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Issued NALF to MHR License LLC for $8,000 for Violation of EEO Rule.

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Released: December 30, 2011

Federal Communications Commission

DA 11-2094

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

MHR License LLC

)
FRN: 0012576385
)
Licensee of Stations
)
WGH(AM), Newport News, VA
)
NAL/Acct. No. MB-201141410034
)
Facility I.D. No. 72103
)
File No. BR - 20110531AHX
)
WGH-FM, Newport News, VA
)
NAL/Acct. No. MB-201141410035
)
Facility I.D. No. 72102
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File No. BRH - 20110531AJO
)
WVBW(FM), Suffolk, VA
)
NAL/Acct. No. MB-201141410036
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Facility I.D. No. 64000
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File No. BRH - 20110531AJQ
)
WVHT(FM), Norfolk, VA
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NAL/Acct. No. MB-201141410037
)
Facility I.D. No. 71287
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File No. BRH - 20110531AJU
)
WVSP-FM, Yorktown, VA
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NAL/Acct. No. MB-201141410038
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Facility I.D. No. 19836
)
File No. BRH - 20110531AJV

MEMORANDUM OPINION AND ORDER AND

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted: December 29, 2011

Released: December 30, 2011

By the Chief, Media Bureau

I. INTRODUCTION

1.
In this Memorandum Opinion and Order and Notice of Apparent Liability for Forfeiture
(“NAL”), we find that MHR License LLC (“the Licensee”), licensee of Stations WGH(AM), Newport
News, Virginia; WGH-FM, Newport News, Virginia; WVBW(FM), Suffolk, Virginia; WVHT(FM),
Norfolk, Virginia; and WVSP-FM, Yorktown, Virginia (“the Stations”), apparently willfully and
repeatedly violated the Commission’s equal employment opportunity (“EEO”) rules1 by failing to comply
with the recruitment and self-assessment requirements. Based upon our review of the facts and
circumstances before us, we conclude that the Licensee is apparently liable for a monetary forfeiture in
the amount of eight thousand dollars ($8,000). To prevent future violations of these requirements, we
also impose reporting conditions on the Licensee and any successor licensee of any of the Stations, as
well as on the licensee of any stations that become a part of the above Stations’ employment unit during
the reporting conditions periods listed below. We also grant the captioned license renewal applications
for Stations WGH(AM), WGH-FM, WVHT(FM) and WVSP-FM.


1 See 47 C.F.R. §§73.2080(c)(1)(i) and 73.2080(c)(3).

Federal Communications Commission

DA 11-2094

II. BACKGROUND

2.
Sections of the Rules at issue in this case include the following:
·
Section 73.2080(c)(1)(i) requires a licensee to use recruitment sources for each
vacancy in a manner sufficient, in the licensee’s reasonable, good faith judgment, to
widely disseminate information concerning the vacancy; and
·
Section 73.2080(c)(3) requires a licensee to analyze the recruitment program for its
employment unit on an ongoing basis to ensure that the program is effective in
achieving broad outreach to potential applicants, and to address any problems found
as a result of its analysis;
3.
We have before us the Licensee’s captioned license renewal applications for Stations
WGH(AM), WGH-FM, WVBW(FM), WVHT(FM), and WVSP-FM, and accompanying Broadcast EEO
Program Report (Form 396).2 We reviewed the applications and accompanying EEO public file reports
for the Licensee’s compliance at the Stations with Section 73.2080 of the Rules. The EEO public file
reports cover the reporting periods from June 1, 2009 through May 31, 2010, and June 1, 2010 through
May 31, 2011.

III.

DISCUSSION

4.
EEO Review. Our review reveals that during the reporting periods, the Licensee filled 14
full-time vacancies at its Stations and failed to properly recruit widely for five of them, instead relying
solely on Internet web sites to fill two vacancies,3 and web sites, word-of-mouth referrals, and vacancy
postings on its employee board to fill three vacancies,4 in violation of Section 73.2080(c)(1)(i) of the
Commission’s Rules. The Licensee’s reliance on non-public sources such as word-of-mouth referrals and
its own employee board, did not constitute sufficient recruitment as contemplated under the
Commission’s rules, which require public outreach. Internal postings do not result in sufficient public
outreach to inform job seekers who are unconnected to Licensee staff that positions at the Stations are
available.5 While the Commission does not require the use of a specific number of recruitment sources, if
a source or sources cannot reasonably be expected, collectively, to reach the entire community, as here, a
licensee may be found in noncompliance with the Commission’s EEO Rule.6 Further, the Commission’s
interpretation of the EEO Rule does not allow a licensee to recruit solely from Internet sources to meet the
requirement to widely disseminate information concerning the vacancy.7
5.
The Licensee violated our recruitment requirements repeatedly over a two-year reporting
period. We thus find that the Licensee also failed adequately to “analyze the recruitment program for the
licensee's unit on an ongoing basis to ensure that it is effective in achieving broad outreach to potential


2 See FCC File No. B396-20110531AHV.
3 The Licensee hired two applicants through a web site on September 28, 2009 and September 1, 2010.
4 The Licensee hired three unrecruited applicants through word-of-mouth referrals, a web site, and vacancy postings
on its employee board on March 24, 2010, December 1, 2010, and April 11, 2011.
5 See Cox Radio, Inc., Notice of Apparent Liability, 24 FCC Rcd 8889, 8890 (2009) (forfeiture paid) (“Cox Radio,
Inc
.”).
6 See 47 C.F.R. § 73.2080(c)(1)(i). See also, Review of the Commission’s Broadcast and Cable Equal Employment
Opportunity Rules and Policies,
MM Docket No. 98-204, Second Report and Order and Third Notice of Proposed
Rulemaking
, 17 FCC Rcd 24018, 24047, ¶86 (2002), recon. pending (“Second Report and Order”).
7 See Second Report and Order, 17 FCC Rcd at 24051, ¶99.
2

Federal Communications Commission

DA 11-2094

applicants, and address any problems found as a result of its analysis,” in violation of Section
73.2080(c)(3).
6.
This NAL is issued pursuant to Section 503(b)(1)(B) of the Communications Act of 1934,
as amended (the “Act”). 8 Under that provision, any person who is determined by the Commission to
have willfully or repeatedly failed to comply with any provision of the Act or any rule, regulation, or
order issued by the Commission shall be liable to the United States for a forfeiture penalty.9 Section
312(f)(1) of the Act defines willful as “the conscious and deliberate commission or omission of [any] act,
irrespective of any intent to violate” the law.10 The legislative history of Section 312(f)(1) of the Act
clarifies that this definition of willful applies to both Sections 312 and 503(b) of the Act,11 and the
Commission has so interpreted the term in the Section 503(b) context.12 Section 312(f)(2) of the Act
provides that “[t]he term ‘repeated,’ when used with reference to the commission or omission of any act,
means the commission or omission of such act more than once or, if such commission or omission is
continuous, for more than one day.”13
7.
The Commission’s Forfeiture Policy Statement and Section 1.80(b)(4) of the Rules do
not establish base forfeiture amounts for specific EEO rule violations, such as a failure to properly recruit
widely for vacancies or to self-assess EEO performance. Accordingly, we must look to pertinent
precedent involving similar violations to determine the appropriate proposed forfeiture amount here. In
determining the appropriate forfeiture amount, we may adjust the amount upward or downward by
considering the factors enumerated in Section 503(b)(2)(D) of the Act, including “the nature,
circumstances, extent and gravity of the violation, and, with respect to the violator, the degree of
culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.”14
8.
As discussed supra, the Licensee failed to properly recruit widely for five of its 14 full-
time vacancies because it relied solely on Internet web sites, word-of-mouth referrals, and vacancy
postings on the employee board to fill those vacancies, in violation of Section 73.2080(c)(1)(i), over a
two-year period. These failures over a two-year period reveal a continuing lack of self-assessment, in
violation of Section 73.2080(c)(3). Accordingly, based upon the facts before us, the factors noted above,
and pertinent precedent,15 we propose the following forfeiture amounts for the Licensee’s apparent willful
and repeated violations of these Rules: $6,000 for its violation of Section 73.2080(c)(1)(i) and $2,000 for
its violation of Section 73.2080(c)(3), for a total proposed forfeiture in the amount of $8,000. We will
also impose reporting conditions as set forth below, to ensure that the Licensee and any successor licensee
of any of the Stations maintains an adequate EEO program in compliance with the Rules. The reporting
conditions will apply to the above-captioned Stations, and to all other stations that are part of their
employment unit in the future, if any.


8 47 U.S.C. § 503(b)(1)(B). See also 47 C.F.R. § 1.80(a)(1).
9 Id.
10 47 U.S.C. § 312(f)(1).
11 See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).
12 See Southern California Broadcasting Co., Memorandum Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).
13 47 U.S.C. § 312(f)(2).
14 47 U.S.C. § 503(b)(2)(D); see also Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to
Incorporate the Forfeiture Guidelines
, Report and Order, 12 FCC Rcd 17087, 17100-01, ¶27; 17113-16 (1997)
(“Forfeiture Policy Statement”), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R. § 1.80(b)(4); 47 C.F.R. §
1.80(b)(4), note to paragraph (b)(4), Section II.
15 In Cox Radio, Inc., we proposed a $6,000 forfeiture for a licensee’s violation of Section 73.2080(c)(1)(i) and a
$2,000 forfeiture for the violation of Section 73.2080(c)(3). The licensee had failed to recruit widely for seven of its
25 full-time vacancies by relying on Internet web sites, referrals, internal postings, or walk-ins, and accordingly, also
failed to self-assess its EEO program.
3

Federal Communications Commission

DA 11-2094

9.
License Renewal Applications. In evaluating an application for license renewal, the
Commission’s decision is governed by Section 309(k) of the Act. That Section provides that if, upon
consideration of the application and pleadings, we find that: (1) the station has served the public interest,
convenience, and necessity; (2) there have been no serious violations of the Act or the Rules; and (3)
there have been no other violations which, taken together, constitute a pattern of abuse, we are to grant
the renewal application.16 If, however, the licensee fails to meet that standard, the Commission may deny
the application – after notice and opportunity for a hearing under Section 309(e) of the Act – or grant the
application “on terms and conditions that are appropriate, including a renewal for a term less than the
maximum otherwise permitted.”17
10.
We find that the Licensee’s violations of the Commission’s EEO rules discussed above
do not constitute “serious violations” of the Rules of such gravity that they warrant designation for
evidentiary hearing.18 We also find no evidence of violations that, when considered together, evidence a
pattern of abuse.19 Further, we find that the Licensee served the public interest, convenience, and
necessity with the Stations during their respective license terms. We will therefore grant, subject to the
below-stated conditions, the above-captioned license renewal applications for Stations WGH(AM),
WGH-FM, WVHT(FM) and WVSP-FM.20 The renewal application for Station WVBW(FM) remains
pending before the Commission due to other outstanding matters.

IV. ORDERING CLAUSES

11.
Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act
of 1934, as amended, and Sections 0.283 and 1.80 of the Commission’s Rules, that MHR License LLC is
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the amount of eight thousand
dollars ($8,000) for its apparent willful and repeated violation of Sections 73.2080(c)(1)(i) and
73.2080(c)(3) of the Commission’s Rules.
12.
IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission’s Rules, that,
within thirty (30) days of the release of this NAL, MHR License LLC, LLC SHALL PAY the full amount
of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
13.
Payment of the forfeiture must be made by check or similar instrument, payable to the


16 47 U.S.C. § 309(k)(1). The renewal standard was amended to read as described by Section 204(a) of the
Telecommunications Act of 1996, Pub. L. No. 104-104, 110 Stat. 56 (1996). See Implementation of Sections
204(a) and 204(c) of the Telecommunications Act of 1996 (Broadcast License Renewal Procedures)
, Order, 11 FCC
Rcd 6363 (1996).
17 47 U.S.C. §§ 309(k)(2), 309(k)(3).
18 See e.g., New Northwest Broadcasters LLC, Memorandum Opinion and Order and Notice of Apparent Liability,
21 FCC Rcd 10748, 10751 (2006) (forfeiture paid); Viper Communications, Memorandum Opinion and Order and
Notice of Apparent Liability
, 20 FCC Rcd 20254, 20257 (2005).
19 For example, we do not find here that the Licensee's operation of either of the Stations "was conducted in an
exceedingly careless, inept and negligent manner and that the licensee is either incapable of correcting or unwilling
to correct the operating deficiencies." See Heart of the Black Hills Stations, 32 FCC 2d 196, 198, ¶6 (1971). Nor do
we find on the record here that "the number, nature and extent" of the violations indicate that "the licensee cannot be
relied upon to operate [its stations] in the future in accordance with the requirements of its licenses and the
Commission's Rules." Heart of the Black Hills Stations, 32 FCC 2d at 200, ¶11. See also Center for Study and
Application of Black Economic Development
, 6 FCC Rcd 4622 (1991); Calvary Educational Broadcasting Network,
Inc
., 7 FCC Rcd 4037 (1992).
20 See 47 U.S.C. § 309(k).
4

Federal Communications Commission

DA 11-2094

order of the Federal Communications Commission. The payment must include the NAL/Account
Number and FRN Number referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
overnight mail may be sent to U.S. Bank – Government Lockbox #979088, SL-MO-C2-GL, 1005
Convention Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to ABA Number
021030004, receiving bank TREAS/NYC, and account number 27000001. For payment by credit card,
an FCC Form 159 (Remittance Advice) must be submitted. When completing the FCC Form 159, enter
the NAL/Account number in block number 23A (call sign/other ID), and enter the letters “FORF” in
block number 24A (payment type code). Requests for full payment under an installment plan should be
sent to: Chief Financial Officer – Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554. Please contact the Financial Operations Group Help Desk at 1-877-480-3201
or Email: ARINQUIRIES@fcc.gov with any questions regarding payment procedures.
14.
The response, if any, must be mailed to Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Washington D.C. 20554, ATTN: Lewis Pulley, Assistant Chief,
Policy Division, Media Bureau, and MUST INCLUDE the NAL/Acct. No. referenced above.
15.
The Commission will not consider reducing or canceling a forfeiture in response to a
claim of inability to pay unless the respondent submits: (1) federal tax returns for the most recent three-
year period; (2) financial statements prepared according to generally accepted accounting practices
(“GAAP”); or (3) some other reliable and objective documentation that accurately reflects the
respondent’s current financial status. Any claim of inability to pay must specifically identify the basis for
the claim by reference to the financial documentation submitted.
16.
IT IS FURTHER ORDERED that MHR License LLC and any successor licensee of any
or all of Stations WGH(AM), WGH-FM, WVBW(FM), WVHT(FM) and WVSP-FM, SHALL SUBMIT
to the Federal Communications Commission, Media Bureau, EEO Staff, an original and one copy of a
filing, sworn to by an officer of MHR License LLC, containing the following information on July 2, 2012;
July 1, 2013; and July 1, 2014, with respect to Stations WGH(AM), WGH-FM, WVBW(FM),
WVHT(FM), and WVSP-FM, and all other stations in their employment unit:
(a) the unit’s most recent EEO public file report;
(b) dated copies of all advertisements, bulletins, letters, faxes, e-mails, or other communications
announcing each full-time vacancy for the preceding reporting year;
(c) the recruitment source that referred the hiree for each full-time vacancy and the job title of
each full-time vacancy;
(d) the total number of interviewees for each full-time vacancy for the preceding reporting year
and the referral source for each interviewee; and
(e) the sources contacted by the Licensee for each of its full-time openings during the reporting
year.
17.
IT IS FURTHER ORDERED, pursuant to Section 309(k) of the Communications Act of
1934, as amended, that, subject to the above-stated conditions, the renewal applications for Stations
WGH(AM), WGH-FM, WVHT(FM), and WVSP-FM ARE GRANTED.
18.
IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of the
Commission’s Rules, MHR License LLC shall place a copy of this NAL in the public inspection files of
Stations WGH(AM), WGH-FM, WVBW(FM), WVHT(FM), and WVSP-FM.
5

Federal Communications Commission

DA 11-2094

19.
IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First Class and
Certified Mail, Return Receipt Requested, to MHR License LLC, 900 Laskin Road, Virginia Beach,
Virginia 23451, and to its attorney, Erwin Krasnow, Esq., 1000 Potomac Street, N.W., Fifth floor,
Washington, D.C. 20007-3501.

FEDERAL COMMUNICATIONS COMMISSION

William T. Lake, Chief
Media Bureau
6

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