WTJR Public File

(9) Annual Employment Reports and Related Material.

We require all radio and TV stations to afford equal opportunity in employment. We also prohibit employment discrimination on the basis of race, color, religion, national origin, or sex. We require stations to file reports annually describing how they have complied with these policies. However, some of the specific rules implementing these policies were struck down by the D.C. Circuit Court in 1998. As a result, we are in the process of studying them to make them consistent with the court’s requirements.

__________________________________

The station has fewer then 5 full time employyess per FCC Rule number
Sec. 73.2080 Equal employment opportunities (EEO).
[[Page 337]]
(d) Small station exemption. The provisions of paragraphs (b) and
(c) of this section shall not apply to station employment units that
have fewer than five full-time employees.
(e) Definitions. For the purposes of this rule:
(1) A full-time employee is a permanent employee whose regular work
schedule is 30 hours per week or more.
(2) A station employment unit is a station or a group of commonly
owned stations in the same market that share at least one employee.
(3) A smaller market includes metropolitan areas as defined by the
Office of Management and Budget with a population of fewer than 250,000
persons and areas outside of all metropolitan areas as defined by the
Office of Management and Budget.

Therefore the station is excluded from parts B and C of 73.2080
The station does comply with section A.

In accordance with the FCC’s rules, CTN makes reasonable, good faith efforts to recruit applicants, without regard to race, color, natural origin or gender, among those who are qualified based for employment on their religious belief or affiliation. WTJR is a drug free workplace.

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TITLE 47–TELECOMMUNICATION
CHAPTER I–FEDERAL COMMUNICATIONS COMMISSION (CONTINUED)
PART 73_RADIO BROADCAST SERVICES–Table of Contents

Subpart H_Rules Applicable to All Broadcast Stations

Sec. 73.2080 Equal employment opportunities (EEO).

(a) General EEO policy. Equal opportunity in employment shall be
afforded by all licensees or permittees of commercially or
noncommercially operated AM, FM, TV, Class A TV or international
broadcast stations (as defined in this part) to all qualified persons,
and no person shall be discriminated against in employment by such
stations because of race, color, religion, national origin, or sex.
Religious radio broadcasters may establish religious belief or
affiliation as a job qualification for all station employees. However,
they cannot discriminate on the basis of race, color, national origin or
gender from among those who share their religious affiliation or belief.
For purposes of this rule, a religious broadcaster is a licensee which
is, or is closely affiliated with, a church, synagogue, or other
religious entity, including a subsidiary of such an entity.
(b) General EEO program requirements. Each broadcast station shall
establish, maintain, and carry out a positive continuing program of
specific practices designed to ensure equal opportunity and
nondiscrimination in every aspect of station employment policy and
practice. Under the terms of its program, a station shall:
(1) Define the responsibility of each level of management to ensure
vigorous enforcement of its policy of equal opportunity, and establish a
procedure to review and control managerial and supervisory performance;
(2) Inform its employees and recognized employee organizations of
the equal employment opportunity policy and program and enlist their
cooperation;
(3) Communicate its equal employment opportunity policy and program
and its employment needs to sources of qualified applicants without
regard to race, color, religion, national origin, or sex, and solicit
their recruitment assistance on a continuing basis;
(4) Conduct a continuing program to exclude all unlawful forms of
prejudice or discrimination based upon race, color, religion, national
origin, or sex from its personnel policies and practices and working
conditions; and
(5) Conduct a continuing review of job structure and employment
practices and adopt positive recruitment, job design, and other measures
needed to ensure genuine equality of opportunity to participate fully in
all organizational units, occupations, and levels of responsibility.
(c) Specific EEO program requirements. Under the terms of its
program, a station employment unit must:
(1) Recruit for every full-time job vacancy in its operation. A job
filled by an internal promotion is not considered a vacancy for which
recruitment is necessary. Religious radio broadcasters who establish
religious affiliation as a qualification for a job position are not
required to comply with these recruitment requirements with respect to
that job position or positions, but will be expected to make reasonable,
good faith efforts to recruit applicants who are qualified based on
their religious affiliation. Nothing in this section shall be
interpreted to require a broadcaster to grant preferential treatment to
any individual or group based on race, color, national origin, religion,
or gender.

[[Page 335]]

(i) A station employment unit shall use recruitment sources for each
vacancy sufficient in its reasonable, good faith judgment to widely
disseminate information concerning the vacancy.
(ii) In addition to such recruitment sources, a station employment
unit shall provide notification of each full-time vacancy to any
organization that distributes information about employment opportunities
to job seekers or refers job seekers to employers, upon request by such
organization. To be entitled to notice of vacancies, the requesting
organization must provide the station employment unit with its name,
mailing address, e-mail address (if applicable), telephone number, and
contact person, and identify the category or categories of vacancies of
which it requests notice. (An organization may request notice of all
vacancies).
(2) Engage in at least four (if the station employment unit has more
than ten full-time employees and is not located in a smaller market) or
two (if it has five to ten full-time employees and/or is located
entirely in a smaller market) of the following initiatives during each
two-year period beginning with the date stations in the station
employment unit are required to file renewal applications, or the
second, fourth or sixth anniversaries of that date.
(i) Participation in at least four job fairs by station personnel
who have substantial responsibility in the making of hiring decisions;
(ii) Hosting of at least one job fair;
(iii) Co-sponsoring at least one job fair with organizations in the
business and professional community whose membership includes
substantial participation of women and minorities;
(iv) Participation in at least four events sponsored by
organizations representing groups present in the community interested in
broadcast employment issues, including conventions, career days,
workshops, and similar activities;
(v) Establishment of an internship program designed to assist
members of the community to acquire skills needed for broadcast
employment;
(vi) Participation in job banks, Internet programs, and other
programs designed to promote outreach generally (i.e., that are not
primarily directed to providing notification of specific job vacancies);
(vii) Participation in scholarship programs designed to assist
students interested in pursuing a career in broadcasting;
(viii) Establishment of training programs designed to enable station
personnel to acquire skills that could qualify them for higher level
positions;
(ix) Establishment of a mentoring program for station personnel;
(x) Participation in at least four events or programs sponsored by
educational institutions relating to career opportunities in
broadcasting;
(xi) Sponsorship of at least two events in the community designed to
inform and educate members of the public as to employment opportunities
in broadcasting;
(xii) Listing of each upper-level category opening in a job bank or
newsletter of media trade groups whose membership includes substantial
participation of women and minorities;
(xiii) Provision of assistance to unaffiliated non-profit entities
in the maintenance of web sites that provide counseling on the process
of searching for broadcast employment and/or other career development
assistance pertinent to broadcasting;
(xiv) Provision of training to management level personnel as to
methods of ensuring equal employment opportunity and preventing
discrimination;
(xv) Provision of training to personnel of unaffiliated non-profit
organizations interested in broadcast employment opportunities that
would enable them to better refer job candidates for broadcast
positions;
(xvi) Participation in other activities designed by the station
employment unit reasonably calculated to further the goal of
disseminating information as to employment opportunities in broadcasting
to job candidates who might otherwise be unaware of such opportunities.
(3) Analyze its recruitment program 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.

[[Page 336]]

(4) Periodically analyze measures taken to:
(i) Disseminate the station’s equal employment opportunity program
to job applicants and employees;
(ii) Review seniority practices to ensure that such practices are
nondiscriminatory;
(iii) Examine rates of pay and fringe benefits for employees having
the same duties, and eliminate any inequities based upon race, national
origin, color, religion, or sex discrimination;
(iv) Utilize media for recruitment purposes in a manner that will
contain no indication, either explicit or implicit, of a preference for
one race, national origin, color, religion or sex over another;
(v) Ensure that promotions to positions of greater responsibility
are made in a nondiscriminatory manner;
(vi) Where union agreements exist, cooperate with the union or
unions in the development of programs to ensure all persons of equal
opportunity for employment, irrespective of race, national origin,
color, religion, or sex, and include an effective nondiscrimination
clause in new or renegotiated union agreements; and
(vii) Avoid the use of selection techniques or tests that have the
effect of discriminating against any person based on race, national
origin, color, religion, or sex.
(5) Retain records to document that it has satisfied the
requirements of paragraphs (c)(1) and (2) of this section. Such records,
which may be maintained in an electronic format, shall be retained until
after grant of the renewal application for the term during which the
vacancy was filled or the initiative occurred. Such records need not be
submitted to the FCC unless specifically requested. The following
records shall be maintained:
(i) Listings of all full-time job vacancies filled by the station
employment unit, identified by job title;
(ii) For each such vacancy, the recruitment sources utilized to fill
the vacancy (including, if applicable, organizations entitled to
notification pursuant to paragraph (c)(1)(ii) of this section, which
should be separately identified), identified by name, address, contact
person and telephone number;
(iii) Dated copies of all advertisements, bulletins, letters, faxes,
e-mails, or other communications announcing vacancies;
(iv) Documentation necessary to demonstrate performance of the
initiatives required by paragraph (c)(2) of this section, including
sufficient information to fully disclose the nature of the initiative
and the scope of the station’s participation, including the station
personnel involved;
(v) The total number of interviewees for each vacancy and the
referral source for each interviewee; and
(vi) The date each vacancy was filled and the recruitment source
that referred the hiree.
(6) Annually, on the anniversary of the date a station is due to
file its renewal application, the station shall place in its public
file, maintained pursuant to Sec. 73.3526 or Sec. 73.3527, and on its
web site, if it has one, an EEO public file report containing the
following information (although if any broadcast licensee acquires a
station pursuant to FCC Form 314 or FCC Form 315 during the twelve
months covered by the EEO public file report, its EEO public file report
shall cover the period starting with the date it acquired the station):
(i) A list of all full-time vacancies filled by the station’s
employment unit during the preceding year, identified by job title;
(ii) For each such vacancy, the recruitment source(s) utilized to
fill the vacancy (including, if applicable, organizations entitled to
notification pursuant to paragraph (c)(1)(ii) of this section, which
should be separately identified), identified by name, address, contact
person and telephone number;
(iii) The recruitment source that referred the hiree for each full-
time vacancy during the preceding year;
(iv) Data reflecting the total number of persons interviewed for
full-time vacancies during the preceding year and the total number of
interviewees referred by each recruitment source utilized in connection
with such vacancies; and
(v) A list and brief description of initiatives undertaken pursuant
to paragraph (c)(2) of this section during the preceding year.

[[Page 337]]

(d) Small station exemption. The provisions of paragraphs (b) and
(c) of this section shall not apply to station employment units that
have fewer than five full-time employees.
(e) Definitions. For the purposes of this rule:
(1) A full-time employee is a permanent employee whose regular work
schedule is 30 hours per week or more.
(2) A station employment unit is a station or a group of commonly
owned stations in the same market that share at least one employee.
(3) A smaller market includes metropolitan areas as defined by the
Office of Management and Budget with a population of fewer than 250,000
persons and areas outside of all metropolitan areas as defined by the
Office of Management and Budget.
(f) Enforcement. The following provisions apply to employment
activity concerning full-time positions at each broadcast station
employment unit (defined in this part) employing five or more persons in
full-time positions, except where noted.
(1) All broadcast stations, including those that are part of an
employment unit with fewer than five full-time employees, shall file a
Broadcast Equal Employment Opportunity Program Report (Form 396) with
their renewal application. Form 396 is filed on the date the station is
due to file its application for renewal of license. If a broadcast
licensee acquires a station pursuant to FCC Form 314 or FCC Form 315
during the period that is to form the basis for the Form 396,
information provided on its Form 396 should cover the licensee’s EEO
recruitment activity during the period starting with the date it
acquired the station. Stations are required to maintain a copy of their
Form 396 in the station’s public file in accordance with the provisions
of Sec. Sec. 73.3526 and 73.3527.
(2) The Commission will conduct a mid-term review of the employment
practices of each broadcast television station and each radio station
that is part of an employment unit of more than ten full-time employees
four years following the station’s most recent license expiration date
as specified in Sec. 73.1020. Each such licensee is required to file
with the Commission the Broadcast Mid-Term Report (FCC Form 397) four
months prior to that date. If a broadcast licensee acquires a station
pursuant to FCC Form 314 or FCC Form 315 during the period that is to
form the basis for the Form 397, its Report should cover the licensee’s
EEO recruitment activity during the period starting with the date it
acquired the station.
(3) If a station is subject to a time brokerage agreement, the
licensee shall file Forms 396, Forms 397, and EEO public file reports
concerning only its own recruitment activity. If a licensee is a broker
of another station or stations, the licensee-broker shall include its
recruitment activity for the brokered station(s) in determining the
bases of Forms 396, Forms 397 and the EEO public file reports for its
own station. If a licensee-broker owns more than one station, it shall
include its recruitment activity for the brokered station in the Forms
396, Forms 397, and EEO public file reports filed for its own station
that is most closely affiliated with, and in the same market as, the
brokered station. If a licensee-broker does not own a station in the
same market as the brokered station, then it shall include its
recruitment activity for the brokered station in the Forms 396, Forms
397, and EEO public file reports filed for its own station that is
geographically closest to the brokered station.
(4) Broadcast stations subject to this section shall maintain
records of their recruitment activity necessary to demonstrate that they
are in compliance with the EEO rule. Stations shall ensure that they
maintain records sufficient to verify the accuracy of information
provided in Forms 396, Forms 397, and EEO public file reports. To
determine compliance with the EEO rule, the Commission may conduct
inquiries of licensees at random or if it has evidence of a possible
violation of the EEO rule. In addition, the Commission will conduct
random audits. Specifically, each year approximately five percent of all
licensees in the television and radio services will be randomly selected
for audit, ensuring that, even though the number of radio licensees is
significantly larger than television licensees, both services are

[[Page 338]]

represented in the audit process. Upon request, stations shall make
records available to the Commission for its review.
(5) The public may file complaints throughout the license term based
on a station’s Form 397 or the contents of a station’s public file.
Provisions concerning filing, withdrawing, or non-filing of informal
objections or petitions to deny license renewal, assignment, or transfer
applications are delineated in Sec. Sec. 73.3584 and 73.3587-3589 of
the Commission’s rules.
(g) Sanctions and remedies. The Commission may issue appropriate
sanctions and remedies for any violation of this rule.

[68 FR 689, Jan. 7, 2003]