5 FCC Red No. 16 Federal Communications Commission Record FCC 90-227 
Before the 
Federal Communications Commission 
Washington, D.C. 20554 
In re 
Applications of Certain 
Broadcast Stations 
Serving Communities in the 
Miami, Florida Area 
MEMORANDUM OPINION AND ORDER 
AND NOTICE OF APPARENT LIABILITY 
Adopted: June 13, 1990; Released: August 10, 1990 
By the Commission: Commissioner Quello concurring 
in the result; Commissioner Marshall not participating 
with respect to Station WNWS(AM)/WKYF(FM), Miami, 
Florida. 
1. The Commission has before it (i) a "Petition to 
Deny" filed January 3, 1989, by the National Black Media 
Coalition, the Florida State Conference of Branches of the 
NAACP, and various local branches of the NAACP (here­
after collectively referred to as "NAACP/NBMC") against 
renewal applications filed by stations licensed to commu­
nities in the State of Florida; (ii) a "Petition to Deny" 
filed by the National Hispanic Media Coalition and the 
Spanish American League Against Discrimination (here­
after collectively referred to as "NHMC/SALAD");1 (iii) 
oppositions filed by the licensees; (iv) the licensees' re­
sponses to staff letters of inquiry; and (v) the petitioners' 
comments on the licensees' responses. Petitioners allege 
that the challenged stations violated the Commission's 
EEO rules and policies. Accordingly, they request that we 
investigate the stations' employment practices and des­
ignate the renewal applications for hearing. This Memo­
randum Opinion and Order and Notice of Apparent 
Liability (Order) will discuss petitioners' allegations re­
garding some of the petitioned stations. Other stations will 
be included in future Orders.2 
2. PROCEDURAL MATTERS. In challenging an ap­
plication pursuant to Section 309 (d) of the Communica­
tions Act, a petitioner must demonstrate party in interest 
status. In addition. a petitioner must, as a threshold mat­
ter, 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
munications Co. v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) 
(Astroline); Dubuque T. V. Limited Partnership, 4 FCC Red 
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). 
1. The licensees of WMMK(FM) and WL VU/ 
WL VU(FM) challenge NAACP/NBMC's standing to file 
the petition. The licensee of WMMK contends that the 
form declarations filed by the local chapters of the 
NAACP are insufficient to establish standing and notes 
that neither WMMK nor the licensee is specifically men-
tioned in any of the statements accompanying the peti­
tion. Initially, we note that the declarations filed by the 
NAACP contain information sufficient to establish or­
ganizational standing for purposes of filing a petition. 
American Legal Foundation v. FCC, 808 F.2d 84 (1987). 
Nonetheless, NAACP/NBMC did not file its declaration 
regarding WMMK with the petition but instead filed it on 
February 21, 1989, forty-nine days late, without providing 
cause for its untimeliness. In Florida Broadcast Renewals, 
3 FCC Red 1923 (1988), we stated that failure to comply 
with our procedural rules would not be countenanced. 
Accordingly, we will treat NAACP as an informal objec­
tor with respect to WMMK(FM). 
4. The licensee of WLVU/WLVU(FM) contends that 
NAACP/NBMC lacks standing because the signatory of 
the affidavit submitted by NAACP regarding its stations 
lives outside of the stations' service area. NAACP submits 
a declaration under penalty of perjury from Whitfield 
Jenkins, President of the Marion County Branch of the 
NAACP, Leesburg, Florida. who states that he is a listener 
of the stations. In evaluating a petition to deny the re­
newal of a broadcast license. the Commission proceeds 
"on the assumption that the specific facts set forth [in the 
petition] are true." Citizens for Jazz on WRVR v. FCC, 
775 F.2d 392, 397 (D.C. Cir. 1985). Because the licensee 
does not present evidence that the signatory is not a 
listener of WLVU/WLVU(FM), we find that NAACP has 
standing regarding those stations. 
5. Next. we note that NBMC submitted a timely state­
ment from Pluria Marshall, Chairman of the NBMC. Mr. 
Marshall is, however, a resident of the Washington. D.C. 
metropolitan area. The Commission has previously held 
that statements of Mr. Marshall, who is a member of 
NBMC but does not claim to be a listener or a resident of 
the service area of the challenged stations, does not satisfy 
the requirements of the Act. See Michigan/Ohio Broadcast 
Renewals, 3 FCC Red 6944 ( 1988); see also KDEN Broad­
casting Co., 55 Rad.Reg. 2d (P&F) 1311. 1311-1312 
(1984). Accordingly, NBMC lacks standing to petition any 
of the stations in question. We will treat its pleading 
against the challenged stations as an informal objection. 
6. Finally, NHMC/SALAD timely filed a joint "Petition 
to Deny" against WNWS/WL YF(FM) accompanied by the 
affidavit of Osvaldo N. Soto, a resident of the stations' 
service area. While Mr. Soto's affidavit states that he is 
Chairman of SALAD, it indicates that he is not a member 
of NHMC but has applied for admission. To establish 
associational standing, an organization must submit the 
statement of one of its members who would otherwise 
have standing to sue in his or her individual capacity. See 
American Legal Foundation, supra, at 89; Petition for Rule 
Making to Establish Standards for Determining the Standing 
of a Party to Petition to Deny a Broadcast Application, 82 
FCC 2d 89, 96 (1980) (citing Warth v. Seldin, 422 U.S. 
490, 511 (1975)). Accordingly, we will treat SALAD as a 
petitioner but NHMC as an informal objector. 
4893 
7. PLEADINGS. Petitioners charge that the EEO record 
of each station reveals that the licensee has not complied 
with the Commission's EEO Rule, 47 C.F.R. Section 
73.2080. Petitioners contend that each of the stations 
hired few, if any, minorities throughout their respective 
license terms, failed to have meaningful EEO programs, 
and failed to recognize or propose steps to correct defi­
ciencies. Petitioners therefore request that the Commis­
sion investigate the EEO policies of the challenged 
stations pursuant to Bilingual Bicultural Coalition on the 
FCC 90-227 Federal Communications Commission Record 5 FCC Red No. 16 
Mass Media, Inc. v. FCC, 596 F. 2d 621 (D.C. Cir. 1978) 
(Bilingual). Petitioners allege that each application should 
be designated for an evidentiary hearing and subsequently 
denied. 
8. The licensees maintain that petitioners have failed to 
present evidence of noncompliance with the Commis­
sion's Rules or policies sufficient to warrant inquiry. They 
therefore request unconditional renewal of their licenses. 
9. DISCUSSION. Section 73.2080 of the Commission's 
Rules, 47 C.F.R. Section 73.2080, requires that a broad­
cast licensee refrain from employment discrimination and 
establish and maintain an affirmative action program re­
flecting positive and continuing efforts to recruit, employ, 
and promote qualified women and minorities. When eval­
uating EEO performance at renewal time, the Commis­
sion 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. The latter 
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 a licensee. 47 C.F.R. Sections 73.2080 
(b), 73.2080 (c). 
10. When the renewal application indicates an adequate 
record of EEO efforts. it is granted, if otherwise appro­
priate. If the application indicates an inadequate record of 
EEO efforts, the Commission may impose a variety of 
sanctions and remedies, such as reporting conditions, the 
submission of a modified EEO program, renewal for less 
than a full term, monetary forfeiture, or a combination 
thereof. Further, if substantial and material questions of 
fact exist or if we otherwise cannot find that grant of the 
application would be consistent with the public interest, 
we may designate the application for hearing if the facts 
so warrant. 47 U.S.C. Section 309 (e); Amendment of Part 
73 of the Commission's Rules Concerning Equal Employ­
ment Opportunity in the Broadcast Radio and Television 
Services, 2 FCC Red 3967 (1987) (Broadcast EEO Report 
and Order), petition for reconsideration pending; see 4 FCC 
Red 1715 (1989) (request for clarification by National 
Association of Broadcasters). See also Beaumont Branch of 
the NAACP and the National Black Media Coalition v. 
FCC, 854 F.2d 501 (D.C. Cir. 1988) (Beaumont); Bilingual, 
supra. 
11. Review of each licensee's EEO record leads us to 
conclude that petitioners have presented a prima facie case 
against each challenged station. so that unconditional 
grant of the applications for renewal would be inconsis­
tent with the public interest. Astroline, supra. Each sta­
tion's records evidenced an EEO program which reflected 
inadequate EEO efforts. 3 Further inquiry was therefore 
necessary. See Beaumont Branch of the NAACP v. FCC, 
supra; Bilingual - Bicultural Coalition, supra. 
12. Upon analysis of each licensee's opposition and 
response to our inquiry, we conclude that no substantial 
and material questions of fact remain so as to indicate 
that any of the licensees discriminated. Astroline, supra. 
Accordingly, designation for hearing is not warranted for 
any of the stations covered by this Order. While we find 
that grant of the renewal applications will serve the public 
interest, we will impose sanctions and prospective reme­
dies as detailed herein. 
4894 
WNWS/WLYF (FM), Miami 
13. In response to our letter of inquiry, the licensee 
indicated that it had 56 overall and 40 upper-level hiring 
opportunities from October 1985 until October 1, 1988. 
The recruitment sources contacted for some of these posi­
tions included the Miami Herald, El Nuevo, Miami 
Norland Senior High School, the University of Miami, 
Barry College, Miami Dade Community College, Miami 
Lakes Technical College, Florida International University, 
Lindsley Hopkins Educational Center, Bauder College, 
the Urban League, the National Organization for Women, 
the Latin Chamber of Commerce, American Women in 
Radio and TV, Overtown Response Center and Jobs Pro­
gram, the Cuban Women's Club, the Coalition of His­
panic American Women, and the National Black Media 
Coalition.4 The licensee was able to provide applicant 
pool information for only 14 of the 56 full-time hires.5 
Twenty-one of the 56 overall hirees were minorities (19 
Hispanics, two Blacks), as were nine of the 40 upper-level 
hirees (eight Hispanics, one Black).6 
14. NHMC/SALAD alleges, based on statistical disparity, 
that the licensee engaged in intentional discrimination 
against Hispanics. NHMC/SALAD also assert that the His­
panic population of the Miami area has increased signifi­
cantly since the 1980 census. NBMC/NAACP argue that 
licensee discriminated against minority males. They note 
that the stations employed no males out of 11 minorities 
in 1988 and only one male out of 12 minorities in 1987. 
The licensee responds that specific minority groups 
should be considered only when that group constitutes 
virtually all of the minorities in the relevant MSA. As a 
result, the licensee contends, the Commission should con­
sider its employment of minorities overall rather than its 
employment of individual minority groups. 
15. Because Blacks and Hispanics each constitute sub­
stantial portions of the Miami labor force ( 15.3% and 
37.8%, respectively), both groups are entitled to individ­
ual review. Nonetheless. failing to meet the Commission's 
processing guidelines does not in and of itself demonstrate 
the inadequacy of a licensee's EEO efforts. See, e.g., Ca­
tawba Valley Broadcasting Co., 3 FCC Red 1913, 1913 
(1988) (the guidelines are not quotas which, if not at­
tained, warrant Commission sanction). The Commission 
instead focuses on a station's overall efforts to recruit, 
hire, and promote minorities. 
16. Moreover, the Court of Appeals has held that a 
statistical disparity, in the absence of a languishing EEO 
program, is not sufficient to substantiate an allegation of 
intentional discrimination. Bilingual, supra, at 629. Ac­
cordingly, we find that NHMC/SALAD do not allege facts 
sufficient to support its claim of intentional discrimina­
tion against Hispanics. Nor have NAACP/NBMC substan­
tiated its claim of discrimination against minority males. 
17. Based on the foregoing, we find no substantial and 
material question of fact to warrant a hearing. Nor do we 
believe that other sanctions or remedies are necessary. 
The licensee of WNWS/WL VU appears to have made 
consistent efforts to recruit minorities, and in fact at­
tracted and hired some minority applicants during the 
license term. Because we find that the licensee has gen­
erally complied with our EEO Rule, we will grant re­
newal without further action. We admonish the licensee, 
however, to retain more adequate records of its future 
EEO efforts. 
S FCC Red No. 16 Federal Communications Commission Record FCC 90-227 
WMMZ (FM), Ocala 
18. In response to our letter of inquiry, the licensee 
indicated that it had 32 overall and 31 upper-level full­
time hiring opportunities from July 1986 through Octo­
ber 1988.1 The recruitment sources contacted for some of 
these positions included the Orlando Sentinel, Broadcasting 
(trade publication), the Florida Times-Union, Radio and 
Records, the Ocala Star-Banner, the Gainesville Sun, Ad 
Week, the Daily Commercial, on-air advertisements, Cen­
tral Florida Community College, the University of Flor­
ida, Brown Institute, Bauder College, NAB Employment 
Clearing, National Broadcast Talent, and Florida Employ­
ment Service. The licensee also contacted employment 
agencies and participated in employment seminars.8 The 
information submitted by the licensee indicates that 26 of 
the 119 interviewees for the 32 vacancies were minorities. 
One of the 32 hirees was a minority, a Hispanic female 
reporter9 who was recruited from the station ·s former AM 
affiliate. 10 In addition, a Black female receptionist was on 
the station ·s staff when the licensee acquired the station 
and was promoted to office manager in June 1988. The 
licensee also notes that it hired a Black female newscaster 
in January 1989 before the license term expired, but after 
the renewal application and petition to deny were filed. 
19. NAACP/NBMC submit that WMMZ contacted no 
sources likely to refer minority applicants during the 
license term and that the station has employed no minor­
ities in upper-level positions since it acquired the station. 
The licensee states that because it believed that only local 
organizations qualified as recruitment sources, it did not 
seek referrals from minority organizations because there 
are none in Ocala. The licensee asserts, however, that it 
has used sources outside of Ocala likely to attract minor­
ities in its recent hiring efforts.u 
20. Based on the fact that the licensee did in fact attract 
and hire some minority applicants, we find no substantial 
and material question of fact to warrant a hearing. We 
find the EEO record of this licensee comparable to that 
of the licensee of KVII-TV as set out in Application of 
Certain Broadcast Stations Serving Communities in the State 
of Texas, 4 FCC Red 6685 ( 1989) (KVII). In KVII, we 
granted renewal subject to reporting conditions where the 
licensee's only apparent attempt to recruit minorities was 
contact with the NAACP during the last year of the 
license term. We found that KVII did not assess its EEO 
efforts until the end of the license term. During the last 
two years of the license term, KVII hired two minorities 
of 17 hiring opportunities in an area which is 13.5% 
minority. 
21. Similarly, WMMZ evidences limited effort to attract 
minorities and does not appear to have evaluated its EEO 
program until the end of the license term. For example, 
although the licensee attracted 26 minority interviewees 
for 32 positions from general sources, it does not know 
whether any of the interviewees were Black, the dominant 
minority in the labor force. In addition, during the last 
two years of the license term, WMMZ hired no Blacks 
out of 32 hiring opportunities. Given all of the above, it 
does not appear that WMMZ either made specific efforts 
to recruit Blacks or was in a position to self assess the 
effectiveness of its program. Accordingly, while we find 
that granting the licensee's application for renewal will 
serve the public interest, we also find it appropriate to 
impose reporting conditions to ~~1onitor future perfor­
mance. 
4895 
WQAMJWKIS (FM), Miami/Boca Raton 
22. In response to our letter of inquiry, the licensee 
indicated that it had 78 overall and 56 upper-level full­
time hiring opportunities from February 1985 12 through 
October 1, 1988. The recruitment sources contacted for 
some of these positions included the Fort Lauderdale News 
& Sun Sentinel, the Hollywood Sun-Tattler, the Miami 
Herald, Radio and Records, Brown Institute, Northeast 
Broadcasting, Sheridan Vocational, FlU, the University of 
Miami, Miami Lakes Technical Education Center, Bauder 
College, the Black Media Coalition, the NAACP, and Jobs 
for Miami. 13 The licensee did not track the number, 
gender, race, and recruitment sources of interviews for 
each position but notes that it has recently begun to do 
so. Of the 78 overall hirees, two were Black and five were 
Hispanic. 14 
23. NAACP/NBMC submit that although the stations 
claim to use several minority-oriented recruitment 
sources, no minorities were referred by any of those 
sources during the renewal year. 15 The licensee responds 
that it has made consistent and successful efforts to re­
cruit, hire, and promote minorities. The licensee notes 
that it has received minority referrals from existing em­
ployees and a local newspaper. A declaration accompany­
ing the licensee's opposition states that "[a]lthough we 
have no explanation for why educational institutions and 
minority and women's organizations in the Miami area 
were not receptive to our notices of job openings ... it is 
a fact that WKIS/WQAM are receiving an adequate num­
ber of minority candidates for jobs as they occur."16 
24. Based on the foregoing, we find no substantial and 
material question of fact to warrant a hearing. The li­
censee's record indicates some effort to recruit minorities, 
and the licensee did in fact hire minorities in both upper­
level and lower-level positions. The licensee did not, how­
ever, retain applicant information until after the license 
term expired. Such records are essential to effective self­
assessment. We find this case similar to cases in which we 
have granted renewals subject to reporting conditions. See, 
e.g., Application of Certain Broadcast Stations Serving Com­
munities in the State of Florida, 3 FCC Red 1930 ( 1988); 
Applications of Certain Broadcast Stations Serving Commu­
nities in Michigan and Ohio, 3 FCC Red 6944 (1988); 
Application of Greater New Orleans Educational Television 
Foundation, 3 FCC Red 1923 ( 1988); Station WFBR, 3 
FCC Red 5913 (1988). In those cases, reporting conditions 
were ordered because we determined, inter alia, that the 
licensees generally did not maintain records sufficient to 
achieve self-assessment of the effectiveness of their EEO 
programs. Accordingly, while we find that granting the 
licensee's application for renewal will serve the public 
interest, we also find it appropriate to impose reporting 
conditions to monitor future performance. 
WOLL (FM), Riviera Beach 17 
25. In response to our letter of inquiry, the licensee 
indicated that it had 44 overall and 34 upper-level full­
time hiring opportunities between October 1, 1984 and 
October 1, 1988.18 The recruitment sources contacted for 
some of these positions included the Palm Beach Post, the 
Fort Lauderdale News & Sun Sentinel, Florida Atlantic 
University, Palm Beach Junior College, Florida A & M 
University, the Northwood Institute, the NAACP, the Ur­
ban League, the Community Action Council, and 
Westboro Business and Professional Women's Club. The 
licensee states that it believes that advertisements were 
FCC 90-227 Federal Communications Commission Record 5 FCC Red No. 16 
placed in Broadcasting and Radio and Records for all 
on-air positions, although it is unable to document these 
contacts. 19 The licensee did not keep track of the 
recruitment sources of the successful candidates, nor did 
it retain records regarding the number, race, gender, and 
recruitment sources of interviewees. The licensee states 
that such records most likely had been retained but were 
probably lost when the station changed general managers 
in the fall of 1988. The licensee also notes that it had 
little success in its attempts to contact former employees 
who could supply the missing information. 20 Of the 44 
overall hirees, two were Black. None of the 34 upper­
level hirees was a minority.21 
26. Based on the foregoing, we find no substantial and 
material question of fact to warrant a hearing. The li­
censee engaged in some recruiting of minorities. We find, 
however, that WOLL(FM)'s EEO record is similar to that 
of the licensee in Stations WLIT IWYAV-FM, Conway, SC, 
4 FCC Red 5214 (1989) (WLIT/WLAV). In WLIT !WYAV, 
we imposed reporting conditions and. $3000 forfeiture 
where the licensee maintained limited documentation of 
recruitment efforts but stated that it affirmatively recruit­
ed for 16 of 36 full-time positions during the license term 
in an area which is 19.4% minority ( 17.9% Black). Only 
one of those 16 applicant pools included Blacks. Three of 
the 36 hirees were Black, all hired two weeks prior to the 
licensee's filing of its renewal application. Like 
WLIT/WLA V. WOLL did not retain records essential to 
effective self-assessment. For example, the extent to which 
Blacks were recruited and included in the 44 applicant 
pools is unclear from the licensee's records. Of those 44 
hirees, two were minorities. both Black, in an area which 
is 20.2% minority ( 13.8% Black). Accordingly, while we 
find that granting the application for renewal of license 
will serve the public interest, we also find it appropriate 
to impose reporting conditions to monitor future perfor­
mance as well as a Notice of Apparent Liability for For­
feiture in the amount of $3.000. 
WPFM (FM), Panama City 
27. In response to our letter of inquiry, the licensee 
indicated that it had 29 overall and 22 upper-level full­
time hiring opportunities from November 1983, when it 
acquired the station, through October 1, 1988.22 The 
recruitment sources contacted for some of these positions 
included the Panama Citv News Herald, Gulf Coast Com­
munity College, the Pilot Club of Panama City, the Flor­
ida State Employment Office, and the Women's Club of 
Panama City. 23 The licensee also advertised on-air and 
solicited referrals from existing employees. During the 
license term. the licensee's contacts with its recruitment 
sources were not predicated on a specific job vacancy. The 
licensee also did not retain interviewee information for 
each position and does not appear to have assessed its 
EEO program until the end of the license term. Lastly, 
we note that two of the 29 new hires were Blacks hired 
for lower-level positions, and one was an American In­
dian hired for an upper-level position. 
28. We find WPFM(FM)'s record similar to that of the 
licensee in Stations WOOl!WOOl-FM, 4 FCC Red 6178 
( 1989) (WOOl). In WOOl, the licensee failed to recruit 
minorities as vacancies occurred. Until the end of the 
license term, WOOJ's recruitment efforts were limited to 
an annual mass mailing which did not list specific job 
openings. Of 35 full-time hiring opportunities during the 
license term in an area where minorities constitute 10.4% 
4896 
of the labor force, WOOJ hired no minorities. The Com­
mission granted renewal subject to reporting conditions 
and a $15,000 forfeiture. Like WOOJ, WPFM maintained 
general contact with its recruitment sources but did not 
advise them of specific job openings. Moreover, WPFM 
made no attempt to remedy its EEO program until after 
the license term had expired. Although WPFM hired 
three minorities (two Blacks and one American Indian) 
among those selected for the 29 hiring opportunities dur­
ing the license term in an area which is 12.8% minority 
(9.9% Black), the last full-time minority hire was in 1985. 
Accordingly, while we find no substantial and material 
question of fact to warrant a hearing, we find it appro­
priate to impose reporting conditions to monitor future 
performance as well as a Notice of Apparent Liability for 
Forfeiture in the amount of $15,000. 
WTRS/WTRS-FM, Dunnellon 
29. In response to our letter of inquiry, the licensee 
indicated that it had approximately 37 overall and 34 
upper-level full-time hiring opportunities24 from October 
1, 1984, through October 1, 1988.25 The recruitment 
sources contacted for some of these positions included the 
Ocala Star Banner, Broadcasting, Central Florida Commu­
nity College, and the University of Florida. 26 Two of the 
3 7 hirees were minorities, both Black female receptionists 
recruited through employment agencies, one in 1985 and 
one in 1988.27 Only the 1988 receptionist vacancy pro­
duced minority applicants. 
30. NAACP/NBMC submit that WTRS/WTRS-FM have 
not reported the use of any minority recruitment sources. 
The licensee responds that it routinely contacts the 
sources listed in its EEO program as well as other agen­
cies that are likely to refer minority candidates. The li­
censee adds that its annual employment reports "do not 
accurately portray [the stations'] minority employment 
records because the timing of employee departures and 
hirings prevents them from being included in the re­
ports." The licensee further submits that Dunnellon is not 
easily accessible to the main population center in the 
MSA, and notes that the stations' workforce is small.28 
31. We find the EEO record of WTRS/WTRS-FM simi­
lar to that of the licensee in Stations WBBEIWMGB (FM), 
4 FCC Red 8255 (1989) (WBBE). In WBBE, we granted 
renewal subject to reporting conditions and an $18,000 
forfeiture where the licensee had an unproductive EEO 
program which it made no attempt to remedy until the 
end of the license term. WBBE periodically contacted one 
minority-oriented source, the Lexington Urban League, 
without mentioning specific job openings. WBBE/WMGB 
hired one full-time Black of 53 full-time hiring opportu· 
nities during the license term in an area which is 9.2% 
Black. Although WTRS/WTRS-FM attracted few minority 
applicants during the license term, it made no attempt to 
contact minority-oriented recruitment sources. Moreover, 
WTRS/WTRS-FM does not appear to have engaged in self­
assessment of its EEO efforts until the end of the license 
term. During the license term, WTRS/WTRS-FM hired 
two Blacks of 37 hiring opportunities in an area which is 
14.6% Black. Accordingly, while we find no substantial 
and material question of fact to warrant a hearing, we 
find it appropriate to impose reporting conditions to 
monitor future performance as well as a Notice of Appar· 
ent Liability for Forfeiture in the amount of $18,000. 
5 FCC Red No. 16 Federal Communications Commission Record FCC 90-227 
Station WMMK (FM), Destin 
32. In response to our letter of inquiry, the licensee 
indicated that it had 16 overall and 15 upper-level full­
time hiring opportunities from October 1, 1984, through 
October 1, 1988.29 The recruitment sources contacted for 
these positions included the Playground Daily lVews, the 
Destin Log, Okaloosa-Walton Junior College, Yo-Tech 
School, the American Business Womens Association, and 
general employment agencies.30 The licensee did not re­
tain records of the number, race, gender, or recruitment 
sources of interviewees. None of the 16 hirees was a 
minority. 31 
33. NAACP/NBMC submit that the licensee's EEO pro­
gram reflects no minority hires or referrals, and no con­
tact with sources likely to refer minorities. In opposition, 
the licensee asserts that some employment reports it filed 
during the license term contained several errors which 
caused it to overstate the station's total workforce.32 The 
licensee attributes the lack of minorities on its staff to the 
small number of minorities in the area, the difficulty in 
making a ten-mile commute from Fort Walton Beach, 
and the station's small workforce. The licensee also notes 
that it has used daily news feeds since 1985 from a Black 
reporter who works at another station in the area. 
34. We find WMMK(FM)'s EEO record similar to that 
of the licensee in Stations WOOl!WOOl-FM. 4 FCC Red 
6178 ( 1989) (WOOl). In WOOl, the licensee failed to 
recruit minorities as vacancies occurred. Until the end of 
the license term, WOOJ's recruitment efforts were limited 
to an annual mass mailing which did not list specific job 
openings. Of 35 full-time hiring opportunities during the 
license term in an area where minorities constitute 10.4% 
of the labor force, WOOJ hired no minorities. The Com­
mission granted renewal subject to reporting conditions 
and a $15,000 forfeiture. Similarly, WMMK attracted no 
minorities yet made no attempt to contact sources likely 
to produce minority applicants. It also appears that 
WMMK did not evaluate the progress of its EEO program 
until the license term had expired. Had it done so, it 
would have discovered the aforementioned errors in its 
Annual Employment Reports. WMMK hired no minor­
ities during the license term despite 16 opportunities in 
an area which is 9.8% minority. Accordingly, while we 
find no substantial and material question of fact to war­
rant a hearing, we find it appropriate to impose reporting 
conditions to monitor future performance as well as a 
Notice of Apparent Liability for Forfeiture in the amount 
of $15,000. 
WGUL/WGUL-FM, New Port Richey 
35. In response to our letter of inquiry, the licensee 
indicated that it had 14 overall and 13 upper-level full­
time hiring opportunities from the time it acquired 
WGUL-FM in April 1985 through October 1, 1988.33 The 
recruitment sources contacted for these positions included 
the St. Petersburg Times, Radio and Records, Pasco­
Hernando Community College, St. Petersburg Junior Col­
lege, the NAACP, NOW, FACE Learning Center, and the 
Urban League. 34 The licensee notes, however, that it had 
no formal EEO program prior to August 1988 and in­
stead recruited via general employment agencies, news­
papers, and over the air. Most of the applicants were 
recruited through newspaper advertisements or were 
walk-ins. Of 35 interviewees for the 14 positions, none 
was a minority. In December 1988, just prior to the end 
4897 
of the license term, the licensee hired a Hispanic an­
nouncer; it appears that he was hired part-time and was 
later promoted to full-time status. 35 
36. Based on the foregoing, we find no substantial and 
material question of fact to warrant a hearing. Unlike 
Beaumont, supra, in which designation for an evidentiary 
hearing was required, the record of WGUL'WGUL-FM 
does not suggest a sudden, simultaneous departure of 
minority employees, and no question has been raised 
regarding the veracity of the information submitted. 
37. We find this case similar to but more egregious than 
Application of Kansas City Youth for Christ, Inc. for Re­
newal of License of Station KYFC (TV), Kansas City, MO, 
3 FCC Red 6866 (1988) (Kansas City). In Kansas City, the 
licensee admitted that it did not have an EEO program. 
Nonetheless. the licensee was able to hire minorities for 
two of 19 full-time vacancies in an area where minorities 
constitute 12% of the labor force. We granted a short­
term renewal subject to reporting conditions and a 
$10,000 forfeiture. Similarly, WGUL'WGUL-FM concedes 
that it did not have an EEO program until August 1988. 
The stations hired no minorities during the license term 
despite 14 hiring opportunities in an area which is 8.8% 
Black and 5.6% Hispanic. Accordingly. while we find that 
granting the application for renewal of license for less 
than a full term will serve the public interest, we also find 
it appropriate to impose reporting conditions to monitor 
future performance as well as a Notice of Apparent Li­
ability for Forfeiture in the amount of $15,000. 
WL VU/WL VU-FM, Dunnedin and Holiday 
38. In response to our letter of inquiry, the licensee 
indicated that it had 58 overall and 48 upper-level full­
time hiring opportunities from January 1986 through Oc­
tober 1, 1988. The recruitment sources contacted for some 
of these positions included the St. Petersburg Times, the 
Urban League, West Pasco Florida Business and Profes­
sional Women. the National Association of Hispanic Jour­
nalists, the NAACP, and the National Association of 
Broadcasters. 36 The licensee sent out a form letter to the 
above organizations as well as to a nationwide cross sec­
tion of other organizations, colleges and universities. 
However, the form letter did not list specific job openings. 
While the licensee submitted copies of a few such letters 
as documentation of its EEO efforts, most of its docu­
mentation consists of generalized form letters. The li­
censee lists no minority referrals from any of its stated 
recruitment sources. 
39. The licensee is able to list the number. gender, and 
race of applicants for only 18 of the 58 vacancies. Of the 
documented applicants, one was a minority, an Asian 
female who was hired for a clerical position. Although 
the licensee did not retain records regarding the 
recruitment sources it used during the license term, it 
submits that it contacted the sources listed in its EEO 
program when vacancies arose. In addition, the licensee 
asserts in its 1988 EEO Program Report that most of the 
minorities in the MSA work in agriculture and are not 
available for broadcast employment. Of the 58 persons 
hired during the license term, none was a minority.3i 
40. NAACP/NBMC argue that the stations lack a mean­
ingful EEO program. They contend that whites in the 
community are also engaged in agriculture and that the 
licensee has not offered evidence that minorities prefer 
agricultural to broadcast work. In opposition, the licensee 
states that an attachment to its 1988 EEO Program Report 
FCC 90-227 Federal Communications Commission Record 5 FCC Red No. 16 
lists 32 colleges and 44 minority organizations to which it 
sends recruitment letters, both general and specific. It 
notes that it includes a response card with each letter 
which requests the source's intended action regarding the 
job listing. The licensee further submits that it is located 
more than 20 miles north of the Tampa/St. Petersburg 
area and that no public transportation is available. 
41. Based on the foregoing, we find no substantial and 
material question of fact to warrant a hearing. Unlike 
Beaumont, supra, in which designation for an evidentiary 
hearing was required, the record of WLVU/WLVU-FM 
does not suggest a sudden, simultaneous departure of 
minority employees, and no question has been raised 
regarding the veracity of the information submitted. 
42. We find this case similar to but more egregious than 
Application of Woolfson Broadcasting Corporation for Re­
newal of License of Stazions WSBY/WQHQ-FM, Salisbury 
and Ocean City, MD. 4 FCC Red 6160 (1989) 
(WSBYIWQHQ). In WSBY!WQHQ, we found that the li­
censee did not follow its EEO program. WSBY/WQHQ 
used minority-oriented recruitment sources for some va­
cancies but received only two minority referrals. We also 
found that WSBY/WHHQ did not engage in self-assess­
ment of its EEO program. Of 33 full-time hiring opportu­
nities during the license term in an area where minorities 
constitute 20% of the labor force, WSBY/WQHQ hired 
no minorities. Accordingly, we granted a short-term re­
newal subject to reporting conditions and a $15,000 for­
feiture. 
43. WLVU/WLVU-FM maintained general contact with 
minority recruitment sources but does not appear to have 
contacted those sources for specific vacancies. Moreover, 
the licensee did not maintain adequate records and does 
not appear to have engaged in meaningful self-assessment 
of its EEO program. Had it done so, it would have 
discovered that its recruitment efforts were not produc­
tive. WLVU/WLVU-FM nired no minorities for any of the 
54 hiring opportunities during the license term in an area 
where the available labor force is 15.2% minority. Ac­
cordingly, while we find that granting the application for 
renewal of license for less than a full term will serve the 
public interest, we also impose reporting conditions to 
monitor future performance as well as a Notice of Appar­
ent Liability for Forfeiture in the amount of $18,000. 
44. Accordingly, IT IS ORDERED, that the "Petition to 
Deny" filed by the National Black Media Coalition and 
the Florida State Conference of Branches of the NAACP 
IS DENIED, and when considered as an informal objec­
tion IS DENIED. 
45. IT IS FURTHER ORDERED, that the "Petition to 
Deny" filed by the National Hispanic Media Coalition 
and S.A.L.A.D. IS DENIED, and when considered as an 
informal objection IS DEi'v'JED. 
46. IT IS FURTHER ORDERED, that the applications 
for renewal of licenses filed by Jefferson Pilot Commu­
nications Company for Stations WNWS/WL YF(FM) ARE 
GRANTED. 
47. IT IS FURTHER ORDERED, that the application 
for renewal of license filed by Ocala Broadcasting Com­
pany for Station WMMZ(FM) IS GRANTED. 
48. IT IS FURTHER ORDERED, that the applications 
for renewal of license filed by Sunshine Wireless Com­
pany for Stations WQAM/WKIS{FM), by Lappin Commu­
nications-Florida. Inc. for Station WOLL{FM), by 
Culpepper Com~unications, Inc. for Station WPFM(FM), 
4898 
by Asterisk Communications, Inc. for Stations 
WTRS/WTRS-FM, and by Gulfcoast Broadcasting, Inc. for 
Station WMMK(FM) ARE GRANTED subject to the re­
porting conditions specified herein. 
49. IT IS FURTHER ORDERED, that the applications 
for renewal of license filed by Atlantic Media Corporation 
for Stations WGUL!WGUL-FM and by Pasco Pinellas 
Broadcasting Company for Stations WLVU/WLVU-FM 
ARE GRANTED FOR A SHORT TERM ending February 
1, 1992, subject to the reporting conditions specified here­
in. 
50. IT IS FURTHER ORDERED, that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
47 U.S.C. Seeton 503, Lappin Communications-Florida, 
Inc., licensee of WOLL(FM), is hereby advised of its 
APPARENT LIABILITY FOR FORFEITURE in the 
amount of THREE THOUSAND DOLLARS ($3,000) for 
repeated violation of Section 73.2080 of the Commission 
Rules, 47 C.F.R. Section 73.2080, in the manner de­
scribed herein. 
51. IT IS FURTHER ORDERED, that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
47 U.S.C. Seeton 503, Culpepper Communications, Inc., 
licensee of WPFM(FM), is hereby advised of its APPAR­
ENT LIABILITY FOR FORFEITURE in the amount of 
FIFTEEN THOUSAND DOLLARS ($15,000) for repeated 
violation of Section 73.2080 of the Commission Rules, 47 
C.F.R. Section 73.2080, in the manner described herein. 
52. IT IS FURTHER ORDERED, that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
4 7 U.S. C. Seeton 503, Asterisk Communications, Inc., 
licensee of WTRS/WTRS(FM), is hereby advised of its 
APPARENT LIABILITY FOR FORFEITURE in the 
amount of EIGHTEEN THOUSAND DOLLARS ($18,000) 
for repeated violation of Section 73.2080 of the Commis­
sion Rules, 47 C.F.R. Section 73.2080, in the manner 
described herein. 
53. IT IS FURTHER ORDERED, that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
47 U.S.C. Seeton 503, Gulfcoast Broadcasting, Inc., li­
censee of WMMK(FM), is hereby advised of its APPAR­
ENT LIABILITY FOR FORFEITURE in the amount of 
FIFTEEN THOUSAND DOLLARS ($15,000) for repeated 
violation of Section 73.2080 of the Commission Rules, 47 
C.F.R. Section 73.2080, in the manner described herein. 
54. IT IS FURTHER ORDERED, that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
47 U.S.C. Seeton 503, Gulf Atlantic Media Corporation, 
licensee of WGUL!WGUL-FM, is hereby advised of its 
APPARENT LIABILITY FOR FORFEITURE in the 
amount of FIFTEEN THOUSAND DOLLARS ($15,000) 
for repeated violation of Section 73.2080 of the Commis­
sion Rules, 47 C.F.R. Section 73.2080, in the manner 
described herein. 
55. IT IS FURTHER ORDERED. that, pursuant to Sec­
tion 503 of the Communications Act of 1934, as amended, 
47 U.S.C. Seeton 503, Pasco Pinellas Broadcasting Com­
pany, licensee of WLVU/WLVU(FM), is hereby advised of 
its APPARENT LIABILITY FOR FORFEITURE in the 
amount of EIGHTEEN THOUSAND DOLLARS ($18,000) 
for repeated violation of Section 73.2080 of the Commis­
sion Rules, 4 7 C.F.R. Section 73.2080, in the manner 
described herein. 
5 FCC Red No. 16 Federal Communications Commission Record FCC 90-227 
56. IT IS FURTHER ORDERED that the licensees of 
the above stations, except for the licensees of 
WNWS/WL YF(FM) and WMMZ(FM), submit to the 
Commission an original and one copy of the following 
information on October 1, 1990, October 1, 1991, and 
October 1, 1992: 
(a) For the October 1, 1990, report, a list of all job 
vacancies during the 12 months preceding Septem­
ber 1, 1990, and for the October 1, 1991, and 
October 1, 1992, reports, a list covering the 12 
months preceding September 1, 1991. and Septem­
ber 1, 1992, respectively, indicating the job title and 
full-time or part-time status of the position. the race 
or national origin, sex, and the referral source of 
each applicant for each job, which applicants were 
interviewed, and the race or national origin and sex 
of the person hired?8 
(b) A list of employees as of the September 1, 1990 
payroll period for the first report and as of the 
September 1, 1991, and September 1. 1992, payroll 
periods for the second and third reports by job title, 
indicating full-time or part-time status (ranked from 
highest paid to lowest paid), FCC Form 395-B clas­
sification, date of hire, sex, and race or national 
origin; and 
(c) Details concerning the stations· efforts to recruit 
women and minorities for each position filled dur­
ing the 12-month periods specified, including iden­
tification of sources used and indicating whether 
any of the applicants declined actual offers of em­
ployment. 
57. In addition, the licensee may submit any informa­
tion it believes relevant regarding the stations' EEO 
performance and its efforts thereunder. With respect to 
the forefeitures imposed herein, the licensees may take 
any of the actions set forth in Section 1.80 of the Com­
mission's Rules, 47 C.F.R. Section 1.80, as summarized in 
the attatchment to this Order. Any comments concerning 
ability to pay should include those financial items set 
forth in the attachment. The reports are to be filed with 
the Secretary of the Commission for the attention of the 
Mass Media Bureau's EEO Branch. 
FEDERAL COMMUNICATIONS COMMISSION 
Donna R. Searcy 
Secretary 
FOOTNOTES 
1 The National Hispanic Media Coalition and the Spanish 
American League Against Discrimination each represent or­
ganizations which strive to improve the image and employment 
of Hispanics in the media. 
z This Order addresses the EEO efforts of the following 
stations: 
(1) WNWS(AM)/WLYF(FM), Miami (File Nos. BR-
881003ZD and BRH-881003C8), licensed to Jefferson-Pilot 
Communications Company; (2) WMMZ(FM), Ocala (File 
No. BRH-880919YB), licensed to Ocala Broadcasting 
Company; (3) WQAM(AM)/WKIS(FM) Miami and Boca 
Raton, respectively (File Nos. BR-88l003UJ and BRH-
881003UZ). licensed to Sunshine Wireless Company, Inc.; 
(4) WOLL(FM), formerly WMXQ(FM), Riviera Beach 
(File No. BRH-881003ZV), licensed Lappin Communica­
tions-Florida, Inc.; (5) WPFM(FM), Panama City (File 
No. BPH-880817YA), licensed to Culpepper Communica­
tions; (6) WTRS/WTRS(FM) Dunnellon (File Nos. BR-
. 880920YO and BRH-880920YN), licensed to Asterisk 
Communications, Inc.; (7) WMMK(FM), Destin (File No. 
BRH-880927YV), licensed to Gulfcoast Broadcasting, Inc.; 
(8) WGUL/WGUL(FM), New Port Richey (File Nos. BR-
880927ZK and BRH-880927ZJ), licensed to Gulf Atlantic 
Media Corporation; and (9) WLVU/WLVU(FM), Dunedin 
and Holiday, respectively (File Nos. BR-880926UG and 
BRH-880926UR), licensed to Pasco Pinellas Broadcasting 
Company. 
NAACP/NBMC and NHMC/SALAD each filed a separate "Peti­
tion to Deny" against WNWS/WL YF(FM). We also note that 
NAACP/NBMC withdrew its "Petition to Deny" against 
WOLL(FM), WPFM(FM), and WGUL/WGUL-FM. Nevertheless, 
we evaluated the stations' EEO efforts and recommend sanc­
tions for the reasons noted herein. 
3 None of the stations were challenged regarding their 
recruitment of women. Nonetheless, as is our practice in all 
cases, we reviewed each station's EEO efforts toward both wom­
en and minorities. 
~ During the 1988 reporting year. i.e., the 12 months preceding 
filing of the renewal application, WNWS/WL YF received eight 
minority referrals from the Miami Herald, and one minority 
referral each from Miami Norland Senior High School, Miami 
Lakes Technical College, and Bauder College. Existing employ­
ees referred four minorities. 
5 While 37.5% of the hirees during the last three years of the 
license term were minorities, the stations' workforce in each of 
those three years was approximately 20% minority. It thus 
appears that the station has had difficulty retaining the minor­
ities it hires. We caution the licensee to be aware of this 
problem in its self-assessment of its EEO efforts. 
6 The Miami MSA is 5-l.O% minority (37.8% Hispanic. 15.3% 
Black, 0.8% Asian. 0.1% American Indian). The stations' 1988 
Annual Employment Report indicates that of 57 overall em­
ployees. five (8.8%) are Black and six ( 10.5%) are Hispanic. Of 
-l8 upper-level employees, three are Black and three are His­
panic (6.3%). In 1987, the stations employed six Blacks and six 
Hispanics ( 10.9%) of 55 overall employees. Of -l5 upper-level 
employees, three (6.7%) were Black and two (-l.-l%) were His­
panic. In 1986. the stations employed 58 persons overall. includ­
ing seven Blacks ( 12.1%) and six Hispanics ( 10.3% ). Of 50 
upper-level employees, four were Black and four were Hispanic 
(8.0%). 
The licensee contends that the labor force data for the com­
bined Miami-Ft. Lauderdale area CMSA is a more appropriate 
basis for comparison than the Dade County MSA. It asserts that 
the stations are located seven-tenths of a mile from the Broward 
County line approximately equidistant between Miami and Ft. 
Lauderdale. The licensee also notes that the stations' workforce 
is divided between the two counties. 
4899 
Our initial frame of reference in analyzing EEO efforts is 
labor force data for the MSA in which the station is located or, 
when the station is outside the MSA, the county in which the 
FCC 90-227 Federal Communications Commission Record 5 FCC Red No. 16 
station is located. In the Broadcast EEO Report and Order, 
supra, we listed three factors where the use of alternative data 
would be appropriate: (1) the distance from the station to areas 
with significant minority population is great; (2) the commute 
from areas with significant minority populations to the station 
is difficult; and (3) bona fide recruitment efforts aimed at the 
MSA minority work force have not yielded positive results. 2 
FCC Red at 3973. Because the licensee of WNWS/WL YF does 
not allege any of these factors, it has not presented sufficient 
evidence to justify use of an alternative labor force. 
7 The Ocala Metropolitan Statistical Area (MSA) is 16.8% 
minority (1-1.6% Black, 1.8% Hispanic, 0.1% Asian, 0.3% 
American Indian). The station notes that because it erroneously 
listed a Hispanic female as white, its 1988 Annual Employment 
Report should include one Black (6.67%) and one Hispanic 
(6.67%) among 15 overall employees and one Hispanic (7.1%) 
among 14 upper-level employees. The station's 1987 report lists 
16 overall and 14 upper-level employees, including one lower­
level Black (6.3% ). 
8 The licensee indicates that it received one minority referral 
during the 1988 reporting year via a sales seminar. 
9 Hispanics comprise only 1.8% of the available labor force. 
Blacks are the dominant minority group in Ocala. Because 
Blacks are the dominant minority, we have analyzed the sta­
tions' efforts regarding Blacks apart from its efforts to recruit 
other minorities. 
10 In addition, a Black male was recruited for the position of 
Sales Manager in September 1988 and was scheduled to begin 
work in October. As a result of his employment contract with 
another radio station. however, he was unable to accept the 
position. 
11 If a licensee obtains a meaningful pool of referrals and 
applicants via reliance on general sources, it will not be faulted 
for failing to contact minority-specific sources. On the other 
hand, where a licensee does not obtain meaningful results from 
general sources and also has failed to contact minority-specific 
sources. questions will be raised concerning the licensee's EEO 
efforts. See Application of Certain Broadcast Stations Serving 
Communities in the State of South Carolina, 5 FCC Red 170-1, 
1709 n.8 ( 1990). 
12 The licensee has owned WKJS-FM, which was formerly 
affiliated with WLQY(AM), since 1982. The licensee submits 
hiring information from February 1985 although it did not 
acquire WQAM(AM) until later in 1985. 
13 The News & Sun Sentinel yielded 10 minorities and existing 
employees referred five minorities during the 1988 reporting 
year. 
14 WQAM and WKIS-FM are licensed to different MSAs (Mi­
ami and Boca Raton) and operate out of a single studio in a 
third MSA (Fort Lauderdale-Hollywood). The licensee notes 
that it initially owned WKIS-FM with WLOY(AM), which is 
licensed to Hollywood, and conducted most of its operations out 
of the Hollywood studio, although WKIS-FM maintained its 
main studio in Boca Raton. In 1985, when the licensee sold 
WLQY(AM) and purchased WQAM(AM), which is licensed to 
Miami. it received a waiver of the Commission's Rules to broad­
cast from its Hollywood studio location. In 1987, the licensee 
notified the Commission that it was moving the main studio 
location for WKIS-FM to Hollywood pursuant to an amendment 
to Section 73.1125 of the Commission's Rules, 47 C.F.R. Section 
73.1125, which permits a station to locate its main studio out­
side of the community of license so long as the studio is located 
within the station's prinicpal community contour. The licensee 
submits that the Hollywood studio is within the principal com­
munity contour of Boca Raton. 
4900 
NAACP/NBMC contend that the Commission should evaluate 
the stations' EEO efforts in light of Miami MSA statistics. The 
licensee submits that Fort Lauderdale-Hollywood figures are 
more appropriate. In Application of Certain Broadcast Stations 
Serving Communities in Michigan and Ohio. 3 FCC Red 6944 
(1988) (Michigan and Ohio), we held that the reference point for 
EEO analysis is a station's community of license rather than the 
location of its studio. In that case, WUAB was licensed to 
Lorain, Ohio but moved its main studio to a city within the 
Cleveland MSA, an area with significantly higher minority re­
presentation than the community of license. While we decided 
that use of Lorain statistics was appropriate, we stated that 
"[s]hould the licensee continue to maintain its main studio near 
Cleveland -- an area with a larger minority presence than 
Lorain -- we will, in future license renewal proceedings, review 
its efforts in light of the larger minority presence." 3 FCC Red 
at 6950 n.22. 
The WQAM/WKIS situation is even more complex. While 
most of the stations' personnel activity occurs in the Fort 
Lauderdale-Hollywood area, some of the licensee's recruitment 
takes place in Miami. It also appears that the stations broadcast 
to the Miami area, and WQAM(AM)'s transmitter is located in 
Miami. Given that Michigan and Ohio, supra, was released a 
month after the licensee filed its renewal application, we have 
evaluated the licensee's EEO efforts in light of Fort Lauderdale 
labor force statistics for purposes of this review only. We cau­
tion the licensee, however, that in future license renewal pro­
ceedings we will refer to labor force statistics for Miami, the site 
of the larger minority presence. 
Moreover, we remind NAACP/NBMC and the licensee that 
failing to meet the Commission's processing guidelines does not 
in and of itself demonstrate the inadequacy of a licensee's EEO 
efforts. The Commission instead focuses on a licensee's overall 
efforts to recruit, hire, and promote minorities. See Catawba 
Valley Broadcasting Company. supra. 
The Fort Lauderdale-Hollywood MSA is 15.8% minority 
(10.8% Black, 4.3% Hispanic, 0.5% Asian, 0.2% American In­
dian). The stations' 1988 Annual Employment Report lists 37 
full-time employees, including three Blacks (8.1%) and two 
Hispanics (5.4% ). Of 29 upper-level employees, one is Black 
(3.4%) and two are Hispanic (6.9%). The 1987 Annual Employ­
ment Report lists 34 full-time employees, including 2 Blacks 
(5.9%) and 1 Hispanic (2.9% ). Of 27 upper-level employees, one 
was Black (3.7%) and one was Hispanic (3.7% ). The 1986 An­
nual Employment Report lists 36 employees, including two 
Blacks (5.6% ), one Hispanic (2.8% ), and one American Indian 
(2.8% ). Of 29 upper-level employees, one was Black (3.-1% ), one 
was Hispanic (3.4% ), and one was American Indian (3.-1% ). 
15 NAACP/NBMC also allege the station's public file did not 
contain any Issues-Programs lists for 1986, 1987, or 1988. Be­
cause NBMC/NAACP did not provide facts to support its allega­
tions and the licensee specifically denies the allegation with 
supporting affidavits, we cannot find that the licensee did not 
have Issues/Programs lists in its files during that time. 
16 The licensee states that it has had difficulty attracting 
minorities due to the stations' country and western format. A 
station's format has no bearing on its EEO obligations. See 
Leflore Broadcasting Company, Inc. v. F. C. C., 66 FCC 2d 734, 
784-85 ( 1975) (Leflore). 
17 Station WMXO(FM) changed its call letters to WOLL(FM) 
on November 7, 1989. 
18 The Riviera Beach MSA is 20.2% minority (13.8% Black, 
5.7% Hispanic, 0.5% Asian, 0.2% American Indian). The sta­
tion's 1988 Annual Employment Report lists one Black among 
18 overall employees (5.6%) and no minorities among 14 upper-
5 FCC Red No. 16 Federal Communications Commission Record FCC 90-227 
level employees. In 1987, the station employed two among 16 
overall employees (12.5%) and no minorities among 12 upper­
level employees. In 1°%, the station employed one Black among 
19 overall employee> ,.5.3%) and no minorities among 15 upper­
level employees. 
19 During the 1988 reporting year. two minorities were re­
ferred by the News & Sun Sentinel and four minorities were 
referred by Job Services of Florida. 
20 Although the licensee states that it has had difficulty at­
tracting minorities due to the station's big band format, we have 
previously indicated that a station's format has no bearing on its 
EEO obligations. See Leflore, supra. 
21 In addition, the licensee hired a Black sales worker on 
October 3, 1988, outside the period covered by our letter of 
inquiry but before expiration of the license term. 
22 The Panama City MSA is 12.8% minority (9.9% Black, 
1.2% Hispanic, 0.9% Asian, 0.8% American Indian). The sta­
tion's 1988, 1987, and 1986 Annual Employment Reports list 15 
full-time employees, 13 in upper-level positions, and no minor­
ities. 
23 During the 1988 reporting year. Gulf Coast Community 
College yielded one minority referral. 
24 The licensee's response to our inquiry lists 53 hirees but for 
the most part does not distinguish between part-time and full­
time positions. We have not counted those positions which the 
licensee identifies as part-time or temporary, nor have we 
counted promotions from part-time to full-time status. Positions 
not specifically designated as full-time or part-time have been 
counted as full-time positions. 
25 The Dunnellon MSA is 16.8% minority (14.6% Black, 1.8% 
Hispanic, 0.1% Asian, 0.3% American Indian). The stations' 
1988 Annual Employment Report lists no minorities among 14 
employees overall and 13 upper-level employees. In 1987, the 
stations employed 'no minorities among 13 overall and 11 upper­
level employees. In 1986, the stations employed one Black 
among 16 overall employees (6.3%) and 14 upper-level employ­
ees (7.1%). 
26 During the 1988 reporting year, the licensee received three 
minority referrals from Broadcasting, one minority referral 
from Citrus High School and five minority referrals from Job 
Service of Florida. 
27 The receptionist hired in 1985 was subsequently promoted, 
first to traffic manager and later to sales representative. 
28 The licensee has made no formal alternative labor force 
request. Moreover, we note that it has not provided information 
sufficient to satisfy the three-part test set out in the Broadcast 
EEO Report and Order, supra. 
29 The licensee indicates that an announcer was promoted 
from part-time to full-time status in December 1985. This is not 
counted as a new hire but as a promotion. 
30 The licensee lists no minority referrals during the 1988 
reporting year. 
31 The Fort Walton Beach MSA is 9.8% minority (6.5% 
Black, 1.5% Hispanic, 1.4% Asian, 0.4% American Indian). The 
station's 1988 Annual Employment Report lists no minorities 
among 16 overall and 13 upper-level employees. The station's 
1987 Annual Employment Report lists no minorities among 14 
overall and 13 upper-level employees. In 1986, the station em­
ployed no minorities among 15 overall employees and 13 upper­
level employees. 
32 Upon discovery of these errors, the licensee filed corrected 
Annual Employment Reports for 1984 through 1988. 
4901 
33 The licensee lists two clerical workers listed as "trial" 
employees and indicates that they each worked for the stations 
for three weeks. These employees are not counted as full-time 
hirees. 
34 While the licensee had initially indicated that the St. 
Petersburg Times and Radio and Records each yielded one mi­
nority referral, and updated 1988 EEO Program Report filed 
with its response to our inquiry lists no minority referrals. 
35 The Tampa/St. Petersburg/Clearwater MSA is 15.2% minor­
ity (8.8% Black, 5.6% Hispanic, 0.5% Asian, 0.3% American 
Indian). The stations' 1988 Annual Employment Report lists no 
minorities among 14 overall and 12 upper-level employees. In 
1987, the stations employed no minorities among 14 overall and 
13 upper-level employees. 
Although WGUL makes no formal alternative labor force 
request, it seeks to mitigate its inadequate EEO record based 
upon a difficult commute and the lack of minorities in the New 
Port Richey area. The licensee has not provided sufficient in­
formation to satisfy the three-part test set out in the Broadcast 
EEO Report and Order, supra. 
36 During the 1988 reporting year, the station received one 
minority referral from an existing employee. 
37 The Tampa-St.Petersburg-Ciearwater MSA is 15.2% minor­
ity (8.8% Black, 5.6% Hispanic, 0.5% Asian, 0.3% American 
Indian). The stations' 1988 Annual Employment Report lists no 
minorities among 16 overall employees and 13 upper-level em­
ployees. In 1987, the stations employed no minorities among 15 
overall and 13 upper-level employees. 
38 Such a list might start: 
(1) News Director: Officials and Managers: Full-time 
3 Applicants: I white female A.W.R.T. 
I black male Urban League 
I black female NAACP 
Sources Contacted: Local Newspaper, A.W.R.T., Urban 
League, and NAACP 
Selected: black male (03/15/91)