FCC turned down petition by advocacy group Rainbow-PUSH Coalition...
FCC turned down petition by advocacy group Rainbow-PUSH Coalition to deny license renewal application of U. of Mo. for noncommercial radio station KWMU(FM) St. Louis for alleged violation of EEO rules, but fined university $8,000 for “willfully omitting” material…
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facts about employment discrimination complaints in information provided to Commission. Rainbow alleged that station had discriminated against several black applicants and former station employees, citing declarations by 2 former staffers and 2 applicants. In order adopted Dec. 20 but not released until Jan. 17, Commission said Rainbow had failed to make prima facie case in its petition to deny. Individual complaints, in general, didn’t suffice to make prima facie case that grant of renewal application would be inconsistent with public interest, it said. FCC’s policy has been that such complaints ordinarily should be resolved first by EEOC or other govt. agency and/or court established to enforce nondiscrimination laws, agency said, and Rainbow hadn’t raised facts “that would warrant a departure from our general policy.” As for Rainbow’s charge that number of minorities employed by KWMU indicated that station violated Commission’s EEO program requirements, agency said it couldn’t consider allegations relating to EEO program requirements because they were held unconstitutional by U.S. Appeals Court, D.C., in Luthern Church-Missouri Synod v. FCC. FCC found that licensee had “willfully omitted” facts involving EEO litigation involving 2 part-time employees -- in one instance even after Commission staff sent letter specifically asking it to identify such cases. Finding that licensee’s “behavior is more egregious” than in previous such cases of apparent liability, agency granted renewal subject to notice of apparent Liability for $8,000.