Federal Communications Commission
Washington, D.C. 20554
Approved by OMB
3060-0113 (March 2003)
FCC 396
FOR FCC USE ONLY
 
BROADCAST EQUAL EMPLOYMENT OPPORTUNITY PROGRAM REPORT
(To be filed with broadcast license renewal application)

Read INSTRUCTIONS Before Filling Out Form

FOR COMMISSION USE ONLY
FILE NO.

B396 - 20050801BZQ
Section I
Legal Name of the Licensee
BONNEVILLE HOLDING COMPANY
Mailing Address
55 NORTH 300 WEST
8TH FLOOR
City
SALT LAKE CITY
State or Country (if foreign address)
UT
Zip Code
84180 -
Telephone Number (include area code)
8015757517
E-Mail Address (if available)
  Facility ID Number
6369
Call Sign
KOIT
TYPE OF BROADCAST STATION:
(if applicable)
Commercial Broadcast Station
Radio
TV
Low Power TV
International
Noncommercial Broadcast Station
Educational Radio
Educational TV
 
Application Purpose
New Program Report
Amendment to Program Report

List call sign and location of all stations included on this statement. List commonly owned stations that share one or more employees. Also list stations operated by the licensee pursuant to a time brokerage agreement. Indicate on the table below which stations are operated pursuant to a time brokerage agreement. To the extent that licensees include stations operated pursuant to a time brokerage agreement on this report, responses or information provided in Sections I through II should take into consideration the licensee's EEO compliance efforts at brokered stations, as well as any other stations, included on this form. For purposes of this form, a station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee.

[Stations Locations]


Station List

List call sign and location of all stations included on this statement. List commonly owned stations that share one or more employees. Also list stations operated by the licensee pursuant to a time brokerage agreement. Indicate on the table below which stations are operated pursuant to a time brokerage agreement. To the extent that licensees include stations operated pursuant to a time brokerage agreement on this report, responses should take into consideration the licensee's EEO compliance efforts at brokered stations, as well as any other stations, included on this form. For purposes of this form, a station employment unit is a station or a group of commonly owned stations in the same market that share at least one employee.

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KOIT 6369 AM FM TV
SAN FRANCISCO, CA Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KOIT-FM 6380 AM FM TV
SAN FRANCISCO, CA Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KZBR 25446 AM FM TV
SAN FRANCISCO, CA Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KDFC-FM 65486 AM FM TV
SAN FRANCISCO, CA Yes No


CONTACT PERSON IF OTHER THAN LICENSEE
Name
KENNETH E. SATTEN
Street Address
2300 N STREET, N.W.
SUITE 700
City
WASHINGTON
State
DC
Zip Code
20037-1128
Telephone Number
2027834141

FILING INSTRUCTIONS

Broadcast station licensees are required to afford equal employment opportunity to all qualified persons and to refrain from discriminating in employment and related benefits on the basis of race, color, national origin, religion, and sex. See 47 C.F.R. Section 73.2080. Pursuant to these requirements, a license renewal applicant whose station employment unit employs five or more full-time station employees must file a report of its activities to ensure equal employment opportunity. If a station employment unit employs fewer than five full-time employees, no equal employment opportunity program information need be filed. If a station employment unit is filing a combined report, a copy of the report must be filed with each station's renewal application.

A copy of this report must be kept in the station's public file. These actions are required to obtain license renewal. Failure to meet these requirements may result in sanctions or license renewal being delayed or denied. These requirements are contained in 47 C.F.R. Section 73.2080 and are authorized by the Communications Act of 1934, as amended.

DISCRIMINATION COMPLAINTS. Have any pending or resolved complaints been filed during this license term before any body having competent jurisdiction under federal, state, territorial or local law, alleging unlawful discrimination in the employment practices of the station(s)?
Yes No


If so, provide a brief description of the complaint(s), including the persons involved, the date of the filing, the court or agency, the file number (if any), and the disposition or current status of the matter.

[Exhibit 1]

Does your station employment unit employ fewer than five full-time employees?

Consider as "full-time" employees all those permanently working 30 or more hours a week.

Yes No

If your station employment unit employs fewer than five full-time employees, complete the certification below, return the form to the FCC, and place a copy in your station(s) public file. You do not have to complete the rest of this form. If your station employment unit employs five or more full-time employees, you must complete all of this form and follow all instructions.

CERTIFICATION.

This report must be certified, as follows:

A. By licensee, if an individual;
B. By a partner, if a partnership (general partner, if a limited partnership);
C. By an officer, if a corporation or an association; or
D. By an attorney of the licensee, in case of physical disability or absence from the United States of the licensee.

WILLFUL FALSE STATEMENTS ON THIS FORM ARE PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.S. CODE, TITLE 18, SECTION 1001), AND/OR REVOCATION OF ANY STATION LICENSE OR CONSTRUCTION PERMIT (U.S. CODE, TITLE 47, SECTION 312(a)(1)), AND/OR FORFEITURE (U.S. CODE, TITLE 47, SECTION 503).

I certify to the best of my knowledge, information and belief, all statements contained in this report are true and correct.
Signed
Name of Respondent
DAVID K. REDD
Title
SECRETARY
Telephone No. ( include area code)
8015757517
Date
09/27/2005
 



The purpose of this document is to provide broadcast licensees, the FCC, and the public with information about whether the station is meeting equal employment opportunity requirements.

GENERAL POLICY
A broadcast station must provide equal employment opportunity to all qualified individuals without regard to their race, color, national origin, religion or sex in all personnel actions including recruitment, evaluation, selection, promotion, compensation, training and termination.

RESPONSIBILITY FOR IMPLEMENTATION
A broadcast station must assign a particular official overall responsibility for equal employment opportunity at the station. That official's name and title are:

Name: CHARLES R. TWEEDLE Title: SR. REGIONAL VICE PRESIDENT

It is also the responsibility of all persons at a broadcast station making employment decisions with respect to recruitment, evaluation, selection, promotion, compensation, training and termination of employees to ensure that no person is discriminated against in employment because of race, color, religion, national origin or sex.

I. EEO PUBLIC FILE REPORT
Attach as an exhibit one copy of each of the EEO public file reports from the previous two years. Stations are required to place annually such information as is required by 47 C.F.R. Section 73.2080 in their public files.
[Exhibit 2]
II. NARRATIVE STATEMENT
Provide a statement in an exhibit which demonstrates how the station achieved broad and inclusive outreach during the two-year period prior to filing this application. Stations that have experienced difficulties in their outreach efforts should explain.
[Exhibit 3]

FCC NOTICE TO INDIVIDUALS REQUIRED BY THE PRIVACY ACT AND THE PAPERWORK REDUCTION ACT

The FCC is authorized under the Communications Act of 1934, as amended, to collect the personal information we request in this report. We will use the information you provide to determine if the benefit requested is consistent with the public interest. If we believe there may be a violation or potential violation of a FCC statute, regulation, rule or order, your request may be referred to the Federal, state or local agency responsible for investigating, prosecuting, enforcing or implementing the statute, rule, regulation or order. In certain cases, the information in your request may be disclosed to the Department of Justice or a court or adjudicative body when (a) the FCC; or (b) any employee of the FCC; or (c) the United States Government, is a party to a proceeding before the body or has an interest in the proceeding. In addition, all information provided in this form will be available for public inspection. If you owe a past due debt to the federal government, any information you provide may also be disclosed to the Department of Treasury Financial Management Service, other federal agencies and/or your employer to offset your salary, IRS tax refund or other payments to collect that debt. The FCC may also provide this information to these agencies through the matching of computer records when authorized. We have estimated that each response to this collection of information will average 5 hours. Our estimate includes the time to read the instructions, look through existing records, gather and maintain required data, and actually complete and review the form or response. If you have any comments on this estimate, or on how we can improve the collection and reduce the burden it causes you, please write the Federal Communications Commission, AMD-PERM, Paperwork Reduction Project (3060-0113), Washington, D. C. 20554. We will also accept your comments via the Internet if you send them to jboley@fcc.gov. Remember - you are not required to respond to a collection of information sponsored by the Federal government, and the government may not conduct or sponsor this collection, unless it displays a currently valid OMB control number or if we fail to provide you with this notice. This collection has been assigned an OMB control number of 3060-0113.

THE FOREGOING NOTICE IS REQUIRED BY THE PRIVACY ACT OF 1974, P.L. 93-579, DECEMBER 31, 1974, 5 U.S.C. 552a(e)(3), AND THE PAPERWORK REDUCTION ACT OF 1995, P.L. 104-13, OCTOBER 1, 1995, 44 U.S.C. 3507.



Exhibits
Exhibit 1
Description:
DISCRIMINATION COMPLAINTS

THIS AMENDMENT IS BEING FILED TO REFLECT THE SETTLEMENT OF THE STEPHAN SMITH COLLINS COMPLAINT AS SET FORTH BELOW.

----------

ON JUNE 1, 2004, STEPHAN R. JONES, A FORMER EMPLOYEE OF KDFC IN SAN FRANCISCO, FILED A NOTICE OF CHARGE OF DISCRIMINATION WITH THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING (DFEH) ALLEGING KDFC DID NOT REHIRE HIM, AS KDFC ALLEGEDLY PROMISED HIM IT WOULD, BECAUSE OF HIS SEXUAL ORIENTATION. THE COMPANY DENIED THE ALLEGATIONS. IN SEPTEMBER 2004, DFEH NOTIFIED MR. JONES THAT IT CLOSED THE CASE BECAUSE IT DETERMINED THERE WAS NO PROBABLE CAUSE TO PROVE A VIOLATION OF THE STATUTE. PRIOR TO FEBRUARY 24, 2005 MR. JONES CHANGED HIS NAME TO STEPHAN SMITH COLLINS. ON FEBRUARY 24, 2005 MR. COLLINS FILED A COMPLAINT WITH THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO CONTAINING THE SAME ALLEGATIONS AS IN HIS CHARGE WITH THE DFEH. THE COMPANY RESPONDED TO THE COMPLAINT BY DENYING THE ALLEGATIONS. THE DISPUTE WAS SETTLED BY MUTUAL AGREEMENT OF THE PARTIES ON SEPTEMBER 9, 2005.

ON JULY 3, 2000, FREDDIE BUENO, A FORMER PROGRAMMING ASSISTANT/PART-TIME ANNOUNCER FOR KZQZ (LATER CHANGED TO KZBR), FILED A COMPLAINT OF DISCRIMINATION WITH THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ALLEGING THAT HE WAS HARASSED AND DISCRIMINATED AGAINST BECAUSE OF HIS MENTAL STATUS AND DENIED FMLA LEAVE. MR. BUENO RECEIVED A NOTICE OF RIGHT TO SUE FROM THE DFEH ON JULY 5, 2000. ON AUGUST 14, 2000, MR. BUENO FILED A CIVIL LAWSUIT IN THE SUPERIOR COURT OF CALIFORNIA AT SAN FRANCISCO, CASE NO. 314351, AGAINST BONNEVILLE, ALLEGING BREACH OF CONTRACT, WRONGFUL TERMINATION OF EMPLOYMENT CONTRACT, BREACH OF THE COVENANT OF GOOD FAITH AND FAIR DEALING, VIOLATION OF PUBLIC POLICY, DISABILITY DISCRIMINATION AND HARASSMENT IN VIOLATION OF GOVERNMENT CODE SECTIONS 12940 AND 12945, AND RETALIATION. THE CASE WAS REMOVED TO THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, CASE NO. C 00-03424 ON SEPTEMBER 19, 2000. THE DISPUTE WAS SETTLED BY MUTUAL AGREEMENT OF THE PARTIES IN MARCH 2001.


Attachment 1


Attachment 2
Description
EEO Public File Reports


Exhibit 3
Description:
NARRATIVE STATEMENT

THIS BROADCAST EQUAL EMPLOYMENT OPPORTUNITY PROGRAM REPORT COVERS THE PERIOD JULY 26, 2003 THROUGH JULY 22, 2005.   

AS SET FORTH IN THE EEO PUBLIC FILE REPORTS (EXHIBIT 2) BROAD AND INCLUSIVE OUTREACH WAS ACHIEVED BY SENDING ANNOUNCEMENTS TO ORGANIZATIONS AND EDUCATIONAL INSTITUTIONS INCLUDED ON THE EMPLOYMENT UNIT'S RECRUITMENT SOURCE LIST, UTILIZING A JOB LINE, POSTING JOB OPPORTUNITIES ON STATION WEB SITES, AND ADVERTISING WITH ONLINE INDUSTRY JOB BANKS. THE EMPLOYMENT UNIT ALSO ENGAGED IN A NUMBER OF PERFORMANCE INITIATIVES INCLUDING THE ESTABLISHING OF A COMMUNICATIONS SCHOLARSHIP, PARTICIPATING IN SEVERAL JOB FAIRS, ESTABLISHING AN INTERNSHIP PROGRAM, PARTICIPATING IN SPEAKING ENGAGEMENTS DESIGNED TO DISSEMINATE INFORMATION CONCERNING EMPLOYMENT OPPORTUNITIES AND CAREERS IN BROADCASTING, AND PROVIDING EEO TRAINING TO STATION MANAGERS (SEE EXHIBIT 2).

AS PART OF ITS OUTREACH EFFORTS THE EMPLOYMENT UNIT PERIODICALLY CONTACTS RECRUITMENT SOURCES TO CONFIRM THAT THEY WISH TO CONTINUE RECEIVING EMPLOYMENT POSTINGS AND TO CONFIRM CONTACT INFORMATION. THE ORGANIZATIONS ARE ALSO REQUESTED TO MAKE RECOMMENDATIONS AS TO OTHER RECRUITMENT SOURCES IN THE COMMUNITY.

THESE EFFORTS ARE DESIGNED TO ACHIEVE BROAD AND INCLUSIVE OUTREACH.

IT SHOULD BE NOTED THAT THE EMPLOYMENT UNIT RECENTLY COMPLETED AN FCC AUDIT AND RECEIVED A LETTER FROM THE COMMISSION DATED MAY 10, 2005 STATING THAT IT HAD FOUND NO APPARENT VIOLATIONS OF THE COMMISSION'S EEO RULES.



Attachment 3