FCC 95-349 Federal Communications Commission Record 10 FCC Red No. 21 Before the Federal Communications Commission Washington, D.C. 20554 In re Applications of Omaha Great Empire Broadcasting, Inc. For Renewal of License of Stations WOW(AM)/WOW-FM Omaha, Nebraska Stauffer Topeka Radio Trust File Nos. BR-900125UV BRH-900125UW File Nos. BR-900201F6 BRH-900201UG For Renewal of License of Stations WIBW(AM)AVIBW-FM) Topeka, Kansas MEMORANDUM OPINION AND ORDER Adopted: August 9,1995; Released: October 4, 1995 By the Commission: 1. The Commission has before it for consideration: (1) its decision in Midland Broadcasters, Inc., 9 FCC Red 2091 (1994) (Midland); (2) a Petition for Reconsideration of Midland filed by the Kansas State Conference of Branches of the NAACP, including its Topeka Branch, and the Iowa-Nebraska State Conferences of Branches of the NAACP, including its Omaha Branch (hereinafter "Peti tioners" or "NAACP"); and (3) an opposition to the NAACP's petition filed by Omaha Great Empire Broad casting, Inc., licensee of Stations WOW(AM)/WOW-FM. For the reasons that follow, we dismiss the NAACP's peti tion with regard to Stations WIBW(AM)/WIBW-FM, and we deny the NAACP's petition with regard to Stations WO W(AM)AVOW-FM. Stations W1BW(AM)AVIBW-FM 2. On November 28, 1994, the NAACP and the licensee of Stations WIBW(AM)/WIBW-FM filed a joint request for approval of settlement agreement. The joint request seeks approval of the agreement and dismissal of the NAACP's petition for reconsideration. We have reviewed the settle ment agreement pursuant to 47 C.F.R. § 73.3588 and Pre vention of Abuses of the Renewal Process, 4 FCC Red 4780 (1989). We find that the settlement agreement complies with the Commission's rules and policies. Accordingly, we grant the joint request, approve the agreement, and dismiss the NAACP's petition for reconsideration insofar as it re lates to the renewal applications for Stations WIBW(AM)/WIBW-FM. Stations WOW(AM)/WOW-FM 3. With regard to stations WOW(AM)/WOW-FM, in Mid land the NAACP was granted standing as a petitioner to deny. We concluded that there was no evidence that the licensee had engaged in discrimination. We found that the licensee had received some minority referrals and appli cants and had interviewed and hired minorities during the license term. Accordingly, we granted the renewal applica tions for a short term. However, because the licensee did not consistently engage in efforts to attract minorities or otherwise conduct meaningful self-assessment of its pro gram, we imposed a forfeiture of $25,000 as well as report ing conditions. 4. Reconsideration is appropriate only where the petitioner shows either a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. See WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd sub nom. Lorain Journal Co. v. FCC, 351 F.2d 824 (D.C. Cir. 1965), cert, denied, 383 U.S. 967 (1966) (WWIZ); 47 C.F.R. § 1.106(c) Applying this standard, we conclude that reconsideration is not warranted with respect to our disposition of the license renewal applications for WOW(AM)/WOW-FM. 5. In seeking reconsideration, the NAACP does not dis pute any specific factual finding concerning Stations WOW(AM)/WOW-FM. Rather, the NAACP faults the de cision for not ordering a hearing based on the licensee's hiring record with respect to minorities, particularly for on-air positions. However, we fully considered the licens ee's record and efforts in reaching our decision. As we have repeatedly stated, reconsideration will not be granted for the purpose of debating matters on which we have already deliberated and spoken. See, e.g., Isis Broadcast Group, 8 FCC Red 24 (Rev. Bd. 1992), citing WWIZ. 6. The NAACP also maintains that the Commission should have inquired further about "errors" made by the licensee in reporting the number of hiring opportunities on its renewal applications and about the licensee's claim that EEO records were "inadvertently destroyed." How ever, the NAACP has alleged no facts to suggest that the licensee misrepresented facts with respect to hiring data or loss of records. As the NAACP has not demonstrated that our original decision contained a material error or omis sion, its petition is denied. 7. Accordingly, IT IS ORDERED, that the joint request for approval of settlement agreement filed by the NAACP and the licensee of Stations WIBW(AM)AVIBW-FM IS GRANTED, and the settlement agreement insofar as it relates to those stations IS APPROVED. 8. IT IS FURTHER ORDERED, that the petition for reconsideration filed by the NAACP concerning the license renewal applications for Stations WIBW(AM)/WIBW-FM IS DISMISSED. 9. IT IS FURTHER ORDERED, that the petition for reconsideration filed by the NAACP concerning the license renewal applications for Stations WOW(AM)/WOW-FM IS DENIED. 10. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail-Return Receipt Requested, copies of this Memorandum Opinion and Order to the NAACP and the licensees of Stations WIBW(AM)/WIBW-FM, and WOW(AM)/WOW-FM. 10982 10 FCC Red NO. 21 Federal Communications Commission Record FCC 95-349 FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary 10983