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DA 94-713 Federal Communications Commission Record 9 FCC Red No. 14 Broadcasting of Northern California, et al., FCC 94-106 Before the (released April 28, 1994). Accordingly, Mr. Naylor lacks Federal Communications Commission standing to petition the assignment application and his Washington, D.C. 20554 pleading will be treated as an informal objection in accor dance with 47 C.F.R. § 73.3587. 4. Furthermore, based on our review of the informal In re Application of objection, we conclude that Mr. Naylor did not raise spe cific allegations of discrimination or violation of our EEO Faircom File No. BALH-9401L4GH Rule, 47 C.F.R. § 73.2080, sufficient to show that a grant Southampton, Inc. of the application would be prima facie inconsistent with the public interest, as required by 47 U.S.C. § 309(d)(l). See Astroline, supra. See also Applications of Heritage-Wis For Assignment of License of consin Broadcasting Corp., et al., 8 FCC Red 5607 (1993) Station WHFM(FM) (WEMP/WMYX-FM); Dubuque T.V. Limited Partnership, 4 Southampton, New York FCC Red 1999 (1989). First, he offers no evidence to support his allegations of discrimination. Liberty's inquiry into his race and referral source without an interview do MEMORANDUM OPINION AND ORDER not, standing alone, raise a question or issue of discrimina tion. Even if taken as true, these allegations do not con Adopted: June 17, 1994; Released: July 5, 1994 stitute a violation of our EEO Rule. See Citizens for Jazz on WRVR v. FCC, 775 F.2d 392, 397 (D.C. Cir. 1985). By the Chief, Mass Media Bureau: Second, Mr. Naylor's EEO allegations against Liberty for actions taken at WGBB(AM)/WBAB-FM from 1985 to 1993 are based entirely on a period that is prior to Li I. INTRODUCTION berty's April 1, 1993, acquisition of the stations. Such 1. The Bureau has before it for consideration: (i) an activities, therefore, have no bearing on Liberty's qualifica application for assignment of license of Station tions. WHFM(FM), Southampton, New York, (File No. BALH- 940114GH) from Faircom Southampton, Inc. to Liberty Broadcasting of New York, Inc. (Liberty); (ii) a pleading IV. CONCLUSION styled as a petition to deny the above-referenced applica 5. After reviewing all of the above, we find that the tion filed by David Naylor on February 14, 1994; (in) an informal objection filed by David Naylor failed to show opposition filed by the assignee; and (iv) a reply to the why grant of the assignment would be prima facie inconsis opposition filed by Mr. Naylor. tent with the public interest. He failed to show that Liberty Broadcasting of New York, Inc. discriminated against him at its station in Babylon, New York, or that Liberty vio II. PLEADINGS lated the EEO Rule in its hiring practices. Consequently, 2. In his pleading, Mr. Naylor states that he is a member we will dismiss Mr. Naylor's informal objection and grant of the NAACP and the National Black Media Coalition the assignment application. and has experience in radio and communications generally. He states that he applied for openings for which he was qualified at WBAB-FM in May and August 1993. He fur V. ORDERING CLAUSES ther states that Liberty sent him a letter each time indicat 6. Accordingly, IT IS ORDERED that the informal ob ing that the position for which he applied was filled and jection filed by David Naylor IS DISMISSED. requested he send back a form identifying his race and 7. IT IS FURTHER ORDERED that the assignment referral source, which he states that he did. Because it application between Faircom Southampton, Inc. and Li rejected him for both jobs without an interview, Mr. berty Broadcasting of New York, Inc. for WHFM(FM) IS Naylor believes and argues that Liberty discriminated GRANTED. against him because he is Black. In addition, attached to 8. This action is taken pursuant to delegated authority his pleading are forms he states are copies of Annual under Section 0.283(b)(l) of the Commission's Rules, 47 Employment Reports for 1985 to 1993 filed jointly by C.F.R. § 0.283(b)(l). Pursuant to Section 73.3526 of the WGBB(AM) and WBAB-FM. He argues that the forms Commission's Rules, 47 C.F.R. § 73.3526, WHFM(FM) is indicate that WGBB(AM)/WBAB-FM have employed so required to place this Memorandum Opinion and Order in few minorities relative to their presence in the labor force its public file. that they have inadequate EEO programs. Consequently, 9. The Mass Media Bureau will send by Certified Mail — he requests that the assignment of WHFM(FM) to Liberty Return Receipt Requested — one copy of this Memoran be denied. dum Opinion and Order to all parties. Should they have any questions regarding this action they may call the Mass Media Bureau's EEO Branch at (202) 632-7069. III. DISCUSSION 3. Mr. Naylor has failed to establish party-in-interest status because he failed to file an affidavit with his pleading indicating that he is either a listener of or resident of the service area of WGBB(AM)AVBAB-FM. See 47 U.S.C. § 309(d)(l); Astroline Communications Co. v. FCC, 857 F.2d 1556 (D.C. Cir. 1988); Applications of Commonwealth 3128 9 FCC Red NO. 14 Federal Communications Commission Record DA 94-713 FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau 3129.