**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | NAL/Acct. No. MB200741410239 |
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| **Liberman Television of Dallas  | ** | FRN: 0003748613              |
| License Corp**.                  |    |                              |
|                                  | *  | Facility I.D. No. 73701      |
| Licensee of Station KMPX(TV)     | *) |                              |
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| Decatur, Texas                   |    |                              |
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**NOTICE OF Apparent Liability for Forfeiture**

**Adopted: February 7, 2007 Released: February 9, 2007**

By the Chief, Media Bureau:

**I. INTRODUCTION**

1\. In this *Notice of Apparent Liability for Forfeiture ("NAL")* issued
pursuant to Section 503(b) of the Communications Act of 1934, as amended
(the "Act"), and Section 1.80 of the Commission's Rules (the
"Rules"),[^1] by the Chief, Media Bureau, pursuant to authority
delegated under Section 0.283 of the Rules,[^2] we find that Liberman
Television of Dallas License Corp. (the "Licensee"), licensee of Station
KMPX(TV), Decatur, Texas (the "Station"), apparently willfully and
repeatedly violated Sections 73.2080(c)(1), 73.2080(c)(1)(i),
73.2080(c)(1)(ii), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6),
73.2080(c)(6)(iv), and 73.3526(e)(7) of the Rules by failing to comply
with the Commission's Equal Employment Opportunity ("EEO") recruitment,
notification, self-assessment, record keeping, public file, data, and
information requirements.[^3] 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 twenty thousand
dollars (\$20,000). We also impose reporting conditions on the Licensee
and any successor licensee of the Station to prevent future violations
of these requirements.

**II. BACKGROUND**

2\. Section 73.2080(c)(1) of the Rules requires that a broadcast
licensee recruit for every full-time job vacancy in its employment unit
operation. In this regard, the Rules impose, *inter alia*, the following
respective obligations on such licensees:

-   Section 73.2080(c)(1)(i): 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;

-   Section 73.2080(c)(1)(ii): provide notification of each vacancy to
    any organization that distributes information about employment
    opportunities to job seekers upon request by such organization;

-   Section 73.2080(c)(3): 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 applicants, and address any
    problems found as a result of its analysis;

-   Section 73.2080(c)(5): retain records of its EEO efforts;

-   Sections 73.2080(c)(6) and 73.3526(e)(7): place its EEO public file
    report in the station's local public inspection file; and

-   Section 73.2080(c)(6)(iv): maintain interviewee data.

3\. *EEO Audit and Review.* The Bureau audited the Licensee for its
compliance at the Station with Section 73.2080 of the Rules[^4] and has
before it the Licensee's responses to the audit.[^5] The Bureau also has
before it the Licensee's license renewal application for the Station and
accompanying Broadcast EEO Program Report (Form 396).[^6] Our review
shows that, during the reporting periods at issue (January 21 through
March 31, 2004; April 1, 2004, through March 31, 2005; and April 1, 2005
through March 31, 2006), the Licensee failed to properly recruit for 30
of its 54 full-time vacancies because it relied solely on walk-ins to
fill 11 of those vacancies and on referrals from employees and other
individuals to fill 19 vacancies in violation of Section 73.2080(c)(1).
The Licensee also failed to recruit widely for six such vacancies
because it relied solely on an Internet web site (or that web site and
referrals) to fill those vacancies, in violation of Section
73.2080(c)(1)(i). This failure to recruit appropriately continued
through March 2006, the last month of the combined three reporting
periods, thus revealing a continuing lack of self-assessment, in
violation of Section 73.2080(c)(3).

4\. Moreover, the Bureau audit reveals that the Licensee did not retain
fully detailed documentation to support the data reported on its 2004
and 2005 EEO public file reports, as required by Section 73.2080(c)(5).
In addition, the Station's 2004 and 2005 EEO public file reports failed
to list the total number of interviewees for all Station full-time
vacancies and the number of interviewees referred by each of the
Station's recruitment sources, as required by Section 73.2080(c)(6)(iv).
This information is required to be placed in the public inspection file
of each station in the unit by Section 73.3526(e)(7). The Licensee also
failed, during the 2005 and 2006 reporting periods, to provide
notification of each full-time vacancy to three organizations that had
requested vacancy notification, as required by Section
73.2080(c)(1)(ii). One of these organizations was notified only once,
while the other two were notified for only one out of eight vacancies
during the 2005 reporting period and one out of 22 vacancies during the
2006 reporting period. Finally, the Licensee failed to place its EEO
public file report for the reporting period of April 1, 2004, through
March 31, 2005, in its public inspection file, as required by Sections
73.2080(c)(6) and 73.3526(e)(7).

**\
III. DISCUSSION**

5\. We conclude that the Licensee failed to recruit for every full-time
vacancy, as required by Section 73.2080(c)(1), instead relying solely on
walk-ins for 11 such vacancies. A "walk-in" may reflect the "source" of
an interviewee or hiree, but relying solely on walk-ins does not reflect
a recruitment effort.[^7] We further conclude that the Licensee failed
to recruit for 19 vacancies, instead relying solely on referrals from
employees or other individuals. Again, although such referrals may
reflect the source of an interviewee or hiree, relying only on a
licensee's own employees or its own private contacts does not constitute
recruitment as contemplated under the Commission's rules, which require
public outreach.[^8] We also find that the Licensee failed to recruit
widely for every full-time vacancy, as required by Section
73.2080(c)(1)(i), instead relying solely on either one Internet web site
or that web site and referrals as recruitment sources for six full-time
vacancies. The Commission has established that, although we do not
require a specific number of recruitment sources, if a source or sources
cannot reasonably be expected, collectively, to reach the entire
community, the licensee may be found in noncompliance with the
Commission's EEO Rule, as here.[^9] The Commission's policy allows
recruitment from as few as one source, but the effort must be
sufficiently broad.[^10] Further, the Commission's EEO policy requires a
licensee to recruit from non-Internet sources, in addition to any
sources from the Internet, in order for its recruitment to sufficiently
widely disseminate information concerning the vacancy.[^11] We also find
that the Licensee failed to maintain adequate recruitment documentation
records for all of its vacancies for its 2004 and 2005 reporting
periods, as required by Section 73.2080(c)(5). In addition, the unit's
2004 and 2005 EEO public file reports failed to list the total number of
interviewees for full-time vacancies and the number of interviewees
referred by each recruitment source, in violation of Sections
73.2080(c)(6)(iv) and 73.3526(e)(7). Because of the Licensee's lack of
records of interviewees and referrals, we find that it was not possible
for it to have adequately analyzed its recruitment program to ensure
that it was effective in achieving broad outreach, in violation of
Section 73.2080(c)(3). We also find that the Licensee failed to provide
notification of each full-time vacancy to organizations that requested
vacancy notification, as required by Section 73.2080(c)(1)(ii). Finally,
we find that it failed to place its EEO public file report in its public
inspection file, as required by Sections 73.2080(c)(6) and
73.3526(e)(7).

6\. This *NAL* is issued pursuant to Section 503(b)(1)(B) of the Act.
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.[^12] 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.[^13] 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,[^14] and the Commission has so
interpreted the term in the Section 503(b) context.[^15] 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."[^16]

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 recruit for
vacancies, provide vacancy notifications, or to self-assess EEO
performance. However, they do establish a base forfeiture amount of
\$10,000 for violation of the Commission´s public file rules, of \$3,000
for failure to file required information, and of \$1,000 for failure to
maintain required records.[^17] In determining the appropriate
forfeiture amount, we may adjust the base 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."[^18]

8\. As discussed *supra*, the Licensee failed to recruit or recruit
widely for 36 (67%) of its 54 vacancies, maintain adequate records for
all of its vacancies for the 2004 and 2005 reporting periods, list
interviewee data on its EEO public file report, retain fully detailed
documentation to support the data reported on its EEO public file
reports, place its EEO public file report in its public inspection file,
provide notification of each full-time vacancy to organizations
requesting vacancy notification, and self-assess its EEO program.
Accordingly, based upon the facts before us, and the factors noted
above, and pertinent precedent,[^19] we find that the Licensee is
apparently liable for the following respective forfeiture amounts for
its willful and repeated violations of the Rules: \$10,000 for its
violation of Section 73.2080(c)(1); \$4,000 for its violation of Section
73.2080(c)(1)(i); \$1,000 for its violation of Section
73.2080(c)(1)(ii); \$1,000 for its violation of Section 73.2080(c)(3);
\$1,000 for its violation of Section 73.2080(c)(5); \$1,000 for its
violation of Section 73.2080(c)(6); \$1,000 for its violation of Section
73.2080(c)(6)(iv), and \$1,000 for its violation of Section
73.3526(e)(7), for a total proposed forfeiture in the amount of
\$20,000. We will also impose reporting conditions as set forth below,
to ensure that the Licensee and any successor licensee of the Station
maintains an adequate EEO program in compliance with the Rules.

**IV. ORDERING CLAUSES**

9\. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Section 1.80 of the
Commission's Rules, that Liberman Television of Dallas License
Corporation is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE
in the amount of twenty thousand dollars (\$20,000) for its apparent
willful and repeated violation of Sections 73.2080(c)(1),
73.2080(c)(1)(i), 73.2080(c)(1)(ii), 73.2080(c)(3), 73.2080(c)(5),
73.2080(c)(6), 73.2080(c)(6)(iv), and 73.3526(e)(7) of the Commission's
Rules.

10\. 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*,
Liberman Television of Dallas License Corporation SHALL PAY the full
amount of the proposed forfeiture or SHALL FILE a written statement
seeking reduction or cancellation of the proposed forfeiture.

11\. Payment of the proposed forfeiture must be made by check or similar
instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Acct. No. and FRN No.
referenced above. Payment by check or money order may be mailed to
Federal Communications Commission, at P.O. Box 358340, Pittsburgh,
Pennsylvania 15251-8340. Payment by overnight mail may be sent to Mellon
Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, Pennsylvania
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.

12\. The response, if any, must be mailed to Office of the Secretary,
Federal Communications Commission, 445 12^th^ 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.

13\. 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.

14\. Requests for full payment of the forfeiture proposed in this *NAL*
under the installment plan should be sent to: Associate Managing
Director- Financial Operations, 445 12th Street, S.W., Room 1-A625,
Washington, D.C. 20554.[^20]

15\. IT IS FURTHER ORDERED that Liberman Television of Dallas License
Corporation and any successor licensee submit to the Federal
Communications Commission, Media Bureau, EEO Staff, an original and one
copy of the following information on May 1, 2008; May 1, 2009; and May
1, 2010:

\(a\) the Station'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; and

\(c\) the total number of interviewees for each full-time vacancy for
the preceding reporting year and the referral source for each
interviewee.

16\. IT IS FURTHER ORDERED that, pursuant to Section 73.3526(e)(10) of
the Commission's Rules, Liberman Television of Dallas License
Corporation place a copy of this *NAL* in the KMPX(TV) public inspection
file.

17\. IT IS FURTHER ORDERED that copies of this *NAL* shall be sent, by
First Class and Certified Mail, Return Receipt Requested, to Liberman
Television of Dallas License Corporation, 1845 Empire Avenue, Burbank,
California 91504, and to its counsel, Kathleen Kirby, Esquire, Wiley
Rein & Fielding, 1776 K Street, NW, Washington DC 20006.

**FEDERAL COMMUNICATIONS COMMISSION**

Monica Shah Desai, Chief

Media Bureau

[^1]: 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.

[^2]: *See* 47 C.F.R. § 0.283.

[^3]: *See* 47 C.F.R. §§ 73.2080(c)(1), 73.2080(c)(1)(i),
    73.2080(c)(1)(ii), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6),
    73.2080(c)(6)(iv), and 73.3526(e)(7).

[^4]: Letter from Lewis Pulley, Assistant Chief, Policy Division, Media
    Bureau, to Liberman Television of Dallas License Corporation (June
    10, 2005).

[^5]: Letters from Liberman Television of Dallas License Corporation to
    Lewis Pulley, Assistant Chief, Policy Division, Media Bureau (Aug.
    10, 2005 and Oct. 19, 2005).

[^6]: *See* FCC File Nos. BRCT-20060403BKA and B396-20060403BEZ,
    respectively. The renewal applications remain pending before the
    Bureau.

[^7]: *New Northwest Broadcasters LLC*, Memorandum Opinion and Order and
    Notice of Apparent Liability, 21 FCC Rcd 10748, 10749 (2006)
    (forfeiture paid).

[^8]: *Id.*

[^9]: *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*.

[^10]: *Id.*

[^11]: *See* 17 FCC Rcd at 24051, ¶99, wherein the Commission said,
    "...we are unable to conclude that Internet usage has become
    sufficiently widespread to justify allowing it to be used as the
    sole recruitment source."

[^12]: 47 U.S.C. § 503(b)(1)(B). *See also* 47 C.F.R. § 1.80(a)(1).

[^13]: 47 U.S.C. § 312(f)(1).

[^14]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^15]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^16]: 47 U.S.C. § 312(f)(2).

[^17]: *See Forfeiture Policy Statement and Amendment of Section 1.80(b)
    of the Rules to Incorporate the Forfeiture Guidelines*, Report and
    Order, 12 FCC Rcd 17087, 17113-15 (1997) *("Forfeiture Policy
    Statement"),* *recon. denied*, 15 FCC Rcd 303 (1999); 47 C.F.R. §
    1.80(b)(4), note to paragraph (b)(4), Section I.

[^18]: 47 U.S.C. § 503(b)(2)(D); *see also Forfeiture Policy Statement,*
    12 FCC Rcd at 17100-01, ¶27; 47 C.F.R. § 1.80(b)(4); 47 C.F.R. §
    1.80(b)(4), note to paragraph (b)(4), Section II.

[^19]: In *Emmis Television Licensee, LLC*, as the result of an EEO
    audit, we proposed an \$18,000 forfeiture for a licensee's
    violations of various EEO rules, specifically Sections
    73.2080(c)(1), 73.2080(c)(3), 73.2080(c)(5), 73.2080(c)(6)(iv), and
    73.3526(e)(7). The licensee had failed to recruit for 11 (22%) of 51
    openings, failed to retain or report any data on interviewees or
    referrals, and failed to self-assess adequately. *Emmis Television
    Licensee, LLC*, Notice of Apparent Liability for Forfeiture, 20 FCC
    Rcd 13860 (2005) (forfeiture paid).

[^20]: *See* 47 C.F.R. § 1.1914.