WMYS(AM), WTPI(FM), and WZPL(FM) submit to the Commission an original and one copy of the following information on October 1, 1997, October 1, 1998, and October 1, 1999:

(a) Two lists divided by full-time and part-time job vacancies during the twelve months preceding September 1, 1997, for the first report, September 1, 1998, for the second report, and September 1, 1999, for the third report, indicating the job title and FCC job category, date of hire, the race or national origin, sex and the referral source of each applicant for

5246 ______Federal Communications Commission FCC 97-148

each job and the race or national origin and sex of the person hired. The list should also note what recruitment sources were contacted;7

(b) A list of employees as of the September 1, 1997, payroll period, for the first report, the September 1, 1998, payroll period, for the second report, and the September 1, 1999, payroll period, for the third report, by job title, indicating full-time or part-tune 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 for each position filled during each respective 12-month 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 information it believes relevant regarding the station©s EEO performance and its efforts thereunder.

26. The reports are to be filed with the Secretary of the Commission for the attention of the Mass Media Bureau©s EEO Branch.

27. IT IS FURTHER ORDERED, that copies of this Memorandum Opinion and Order and Notice of Apparent Liability be sent by Certified Mail - Return Receipt Requested to the National Rainbow Coalition, Operation PUSH and MyStar Communications Corporation.

-©a. With respect to the forfeiture proceeding, the licensee 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 the ability to pay should include those financial items set forth in the attachment.

FEDERAL COMMUNICATIONS COMMISSION

William F. Caton Acting Secretary

7 Such a list might start: (1) News Director; Officials and Managers; Full-time 3 Applicants: 1 White female A.W.R.T. 1 Hispanic male National Hispanic Media Coalition 1 Black female Urban League Sources contacted: Local newspaper, A.W.R.T., National Hispanic Media Coalition and Urban League. Selected: Hispanic male (10/19/96), National Hispanic Media Coalition.

5247