• Abstract and Figures
• Public Full-text

FCC 96-96 Federal Communicatiorts Commission Record 11 FCC Red No. 7 II. DISCUSSION Before the 3. NMP derived its factual allegations from the licensees' Federal Communications Commission license renewal applications. Review of the licensees' Washington, D.C. 20554 records led us initially to conclude that the NMP presented a prima f acie case against the two stations, demonstrating In re Applications of1 that unconditional grant of the renewal applications would have been inconsistent with the public interest. See Section Newport Broadcasting, Inc. 309(d)(l) of the Communications Act, as amended, 47 U.S.C. § 309(d)(l). Astroline Communications v. FCC, 857 For Renewal of License for F.2d 1556 (Astroline). Further inquiry was therefore neces­ sary. See Bilingual Bicultural Coalition on Mass Media, Inc. Station WADK(AM) File No. BR-901129VO v. FCC, 595 F.2d 621 (D.C. Cir. 1978). Newport, Rhode Island 4. However, subsequent review of NMP's EEO allega­ tions, as well as the licensees' renewal applications, opposi­ and tion and inquiry response, leads us to conclude that there are no substantial and material questions of fact warranting Perry Communications designation for hearing. In this regard, we find no evidence of Rhode Island, Inc. of employment discrimination. Thus, grant of the applica­ tion will serve the public interest. 47 U.S.C. § 309(d)(2); For Renewal of License for Astroline. Accordingly, we will grant renewal, but with appropriate remedies and sanctions because of the rule Station WOTB(FM) File No. BRH-901130VP violations detailed herein. Middletown, Rhode Island 5. Section 73.2080 of the Commission's Rules, 47 C.F.R. § 73.2080, requires that a broadcast licensee refrain from employment discrimination and establish and maintain an MEMORANDUM OPINION AND ORDER equal employment opportunity program reflecting positive AND NOTICE OF APPARENT LIABILITY and continuing efforts to recruit and promote qualified women and minorities. When evaluating EEO perfor­ Adopted: March 8, 1996; Released: March 29, 1996 mance, the Commission focuses on the licensee's efforts to recruit and promote qualified minorities and women and By the Commission: 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 present in the I. INTRODUCTION applicant pool. The Commission also focuses on any evi­ 1. The Commission has before it for consideration: (i) dence of discrimination by the licensee. See Sections license renewal applications for the captioned radio sta­ 73.2080 (b) and (c) of the Commission's Rules, 47 C.F.R. tions;2 (ii) an Informal Objection filed on March 13, 1991, §§ 73.2080 (b) and 73.2080 (c).4 3 by Northeast Media Partners ("NMP"); (iii) a Joint Op­ 6. Review of the licensees' renewal applications, inquiry position filed by the licensees; and (iv) the licensees' re­ response and opposition reveals that the stations had 22 sponse to a staff letter of inquiry. full-time hires, including 18 upper-level hires, during the 2. NMP argues that the Commission should require the period of March 31, 1989 through March 31, 1991. s The licensees to submit details with respect to licensees' inquiry response does not reveal the number of WADK/WOTB(FM)'s Equal Employment Opportunity vacancies for which the stations affirmatively ·recruited. (EEO) program with regard to minorities, and that NMP The licensees' records indicate, however, contact with the should have an opportunity to comment on the licensees' following recruitment sources during the review period: submission. The licensees contend that NMP has not dem­ three newspapers, job advertisements on the stations, em­ onstrated that it has a special interest in this or any EEO ployment agencies, and current employees. matters, and that it should be required to submit informa­ WADK/WOTB(FM) used one minority source during the tion regarding its ownership. Additionally, the licensees review period. argue that NMP did not present any allegations that the 7. The licensees did not provide information regarding licensees violated the Commission's EEO Rule. the number, race, and gender of the applicants and interviewees present in each pool. Instead, the licensees make general representations regarding applicant and interviewee data. The licensees claim to have attracted eight minorities among 150 applicants, and interviewed "at least" 1 Applications for assignment of license of WADK/WOTB(FM) entities.). are currently pending (BAL-9510 I9GE, BALH-9510 IlJGF). 3 NMP is a partnership of individuals dedicated to improving 2 Although licensed to separate licensees and communities, the the standards of broadcasting in the northeastern United States. stations are commonly owned and operate as one employment 4 The licensees are reminded that under our EEO Rule 47 unit. See Alabama/Georgia Broadcast Stations, 95 FCC 2d. I. 5, C.F.R. § 73.2080, they have an obligation to recruit for females n.10 (1983) (In certain circumstances it is appropriate to treat and minorities for each vacancy. To the extent that a licensee the stations as one unit for EEO purposes rather than separate fails to do so, female. as well as minority, recruitment is af­ fected. 5 The license term under review expired on April I, 1991. 3624 11 FCC Red No. 7 Federal Communications Commission Record FCC 96-96 two minorities among 100 interviewees. The licensee hired 10. The licensees assert that NMP should be required to one minority, a Black male, during the period under re­ provide details as to whether its principals have any owner­ view. This minority was hired for an upper-level vacancy. ship interest in or connection with a broadcast station, and The stations also promoted an American Indian from a whether NMP has any connection with the licensees' ser­ part-time to a full-time position.6 vice areas. Further, the licensees argue that while certain 8. The licensees indicate that after the license term ex­ communities in Newport County are located in an MSA, pired, the stations "attempted to recruit" two Black males the cities of license for Stations WADK/WOTB(FM) are for upper-level jobs, but could not meet their salary de­ not in any MSA. In addition, the licensees state that the mands. The licensees do not state that they made offers of studios for WADK/WOTB(FM) are located in Newport employment to the Black males. Post-term EEO perfor­ County. mance, however, is not considered in the Commission's 11. The licensee's argument that NMP has not dem­ evaluation of a licensee's EEO record during the license onstrated an interest in EEO matters, and that NMP term if that record, standing alone, is so deficient that it should provide information concerning its ownership inter­ would merit sanction. See Rust Communications, Inc., 73 est warrants no further consideration. Our rules do not FCC 2d 39, 53 (1979). Accordingly, we will not consider require any such showing. We find that NMP has complied the licensees' post-term efforts because, as we state infra, we with the procedures for filing an informal objection. See find that the licensees' EEO record during the license term Section 73.3587 of the Commission's Rules, 47 C.F.R. § warrants a sanction. 73.3587. 9. In its Informal Objection, NMP notes that the li­ 12. The licensees are correct in stating that the stations censees' renewal applications state that minorities consti­ should be evaluated using Newport County data. However, tute less than 5% of the Newport County labor force. NMP the data on which they relied for Newport County were contends that the appropriate labor force data for the sta­ erroneous. See paragraph 20. The stations' cities of license tions are for the Providence, Rhode Island Primary Metro­ are located in Newport County and not within an MSA. politan Statistical Area (PMSA) and/or the Further, the studios are located in Newport County. There­ Providence-Pawtucket-Fall River, Rhode Island-Massachu­ fore, we will use labor force data for Newport County to setts Consolidated Metropolitan Statistical Area (CMSA). assess WADK/WOTB(FM)'s EEO efforts. See Amendment Specifically, NMP claims that the Jamestown portion of of Part 73 of the Commission's Rules Concerning Equal Newport County is in the Providence, PMSA, and the Employment Opportunity in the Broadcast Radio and Televi­ Little Compton and Tiverton portions of Newport County sion Services, 2 FCC Red 3967, 3973 (1987) (EEO Order). 7 are in the Providence Pawtucket-Fall River, CMSA. The 13. Our review of the record discloses no substantial and labor force for the Providence MSA is 4.7% minority, and material questions of fact warranting designation for hear­ the labor force for the Providence-Pawtucket-Woonsocket ing. See Astroline. The licensees attracted minority appli­ 8 MSA is 4.8% minority. NMP contends that the Commis­ cants and hired minorities during the license term. sion should require the licensees to provide information Therefore, renewal is in the public interest. regarding the stations' recruitment efforts regarding minor­ 14. However, we find WADK/WOTB(FM)'s overall ities. recruitment efforts deficient because the stations did not maintain records documenting recruitment or identifying the composition of its applicant and interview pools. As a 6 WADK/WOTB(FM) is located in Newport County, Rhode The licensees state that the Black employee hired during the Island, which has a labor force of 4.:\.6% females, and 5.6% review period was originally from Cape Verde Island off the minorities (3.6% Black, 1.3% Hispanic, .-l% Asian/Pacific Is­ coast of Africa. The stations indicate that when the employee lander, and .3% American Indian). From 1985 through 1987, was hired in 1990, he did not want to be identified as Black.

Load more

  4

Copy Link