Before the
Federal Communications Commission 
Washington, D.C. 20554 FCC 94-17
In re Applications of
EAGLE RADIO, INC.
For Renewal of License of 
Station KEGL(FM) 
Fort Worth, Texas
DENNIS ELAM, TRUSTEE FOR 
BAKCOR BROADCASTING, INC., 
DEBTOR
For Renewal of Licenses of 
Stations KMND/KNFM(FM) 
Midland, Texas
KTEM RADIO, INC.
For Renewal of Licenses of 
Stations KTEM/KPLE(FM) 
Temple, Texas
WALKER COUNTY COMMUNICATIONS, INC.
For Renewal of Licenses of 
Stations KSAM/KSAM-FM 
Huntsville, Texas
RADIO SUNGROUP OF TEXAS, INC.
For Renewal of License of 
Station KYKX(FM) 
Longview, Texas
BRH-900402ZG
BR-900330VY 
BRH-900330WF
BR-900320UM 
BRH-900320UN
BR-900327VJ 
BRH-900327VI
BRH-900327UR
1 KSAM-FM's call sign was changed from KHUN(FM) effective 
December 6, 1991.
836
MEMORANDUM OPINION & ORDER 
AND NOTICES OF APPARENT LIABILITY
Adopted: January 31, 1994 Released: February 1, 1994 
By the Commission:
I. INTRODUCTION
1. The Commission has before it for consideration: (i) license renewal applications 
from the above-listed radio stations in Texas; (ii) a Petition to Deny timely 
filed by the Texas State Conference of Branches of the NAACP, 
its various chapters in the stations' service areas (collectively "NAACP") and the National 
Black Media Coalition (NAACP/NBMC) against the above-listed 
stations;3 (iii) oppositions filed by the licensees; (iv) the 
licensees' responses to staff letters of inquiry; (v) a Joint Request for Approval 
of Settlement Agreement filed by the NAACP and the licensee of Stations KMND/KNFM(FM); (vi) a Joint 
Request for Approval of Settlement Agreement filed by the NAACP and the 
licensee of Stations KTEM/KPLE(FM); and (vii) a Joint Request for Withdrawal of 
Petition to Deny filed by the NAACP and the licensee of Stations KSAM/KSAM-FM.
II. BACKGROUND
2. NAACP/NBMC allege that the challenged stations violated our 
Equal Employment Opportunity (EEO) Rule and policies. Accordingly, they request that we 
conduct an investigation of the employment practices of the stations pursuant to 
Bilingual Bicultural Coalition gn Mass Media, Inc. v. FCC. 595 F.2d 621 
(D.C. Cir. 1978) (B\ljngual) and designate the renewal
The National Black Media Coalition is challenging the 
renewal application of only Station KEGL(FM).
NAACP also challenged the renewal applications for 
Stations KBIL/KBIL-FM in San Angelo; KGNC/KMLT(FM) in Amarillo; KEBE/KOOKFM) in Jacksonville; and 
KGVL/KIKT(FM) in Greenville. NAACP and NBMC also challenged KNUZ/KQUE(FM) in Houston, Texas. 
The Commission terminated Station KBIL(AM)'s authority to operate and deleted its 
call sign by letter dated June 10, 1992. Station KBIL-FM's renewal and assignment 
applications were granted subject to EEO reporting as well as non EEO-related 
conditions. See Application for License^ Renewal of Station KBIL-FM San Angelo, 
Texas. 7 FCC Red 5292 (1992) . The EEO records of the other stations will be reviewed in a separate 
order.
837
applications for hearing.
III. PLEADINGS
3. Settlement Agreements. On February 9, 1993, the NAACP and 
the licensee of Stations KMND/KNFM(FM) filed a Joint Request for 
Approval of Settlement Agreement which, the parties state, resolves all allegations raised in the petition to deny. We have 
reviewed the settlement agreement pursuant to 47 C.F.R. Section 
73.3588 and Formulation of Policies and Rules Relating to 
Broadcast Renewal Applicants. Competing Applicants and Other 
Participants to the Comparative Renewal Process and to the 
Prevention of Abuses of the Renewal Process, 4 FCC Red 4780 
(1989) (Renewal Policies Order). We find that the settlement 
agreement complies with the Commission's rules and policies and, 
therefore, the petition is dismissed. As is our practice in all 
cases, we reviewed the stations' Equal Employment Opportunity 
(EEO) Program and performance pursuant to Section 309 of the 
Communications Act of 1934, as amended, 47 U.S.C. § 309. We find 
that the licensee did not engage in affirmative recruitment 
efforts for a substantial number of vacancies and failed to 
maintain adequate records for self-assessment. We will, 
therefore, grant renewal subject to appropriate remedies and 
sanctions as discussed below.
4. In addition, on January 25, 1991, NAACP and the licensee of 
Stations KTEM/KPLE(FM) filed a Joint Request for Approval of 
Settlement Agreement which the parties state resolves all 
allegations raised in the petition to deny. We have reviewed the 
settlement agreement pursuant to 47 C.F.R. § 73.3588 and Renewal 
Policies Order, supra and find that the settlement agreement 
complies with the Commission's rules and policies. Accordingly, 
the petition is dismissed. As is our practice in all cases, we 
reviewed the stations' Equal Employment Opportunity (EEO) Program 
and performance pursuant to 47 U.S.C. § 309. We find that the 
licensee did not engage in affirmative recruitment efforts for a 
substantial number of vacancies and failed to maintain adequate 
records for self-assessment. We will, therefore, grant renewal 
subject to appropriate remedies and sanctions as discussed below.
5. KSAM/KSAM-FM Withdrawal of Petition. On August 3, 1990, 
NAACP and the licensee of Stations KSAM/KSAM-FM filed a Joint 
Request for Withdrawal of Petition to Deny. The parties indicate 
that there is no settlement agreement and both have submitted 
properly sworn declarations of no consideration pursuant to 47 
C.F.R. § 73.3588 and Renewal Policies Order, supra. We find that 
NAACP's request for withdrawal complies with the Commission's 
rules and policies and, therefore, the petition is dismissed. 
Nonetheless, as is our practice in all cases, we reviewed the 
stations' EEO Program and performance pursuant to 47 U.S.C. § 309 
and found that the licensee did not make sufficient efforts to 
recruit minorities and did not self-assess its program.
838
Accordingly, we will grant renewal subject to appropriate 
remedies and sanctions as discussed below.
6. Standing. In challenging an application pursuant to Section 
309(d)(1) of the Communications Act, a petitioner must 
demonstrate party in interest status. In addition, a petitioner 
must, as a threshold matter, submit "specific allegations of fact 
sufficient to show that a grant of the application would be prima 
facie inconsistent with [the public interest, convenience and 
necessity]." 47 U.S.C. § 309(d)(1). See also Astroline 
Communications Co. Ltd. Partnership v. FCC. 857 F.2d 1556 (D.C. 
Cir. 1988) (Astroline); Application of Dubuoue T.V. Limited 
Partnership and Sage Broadcasting Corporation of Dubuque. Iowa 
for Assignment of Television License for KDUB-TV, Dubuaue, Iowa, 
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. § 309(d)(l).
7. NAACP timely submitted declarations under penalty of perjury 
from the Presidents of the Fort Worth Branch regarding KEGL(FM) 
and the Longview Branch regarding KYKX(FM). Both declarations 
are from listeners of the respective stations. They comply with 
the requirement for establishing standing for the designated 
branch and the Texas State Conference of Branches of the NAACP. 
See American Legal Foundation v. FCC. 808 F.2d 84 (D.C. Cir. 
1987). We find, therefore, that the challenge filed by NAACP 
constitutes a valid petition to deny against stations KEGL(FM) 
and KYKX(FM).
8. Finally, regarding Station KEGL(FM), the pleading contained 
a statement under penalty of perjury from the Chairman of NBMC, a resident of the Washington, D.C. area. He does not claim to be a 
listener of the station, but states that NBMC members are 
listeners. NBMC does not provide an affidavit from a local 
resident as is required for an organization seeking standing as a 
party in interest. See Application of Certain Broadcast Stations 
Serving Communities in the State of Louisiana, 7 FCC Red 1503 
(1991) ; Standing of a Party to Petition to Deny. 82 FCC 2d 89, 98 
(1980). Therefore, we will treat NBMC's challenge as an informal 
objection. See 47 C.F.R. § 73.3587.
IV. DISCUSSION
9. Prima Facie Case. NAACP/NBMC derived their factual 
allegations from the licensees' EEO programs and annual 
employment reports. Review of each licensee's EEO record led us 
initially to conclude that NAACP/NBMC presented a prima facie 
case demonstrating that unconditional grant of the renewal 
applications would have been inconsistent with the public interest. See Section 309(d)(1) of the Communications Act, 47
839
U.S.C. § 309(d)(l); Astroline. supra. Further inquiry was 
therefore necessary. See Beaumont Branch of the NAACP and the 
National Black Media Coalition v. FCC. 854 F.2d 501, 506 (D.C. 
Cir. 1988) (Beaumont); Bilingual, supra.
10. However, subsequent review of NAACP/NBMC's EEO allegations, 
as well as each licensee's renewal application, opposition and 
inquiry responses, leads us to conclude that there are no 
substantial and material questions of fact warranting designation 
for hearing. In addition, we find no evidence of employment 
discrimination. Thus, grant of each application will serve the 
public interest. 47 U.S.C. § 309(d)(2). Astroline. supra. 
Accordingly, we will grant renewal, but with appropriate remedies and sanctions. All forfeiture sanctions imposed herein will be 
based on the guidelines for forfeitures pertaining to EEO 
violations adopted in Policy Statement. FCC# 94-27 (Adopted 
January 31, 1994) .
11. Section 73.2080 of the Commission's Rules requires that a 
broadcast licensee refrain from employment discrimination and 
establish and maintain an affirmative action program reflecting 
positive and continuing efforts to recruit, employ and promote 
qualified women and minorities. When evaluating EEO performance, 
the Commission focuses on the licensee's efforts to recruit, 
employ and promote qualified women and minorities and the 
licensee's ongoing assessment of its EEO efforts. Such an 
assessment enables the licensee to take corrective action if 
qualified women and minorities are not present in the applicant 
pool. The Commission also focuses on any evidence of 
discrimination by the licensee. See Sections 73.2080(b) and (c) 
of the Commission's Rules, 47 C.F.R Sections 73.2080(b), 73.2080(c).
12. When a renewal application indicates an absence of 
discrimination and a record of adequate EEO efforts, the 
application is granted, if otherwise appropriate. When it fails 
to evidence a record of adequate EEO efforts, the Commission may 
impose a variety of remedies or sanctions, such as reporting 
conditions, renewal for less than a full term, forfeiture, or a 
combination thereof. Further, the Commission will designate the 
application for hearing if the facts so warrant. Amendment of 
Part 73 of the Commission's Rules Concerning Equal Employment Opportunity in the Broadcast Radio and Television Services. 2 FCC 
Red 3967 (1987), petition for reconsideration pending; see also 4 
FCC Red 1715 (1989) (request for clarification by National 
Association of Broadcasters) . See e. CL. . Beaumont. 
Bilingual, supra.
As is our practice in all cases, we reviewed the 
licensees' EEO efforts toward both women and minorities. We find 
each licensee's record of recruiting women sufficient.
840
KEGL(FM). Fort Worth
13. The station's 1990 EEO Program Report, opposition and inquiry responses 
reveal that from February 28, 1987. to July 
31, 1990, the licensee filled 47 full-time vacancies, including 
34 for upper-level positions.7 In a revised list of minority 
referrals contained in its opposition to NAACP/NBMC's petition, the licensee states 
that it received minority referrals from Daily Post (one); Dallas Morning News 
(five); Dallas Times Herald (six); Dallas Post Tribune, a minority publication (two); 
Radio & Records (seven); Texas Christian University (one); internships 
(three)/ industry contacts (13); and employee referrals (two). However, it is 
unclear how many of these referrals were for full- time positions 
and to what extent these sources were used. The licensee also lists the following 
minority-oriented sources: College Hispanic American Students at Southern Methodist 
University, NAACP, Dallas Black Chamber of Commerce, Dallas Urban League, North Dallas Community News 
and the Fort Worth Hispanic Womens Network of Texas. However, it is similarly 
unclear to what extent these sources were contacted to fill the station's 47 
vacancies.
14. The licensee could not provide the following documentation
In response to our first inquiry dated July 20, 1990, the 
licensee filed an "Objection to the Bilingual Letter" on the grounds that Commission 
staff improperly sent the letter before the deadline for the licensee to file 
its opposition to NAACP's petition to deny. We reject the licensee's objection. 
Staff letters of inquiry such as the instant staff letter are based on 
Commission review of renewal information and are not limited by or 
dependant on the filing of a petition to deny.
6 included in the 47 full-time hires are three Hispanic 
interns who were subsequently offered full-time employment and two Blacks who were 
offered, and declined, upper-level job offers during the 
license term.
*j- The licensee also submits job hire information for 
positions filled after the license term expired from August l, 1990, to August 
1, 1991. Post-term EEO performance is not considered in the Commission's evaluation of a licensee's EEO 
record during a license term if that record, standing alone, is so deficient that it would merit denial 
of renewal or other sanctions. See Rust CommunicationsL Inc.. 73 FCC 2d 39, 53 (1979). 
Here, we will not consider the licensee's post-term hires because, as we 
state, infra, we find that the licensee's EEO record during the 
license term warrants a sanction.
841
for its 47 vacancies: the recruitment sources contacted for 
each position; the number, gender and race or national origin of 
those who applied for each position; and the number, gender and 
race or national origin of those who were interviewed for each 
position. It is, therefore, unclear to what extent the licensee 
formally recruited for its vacancies and attracted minorities 
into the applicant and interview pools. However, in its 
opposition, the licensee states that it received 10 minorities 
among 110 applicants for a retail marketing manager position and 
that it offered a sales position to a Black female applicant and 
an on-air position to a Black male applicant. The licensee 
provides the referral source, gender and race or national origin 
of each successful applicant. In this regard, successful 
applicants came from: Radio & Records (nine); Dallas Morning 
News (six, including one Hispanic); AWRT (seven); Dallas Times 
Herald (three, including one Black); a referral from an 
industrial contact at an urban-format radio station (one Black); 
employee referrals (15, including one Hispanic); interns from 
local schools (three Hispanics); program director of Dallas radio 
station (one Black); general manager (one Black); and a re-hire 
(one Black). Thus, 30 of the 47 successful candidates were 
referred by outside recruitment sources. Notwithstanding the 
licensee's inadequate record-keeping, it appears that KEGL(FM)
The licensee states that "it was unfamiliar with the 
Commission's requirement that licensees formally document referrals 
..." and that "[] management erroneously believed that Texas law 
forbade the asking of any questions with regard to a job 
applicant's race or sex." This argument lacks merit as we have 
required licensees to maintain adequate records of source referral 
and applicant pool data since 1976. See Amendment of Part 73 of 
the Commission's Rules Concerning Equal Employment Opportunity in 
the Broadcast Radio & Television Services. 4 FCC Red 1715, 1716 
(1989) .
9 Although station personnel state in their declarations 
that they used minority sources, most do not specifically indicate 
when or for what positions these sources were contacted. The 
Program Director indicates that he has had some success with the 
Dallas Post Tribune, a minority publication, but only discusses one 
position, midday announcer, for which the source was apparently 
contacted. The Business Manager states that, "[t]he station's 
policy and practice is and was to send letter [s] to local minority 
organizations seeking referrals every time a job opening occurred" 
and that she "personally instructed that they be sent out at 
numerous occasions in the course and scope of my employment as 
business manager." We find that it is unclear to what extent this 
"policy and practice" was followed. The licensee acknowledges that 
it kept no records of these alleged contacts. Moreover, the 
Business Manager does not claim to have any personal knowledge that 
letters were actually sent for any vacancy.
842
attracted minorities to 11 (23%) of the 47 applicant and 
interview pools, including five (15%) of the 34 upper-level 
pools. The licensee hired ten minorities (five Blacks, five 
Hispanics), including four minorities (three Blacks, one 
Hispanic) for upper-level positions. In its renewal 
application, the licensee notes that it also participates in an 
internship program. In addition, it states that as of March 29, 
1990, the number of minority employees was at 50% of parity with 
the number of minorities in the Fort Worth, Texas, labor force.11
15. NAACP/NBMC argue that the station has not complied with our 
EEO Rule. They note that several recruitment sources listed in 
the renewal application produced no minority applicants, which, 
they argue, suggests insufficient contact with these sources. 
Moreover, they note that only eight minorities applied for 
positions as a result of newspaper ads while 90 women applied 
from newspaper ads. NAACP/NBMC deduce that if women comprised 
half of the applicants responding to newspaper ads, then the job
10 The Ft. Worth-Arlington, TX MSA, in which the station is 
located, has a 17.0% minority labor force (9.2% Black, 6.6% 
Hispanic, 0.7% Asian/Pacific Islander, 0.5% American Indian). The 
1984 Annual Employment Report lists two Blacks (5.9%) and one 
Hispanic (2.9%) among 34 full-time employees, including two Blacks
(6.5%) and one Hispanic (3.2%) among 31 upper-level job employees. In the 1985 report, three Blacks 
(9.4%) and two Hispanics (5.9%) 
are listed among 32 full-time employees, including two Blacks
(7.1%) and two Hispanics (7.1%) among 28 upper-level job employees. 
The 1986 report lists two Blacks (6.1%) and one Hispanic (3.0%) 
among 33 full-time employees, including two Blacks (6.9%) and one 
Hispanic (3.4%) among 29 upper-level job employees. In the 1987 report, one Black is listed among 
34 full-time employees (2.9%) and 
29 upper-level job employees (3.4%). The 1988 report lists two 
Blacks (6.9%) and one Hispanic (3.4%) among 29 full-time employees, 
including one Black (4.2%) and one Hispanic (4.2%) among 24 upper- 
level job employees. In the 1989 report, two Blacks (6.1%) and 
three Hispanics (9.1%) are listed among 33 full-time employees, 
including one Black (3.8%) and one Hispanic (3.8%) among 26 upper- 
level job employees. The 1990 report lists two Blacks (5.6%) and 
two Hispanics (5.6%) among 36 full-time employees, including one 
Black (3.4%) and one Hispanic (3.4%) among 29 upper-level job 
employees.
One Hispanic hired during the three year period 
apparently remained with the station for two weeks, not long enough 
to appear on any annual employment report.
11 We remind the licensee that our processing guidelines are 
not a safe harbor. See Catawba Valley Broadcasting Company. Inc.. 
3 FCC Red 1913 (1988).
843
pool from which these eight minorities were drawn was composed of 
approximately 180 applicants. Finally, they criticize the 
licensee's failure to hire no more than one minority for 14 
overall positions and no minorities for seven upper-level 
positions reportedly filled during the reporting year.
16. In opposition, the licensee states that NAACP/NBMC's 
allegations are incorrect because the labor force statistics used 
by NAACP/NBMC are not those used by the Commission, 2 and that 
the station's policy has been to actively recruit and hire 
minorities. Although it has had only limited success with "more 
conventional" minority recruitment sources, the licensee claims 
that station personnel have successfully cultivated minority 
referrals from industry contacts. In addition, it notes that 
while it has not maintained formalized documentation of its EEO 
efforts, it has continuously evaluated those sources, replacing 
those which prove unproductive. The licensee acknowledges that 
it faced a temporary departure from its "aggressive" minority 
recruitment in 1987 but explains that this departure was due to 
multiple changes in management at the station and within the 
licensee's parent company. Nonetheless, it notes that with the 
arrival of a new general manager, its aggressive EEO program once 
again took top priority.
17. There are no substantial and material questions of fact 
warranting designation for hearing. Astroline. supra. The 
licensee engaged in some recruitment and hired and employed 
Blacks and Hispanics. We find no evidence of employment 
discrimination. Accordingly, grant of the station's renewal is 
warranted.
18. However, the licensee's recruitment efforts were deficient 
because it failed to recruit so as to attract an adequate pool of 
minority applicants for at least 66% (31 jobs) of its 47 full- 
time positions. The Commission's requirement that licensees have 
ongoing EEO programs with regard to all their hiring practices is 
not new. Our EEO rules have been in place for over 20 years. We 
have repeatedly stated that licensees must engage in recruitment 
efforts with regard to all of their hiring vacancies. 
WMUS/WMUS-FM. 7 FCC Red 6655 (1992); Florida Renewals. 5 FCC Red 
6738, 6739 (1990)(WPAP-FM, WCOA(AM)/WJLQ-FM); Michigan/Ohio 
Renewals. 3 FCC Red 6944 (1988). Where, as here, a substantial 
number of vacancies, over 66%, do not reflect meaningful 
recruitment efforts, appropriate sanctions are warranted. In 
this regard, only 11 of the 47 overall applicant and interview
12 In their petition, NAACP/NBMC state that the overall 
minority labor force for Ft. Worth, Texas is 21.7%. The 1980 
Census data as used by the Commission, however, shows that the 
overall minority labor force of the Ft. Worth, Texas MSA is 17.0%.
844
pools (23%) contained minorities. Only five of the 34 upper- level applicant and interview pools (15%) contained minorities. 
Thus, minorities were absent from 77% of the overall pools and 
85% of the upper-level pools. Notwithstanding the absence of minorities from the applicant and interview pools as noted above, 
it does not appear that the licensee consistently engaged in efforts to attract minorities or otherwise conducted meaningful 
self-assessment of its program. It appears that the licensee knows neither the number of positions recruited for nor the 
number of positions for which minority sources were used. Accordingly, a base forfeiture of $12,500 is warranted. See 
Policy Statement, supra.
19. In addition, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% 
of the overall and upper-level full-time positions renders its EEO efforts egregiously deficient warranting an upward forfeiture 
adjustment of $6,250. Similarly, the combination of the above and KEGL(FM)'s large number of hiring vacancies (47) warrants a 
further $6,250 upward adjustment, for a total forfeiture of 
$25,000. Given the number and types of deficiencies noted, a short term renewal is also warranted. See Policy Statement, 
supra.
20. However, we note that the licensee hired or made hiring 
offers to minorities equal to 50% of the minority representation in the Ft. Worth-Arlington Metropolitan Statistical Area for the 
period February 28, 1987, to July 31, 1990. Thus, a $6,250 downward adjustment in the forfeiture is appropriate. See Policy 
Statement, supra. In light of the above, we will issue a Notice of Apparent Liability for $18,750, renew the license for a short 
term and impose reporting conditions.
KMND/KNFM(FM). Midland13
21. The stations' 1990 EEO Program Report, opposition and inquiry responses indicate that there were 29 full-time 
vacancies, including 25 for upper-level positions from March 1, 1987, to July 31, 1990,l The licensee states that it received
13 Dennis Elam was appointed by the U.S. Bankruptcy Court 
on May 22, 1991, to serve as Chapter 7 Trustee for Bakcor 
Broadcasting, Inc., Debtor. Case Number 89-70218 RBK.
14 The licensee also hired a Black male for a sales 
position on August 8, 1990, seven days after the license term expired on August 1, 1990. Because this hire occurred after the 
license term expired, it is a post-term hire. Under the circumstances herein, we will not consider it. See n.7, supra.
845
minority referrals from the Midland Reporter-Telegram (one), 
Midland Community College (four), Mexico Tejano Shoul/KMID-TV 
(one), Permian Basin Job Training Partnership (one), Hispanic 
Chamber of Commerce (one), Odessa American (one), walk-ins (two) 
and Private Industry Council (two). Station personnel state that 
newspapers, Midland College and a local high school were 
contacted for clerical positions; NAB Clearinghouse and a music 
consultant for programming positions; and newspapers for sales 
positions. In addition, the licensee states that it contacted 
the Texas Employment Commission (TEC), Hispanic Chamber of 
Commerce, Black Chamber of Commerce, the Private Industry 
Council, (PIC) and the Black Chamber of Entrepreneurs. However, 
it is unclear for how many of the 29 positions these sources were 
contacted. Our review of the licensee's record indicates that 
the licensee contacted newspapers for four vacancies (two sales 
and two clerical) ,  Radio & Records and "other referral sources" 
for one on-air position; and a high school for a clerical 
position. For another clerical position, the licensee contacted: 
TEC, Midland Hispanic Chamber of Commerce, El Editor. Midland 
Black Chamber of Entrepreneurs, PIC, Midland College, Odessa 
College, University of Texas at Permian Basin, Odessa American. 
Midland Reporter-Telegram. Odessa Chamber of Commerce, and 
Midland Chamber of Commerce. Regarding the remaining 22 
vacancies, the licensee created 10 full-time positions for Walk- 
ins applicants, including two Hispanics, and used a consultant 
for a program director position. For an on-air position, a 
candidate was hired away from another station and a resume on 
file was used for another vacancy. For a position filled in May 
1990, the licensee acknowledges that it contacted no recruitment 
sources, but hired a Hispanic male "because of popularity in 
Midland market."
22. The licensee does not provide any recruitment information 
regarding the remaining eight full-time vacancies. However, 
successful candidates for six of the eight positions came from 
walk-ins (two), employee referrals (three), and a previous employee (one). The licensee did 
not know the referral source 
for the remaining two hires. Thus, it appears that the licensee contacted outside recruitment sources 
for only seven vacancies. 
Complete interview pool information was provided for only two 
positions. For a sales position, the licensee noted that it interviewed two minorities among 
20 applicants. For a clerical 
position, the licensee interviewed three Hispanics among 13 
applicants. Although the licensee notes that it interviewed 
minorities for another sales position, it does not provide a 
specific number of minority applicants. The licensee states that
15 In addition to the Midland Reporter-Telegram and the 
Odessa American, the licensee notes that it placed ads in the El 
Editor, a bilingual Spanish and English newspaper. However, it is unclear which of these newspapers 
were contacted for each position.
846
it interviewed several candidates for the Program Director 
position but does not mention any minorities. In addition, the 
licensee states that a Black male was offered and declined an on- 
air position. However, the circumstances of the job offer and 
the details regarding the specific vacancy are vague. 
Apparently, the licensee of KMND/KNFM-FM attracted minorities to 
only seven (24%) of its 29 overall applicant and interview pools and five (20%) of the upper-level applicant and interview pools. 
The licensee hired four Hispanics, three for upper-level 
positions during the three year period under review.
23. Our review raises no substantial and material questions of 
fact warranting designation for hearing. Astroline. supra. The 
licensee engaged in some recruitment and hired and employed 
minorities. We find no evidence of employment discrimination. 
Therefore, grant of the renewal is in the public interest.
24. However, the licensee's recruitment efforts were deficient. 
Specifically, it failed to recruit so as to attract an adequate 
pool of minority applicants for at least 66% (19) of its 29 full- 
time vacancies. The record revealed that minorities were 
included in only seven (24%) of the licensee's 29 overall 
applicant and interview pools. Further, only five (20%) of the 
25 upper-level applicant and interview pools included minorities. 
Thus, minorities were absent from 76% of the overall pools and 
80% of the upper-level pools. Notwithstanding the absence of 
minorities from the applicant and interview pools as noted above, 
it does not appear that the licensee consistently engaged in 
efforts to attract minorities or otherwise conducted meaningful 
self-assessment of its program. The licensee recruited for only 
seven (24%) of its 29 vacancies and did not know the extent to 
which minority sources were contacted for the 29 positions. 
Accordingly, a base forfeiture of $12,500 is appropriate. See 
Policy Statement, supra.
1 The Midland, Texas MSA, in which the stations are 
located, has a 21.0% minority labor force (12.2% Hispanic, 8.0% Black, 0.9% Asian/Pacific Islander, 0.5% American Indian). The 
1984 and 1985 Annual Employment Reports list one Hispanic and one 
American Indian among 16 (5.6%) and 20 (5.0%) full-time employees, 
respectively, including 16 (6.3%) and 17 (5.9%) upper-level job 
employees. In the 1986 report, one American Indian is listed among 
17 full-time employees (5.9%) and among 15 upper-level job 
employees (6.7%). The 1987 and 1988 reports list one Hispanic and 
one American Indian among 20 (5.0%) and 21 (4.8%) full-time 
employees, respectively, including 17 (5.9%) and 19 (5.3%) upper- 
level job employees. In the 1989 report, one American Indian is 
listed among 16 full-time employees (6.3%) and 15 upper-level job 
employees (6.7%). The 1990 report lists one Hispanic and one American Indian among 17 full-time employees (5.9%) and 15 upper- 
level job employees (6.7%).
847
25. Additionally, the licensee's failure to recruit so as to 
attract an adequate pool of minority applicants for at least 33% 
of the overall and upper-four full-time positions constitutes 
egregious misconduct and justifies an upward forfeiture 
adjustment of $6,250. Secondly, a further upward adjustment of 
$6,250 is warranted due to the large number of hiring 
opportunities (29) during the license term. Third, the 
combination of the above and the location of the stations in a 
metropolitan area which includes a large minority labor force 
(21%) justifies an upward adjustment of $6,250. Based on the 
licensee's overall program deficiencies, a total forfeiture of 
$31,250 is warranted, along with a short term renewal. See 
Policy Statement, supra.
26. However, we note that the licensee hired minorities equal to 
50% of the minority representation in the Midland MSA. Thus, a $6,250 downward adjustment in the forfeiture is appropriate. See 
Policy Statement, supra. Under these circumstances, we will 
issue a Notice of Apparent Liability for $25,000, renew the 
licenses for a short term and impose reporting conditions.
17 The licensee, Bakcor Broadcasting, Inc., currently has 
applications pending for transfer of control (BTC-900222EE and 
BTCH-900222EF) as well as assignment (BAL-900112EI and BALH- 
900112EJ). Upon consummation of the transfer and/or assignment, 
the reporting conditions will pass with the license to the new 
licensee.
KTEM/KPLE(FMl. Temple
27. The stations' 1990 EEO Program Report and inquiry responses 
reveal that the licensee filled 35 full-time vacancies, all for 
upper-level positions, from March 1, 1987, to July 31, 1990. 
The licensee could document outside recruitment efforts for only 
15 vacancies. For these vacancies, the licensee contacted some 
of the following: Radio & Records. Texas Employment Commission, 
newspapers, TAB Newsletter, educational institutions,2 on-air 
announcements, re-hires, employees referrals and unsolicited 
resumes. In addition to some of the above-listed sources, the 
licensee contacted Texas A & M University and community 
organizations for one of the 15 recruited-for vacancies. For 
the remaining 20 vacancies, the licensee apparently used only 
some of the following: on-air announcements, walk-ins, employee 
referrals, an advertising agency, re-hires, and/or unsolicited 
resumes. Applicant and interview pool information was provided 
for only 14 vacancies. For seven of these 14 positions, the 
licensee attracted 10 minorities among 160 applicants and 
interviewed 10 minorities among 147 applicants. The record 
indicates that KTEM/KTEM-FM attracted minorities to 12 (34%) of 
its overall applicant and interview pools, including five (14%) 
of the 35 upper-level applicant and interview pools. The 
licensee hired four minorities (two Hispanics and two Blacks) for 
five vacancies. One of the Hispanic hires was counted twice
18 The licensee reported minority referrals from the Temple 
Daily Telegram (two), on-air ads (one) and an employee 
(three).
19 Recruitment with newspapers included contact with the 
Temple Daily Telegram. Killeen Herald and Belton Journal.
20 Contact with educational institutions included use of 
Baylor University, Paul Quinn College, University of Texas, Central 
Texas College, Temple Jr. College and McLennan Community College.
21 American Businesswomen's Association, Business & 
Professional Women, Temple Independent Ladies Auxiliary, Altrusa 
Club of Temple, American Association of University Women, NAACP, 
Casa Hispanica, American GI Forum and Junior League of Temple.
22 This number of minority applicants does not include 
three minorities hired during the subject period.
23 The Killeen-Temple, Texas MSA, in which the stations are 
located, has a 20.9% minority labor force (10.0% Black, 8.7% 
Hispanic, 1.8% Asian/Pacific Islander, 0.4% American Indian). The 
1984 Annual Employment Report lists one Black (4.0%) and one 
Hispanic (4.0%) among 25 full-time employees overall, including one
849
because she was originally hired as a salesworker in August 1989, 
but departed in September 1989, due to complications in her 
pregnancy. She was re-hired as News Director in March 1990.
28. There are no substantial and material questions fact 
warranting designation for hearing. Astroline. supra. The 
licensee recruited, hired and employed minorities. We find no 
evidence of employment discrimination. Accordingly, we will 
grant renewal of the stations' licenses.
29. However, the licensee's recruitment efforts were deficient 
because it failed to recruit so as to attract an adequate pool of 
minority applicants for at least 66% (23) of its 35 full-time 
positions. Our investigation reveals that only 12 (34%) of the 
overall applicant and interview pools included minorities. 
Moreover, only five (14%) of the 35 upper-level applicant and 
interview pools included minorities. Therefore, minorities were 
absent from 66% of the overall pools and 86% of the upper-level 
pools. Notwithstanding the absence of minorities from the 
applicant and interview pools as noted above, it does not appear 
that the licensee consistently engaged in efforts to attract 
minorities or otherwise conducted meaningful self-assessment of 
its program. KTEM/KPLE(FM) did not affirmatively recruit for 20 
of its 35 hiring vacancies. Further, the extent to which the 
licensee contacted minority sources for vacancies is unknown. 
Accordingly, a base forfeiture of $12,500 is warranted. See 
Policy Statement, supra.
30. Further, the licensee's failure to recruit so as to attract 
an adequate pool of minority applicants for at least 33% of the 
overall and upper-level full-time positions renders its EEO 
efforts egregiously deficient warranting an upward forfeiture 
adjustment of $6,250. The licensee's inadequate recruitment 
justifies two additional upward adjustments of $6,250 each, given 
the large number of hiring opportunities and the presence of a 
large minority labor force (20.9%). In sum, these deficiences 
warrant a short term renewal and a total forfeiture of $31,250. 
See Policy Statement, supra.
Black (4.8%) and one Hispanic (4.8%) among 21 upper-level job 
employees. The 1985 report lists two Hispanics (8.7%) among 23 
full-time employees overall and one Hispanic (5.3%) among 19 upper- 
level job employees. In the 1986 report, one Black (4.5%) and one 
Hispanic (4.5%) are listed among 22 full-time employees overall and 
one Black (5.0%) and one Hispanic (5.0%) are listed among 20 upper- level job employees. In the 1987 report, one Hispanic is listed 
among 23 full-time employees overall (4.3%) and among 21 upper- 
level job employees (4.8%). The 1988 report lists no minorities 
among 19 full-time employees. The 1989 and 1990 reports list one 
Black (5.9%) among 17 full-time employees and one Black (6.3%) 
among 16 upper-level job employees.
850
31. We note that the licensee hired minorities equal to 50% of the Killeen-Temple labor force for the period May 1, 1987, to 
July 31, 1990, thus, warranting a $6,250 downward adjustment in the forfeiture. See Policy Statement, supra. Under these 
circumstances, we will renew the licenses for less than a full term subject to reporting conditions and issue a Notice of 
Apparent Liability for $25,000.
KSAM/KSAM-FM. Huntaville
32. The stations' 1990 EEO Program Report and inquiry responses reveal that from February 1, 1987, to July 31, 1990, the 
licensee filled 38 full-time vacancies, including 37 for upper- level positions. For 21 vacancies, the licensee contacted some 
of the following sources: Sam Houston State University, Radio & Records. Texas Employment Commission, Texas Association of 
Broadcasters, on-air ads, employees, Huntsville Item and walk- 
ins.27 For the remaining 17 vacancies, the licensee used only 
on-air ads, walk-ins and/or employee referrals. The licensee 
used more than one source for only 10 of its 38 vacancies and received 15 minorities among 151 applicants for seven of those 10 
vacancies. Only one source was used for 28 vacancies for which
24 The licensee also submits post-term employment data for 
six hires through September 4, 1990. For the reasons stated in n.7, supra, we will not consider tnese hires.
25 In its renewal applications, the licensee reports 
minority referrals from the following sources during the reporting year: Sam Houston State University/School of Broadcasting (one), 
Sam Houston State University/radio-tv school (two), on-air ads 
(one), employees (one) and Radio & Records (two).
26 The licensee also lists Conroe Courier in its renewal 
applications; however, this source is not listed as being contacted 
for any full-time vacancies.
27 In its first inquiry response, the licensee stated that 
it has a continuing relationship with the local branch of the NAACP and that "[t]he NAACP is therefore informally apprised of job 
openings and has not been listed as a referral source for each individual position." In response to a Commission request that it 
list when and each specific position for which NAACP was contacted, the licensee stated that it merely proposed to contact NAACP.
28 For 12 of these vacancies, the source listed is an 
outside source: a newspaper, trade magazine or the Texas Association of Broadcasters. For the remaining 16 vacancies, the
851
the licensee received only one minority (a hiree) among 30 
applicants. Thus, the licensee attracted a total of 16 
minorities among 181 applicants for eight (21%) of 38 vacancies. 
Only three minorities were among the 72 applicants interviewed 
for three (8%) positions. For 27 of the 28 vacancies for which 
.the licensee used only one source, the person hired was the only 
applicant while for each of these 28 vacancies, the person 
hired was the only person who was interviewed. Only one 
minority, a Hispanic, was hired for an upper-level position 
during the three year period under review.
33. In its renewal applications, the licensee states that it has 
made consistent efforts "to meet the FCC parity guidelines 
regarding employment for women and minorities" and that its 
efforts have provided a significant number of referrals.31 The
only source listed is employee referrals, radio ads or walk-ins.
29 Three applicants (no minorities) were attracted for one 
of the 28 positions for which the licensee used only one source.
30 The Walker County, Texas labor statistics include a 22% 
minority labor force (15.9% Black, 4.7% Hispanic, 0.9% 
Asian/Pacific Islander, 0.5% American Indian). The 1984 Annual 
Employment Report lists one Black among 15 full-time employees 
(6.7%) and no minorities among 13 upper-level job employees. In 
the 1985 report, one Black (6.7%) and one Hispanic (6.7%) are 
listed among 15 full-time employees overall and upper-level. The 
1986 report lists one Black (6.3%) and one Asian (6.3%) among 16 
full-time employees, including one Black (6.7%) and one Asian 
(6.7%) among 15 upper-level job employees. In the 1987 report, 
one Black (6.7%) and one American Indian (6.7%) are listed among 
15 full-time employees, including one Black (7.1%) and one American 
Indian (7.1%) among 14 upper-level job employees. The 1988 report 
lists one American Indian (7.7%) among 13 full-time employees and 
no minorities among 11 upper-level job employees. In the 1989 
report, no minorities are listed among 13 full-time employees. The 
1990 report lists one Hispanic (7.1%) among 14 full-time employees 
and 13 upper-level job employees (7.7%).
In its first inquiry response, the licensee lists a Black 
male hired for a full-time announcer position on July 14, 1990. Its amendment to the renewal applications, however, states that he 
was originally hired as a part-time employee and subsequently 
promoted to a full-time position. The licensee states that it 
considers this to be both a promotion and a new hire. Nonetheless, 
the factors surrounding this position (present employee moved to 
a new position with increase in responsibilities and pay) 
constitute a promotion and not a new hire.
31 See n.ll, supra.
852
licensee notes that the station is located in a college town 70 miles from Houston and, therefore, has a substantial turnover of 
employees seeking employment in Houston and other larger markets.
34. There are no substantial and material questions of fact warranting designation for hearing. Astroline. supra. The 
licensee did employ Blacks and Hispanics during the license term, and made some recruitment efforts. In addition, we find no 
evidence of employment discrimination. Therefore, renewal is in the public interest.
35. However, the licensee's recruitment efforts to attract qualified minorities were deficient because it failed to recruit 
so as to attract an adequate pool of minority applicants for at least 66% (25) of its 38 full-time positions. Our investigation 
indicates that minorities were included in eight (21%) of the 
overall applicant pools and only one (3%) of the 37 upper-level applicant pools. Minorities were included in only three (8%) of 
the 38 overall interview pools and one (3%) of the 37 upper- level interview pools. Thus, minorities were absent from 79% of 
the overall applicant pools and 97% of the upper-level applicant pools. Minorities were also absent from 92% of the overall 
interview pools and 97% of the upper-level interview pools. Notwithstanding the absence of minorities from the applicant and 
interview pools as noted above, it does not appear that the licensee consistently engaged in efforts to attract minorities or 
otherwise conducted meaningful self-assessment of its program. 
The licensee's inadequate efforts resulted, in part, from its failure to contact outside recruitment sources for a substantial 
number of hiring vacancies 17 of 38 positions (45%). Instead, it used non-productive recruitment methods, such as walk-ins and 
employee referrals. It appears that no minority sources were 
contacted for the subject positions. Accordingly, a base forfeiture of $12,500 is warranted. See Policy Statement, supra.
36. In addition, the licensee's failure to recruit so as to attract an adequate pool of minority applicants for at least 33% 
of the overall and upper-four full-time positions indicates 
egregiousness, warranting an upward forfeiture adjustment of $6,250. Also, an upward adjustment of $6,250 is appropriate due 
to the large number of hiring opportunities (38) during the license term. The combination of the foregoing deficiencies, 
along with the large minority labor force (22%) justifies a further upward adjustment of $6,250, for a total forfeiture of 
$31,250. Given the number and types of deficiencies noted, a
In its renewal applications, the licensee proposed contact 
with minority organizations, including NAACP and LULAC, as well as minority community leaders. However, no minority sources were 
contacted for the five positions filled after the renewal applications were filed.
853
short term renewal is also warranted. See Policy Statement. 
supra. Accordingly, we will renew the licenses for less than a full term subject to reporting conditions and issue a Notice of 
Apparent Liability for $31,250.
KYKX(FM). Lonovi ew
37. The station's 1990 EEO Program Report, opposition and inquiry responses reveal that the licensee filled 34 full-time 
vacancies, including 32 for upper-level positions from March 24, 1987, to July 31, 1990. The licensee stated that it received 
minority referrals from on-air ads (one), Longview newspapers (one), and a direct inquiry (one). The licensee could not 
provide complete information regarding: referral sources contacted for specific vacancies; the number, race and gender 
of those who applied as well as those who were interviewed for specific positions; and the referral sources of 14 successful 
applicants, including the Black female who was hired. Thus, it
33 The licensee lists as "uncertain" two referrals from on- 
air ads and nine referrals from Longview newspapers.
In its renewal application, the licensee states that it 
contacted Community Press, a Black newspaper; NAACP; Metro Chamber of Commerce (Black Chamber of Commerce), Longview Women's Network 
and Women's Activity Center. However, its inquiry response lists no contacts with these sources for specific vacancies. In response 
to a second inquiry on this issue, the licensee explained that because these sources were listed on the station's EEO records, it 
is certain that they were contacted "from time to time." However, because "[n]one of the key people who would have been involved in 
actively soliciting female and minority personnel . . . are still with KYKX-FM or Sun Group, Inc.," it is unable to document the 
extent of such use. In its opposition, the licensee indicates that the above-listed minority and female sources were added in "early 
1990" and it submitted copies of letters dated March 20, 1990, and March 21, 1990, to Metro Chamber of Commerce, Longview Women's 
Network and Women's Activity Center, in which it requested minority and female referrals without listing specific vacancies. However, 
we note that for a subsequent position -filled in June 1990, the licensee did not contact these or any other recruitment sources.
In addition, the licensee submitted copies of letters dated August 31, 1990, to Community Press. NAACP, and Metro Chamber 
of Commerce in which it requested referrals for a specific vacancy. Because these efforts occurred 30 days after the license term 
expired, they are post-term and will not be considered. See n.7, supra.
854
appears that minorities were attracted to only one (3%) of the 34 overall applicant 
and interview pools and only one (3%) of the 32 upper-level applicant and interview pools. 
A review of the referral sources of 20 successful applicants reveals that only 
five were referred by employment agencies or on-air 
advertisements and the other 15 were referred by "word of mouth," walk-ins, 
or personal referrals. The one minority hired during the period 
under review, and apparently employed full-time during the licensee's tenure, was a Black 
female hired for an air personality position.
38. NAACP argues that the station's 1990 EEO Program Report "contains all of the telltale 
signs of a neglected EEO Program." It notes that none of the 14 persons listed 
as hires during the reporting year was a minority, that none of the community 
organizations listed as having been contacted produced female or minority 
referrals and that only three minorities could be identified as candidates 
from other sources.
39. In its opposition, the licensee acknowledges that the 
station "has been lacking in its procedures to formally contact minority 
and other referral sources, and less than thorough about internal recordkeeping concerning 
applicant flow data for individual job openings." Nonetheless, 
it states that the record shows a successful effort to secure and hire minority 
applicants and no instances of discrimination. It points to a variety of 
general recruitment sources to demonstrate its recruitment outreach to attract minorities. 
In addition, it cites its employment of a 
Black female in an upper-level position in 1986, 1987 and 1988 as evidence that the station 
"encourages" Black employment and attributes its failure to attract more minorities 
to the station's country and western format. Nonetheless, in early 1990, more sources 
"which are regarded to be productive in
The Longview, Texas MSA, in which the station is 
located, has a 21.8% minority labor force (18.7% Black, 2.2% Hispanic, 0.5% Asian/Pacific 
Islander, 0.4% American Indian). The 1986 Annual Employment Report lists no 
minorities among 19 full- time employees. In the 1987 and 1988 reports, one Black is listed 
among 18 full-time employees (5.6%), including 15 (6.7%) and 17 (5.9%) upper-level 
job employees, respectively. The 1989 and 1990 reports list no minorities among 
17 full-time employees.
36 The licensee submits copies of ads placed for vacancies, 
including on-air ads for two positions noted above. In addition, it provides 
a copy of an on-air ad for a sales position, a newspaper ad and an ad 
for Radio & Records for program director. The ads for the sales and program 
director positions do not correspond to any of the positions listed in the 
licensee's inquiry response and the newspaper ad appears to be for a part-time 
position.
855
terms of reaching Black candidates," were added to its 
recruitment list.
40. There are no substantial and material questions of fact 
warranting designation for hearing. The licensee did hire and 
employ Blacks during the license term. In addition, we find no 
evidence of employment discrimination. Thus, grant of the station's 
renewal application serves the public interest.
41. However, the licensee's recruitment efforts were deficient. 
It apparently failed to recruit so as to attract an adequate pool 
of minority applicants for at least 66% (22) of its 34 full-time 
positions. The record indicates that only one (3%) of the 34 
overall and upper-level applicant and interview pools included a 
minority. Additionally, one (3%) of the 32 upper-level applicant 
and interview pools included a minority. Therefore, minorities 
were absent from 97% of the overall and upper-level applicant and 
interview pools. Notwithstanding the absence of minorities from 
the applicant and interview pools as noted above, it does not 
appear that the licensee consistently engaged in efforts to 
attract minorities or otherwise conducted meaningful self- 
assessment of its program. In addition to the licensee's lack of 
information on the referral sources used for specific vacancies, 
we note that at least 15 of the 34 successful applicants were 
referred by "word of mouth," walk-ins, or personal referrals. 
Accordingly, a base forfeiture of $12,500 is warranted. See 
Policy Statement, supra.
42. Moreover, KYKX(FM)'s failure to recruit so as to attract an 
adequate pool of minority applicants for at least 33% of its overall 
and upper-level full-time positions indicates egregious misconduct 
which justifies an adjustment of the forfeiture by $6,250. 
A further upward adjustment of $6,250 is warranted based on the large 
number of vacancies during the license term. Lastly, the 
licensee's efforts were particularly inadequate given the large 
minority labor force (21.8%), thus, an additional upward adjustment 
of $6,250 is appropriate in this case. Given the combination 
of the above program deficiencies, a short term is also warranted. 
See Policy Statement, supra. Accordingly, we will renew the license 
for a short term subject to reporting conditions and issue 
a Notice of Apparent Liability for $31,250.-
37 In addition, aspects of the licensee's assessment concern 
us. As we have stated consistently, a station's format has no 
bearing on its EEC obligations. See WINFAS, Inc., 5 FCC Red 4902, 
4906 n.7 (1990); Leflore Communications. Inc. v. FCC, 66 FCC 2d 
734, 784-785 (1975) . Further, we note that in its renewal 
application, KYKX(FM) proposed to contact new recruitment sources, 
including minority organizations. However, no minority sources 
were contacted for the position filled after the renewal
856
V. CONCLUSION
43. After reviewing the evidence and arguments submitted by 
NAACP and, regarding KEGL(FM), NBMC, and all licensees in the 
instant case, we find no hearings are warranted and the records 
of the licensees support the granting of all their renewal 
applications, albeit for short terms and subject to reporting 
conditions. Notices of Apparent Liability will issue as follows: 
KEGL(FM): $18,750; KMND/KNFM(FM): $25,000; KTEM/KPLE(FM): 
$25,000; KSAM/KSAM(FM): $31,250; andKYKX(FM): $31,250.
VI. ORDERING CLAUSES
44. Accordingly, IT IS ORDERED, that the Joint Request for 
Approval of Settlement Agreement filed by NAACP and the licensee 
of Stations KMND/KNFM(FM) IS GRANTED, the settlement agreement IS 
APPROVED and the petition filed by NAACP IS DISMISSED.
45. IT IS FURTHER ORDERED, that the Joint Request for Approval 
of Settlement Agreement filed by NAACP and the licensee of 
Stations KTEM/KPLE(FM) IS GRANTED, the settlement agreement IS 
APPROVED and the petition filed by NAACP IS DISMISSED.
46. IT IS FURTHER ORDERED, that the Joint Request For 
Withdrawal filed by NAACP and the licensee of Stations KSAM/KSAM- 
FM IS GRANTED and NAACP1s petition IS DISMISSED.
47. IT IS FURTHER ORDERED that the informal objection filed by 
the National Black Media Coalition against the renewal 
application for Station KEGL(FM) IS DENIED.
48. IT IS FURTHER ORDERED that the petition to deny filed by the NAACP against the renewal applications for Stations KEGL(FM) and 
KYKX(FM) IS DENIED.
49. IT IS FURTHER ORDERED, that the renewal application filed by 
Eagle Radio, Inc. for Station KEGL(FM) IS GRANTED FOR A SHORT 
TERM ending August 1, 1995, subject to reporting conditions 
specified herein, and pursuant to Section 503, a NOTICE OF 
APPARENT LIABILITY FOR FORFEITURE in the amount of $18,750.
50. IT IS FURTHER ORDERED, that the renewal applications filed 
by Bakcor Broadcasting, Inc., Debtor, for Stations KMND/KNFM(FM) 
ARE GRANTED FOR A SHORT TERM ending August 1, 1995, subject to 
the reporting conditions specified herein, and pursuant to 
Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the 
amount of $25,000.
application was filed.
857
51. IT IS FURTHER ORDERED, that the renewal applications filed 
by KTEM Radio, Inc. for Stations KTEM/KPLE(FM) ARE GRANTED FOR A 
SHORT TERN ending August 1, 1995, subject to the reporting 
conditions specified herein, and pursuant to Section 503, a 
NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of 
$25,000.
52. IT IS FURTHER ORDERED, that the renewal applications filed 
by Walker County Communications, Inc. for Stations KSAM/KSAM(FM) 
ARE GRANTED FOR A SHORT TERM ending August 1, 1995, subject to 
the reporting conditions specified herein, and pursuant to 
Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the 
amount of $31,250.
53. IT IS FURTHER ORDERED, that the renewal applications filed 
by Radio Sungroup of Texas, Inc. for Station KYKX(FM) ARE GRANTED 
FOR A SHORT TERM ending August 1, 1995, subject to the reporting 
conditions specified herein, and pursuant to Section 503, a 
NOTICE OF APPARENT LIABILITY FOR FORFEITURE in the amount of 
$31,250.
54. IT IS FURTHER ORDERED that the licensees of Stations 
KEGL(FM), KMND/KNFM(FM), KTEM/KPLE(FM), KSAM/KSAM(FM) and 
KYKX(FM) submit to the Commission an original and one copy of the 
following information on April 1, 1994, April 1, 1995, and April 
1, 1996:
a. For each report, please make two lists divided by 
full-time and part-time job vacancies during the 
twelve months preceding the respective reporting 
dates, indicating the job title and FCC job 
category, date of hire, the race or national 
origin and sex of the person hired. This list 
should also note which recruitment sources were 
contacted;
Such a list might start: 
1) News Director: Officials and Managers; Full-time.
3 Applicants: 1 White female A.W.R.T1 Hispanic male National Hispanic Media
Coalition 
1 Black female NAACP
Sources contacted - Local newspaper, A.W.R.T., National Hispanic 
Media Coalition and NAACP
Selected - Hispanic male (08/19/94)
858
b. A list of employees as of the March 1st payroll 
period for each annual report by job title, indicating full-time or part-time status (ranked 
from highest paid classification), date of hire, sex, and race or national origin; and
c. Details concerning the station's efforts torecruit minorities for each position filled during 
the 12-month periods 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.
55. The reports are to be filed with the Acting Secretary of the Commission for the attention of the Mass Media Bureau's EEO 
Branch.
56. Should the parties have any questions regarding this action or require further information concerning employment reports, 
they may telephone the Mass Media Bureau's EEO Branch at 202- 632-7069. With respect to the forfeiture proceeding, the 
licensees may take any of the actions set forth in Section 1.80 of the Commission's Rules, as summarized in the attachment to 
this Order. Any comments concerning the ability to pay should include those financial items set forth in the attachment.
57. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail -- Return Receipt Requested -- one copy of this 
Memorandum Opinion and Order and Notices of Apparent Liability to 
all parties.
FEDERAL COMMUNICATIONS COMMISSION
William F. Caton Acting Secretary
859