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 - 20060501ANV
Section I
Legal Name of the Licensee
NASSAU BROADCASTING II, L.L.C.
Mailing Address
619 ALEXANDER ROAD
THIRD FLOOR
City
PRINCETON
State or Country (if foreign address)
NJ
Zip Code
08540 -
Telephone Number (include area code)
6099241515
E-Mail Address (if available)
  Facility ID Number
28130
Call Sign
WWYY
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)
WWYY 54689 AM FM TV
BELVIDERE, NJ Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
WCHR 28130 AM FM TV
FLEMINGTON, NJ Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
WPHY 25011 AM FM TV
TRENTON, NJ Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
WPST 25013 AM FM TV
TRENTON, NJ Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
WTHK 47427 AM FM TV
BURLINGTON, NJ Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
WHWH 47426 AM FM TV
PRINCETON, NJ Yes No


CONTACT PERSON IF OTHER THAN LICENSEE
Name
STEPHEN DIAZ GAVIN
Street Address
2550 M STREET, N.W.
City
WASHINGTON
State
DC
Zip Code
20037-1350
Telephone Number
2024576340

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
TRISTRAM E. COLLINS
Title
EXECUTIVE VICE PRESIDENT
Telephone No. ( include area code)
6094529696
Date
05/01/2006
 



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: ED PALLIDINO Title: OPERATIONS MANAGER

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

NASSAU BROADCASTING II, L.L.C. (NASSAU II) HAS NOT RECEIVED ANY DISCRIMINATION COMPLAINTS DURING THE PAST LICENSE TERM. HOWEVER, THE FOLLOWING LEGAL PROCEEDINGS INVOLVING NASSAU II'S AFFILIATES WERE FILED FOR STATIONS LICENSED TO NASSAU II IN THE STATE OF NEW JERSEY DURING THE PRECEDING LICENSE TERM.

A. SCHUMAKER V. NASSAU BROADCASTING PARTNERS, LP--
    A CLAIM WAS FILED WITH THE EEOC, CHARGE NO. 171-2003-0096, ALLEGING AGE DISCRIMINATION WHICH WAS DISMISSED ON 12/22/03, BECAUSE THE EEOC, AFTER INVESTIGATION, WAS UNABLE TO CONCLUDE ANY VIOLATION OF ANY STATUTE OCCURRED. THE ACTION HAD BEEN FILED AGAINST NASSAU II'S ULTIMATE PARENT.

B. MUHAMMAD V. NASSAU BROADCASTING PARTNERS, L.P.--
    A CLAIM WAS FILED WITH THE NEW JERSEY DIVISION OF CIVIL RIGHTS, CHARGE NO. EQ30WB-46954 ON 4/5/01 ALLEGING RACIAL DISCRIMINATION AS A RESULT OF A LAYOFF. A CLAIM WAS ALSO FILED WITH THE EEOC, CHARGE NO. 17EA10744. ON 1/21/02 THE COMPLAINT WAS DISMISSED BY THE NEW JERSEY DIVISION OF CIVIL RIGHTS BECAUSE OF LACK OF COOPERATION OF THE COMPLAINANT WHICH WAS ADOPTED BY THE EEOC ON 1/21/03.

C. TERRESSA P. GANGAWARE V. NASSAU BROADCASTING--
    TERRESSA P. GANGAWARE, A SENIOR ACCOUNT EXECUTIVE, STILL EMPLOYED WITH NASSAU BROADCASTING, FILED A CHARGE OF DISCRIMINATION AGAINST NASSAU BROADCASTING ON 1/29/04, WITH THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, EEOC CHARGE NO. 170-2004-00633. MS. GANGAWARES CLAIM WAS THAT NASSAU BROADCASTINGS GENERAL MANAGER DISCRIMINATED AGAINST HER, BASED ON SEX AND AGE, WHEN MAKING DECISIONS ABOUT WHAT CLIENT ACCOUNTS SHE WAS GIVEN. THE CASE WENT TO MEDIATION AND A SETTLEMENT WAS IMMEDIATELY REACHED. THE CASE WAS CLOSED ON 4/28/04.


Attachment 1


Attachment 2
Description
2004 Public File Report
2005 Public File Report Part 1
2005 Public File Report Part 2
2005 Public File Report Part 3


Exhibit 3
Description:
NARRATIVE

PURSUANT TO A COMMISSION STAFF REQUEST, NASSAU BROADCASTING II, L.L.C. (NASSAU) IS HEREBY SUBMITTING A REVISED EEO REPORT FOR THIS STATION. THE FCC STAFF REQUESTED THAT THE ORIGINAL STATION REPORT (FILE NO. 20060130ASV) BE RESUBMITTED BOTH TO REFLECT A SEPARATE FILING FOR EACH CALL SIGN AND TO REFLECT A BREAKDOWN OF EMPLOYMENT INFORMATION BY ARBTIRON MARKET.   SINCE THE INSTANT REPORT IS A RESUBMISSION OF ITS BIENNIAL REPORT, NASSAU HAS NOT SUBMITTED A FEE WITH THIS FILING.

NASSAU HAS SOUGHT TO PROVIDE BROAD AND INCLUSIVE OUTREACH BY RECRUITMENT FOR FULL TIME POSITIONS, NOTIFICATION TO COMMUNITY GROUPS, AND OUTREACH TO THE COMMUNITY.

NASSAU HAS ADVERTISED AVAILABLE POSITIONS ON THE NEW JERSEY BROADCASTERS ASSOCIATION WEB SITE. NASSAU HAS ALSO ADVERTISED ITS EMPLOYMENT VACANCIES OVER ITS RADIO STATIONS AND ITS OWN WEB SITE.

NASSAU MAINTAINS LISTS OF LOCAL AND REGIONAL ORGANIZATIONS INCLUDING TWO-YEAR, FOUR-YEAR, AND TECHNICAL COLLEGES; ETHNIC ORGANIZATIONS SUCH AS MERCER COUNTY HISPANIC ASSOCIATION, AND WOMEN'S CENTER FOR EDUCATION & CAREER ADVANCEMENT, THAT HAVE EITHER REQUESTED NOTIFICATION OF JOB OPENINGS OR HAVE BEEN IDENTIFIED BY NASSAU AS ORGANIZATIONS THAT CAN ASSIST NASSAU REACH A WIDE VARIETY OF APPLICANTS. IT IS NASSAU'S POLICY THAT THOSE ORGANIZATIONS ARE ALL CONTACTED WHEN NASSAU HAS JOB OPENINGS.

NASSAU HAS PARTICIPATED IN NUMEROUS OUTREACH EVENTS AS REQUIRED UNDER THE COMMISSION'S RULES. NASSAU HOSTED A CAREER FAIR ON 1/20/05. 47 C.F.R. SECTION 73.2080(C)(2)(II). NASSAU ALSO PARTICIPATED IN FOUR JOB FAIRS WHERE STATION PERSONNEL WITH SUBSTANTIAL RESPONSIBILITY IN HIRING ATTENDED: CO-HOSTED JOB FAIRS ON 4/14/04; 5/12/04; 1/24/05; AND 9/19/05 WITH THE BUCKS COUNTY COURIER TIMES NEWSPAPER. 47 C.F.R. SECTION 73.2080(C)(2)(I). IN 2005, NASSAU AWARDED TWO $2,500 SCHOLARSHIPS TO TWO STUDENTS TOWARD THEIR EDUCATION IN BROADCASTING, WHICH REPRESENTED A SPLIT OF THE ANNUAL $5,000 AWARD IN THE FORM OF THE MICHAEL LIBRETTI SCHOLARSHIP, A FUND ESTABLISHED TO HONOR THE MEMORY OF NASSAU'S LONGTIME CHIEF FINANCIAL OFFICER BY ASSISTING YOUNG TALENT INTERESTED IN A BROADCASTING CAREER. NASSAU ALSO AWARDED $2,000 TO ANOTHER STUDENT FOR HER EDUCATION IN BROADCASTING. 47 C.F.R. SECTION 73.2080(C)(2)(VII). NASSAU PARTICIPATED IN AT LEAST FOUR EVENTS SPONSORED BY EDUCATIONAL INSTITUTIONS, INCLUDING AN INTRODUCTION TO RADIO LECTURE AT MERCER COLLEGE, A CAREER DAY AT BRACKMAN MIDDLE SCHOOL, BARNEGAT, NEW JERSEY; A CAREER FAIR AT BARNEGAT NEW JERSEY HIGH SCHOOL, AND A MANAGEMENT CLASS AT MERCER COUNTY COMMUNITY COLLEGE, WEST WINDSOR, NEW JERSEY.

Attachment 3