Federal Communications Commission________FCC 96-379
Before the
Federal Communications Commission 
Washington, D.C. 20554
In re Applications of )
)Shreveport Great Empire Broadcasting, Inc. ) File Nos. BR-960201B8
) BRH-960201B7
) For Renewal of License for )
Stations KWKH(AM)/KWKH-FM ) 
Shreveport, Louisiana )
MEMORANDUM OPINION AND ORDER 
AND NOTICE OF APPARENT LIABILITY
Adopted: September 12, 1996 Released: September 25, 1996 
By the Commission: Commissioner Quello concurring in the result.
1. The Commission has before it for consideration: (i) license renewal applications 
for KWKH(AM)/KWKH-FM, Shreveport, Louisiana;1 and (ii) the licensee's response to a staff
letter of inquiry.
2. Review of the stations' renewal applications, annual employment reports, and 
inquiry response leads us to conclude that there are no substantial and material questions of fact 
warranting designation for hearing. Further, we find no evidence of employment discrimination. 
Grant of the applications is consistent with Section 309(k) of the Communications Act of 1934, 
as amended, 47 U.S.C. § 309(k). Thus, because the licensee is otherwise qualified, grant of the 
applications will serve the public interest. 47 U.S.C. §309(d)(2). However, for the reasons 
discussed below, we will grant renewal subject to reporting conditions and a Notice of Apparent 
Liability for forfeiture in the amount of $16,500.
3. Section 73.2080 of the Commission's Rules requires that a broadcast licensee 
refrain from employment discrimination and establish and maintain an EEO program that reflects 
positive and continuing efforts to recruit and promote qualified women and minorities. When 
evaluating EEO performance, the Commission focuses on the licensee's efforts to recruit and 
promote qualified minorities and women and the licensee's ongoing assessment of its EEO 
efforts. Such an assessment enables the licensee to take corrective action if qualified women and
The license term for these stations expired June 1, 1996.
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minorities are not present in the applicant pools. The Commission also focuses on any evidence 
of discrimination by the licensee. See Sections 73.2080 (a), (b), and (c) of the Commission's 
Rules, 47 C.F.R. §§ 73.2080 (a), (b), and (c).2
4. Review of the licensee's renewal applications and inquiry response reveals that the 
licensee had 27 full-time hires, 26 for upper-level positions, from May 1, 1993, to May 1, 1996.3 
In its inquiry response, the licensee indicates that it did not contact outside sources for 15 
positions. The licensee states that for these positions it either hired someone who inquired if 
there were any positions available at the stations, or selected an employee from resumes already 
on file. For nine positions, the licensee indicates that it contacted one to three general sources.4 
For two additional positions, it aired ads on the stations and reviewed applications on file from 
a local college job fair. For the remaining vacancy, occurring near the end of the license term, 
the licensee contacted ten general sources and aired ads on the stations. The licensee reports that 
minorities were in seven applicant and interview pools. Twelve minorities were among 127 
applicants and among 114 interviewees for the 27 positions. The licensee reports that it hired 
two Blacks and one Hispanic for upper-level positions. In its renewal applications, the licensee 
discusses the fact that it did not hire or promote any minorities during the 12-month period prior 
to filing its renewal application. It states that it "believes that this result is an anomaly when 
compared against its record during the previous years of its license term." The licensee quotes 
hiring and promotion statistics indicating that it hired and promoted minorities in 1993 and 1994.
2 The licensee is reminded that under our EEO Rule, 47 C.F.R. § 73.2080, it has an obligation to recruit for 
females and minorities for each vacancy. To the extent that licensees fail to do so, female, as well as minority 
recruitment is affected.
3 According to 1980 Census data, the Shreveport, Louisiana Metropolitan Statistical Area (MSA), in which 
the stations are located, had a 45.0% female and 30.6% minority labor force (28.6% Black, 1.4% Hispanic, .6% 
Other). The stations' 1990 Annual Employment Report lists 13 females (39.4%) and three Blacks (9.1%) on an 
overall staff of 33, and 11 females (35.5%) and two Blacks (6.5%) on an upper-level staff of 31. In 1991, the 
stations employed 13 females (40.6%) and three Blacks (9.4%) on an overall staff of 32 and 10 females (34.5%) 
and two Blacks (6.9%) on an upper-level staff of 29. In 1992, the stations employed 12 females (38.7%) and four 
Blacks (12.9%) on an overall staff of 31 and nine females (32.1 %) and .three Blacks (10.7%) on an upper-level staff 
of 28.
The Commission uses 1990 labor force statistics for license renewal applications filed after May 31, 1993, and for 
1993 Annual Employment Reports. See Public Notice # 32651 (April 12, 1993). According to 1990 Census data, 
the Shreveport, Louisiana MSA includes 48.3% females and 31.5% minorities (29.3% Black, 1.3% Hispanic, and 
.9% Other). The stations' 1993 Report lists 10 females (30.3 %) and three Blacks (9.1 %) on an overall staff of 33 
and eight females (25.8%) and two Blacks (6.5%) on an upper-level staff of 31. The stations' 1994 Report lists 
12 females (36.4%) and two Blacks (6.1%) on an overall staff of 33 and ten females (32.3%) and two Blacks 
(6.5%) on an upper-level staff of 31. The stations' 1995 Report lists 12 females (36.4%) and five minorities [four 
Blacks (12.1%) and one Hispanic(3.0%)]on an overall staff of 33 and eight females (27.6%) and four minorities 
[three Blacks (10.3%) and one Hispanic (3.4%)] on an upper-level staff of 29.
4 The licensee contends that it contacted only a newspaper for one of these positions and only an employment 
agency for another of these positions because the employee to be replaced had not yet been dismissed.
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The licensee states that it attended several job fairs and career days during the renewal year, from 
which it received minority referrals. It also describes several internship/training programs at the 
stations in which females and/or minorities participated in 1994 and 1995.
5. In their renewal applications, KWKH(AM)/KWKH-FM contend that they review 
the success of their EEO program on an ongoing basis and makes changes when necessary. The 
licensee sets forth several examples of these changes, including adding two local schools with 
significant minority enrollments to its list of recruitment sources in 1994 and recently identifying 
five additional sources that might "be able to refer an increased number of minority and female 
applicants for upper four positions." In addition, the licensee states in its inquiry response that 
it has "recently centralized responsibility for implementation of [its] EEO program in a single 
individual to seek to ensure that EEO outreach is conducted every time there is a new hire, so 
that situations in which a person is hired without conducting EEO outreach will be minimized 
or eliminated entirely."
6. There is no evidence that the licensee engaged in employment discrimination. The 
licensee recruited, attracted, interviewed and hired minorities during the review period, as well 
as conducted several internship/training programs in which minorities and/or females participated. 
Moreover, KWKH(AM)/KWKH-FM's record does not present a substantial and material question 
of fact warranting a hearing. Therefore, finding the licensee to be otherwise qualified, renewal 
of the licenses is appropriate. However, for the reasons discussed herein, we will grant renewal 
with appropriate remedies and sanctions.
7. We find the licensee's minority recruitment efforts to be deficient because it failed 
to recruit actively for 15 of its 27 vacancies (55.5%), and, despite recruiting minorities for only 
seven of 27 applicant and interview pools (25.9%), failed to engage in meaningful self-assessment 
of its EEO program by making significant changes in its recruitment efforts. 47 C.F.R. § 
73.2080.
8. In determining a forfeiture, we look to case precedent, taking into consideration 
the relevant statutory factors in Section 503(b)(2) of the Communications Act, including the 
nature, circumstances, extent and gravity of the violations, and a licensee's record of compliance 
with our rules. In our evaluation, we consider the station's size, number of hiring opportunities, 
minority labor force, recruitment patterns, applicant and interview pools, assessment and record- 
keeping. E. g.. Stauffer Communications. Inc.. 10 FCC Red 5060, 5061 (1995).
9. After carefully reviewing the facts, we find that the record in the instant case is 
similar to but more egregious than that of WLAE-TV, New Orleans, Louisiana, in Application 
of Educational Broadcasting Foundation. Inc.. 10 FCC Red 3974 (1995). As in this case, WLAE- 
TV failed to recruit actively for a substantial number (ten) of its 24 vacancies, and failed to 
include minority applicants in a majority (19) of its applicant pools despite being located in an 
area with a significant minority labor force (32.5%). The licensee also failed to maintain 
adequate records for meaningful self-assessment. We renewed the license of WLAE-TV subject 
to reporting conditions and issued a Notice of Apparent Liability for $15,000.
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10. Both KWKH(AM)/KWKH-FM and WLAE-TV failed to recruit actively for a 
substantial number of their vacancies and failed to include minority applicants in a majority of 
their applicant pools (74.1% and 79.2%, respectively) despite being located in areas with 
significant minority labor forces, [30.6% in 1980 and 31.5% in 1990 for KWKH(AM)/KWKH- 
FM and 32.5% for WLAE-TV]. The licensee of WLAE-TV failed to keep complete records of 
its EEO efforts, necessary for meaningful self-assessment, whereas the licensee in this case kept 
complete records of its EEO efforts. However, there is little evidence that this licensee reviewed 
the information that it recorded to self-assess its EEO program meaningfully. As previously 
stated, it failed to recruit actively for a majority of its vacancies and failed to contact more than 
three general sources for the remainder of its vacancies (except for one vacancy occurring near 
the end of the license term) despite having minorities in few of its applicant pools. 
KWKH(AM)/KWKH-FM's record is more egregious than that of WLAE-TV because the stations 
actively recruited for substantially fewer vacancies (44.4%) than did WLAE-TV (58.3%). Given 
the facts of this case and broadcasters' familiarity with our long-standing EEO rule, we conclude 
that a Notice of Apparent Liability for $16,500 is justified. Further, we impose reporting 
conditions to monitor the licensee's prospective recruitment and recordkeeping measures. 
Accordingly, finding the licensee to be otherwise qualified, we will grant renewal subject to 
reporting conditions, and issue a Notice of Apparent Liability for $16,500.5
11. Accordingly, IT IS ORDERED that the license renewal applications for Stations 
KWKH(AM)/KWKH-FM ARE GRANTED, subject to the reporting conditions specified herein, 
and, pursuant to Section 503 of the Communications Act, a NOTICE OF APPARENT 
LIABILITY FOR FORFEITURE in the amount of $16,500.
12. IT IS FURTHER ORDERED that the licensee of Stations KWKH(AM)/KWKH- 
FM submit to the Commission an original and one copy of the following information on February 
1, 1997, February 1, 1998, and February 1, 1999:
(a) Two lists divided by full-time and part-time vacancies during the 12 months 
preceding January 1, 1997, for the first report, January 1, 1998, for the second 
report, and January 1, 1999, for the third report, indicating the job title and FCC 
job category of the position, the date of hire, the race or national origin, sex and 
the referral source of each applicant for each job and the race or national origin 
and sex of the person hired. The list should also note which recruitment sources
5 On February 28, 1996, KWKH(AM)/KWKH-FM filed assignment applications, File Nos. BAL- 
960228EB and BALH-960228EL. In view of these pending applications, we note that, in the event of grant of 
the applications, reporting conditions will follow as a matter of law and pass automatically to the assignee. See 
e.g.. San Luis Obispo Limited Partnership. 9 FCC Red 994 (1994); Woolfson Broadcasting, Inc.. 4 FCC Red 
6160(1989).
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were contacted;6
(b) A list of employees as of the January 1, 1997, payroll period for the first report, 
January 1, 1998, payroll period for the. second report, and January 1,1999, payroll 
period for the third report, by job title and FCC job category 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 licensee's efforts to recruit minorities and women for each 
position filled during the 12 months preceding January 1,1997, for the first report, 
January 1, 1998, for the second report, and January 1, 1999, for the third report, 
including identification of sources used and indicating whether any of the 
applicants declined actual offers of employment. In addition, the licensee may 
submit any relevant information with regard to the stations' EEO performance and 
efforts thereunder.
13. IT IS FURTHER ORDERED that the Mass Media Bureau send by Certified Mail 
  Return Receipt Requested ~ a copy of this Memorandum Opinion and Order and Notice of 
Apparent Liability to Shreveport Great Empire Broadcasting, Inc.
14. The reports are to be filed with the Acting Secretary of the Commission to the 
attention of the Mass Media Bureau's EEO Branch.
15. With respect to the forfeiture proceeding, the licensee may take any of the actions 
set forth in Section 1.80 of the Commission's Rules, 47 C.F.R. § 1.80, 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.
FEDERAL COMMUNICATIONS COMMISSION
William F. Caton 
Acting Secretary
Such a list might start:
1) News Director: Officials and Managers; Full-time
3 Applicants: 1 White female A.W.R.T.
1 Hispanic male National Hispanic Media Coalition
1 Black Female Urban League 
Sources contacted: Local newspaper, A.W.R.T., National Hispanic Media Coalition and Urban League
Selected: Hispanic male (08/18/97); NHMC
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