FCC 94-104
                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In re Applications of                   )                      
                                        )                         
                                        )
Midland Broadcasters, Inc.              )    File Nos. BR-900131UV
                                        )              BRH-900131UT
                                        )
For Renewal of Licenses of              )
Stations KMAJ(AM)/KMAJ-FM               )
Topeka, Kansas                          )
                                        )
                                        )
Omaha Great Empire Broadcasting, Inc.   )    File Nos. BR-900125UV
                                        )             BRH-900125UW
                                        )
For Renewal of Licenses of              )
Stations WOW(AM)/WOW-FM                 )
Omaha, Nebraska                         )
                                        )
                                        )
Stauffer Communications, Inc.           )    File Nos. BR-900201F6
                                        )             BRH-900201UG
                                        )
For Renewal of Licenses of              )
Stations WIBW(AM)/WIBW-FM               )
Topeka, Kansas                          )
                                        )
                                        ) 
 
                       MEMORANDUM OPINION AND ORDER
                     AND NOTICE OF APPARENT LIABILITY

     Adopted:  April 20, 1994   ;  Released:  April 28, 1994

By the Commission:  Commissioner Quello concurring and issuing a
statement.

                             I.  INTRODUCTION

1.  The Commission has before it for consideration: (i) license
renewal applications for the six captioned radio stations in
Kansas and Nebraska; (ii) a Petition to Deny timely filed on May
1, 1990, by State Conferences of Branches of the National
Association for the Advancement of Colored People (NAACP) in
Kansas and Nebraska and various local NAACP branches against the
above renewal applications; (iii) oppositions from the licensees;
and (iv) the licensees' responses to staff letters of inquiry. 
The NAACP alleges that the above stations violated the
Commission's equal employment opportunity (EEO) Rule and
policies.  The NAACP requests that the Commission designate the
licensees' renewal applications for hearing and deny the
applications.  

                              II.  BACKGROUND

2.  In challenging an application pursuant to Section 309(d) 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. Section 309(d)(1); Astroline Com. Co.
Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988)
(Astroline); Application of Dubuque T.V. Limited Partnership and
Sage Broadcasting Corporation of Dubuque, Iowa for Assignment of
Television License for KDUB-TV, Dubuque, Iowa, 4 FCC Rcd 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.
Section 309(d)(1).  

3.  The licensee of WOW(AM)/WOW-FM, Omaha, Nebraska argues that
the NAACP should be classified as an informal objector instead of
as a petitioner because no one claiming residence in its service
area filed an affidavit in support of the petition to deny. 
However, a declaration under penalty of perjury from the
president of the Omaha, Nebraska branch of the NAACP, who claims
to be a listener of WOW(AM)/WOW-FM, was filed on the same day as
the petition to deny.  We find that the declaration meets the
requirements for establishing standing for the NAACP for the
Omaha stations.  See American Legal Foundation v. FCC, 808 F.2d
84 (D.C. Cir. 1987).  Therefore, the challenge filed by the NAACP
constitutes a valid petition to deny against the two listed
stations in Omaha. 

4.  The licensee of KMAJ(AM)/KMAJ-FM, Topeka, Kansas, argues that
the petition against it should be dismissed because the
declaration under penalty of perjury filed in support of the
petition against KMAJ(AM)/KMAJ-FM was filed late and failed to
allege personal knowledge of its case.  The licensee of
WIBW(AM)/WIBW-FM, Topeka, Kansas, argues that the NAACP cannot be
classified as a petitioner, but can be considered an informal
objector because the petition failed to include a supporting
affidavit from someone claiming residence in its service area. 
We note that, while the petition was timely filed on May 1, 1991,
the declaration under penalty of perjury submitted by the NAACP
in support of its challenges against the Topeka stations was
filed in a supplement on May 23, 1991 -- three weeks after the
deadline.  The NAACP states that the declaration, which was from
the Topeka NAACP branch president, was filed late because the
Topeka branch of the NAACP needed time to review its files and
consider the EEO performance of the Topeka stations.  It argues
that the Commission should consider the declaration since it was
filed prior to the deadline for oppositions to the petition and
no party would be harmed.  In addition, the president of the
Topeka branch did not claim to live in the service areas of any
of the four stations petitioned in Topeka or to listen to any of
the Topeka stations.  

5.  The Commission has previously ruled that these same arguments
in support of untimely filings did not constitute good cause for
the untimeliness.  See Applications of Certain Broadcast Stations
Serving Communities in the States of Michigan and Ohio, 3 FCC Rcd
6944, 6944 (1988) (citing Florida Broadcast Renewals, 3 FCC Rcd
1923 (1988)).  Accordingly, we will treat the NAACP as an
informal objector against the four Topeka stations because the
declaration was untimely filed without justifiable cause and
fails to show that the challenger is a listener or resident
within the station's service area.  47 C.F.R. Section 73.3584(b);
see also Application of KDEN Broadcasting Co. for Renewal of
License of Station KDEN, Denver, Colorado, 55 Rad.Reg. 2d (P&F)
1311, 1311-1312 (1984).  

                              III.  PLEADINGS

6.  The NAACP derived its factual allegations from the licensees'
EEO programs and annual employment reports.  Review of their
allegations led us to conclude that the NAACP presented a prima
facie case demonstrating that, as to all six stations,
unconditional grant of the renewal applications would have been
inconsistent with the public interest.  Section 309(d)(1) of the
Communications Act, 47 U.S.C. Section 309(d)(1).  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
Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621
(D.C. Cir. 1978) (Bilingual).

7.  Review of the NAACP's allegations and supporting
documentation as well as each licensee's renewal applications,
oppositions 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 that
any licensee engaged in discrimination.  Thus, grant of each
application will serve the public interest.  47 U.S.C. Section
309(d)(2).  Astroline, supra.  Accordingly, we will grant renewal
but with remedies and sanctions as noted, infra.

                              IV.  DISCUSSION

8.  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) and
(c).

9.  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 sanctions or remedies, 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
Rcd 3967 (1987) (hereinafter Broadcast EEO), petition for
reconsideration pending; see also 4 FCC Rcd 1715 (1989) (request
for clarification by National Association of Broadcasters)
(hereinafter Clarification of Broadcast EEO).  See e.g.,
Beaumont, supra; Bilingual, supra.  

KMAJ(AM)/KMAJ-FM, Topeka, Kansas 

10.  A review of the licensee's 1990 EEO Program Report, response
to the petition to deny and response to our letter of inquiry
reveals that KMAJ(AM)/KMAJ-FM had 11 overall (9 upper-level)
full-time hiring opportunities from July 28, 1987, through June
1, 1990.  The licensee used the following general recruitment
sources for all 11 openings and reported minority referrals as
follows:  Topeka Capital-Journal (3), Topeka Job Service Council
(1), Washburn University (0), Everywoman's Resource Center (0)
and employee referrals (2).  It did not report minority referrals
from any other sources.  However, it contacted the Topeka Job
Security Center for 11 openings and, starting near the end of the
term in May 1990, used the following general sources:  American
Career College Placement Service, Kansas University, Kansas State
University, various employment agencies and Topeka Technical
College.  It used the Coordinating Committee of Black Community,
a minority source, for all openings, and used El Centro Servicios
Para Hispanics, The League of United Latin American Citizens and
the NAACP, all additional minority sources, for recruitment
starting in May 1990.    

11.  The licensee reported complete applicant flow data for only
one of the 11 positions filled.  It received 36 applications and
interviewed 22 applicants (no minorities) for that position.  Of
the 11 hires, none were minorities.  All hires resulted from
referrals from the Topeka Capital-Journal.  The licensee
explained that its recruitment records are incomplete because the
employee responsible for maintaining the records destroyed them
as part of an apparent plan to destroy evidence of his activities
at the stations.  The employee was terminated on March 6, 1990,
immediately after admitting that he embezzled station funds, a
crime for which he was later convicted. 

12.  The NAACP asserts that the licensee's recruitment sources
include only one minority organization and that all sources
combined produced few minority referrals.  It criticizes the
licensee for employing what it terms as a "token" number of
minorities during the license term and asserts that the licensee
has no plans to implement a meaningful EEO program. 

13.  The licensee asserts that it has recruited minorities
through a variety of sources, including minority sources, for
every opening during the license term.  Although the licensee has
not employed any Black employees full-time since 1986, it states
that it employed a Black part-time announcer from November 30,
1989, to June 7, 1990, and offered to change her position to
full-time.  She declined the offer because of her other job,
which later transferred her to another state.  The licensee
acknowledged that it has had difficulty attracting Black
applicants but denies the NAACP's assertion that it does not
intend to implement a meaningful EEO program.  In October 1989,
the licensee joined with other Topeka stations to sponsor a
broadcast seminar for minorities and females held at Washburn
University which attracted 17 people, including eight minorities,
to consider broadcasting careers.  The licensee plans to make
this an annual event.  In addition, in May 1990, the licensee
added three minority and four general sources as well as several
employment agencies to its list of sources to contact for
openings.  

14.  After reviewing the record, we find no substantial and
material question of fact sufficient to warrant a hearing.  See
Astroline, supra.  In addition, we find no evidence indicating
that the licensee engaged in discrimination.  

15.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (seven) of
its 11 full-time positions.  Although applicant/interview pool
data were missing, the licensee admitted that it received few
minority referrals or applicants.  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 this regard, the licensee
used one minority source for all vacancies and it was
unproductive.  Also, it obtained only six minority referrals and
failed to modify its program until one month before the license
term expired.  Accordingly, a base forfeiture of $12,500 and
reporting conditions are warranted.  See Policy Statement, FCC#
94-27 (Released February 1, 1994).

16.  Furthermore, 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.  See Policy Statement, supra.  In light of
the above, we will issue a Notice of Apparent Liability for
$18,750 and renew the licenses subject to reporting conditions.

WOW(AM)/WOW-FM, Omaha, Nebraska

17.  A review of the licensee's 1990 EEO Program Report,
opposition and responses to our letters of inquiry reveals that
the licensee had 53 overall and 41 upper-level full-time hiring
opportunities from March 31, 1986, through May 31, 1990.  The
licensee was able to provide recruitment data for only 25 of its
53 full-time hires.  The data reveal that it recruited from
multiple sources for 23 openings and that it received minority
referrals from general sources as follows:  Omaha World Herald
(3), Nebraska Job Service (3), and employee referrals (1).  It
also contacted 14 general and female-specific sources for 10 or
more openings and five general sources for six or fewer openings,
but received no minority referrals.  The licensee contacted the
Omaha World Herald for 20 openings, the Nebraska Job Service for
23 openings, and the Iowa Job Service for 19 openings.  The Urban
League, the only minority source to produce referrals, was
contacted for 21 openings and made three minority referrals.  The
licensee also contacted the Omaha Star, a Black newspaper, for 18
openings and seven minority sources for 10 openings.  The
interview records that the licensee did maintain reveal that it
interviewed at least 117 applicants, at least 12 of whom (10.3%)
were minorities (eight Blacks, three American Indians and one
Hispanic).  The available information on applicant/ interview
pools reveal that minorities were present in nine pools (two
upper-level).  The referral source of one Black interviewee is
unknown by the licensee.  Two of its 53 hires were minorities --
a Black clerical employee and an Hispanic sales worker.  The
Hispanic hired was a former employee of the station.  In
addition, the licensee offered full-time jobs in its traffic
department to two Black applicants who declined the offers.  

18.  The NAACP asserts that the licensee hired so few minorities
from its minority referrals that it discriminated against
minorities.  It notes that the licensee reported receiving 10
minority referrals in the renewal year for full- and part-time
openings and only hired one minority for a full-time position. 
In addition, the NAACP asserts that the EEO record of the
stations became "abysmal" as soon as the licensee took control of
the stations after the 1983 reporting year.  Finally, the NAACP
criticized the licensee for employing no minorities on a part-
time basis.

19.  In defense of its record, the licensee denies that it has
discriminated, noting that it has recruited from a number of
general and minority sources for most openings as well as self-
assessed its EEO program.  The licensee states that its self-
assessment has included meetings in June 1987 with a top official
of the state EEO Commission, and with the head of the Omaha Urban
League in July 1989 as well as a subsequent meeting with an Urban
League recruiter to encourage more referrals.  Furthermore,
following self-assessment in September 1989, the licensee states
that it created the position of EEO Compliance Officer and added
16 new general and seven new minority sources to its contact list
used for most openings.  The licensee states that it has engaged
in self-assessment and taken steps to improve its EEO efforts
because it is aware that it has not received large numbers of
minority referrals.  It notes, however, that it has had minority
referrals, applicants, interviewees and hires.  As to the NAACP's
argument that the station's EEO performance suffered after the
licensee assumed control, the licensee asserts that the
allegation is without merit because it is based solely on the
loss of one minority employee after 1983.  Finally, as to the
NAACP's charge of not employing Black part-time employees, the
licensee notes that it employed three Blacks in part-time jobs
during the term, including one Black announcer starting in 1986.  

20.  In view of the foregoing, we find no substantial and
material question of fact warranting a hearing.  See Astroline,
supra.  We find no evidence indicating that the licensee engaged
in discrimination.  In this regard, we note that the licensee
received some minority referrals and applicants, and interviewed
and hired minorities during the license term.  

21.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (35) of its
53 full-time positions.  Only 17% (nine) of the 53 overall
applicant/interview pools and 5% (two) of the 41 upper-level
applicant/interview pools contained minorities.  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 this regard, the
licensee failed to use minority sources for 32 vacancies. 
Accordingly, a base forfeiture of $12,500 and reporting
conditions are warranted.  See Policy Statement, supra.

22.  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.  Similarly, the combination of the above
and and its large number of hiring opportunities (53) 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.  In light of the above, we will issue a Notice of Apparent
Liability for $25,000, renew the licenses for a short term, and
impose reporting conditions.

WIBW(AM)/WIBW-FM, Topeka, Kansas 

23.  A review of the licensee's 1990 EEO Program Report,
opposition and responses to our letters of inquiry reveals that
the licensee had 22 overall full-time hiring opportunities, 21
for upper-level positions, from February 1, 1986, through May 31,
1990.  The licensee reported that it used general recruitment
sources from which it received minority referrals as follows: 
Topeka Capital-Journal (4), Radio and Television News Directors
Association Newsletter (2), referrals from community members (2)
and Radio & Records (1).  The licensee reported using the
following general sources, for seven to 12 openings, from which
it received no minority referrals:  Voluntary Action Center,
Kansas Association of Broadcasters, Everywoman's Resource Center,
three job services, Kansas University and employee referrals.  It
used the Topeka Capital-Journal for eight openings.  It used the
following sources for one to six openings, from which it received
no minority referrals:  Nine universities and colleges, Topeka
Department of Parks and Recreation and the National Association
of Farm Broadcasters. 

24.  The licensee contacted the following minority sources for 12
openings:  Shawnee County Indian Center, Coordinating Committee
for the Black Community, NAACP and El Centrol De Servicios.  None
of the minority sources produced minority referrals.  Minorities
were present in applicant pools for five of the 22 openings (four
upper-level).  Also, minorities were present in four interview
pools (three upper-level).  The licensee recruited for 13 of its
22 full-time openings.  One of the positions not publicly
recruited for was filled by a Black applicant who was personally
recruited for that job.  It interviewed 76 applicants, of whom at
least four (5.3%) were minorities:  three were Black, but the
race of the fourth minority interviewee is unknown.  The
licensee's only minority hire was the Black applicant personally
recruited for an upper-level position (4.8%). 

25.  The Everywoman's Resource Center was the only female-
specific source used by the licensee, and this source produced no
female referrals or applicants.  However, the licensee received
31 female referrals from the Topeka Capital-Journal and seven
from five other general sources.  The records indicate that,
although the licensee had 22 hiring opportunities, the 38 female
applicants were considered in only eight (36%) of the
applicant/interview pools for overall full-time positions, and
only seven (33%) of the applicant/interview pools for upper-four
full-time positions.  Moreover, while the licensee interviewed 34
female applicants for these eight vacancies, 24 of these female
applicants (71%) were interviewed for only two of the eight
positions.  In particular, the licensee interviewed 17 women for
one secretarial vacancy, and seven women for one sales worker
vacancy.  The remaining 10 female applicants were interviewed for
only six additional jobs.  We note further that, for five of the
seven license term years, women were employed below 50% of parity
at various levels in the station's upper-level staff.  The
licensee hired six women overall, five for upper-level positions. 

26.  The NAACP asserts that the licensee's minority recruitment
efforts produced few referrals and that the licensee failed to
recruit for some openings.  It also asserts that the licensee
appears to have contacted Black organizations only toward the end
of the license term.  It criticizes the licensee for failing to
hire any minorities for upper-level jobs in the renewal year and
for only employing a "token" number of minority employees during
the term.

27.  The licensee concedes that it did not recruit for every
opening but notes that three openings for which no recruitment
took place were filled by interns hired full-time after
graduation.  Next, the licensee states that the NAACP
incorrectly concludes that it only contacted minority sources at
the end of the term.  The licensee states that it contacted
minority sources during the entire period under review and
expected them to be productive because of success with referrals
for its television station in the same market, WIBW-TV.  It
notes, however, that the minority sources were not productive for
the radio stations during their license terms.  Moreover, it
states that it had difficulty contacting the local NAACP office
at the end of the term.  As part of the self-assessment of its
referral record, the licensee states that it sought minority and
female applicants through a broadcast seminar for females and
minorities held at Washburn University in October 1989 as well as
through recruitment for specific jobs.  Acknowledging that it
hired only one minority full-time, the licensee hired four Blacks
for part-time positions.  Although the licensee was not
challenged regarding its recruitment of women, it states that its
EEO program has been "highly effective" in the hiring of women.

28.  On the basis of the record before us, we find no substantial
and material question of fact warranting a hearing.  See
Astroline, supra.  We find no evidence indicating that the
licensee engaged in discrimination and note that the licensee did
interview and hire minorities and women during the license term.

29.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (15 jobs)
of its 22 full-time positions.  Only 23% (five) of the 22 overall
applicant pools and 19% (four) of the 21 upper-level applicant
pools contained minorities.  Only 18% (four) of the 22 overall
interview pools and 14% (three) of the 21 upper-level interview
pools contained minorities.  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 this regard, the licensee
failed to recruit for nine of 22 vacancies.  In addition, it
failed to use minority sources for 10 vacancies.  Accordingly, a
base forfeiture of $12,500 and reporting conditions are
warranted.  See Policy Statement, supra.  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.  

30.  Moreover, the licensee's efforts to recruit women were
deficient because it failed to recruit so as to attract an
adequate pool of female applicants for at least 66% (15 jobs) of
its 22 full-time positions.  Women were in only 36% (eight) of
the 22 overall applicant and interview pools and 33% (seven) of
the 21 upper-level applicant and interview pools. 
Notwithstanding the absence of women from the applicant and
interview pools as noted above, it does not appear that the
licensee consistently engaged in efforts to attract women or
otherwise conducted meaningful self-assessment of its program. 
Again, as noted above, the licensee failed to recruit for nine of
22 vacancies, attracted 71% of its female interviewees to only
two positions (half [17] to a secretarial vacancy and seven
others to a sales worker vacancy).  Despite the absence of women
from most of its interview pools, it used only one (unproductive)
female-specific recruitment source.  The combination of the
licensee's failure to engage in adequate recruitment efforts for
minorities and women warrants a further $11,250 upward
adjustment, for a total forfeiture of $30,000.  Given the number
and types of deficiencies noted, a short term renewal is also
warranted.  See Policy Statement, supra.  In light of the above,
we will issue a Notice of Apparent Liability for $30,000, renew
the licenses for a short term, and impose reporting conditions.

                              V.  CONCLUSION

31.  After considering the evidence and arguments submitted by
the NAACP and all licensees in the instant case, we find that
hearings are not warranted and the records of the licensees
support the granting of their renewal applications.  Because of
concerns about future affirmative action efforts, we will impose
reporting conditions on each of the stations.  In addition, for
violations of the Commission's EEO Rule, we will issue a Notice
of Apparent Liability for $18,750 to the licensee of
KMAJ(AM)/KMAJ-FM.  We will also issue Notices of Apparent
Liability for $25,000 to the licensee of WOW(AM)/WOW-FM and
$30,000 to the licensee of WIBW(AM)/WIBW-FM for violations of the
EEO Rule and renew their licenses for a short term.  

                           VI.  ORDERING CLAUSES

32.  Accordingly, IT IS ORDERED that the Petition to Deny filed
by the NAACP against the licensee of WOW(AM)/WOW-FM IS DENIED.

33.  IT IS FURTHER ORDERED that the informal objection filed by
the NAACP against the licensees of KMAJ(AM)/KMAJ-FM and WIBW(AM)/
WIBW-FM IS DENIED.

34.  IT IS FURTHER ORDERED that, the license renewal applications
filed by Midland Broadcasters, Inc. for Stations KMAJ(AM)/KMAJ-FM
ARE GRANTED subject to the EEO reporting conditions specified
herein.

35.  IT IS FURTHER ORDERED that the license renewal applications
filed by Omaha Great Empire Broadcasting, Inc. for Stations
WOW(AM)/WOW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995,
subject to reporting conditions as described herein and, pursuant
to Section 503 of the Communications Act of 1934, as amended, 47
U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE
in the amount of $25,000. 

36.  IT IS FURTHER ORDERED that the license renewal applications
filed by Stauffer Communications, Inc. for Stations
WIBW(AM)/WIBW-FM ARE GRANTED FOR A SHORT TERM ending June 1,
1995, subject to reporting conditions as described herein and,
pursuant to Section 503 of the Communications Act of 1934, as
amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY
FOR FORFEITURE in the amount of $30,000. 

37.  IT IS FURTHER ORDERED that, pursuant to Section 503 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 503,
this document constitutes a NOTICE OF APPARENT LIABILITY FOR
FORFEITURE in the amount of $18,750 for the licensee of
KMAJ(AM)/KMAJ-FM. 

38.  IT IS FURTHER ORDERED that the licensees of Stations
WOW(AM)/WOW-FM and WIBW(AM)/WIBW-FM file an original and one copy
of the following information on February 1, 1995, and the
licensee of Stations KMAJ(AM)/KMAJ-FM file an original and one
copy of the following information on February 1, 1995, February
1, 1996, and February 1, 1997:

        (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, 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 were      
        contacted;

        (b) a list of employees as of the January 1, 1995,        
        payroll period for the first report and as of the       
        January 1, 1996, and the January 1, 1997, payroll         
        periods for the second and third reports, by job          
        title, indicating part-time or full-time status           
        (ranked from the highest paid classification), date       
        of hire, sex and race or national origin;

        (c) details concerning the station's efforts to recruit
        minorities for each position filled during the period
        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 relevant information with         
        regard to the station's EEO performance and efforts       
        thereunder.

39.  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 Notice of Apparent Liability to
all parties.

40.  The reports are to be filed with the Secretary of the
Commission for the attention of the Mass Media Bureau's EEO
Branch.  Should the parties have any questions regarding this
action, they may telephone the Mass Media Bureau's EEO Branch at
202-632-7069.  Regarding the forfeiture proceedings, 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 Memorandum Opinion and Order and Notice of Apparent
Liability.  Any comments relating to their ability to pay should
include those financial letters set forth in the noted
attachment.

                              FEDERAL COMMUNICATIONS COMMISSION

                              William F. Caton 
                              Acting Secretary     

$// MO&O, KMAJ(A/F), KS/NE, Rep cond, Sh tm, NAL, FCC 94-104 //$

$/  300.309 Action Upon Applications /$
$/  300.503 Forfeitures In Cases of Rebates and Offsets /$
$/  1.80 Forfeiture Provisions /$
$/  73.2080 Equal Employment Opportunity /$
$/  73.3584 Procedures For Filing Petitions to Deny /$  
$/  FOR FCC RECORD ONLY /$

                                                     FCC 94-104
                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

In re Applications of                   )                      
                                        )                         
                                        )
Midland Broadcasters, Inc.              )    File Nos. BR-
900131UV
                                        )              BRH-
900131UT
                                        )
For Renewal of Licenses of              )
Stations KMAJ(AM)/KMAJ-FM               )
Topeka, Kansas                          )
                                        )
                                        )
Omaha Great Empire Broadcasting, Inc.   )    File Nos. BR-
900125UV
                                        )             BRH-
900125UW
                                        )
For Renewal of Licenses of              )
Stations WOW(AM)/WOW-FM                 )
Omaha, Nebraska                         )
                                        )
                                        )
Stauffer Communications, Inc.           )    File Nos. BR-
900201F6
                                        )             BRH-
900201UG
                                        )
For Renewal of Licenses of              )
Stations WIBW(AM)/WIBW-FM               )
Topeka, Kansas                          )
                                        )
                                        ) 
 
                       MEMORANDUM OPINION AND ORDER
                     AND NOTICE OF APPARENT LIABILITY

     Adopted:  April 20, 1994   ;  Released:  April 28, 1994

By the Commission:  Commissioner Quello concurring and issuing a
statement.

                             I.  INTRODUCTION

1.  The Commission has before it for consideration: (i)
licenserenewal applications for the six captioned radio stations
in Kansas and Nebraska; (ii) a Petition to Deny timely filed on
May 1, 1990, by State Conferences of Branches of the National
Association for the Advancement of Colored People (NAACP) in
Kansas and Nebraska and various local NAACP branches against
the above renewal applications; (iii) oppositions from the
licensees; and (iv) the licensees' responses to staff letters of
inquiry.  The NAACP alleges that the above stations violated the
Commission's equal employment opportunity (EEO) Rule and
policies.  The NAACP requests that the Commission designate the
licensees' renewal applications for hearing and deny the
applications.  

                              II.  BACKGROUND

2.  In challenging an application pursuant to Section 309(d) 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. Section 309(d)(1); Astroline Com. Co.
Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988)
(Astroline); Application of Dubuque T.V. Limited Partnership and
Sage Broadcasting Corporation of Dubuque, Iowa for Assignment of
Television License for KDUB-TV, Dubuque, Iowa, 4 FCC Rcd 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.
Section 309(d)(1).  

3.  The licensee of WOW(AM)/WOW-FM, Omaha, Nebraska argues that
the NAACP should be classified as an informal objector instead of
as a petitioner because no one claiming residence in its service
area filed an affidavit in support of the petition to deny. 
However, a declaration under penalty of perjury from the
president of the Omaha, Nebraska branch of the NAACP, who claims
to be a listener of WOW(AM)/WOW-FM, was filed on the same day as
the petition to deny.  We find that the declaration meets the
requirements for establishing standing for the NAACP for the
Omaha stations.  See American Legal Foundation v. FCC, 808 F.2d
84 (D.C. Cir. 1987).  Therefore, the challenge filed by the NAACP
constitutes a valid petition to deny against the two listed
stations in Omaha. 

4.  The licensee of KMAJ(AM)/KMAJ-FM, Topeka, Kansas, argues that
the petition against it should be dismissed because the
declaration under penalty of perjury filed in support of the
petition against KMAJ(AM)/KMAJ-FM was filed late and failed to
allege personal knowledge of its case.  The licensee of
WIBW(AM)/WIBW-FM, Topeka, Kansas, argues that the NAACP cannot be
classified as a petitioner, but can be considered an informal
objector because the petition failed to include a supporting
affidavit from someone claiming residence in its service area. 
We note that, while the petition was timely filed on May 1, 1991,
the declaration under penalty of perjury submitted by the NAACP
in support of its challenges against the Topeka stations was
filed in a supplement on May 23, 1991 -- three weeks after the
deadline.  The NAACP states that the declaration, which was from
the Topeka NAACP branch president, was filed late because the
Topeka branch of the NAACP needed time to review its files and
consider the EEO performance of the Topeka stations.  It argues
that the Commission should consider the declaration since it was
filed prior to the deadline for oppositions to the petition and
no party would be harmed.  In addition, the president of the
Topeka branch did not claim to live in the service areas of any
of the four stations petitioned in Topeka or to listen to any of
the Topeka stations.  

5.  The Commission has previously ruled that these same arguments
in support of untimely filings did not constitute good cause for
the untimeliness.  See Applications of Certain Broadcast Stations
Serving Communities in the States of Michigan and Ohio, 3 FCC Rcd
6944, 6944 (1988) (citing Florida Broadcast Renewals, 3 FCC Rcd
1923 (1988)).  Accordingly, we will treat the NAACP as an
informal objector against the four Topeka stations because the
declaration was untimely filed without justifiable cause and
fails to show that the challenger is a listener or resident
within the station's service area.  47 C.F.R. Section 73.3584(b);
see also Application of KDEN Broadcasting Co. for Renewal of
License of Station KDEN, Denver, Colorado, 55 Rad.Reg. 2d (P&F)
1311, 1311-1312 (1984).  

                              III.  PLEADINGS

6.  The NAACP derived its factual allegations from the licensees'
EEO programs and annual employment reports.  Review of their
allegations led us to conclude that the NAACP presented a prima
facie case demonstrating that, as to all six stations,
unconditional grant of the renewal applications would have been
inconsistent with the public interest.  Section 309(d)(1) of
the Communications Act, 47 U.S.C. Section 309(d)(1).  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
Bicultural Coalition on Mass Media, Inc. v. FCC, 595 F.2d 621
(D.C. Cir. 1978) (Bilingual).

7.  Review of the NAACP's allegations and supporting
documentation as well as each licensee's renewal applications,
oppositions 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 that
any licensee engaged in discrimination.  Thus, grant of each
application will serve the public interest.  47 U.S.C. Section
309(d)(2).  Astroline, supra.  Accordingly, we will grant renewal
but with remedies and sanctions as noted, infra.

                              IV.  DISCUSSION

8.  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) and
(c).

9.  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 sanctions or remedies, 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
Rcd 3967 (1987) (hereinafter Broadcast EEO), petition for
reconsideration pending; see also 4 FCC Rcd 1715 (1989) (request
for clarification by National Association of Broadcasters)
(hereinafter Clarification of Broadcast EEO).  See e.g.,
Beaumont, supra; Bilingual, supra.  

KMAJ(AM)/KMAJ-FM, Topeka, Kansas 

10.  A review of the licensee's 1990 EEO Program Report, response
to the petition to deny and response to our letter of inquiry
reveals that KMAJ(AM)/KMAJ-FM had 11 overall (9 upper-level)
full-time hiring opportunities from July 28, 1987, through June
1, 1990.  The licensee used the following general recruitment
sources for all 11 openings and reported minority referrals as
follows:  Topeka Capital-Journal (3), Topeka Job Service Council
(1), Washburn University (0), Everywoman's Resource Center (0)
and employee referrals (2).  It did not report minority referrals
from any other sources.  However, it contacted the Topeka Job
Security Center for 11 openings and, starting near the end of the
term in May 1990, used the following general sources:  American
Career College Placement Service, Kansas University, Kansas State
University, various employment agencies and Topeka Technical
College.  It used the Coordinating Committee of Black Community,
a minority source, for all openings, and used El Centro Servicios
Para Hispanics, The League of United Latin American Citizens and
the NAACP, all additional minority sources, for recruitment
starting in May 1990.    

11.  The licensee reported complete applicant flow data for only
one of the 11 positions filled.  It received 36 applications and
interviewed 22 applicants (no minorities) for that position.  Of
the 11 hires, none were minorities.  All hires resulted from
referrals from the Topeka Capital-Journal.  The licensee
explained that its recruitment records are incomplete because the
employee responsible for maintaining the records destroyed them
as part of an apparent plan to destroy evidence of his activities
at the stations.  The employee was terminated on March 6, 1990,
immediately after admitting that he embezzled station funds, a
crime for which he was later convicted. 

12.  The NAACP asserts that the licensee's recruitment sources
include only one minority organization and that all sources
combined produced few minority referrals.  It criticizes the
licensee for employing what it terms as a "token" number of
minorities during the license term and asserts that the licensee
has no plans to implement a meaningful EEO program. 

13.  The licensee asserts that it has recruited minorities
through a variety of sources, including minority sources, for
every opening during the license term.  Although the licensee has
not employed any Black employees full-time since 1986, it states
that it employed a Black part-time announcer from November 30,
1989, to June 7, 1990, and offered to change her position to
full-time.  She declined the offer because of her other job,
which later transferred her to another state.  The licensee
acknowledged that it has had difficulty attracting Black
applicants but denies the NAACP's assertion that it does not
intend to implement a meaningful EEO program.  In October 1989,
the licensee joined with other Topeka stations to sponsor a
broadcast seminar for minorities and females held at Washburn
University which attracted 17 people, including eight minorities,
to consider broadcasting careers.  The licensee plans to make
this an annual event.  In addition, in May 1990, the licensee
added three minority and four general sources as well as several
employment agencies to its list of sources to contact for
openings.  

14.  After reviewing the record, we find no substantial and
material question of fact sufficient to warrant a hearing.  See
Astroline, supra.  In addition, we find no evidence indicating
that the licensee engaged in discrimination.  

15.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (seven) of
its 11 full-time positions.  Although applicant/interview pool
data were missing, the licensee admitted that it received few
minority referrals or applicants.  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 this regard, the licensee
used one minority source for all vacancies and it was
unproductive.  Also, it obtained only six minority referrals and
failed to modify its program until one month before the license
term expired.  Accordingly, a base forfeiture of $12,500 and
reporting conditions are warranted.  See Policy Statement, FCC#
94-27 (Released February 1, 1994).

16.  Furthermore, 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.  See Policy Statement, supra.  In light of
the above, we will issue a Notice of Apparent Liability for
$18,750 and renew the licenses subject to reporting conditions.

WOW(AM)/WOW-FM, Omaha, Nebraska

17.  A review of the licensee's 1990 EEO Program Report,
opposition and responses to our letters of inquiry reveals that
the licensee had 53 overall and 41 upper-level full-time hiring
opportunities from March 31, 1986, through May 31, 1990.  The
licensee was able to provide recruitment data for only 25 of its
53 full-time hires.  The data reveal that it recruited from
multiple sources for 23 openings and that it received minority
referrals from general sources as follows:  Omaha World Herald
(3), Nebraska Job Service (3), and employee referrals (1).  It
also contacted 14 general and female-specific sources for 10 or
more openings and five general sources for six or fewer openings,
but received no minority referrals.  The licensee contacted the
Omaha World Herald for 20 openings, the Nebraska Job Service for
23 openings, and the Iowa Job Service for 19 openings.  The Urban
League, the only minority source to produce referrals, was
contacted for 21 openings and made three minority referrals.  The
licensee also contacted the Omaha Star, a Black newspaper, for 18
openings and seven minority sources for 10 openings.  The
interview records that the licensee did maintain reveal that it
interviewed at least 117 applicants, at least 12 of whom (10.3%)
were minorities (eight Blacks, three American Indians and one
Hispanic).  The available information on applicant/ interview
pools reveal that minorities were present in nine pools (two
upper-level).  The referral source of one Black interviewee is
unknown by the licensee.  Two of its 53 hires were minorities --
a Black clerical employee and an Hispanic sales worker.  The
Hispanic hired was a former employee of the station.  In
addition, the licensee offered full-time jobs in its traffic
department to two Black applicants who declined the offers.  

18.  The NAACP asserts that the licensee hired so few minorities
from its minority referrals that it discriminated against
minorities.  It notes that the licensee reported receiving 10
minority referrals in the renewal year for full- and part-time
openings and only hired one minority for a full-time position. 
In addition, the NAACP asserts that the EEO record of the
stations became "abysmal" as soon as the licensee took control of
the stations after the 1983 reporting year.  Finally, the NAACP
criticized the licensee for employing no minorities on a part-
time basis.

19.  In defense of its record, the licensee denies that it has
discriminated, noting that it has recruited from a number of
general and minority sources for most openings as well as self-
assessed its EEO program.  The licensee states that its self-
assessment has included meetings in June 1987 with a top official
of the state EEO Commission, and with the head of the Omaha Urban
League in July 1989 as well as a subsequent meeting with an Urban
League recruiter to encourage more referrals.  Furthermore,
following self-assessment in September 1989, the licensee states
that it created the position of EEO Compliance Officer and added
16 new general and seven new minority sources to its contact list
used for most openings.  The licensee states that it has engaged
in self-assessment and taken steps to improve its EEO efforts
because it is aware that it has not received large numbers of
minority referrals.  It notes, however, that it has had minority
referrals, applicants, interviewees and hires.  As to the NAACP's
argument that the station's EEO performance suffered after the
licensee assumed control, the licensee asserts that the
allegation is without merit because it is based solely on the
loss of one minority employee after 1983.  Finally, as to the
NAACP's charge of not employing Black part-time employees, the
licensee notes that it employed three Blacks in part-time jobs
during the term, including one Black announcer starting in 1986.  

20.  In view of the foregoing, we find no substantial and
material question of fact warranting a hearing.  See Astroline,
supra.  We find no evidence indicating that the licensee engaged
in discrimination.  In this regard, we note that the licensee
received some minority referrals and applicants, and interviewed
and hired minorities during the license term.  

21.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (35) of its
53 full-time positions.  Only 17% (nine) of the 53 overall
applicant/interview pools and 5% (two) of the 41 upper-level
applicant/interview pools contained minorities.  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 this regard, the
licensee failed to use minority sources for 32 vacancies. 
Accordingly, a base forfeiture of $12,500 and reporting
conditions are warranted.  See Policy Statement, supra.

22.  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.  Similarly, the combination of the above
and and its large number of hiring opportunities (53) 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.  In light of the above, we will issue a Notice of Apparent
Liability for $25,000, renew the licenses for a short term, and
impose reporting conditions.

WIBW(AM)/WIBW-FM, Topeka, Kansas 

23.  A review of the licensee's 1990 EEO Program Report,
opposition and responses to our letters of inquiry reveals that
the licensee had 22 overall full-time hiring opportunities, 21
for upper-level positions, from February 1, 1986, through May 31,
1990.  The licensee reported that it used general recruitment
sources from which it received minority referrals as follows: 
Topeka Capital-Journal (4), Radio and Television News Directors
Association Newsletter (2), referrals from community members (2)
and Radio & Records (1).  The licensee reported using the
following general sources, for seven to 12 openings, from which
it received no minority referrals:  Voluntary Action Center,
Kansas Association of Broadcasters, Everywoman's Resource Center,
three job services, Kansas University and employee referrals.  It
used the Topeka Capital-Journal for eight openings.  It used the
following sources for one to six openings, from which it received
no minority referrals:  Nine universities and colleges, Topeka
Department of Parks and Recreation and the National Association
of Farm Broadcasters. 

24.  The licensee contacted the following minority sources for 12
openings:  Shawnee County Indian Center, Coordinating Committee
for the Black Community, NAACP and El Centrol De Servicios.  None
of the minority sources produced minority referrals.  Minorities
were present in applicant pools for five of the 22 openings (four
upper-level).  Also, minorities were present in four interview
pools (three upper-level).  The licensee recruited for 13 of its
22 full-time openings.  One of the positions not publicly
recruited for was filled by a Black applicant who was personally
recruited for that job.  It interviewed 76 applicants, of whom at
least four (5.3%) were minorities:  three were Black, but the
race of the fourth minority interviewee is unknown.  The
licensee's only minority hire was the Black applicant personally
recruited for an upper-level position (4.8%). 

25.  The Everywoman's Resource Center was the only female-
specific source used by the licensee, and this source produced no
female referrals or applicants.  However, the licensee received
31 female referrals from the Topeka Capital-Journal and seven
from five other general sources.  The records indicate that,
although the licensee had 22 hiring opportunities, the 38 female
applicants were considered in only eight (36%) of the
applicant/interview pools for overall full-time positions, and
only seven (33%) of the applicant/interview pools for upper-four
full-time positions.  Moreover, while the licensee interviewed 34
female applicants for these eight vacancies, 24 of these female
applicants (71%) were interviewed for only two of the eight
positions.  In particular, the licensee interviewed 17 women for
one secretarial vacancy, and seven women for one sales worker
vacancy.  The remaining 10 female applicants were interviewed for
only six additional jobs.  We note further that, for five of the
seven license term years, women were employed below 50% of parity
at various levels in the station's upper-level staff.  The
licensee hired six women overall, five for upper-level positions. 

26.  The NAACP asserts that the licensee's minority recruitment
efforts produced few referrals and that the licensee failed to
recruit for some openings.  It also asserts that the licensee
appears to have contacted Black organizations only toward the end
of the license term.  It criticizes the licensee for failing to
hire any minorities for upper-level jobs in the renewal year and
for only employing a "token" number of minority employees during
the term.

27.  The licensee concedes that it did not recruit for every
opening but notes that three openings for which no recruitment
took place were filled by interns hired full-time after
graduation.  Next, the licensee states that the NAACP
incorrectly concludes that it only contacted minority sources at
the end of the term.  The licensee states that it contacted
minority sources during the entire period under review and
expected them to be productive because of success with referrals
for its television station in the same market, WIBW-TV.  It
notes, however, that the minority sources were not productive for
the radio stations during their license terms.  Moreover, it
states that it had difficulty contacting the local NAACP office
at the end of the term.  As part of the self-assessment of its
referral record, the licensee states that it sought minority and
female applicants through a broadcast seminar for females and
minorities held at Washburn University in October 1989 as well as
through recruitment for specific jobs.  Acknowledging that it
hired only one minority full-time, the licensee hired four Blacks
for part-time positions.  Although the licensee was not
challenged regarding its recruitment of women, it states that its
EEO program has been "highly effective" in the hiring of women.

28.  On the basis of the record before us, we find no substantial
and material question of fact warranting a hearing.  See
Astroline, supra.  We find no evidence indicating that the
licensee engaged in discrimination and note that the licensee did
interview and hire minorities and women during the license term.

29.  However, the licensee's efforts to recruit minorities were
deficient because it failed to recruit so as to attract an
adequate pool of minority applicants for at least 66% (15 jobs)
of its 22 full-time positions.  Only 23% (five) of the 22 overall
applicant pools and 19% (four) of the 21 upper-level applicant
pools contained minorities.  Only 18% (four) of the 22 overall
interview pools and 14% (three) of the 21 upper-level interview
pools contained minorities.  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 this regard, the licensee
failed to recruit for nine of 22 vacancies.  In addition, it
failed to use minority sources for 10 vacancies.  Accordingly, a
base forfeiture of $12,500 and reporting conditions are
warranted.  See Policy Statement, supra.  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.  

30.  Moreover, the licensee's efforts to recruit women were
deficient because it failed to recruit so as to attract an
adequate pool of female applicants for at least 66% (15 jobs) of
its 22 full-time positions.  Women were in only 36% (eight) of
the 22 overall applicant and interview pools and 33% (seven) of
the 21 upper-level applicant and interview pools. 
Notwithstanding the absence of women from the applicant and
interview pools as noted above, it does not appear that the
licensee consistently engaged in efforts to attract women or
otherwise conducted meaningful self-assessment of its program. 
Again, as noted above, the licensee failed to recruit for nine of
22 vacancies, attracted 71% of its female interviewees to only
two positions (half [17] to a secretarial vacancy and seven
others to a sales worker vacancy).  Despite the absence of women
from most of its interview pools, it used only one (unproductive)
female-specific recruitment source.  The combination of the
licensee's failure to engage in adequate recruitment efforts for
minorities and women warrants a further $11,250 upward
adjustment, for a total forfeiture of $30,000.  Given the number
and types of deficiencies noted, a short term renewal is also
warranted.  See Policy Statement, supra.  In light of the above,
we will issue a Notice of Apparent Liability for $30,000, renew
the licenses for a short term, and impose reporting conditions.

                              V.  CONCLUSION

31.  After considering the evidence and arguments submitted by
the NAACP and all licensees in the instant case, we find that
hearings are not warranted and the records of the licensees
support the granting of their renewal applications.  Because of
concerns about future affirmative action efforts, we will impose
reporting conditions on each of the stations.  In addition, for
violations of the Commission's EEO Rule, we will issue a Notice
of Apparent Liability for $18,750 to the licensee of
KMAJ(AM)/KMAJ-FM.  We will also issue Notices of Apparent
Liability for $25,000 to the licensee of WOW(AM)/WOW-FM and
$30,000 to the licensee of WIBW(AM)/WIBW-FM for violations of the
EEO Rule and renew their licenses for a short term.  

                           VI.  ORDERING CLAUSES

32.  Accordingly, IT IS ORDERED that the Petition to Deny filed
by the NAACP against the licensee of WOW(AM)/WOW-FM IS DENIED.

33.  IT IS FURTHER ORDERED that the informal objection filed by
the NAACP against the licensees of KMAJ(AM)/KMAJ-FM and WIBW(AM)/
WIBW-FM IS DENIED.

34.  IT IS FURTHER ORDERED that, the license renewal applications
filed by Midland Broadcasters, Inc. for Stations KMAJ(AM)/KMAJ-FM
ARE GRANTED subject to the EEO reporting conditions specified
herein.

35.  IT IS FURTHER ORDERED that the license renewal applications
filed by Omaha Great Empire Broadcasting, Inc. for Stations
WOW(AM)/WOW-FM ARE GRANTED FOR A SHORT TERM ending June 1, 1995,
subject to reporting conditions as described herein and, pursuant
to Section 503 of the Communications Act of 1934, as amended, 47
U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY FOR FORFEITURE
in the amount of $25,000. 

36.  IT IS FURTHER ORDERED that the license renewal applications
filed by Stauffer Communications, Inc. for Stations
WIBW(AM)/WIBW-FM ARE GRANTED FOR A SHORT TERM ending June 1,
1995, subject to reporting conditions as described herein and,
pursuant to Section 503 of the Communications Act of 1934, as
amended, 47 U.S.C. Section 503, a NOTICE OF APPARENT LIABILITY
FOR FORFEITURE in the amount of $30,000. 

37.  IT IS FURTHER ORDERED that, pursuant to Section 503 of the
Communications Act of 1934, as amended, 47 U.S.C. Section 503,
this document constitutes a NOTICE OF APPARENT LIABILITY FOR
FORFEITURE in the amount of $18,750 for the licensee of
KMAJ(AM)/KMAJ-FM. 

38.  IT IS FURTHER ORDERED that the licensees of Stations
WOW(AM)/WOW-FM and WIBW(AM)/WIBW-FM file an original and one copy
of the following information on February 1, 1995, and the
licensee of Stations KMAJ(AM)/KMAJ-FM file an original and one
copy of the following information on February 1, 1995, February
1, 1996, and February 1, 1997:

        (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, 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 were      
        contacted;

        (b) a list of employees as of the January 1, 1995,        
        payroll period for the first report and as of the       
        January 1, 1996, and the January 1, 1997, payroll         
        periods for the second and third reports, by job          
        title, indicating part-time or full-time status           
        (ranked from the highest paid classification), date       
        of hire, sex and race or national origin;

        (c) details concerning the station's efforts to recruit
        minorities for each position filled during the period
        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 relevant information with         
        regard to the station's EEO performance and efforts       
        thereunder.

39.  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 Notice of Apparent Liability to
all parties.

40.  The reports are to be filed with the Secretary of the
Commission for the attention of the Mass Media Bureau's EEO
Branch.  Should the parties have any questions regarding this
action, they may telephone the Mass Media Bureau's EEO Branch at
202-632-7069.  Regarding the forfeiture proceedings, 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 Memorandum Opinion and Order and Notice of Apparent
Liability.  Any comments relating to their ability to pay should
include those financial letters set forth in the noted
attachment.

                              FEDERAL COMMUNICATIONS COMMISSION

                              William F. Caton 
                              Acting Secretary