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 - 20060802ALM
Section I
Legal Name of the Licensee
KQED, INC.
Mailing Address
2601 MARIPOSA ST.
City
SAN FRANCISCO
State or Country (if foreign address)
CA
Zip Code
94110 - 1426
Telephone Number (include area code)
4155532337
E-Mail Address (if available)
ASTAEBLE@KQED.ORG
  Facility ID Number
35501
Call Sign
KQED
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)
KQED 35500 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)
KQED-FM 35501 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)
KQEI-FM 20791 AM FM TV
NORTH HIGHLANDS, CA Yes No


CONTACT PERSON IF OTHER THAN LICENSEE
Name
ABBY STAEBLE
Street Address
2601 MARIPOSA ST.
City
SAN FRANCISCO
State
CA
Zip Code
94110-1426
Telephone Number
4155532337

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
MARGARET BERRY
Title
GENERAL COUNSEL AND CORPORATE SECRETARY
Telephone No. ( include area code)
4155532205
Date
07/28/2006
 



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: JOANNE CARDER Title: VICE PRESIDENT HUMAN RESOURCES AND LABOR RELATIONS

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

1. ON JULY 6, 1999, ALLISON LEISTEN, A FORMER UNION EMPLOYEE OF KQED, INC. WHO WAS LAID OFF IN 1992 AND WHOSE RECALL RIGHTS WERE TERMINATED IN AUGUST 1997, FILED A LAWSUIT IN PRO PER AGAINST KQED AND FOUR PRESENT AND FORMER MANAGERIAL EMPLOYEES OF KQED IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, CASE NO. C99-3261 SBA(THE FEDERAL COURT ACTION). IN HER LAWSUIT, PLAINTIFF ALLEGED NUMEROUS CLAIMS AGAINST KQED AND THE INDIVIDUAL DEFENDANTS, INCLUDING BUT NOT LIMITED TO DISCRIMINATION, RETALIATION, AND HARASSMENT ON THE BASIS OF HER DISABILITY, GENDER, RELIGION, AND PERCEIVED RACE. THE COURT GRANTED DEFENDANTS' MOTION TO DISMISS THE MAJORITY OF PLAINTIFF'S CLAIMS BASED ON THE STATUTE OF LIMITATIONS, SO THAT THE LAWSUIT WAS EFFECTIVELY LIMITED TO ISSUES RELATING TO THE TERMINATION OF PLAINTIFF'S RECALL RIGHTS IN 1997. WHILE THE LAWSUIT WAS PENDING, PLAINTIFF'S UNION PREVAILED ON A GRIEVANCE ALLEGING THAT THE TERMINATION OF PLAINTIFF'S RECALL RIGHTS VIOLATED THE COLLECTIVE BARGAINING AGREEMENT. IN NOVEMBER 2001, KQED REACHED AN AGREEMENT WITH PLAINTIFF, WHO WAS THEN REPRESENTED BY COUNSEL, AND HER UNION SETTLING THE CLAIMS RAISED IN BOTH THE GRIEVANCE PROCEEDING AND THE LAWSUIT. AS PART OF THE SETTLEMENT, PLAINTIFF WAIVED ALL RIGHTS TO REINSTATEMENT. THE SETTLEMENT DID NOT CONTAIN AN ADMISSION OF WRONGDOING BY KQED. THE COURT DISMISSED THE LAWSUIT.

2. ON MAY 10, 2005, KATHERINE YAMAMOTO, A CURRENT EMPLOYEE OF KQED, INC., DUAL-FILED A COMPLAINT AGAINST KQED, INC. WITH THE CALIFORNIA DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING ('DFEH') (DFEH #E200405 A-13560-FRE) AND THE U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION ('EEOC') (EEOC #37AA504343). SUBSEQUENTLY, THE DFEH AND EEOC ISSUED NOTICES OF RIGHT TO SUE AND CASE CLOSURES WITHOUT ISSUING A FINDING ON THE MERITS. ON APRIL 11, 2006, KATHERINE YAMAMOTO FILED A COMPLAINT WITH THE SAN FRANCISCO COUNTY SUPERIOR COURT AGAINST KQED, INC. AND A CURRENT VICE PRESIDENT, SERVED ON KQED, INC. ON APRIL 21, 2006 (NO. OGC-06-451105). THE COMPLAINT ALLEGES RETALIATION FOR AND INTERFERENCE WITH EXERCISE OF RIGHTS UNDER THE CALIFORNIA FAMILY RIGHTS ACT. KQED HAS FILED A RESPONSE, DENYING ALL ALLEGATIONS.


Attachment 1


Attachment 2
Description
2004-05 EEO Report
2005-06 EEO Report


Exhibit 3
Description:
KQED INC.'S OUTREACH ACTIVITIES

KQED, INC. APPLIED ITS STRONG COMMITMENT TO EQUAL EMPLOYMENT OPPORTUNITY TO ALL ASPECTS OF OUR EMPLOYMENT PRACTICES INCLUDING OUR OUTREACH EFFORTS.

IN AN EFFORT TO ATTRACT AND RECRUIT A WORKFORCE REFLECTING THE DIVERSE NATURE OF THE COMMUNITIES WE SERVE, WE PROVIDED NOTICE OF VACANCIES TO A BROAD ARRAY OF RECRUITING SOURCES. OVER THE PAST TWO YEARS, MORE THAN SIXTY EMPLOYMENT RESOURCES WERE UTILIZED. SOURCES INCLUDED THOSE REACHING A WIDE LOCAL AUDIENCE SUCH AS CRAIGSLIST, THE SAN FRANCISCO CHRONICLE, CURRENT NEWSPAPER, AND OUR OWN WEBSITE, WWW.KQED.ORG, AS WELL AS ORGANIZATIONS TARGETING WOMEN AND MINORITIES SUCH AS BAY AREA WOMEN IN FILM AND TV, THE NATIONAL ASIAN AMERICAN TELECOMMUNICATIONS ASSOCIATION/CENTER FOR ASIAN AMERICAN MEDIA, ASIAN AMERICAN JOURNALISTS ASSOCIATION, NATIONAL ASSOCIATION OF HISPANIC JOURNALISTS, NATIONAL ASSOCIATION OF BLACK JOURNALISTS, LATPRO.COM, NATIONAL DIVERSITY NEWSPAPER JOB BANK, CALIFORNIA CHICANO NEWS MEDIA ASSOCIATION, AND ACTIVE VOICE-TELEVISION RACE INITIATIVE. ALL RECRUITMENT ORGANIZATIONS REQUESTING NOTICE OF VACANCIES WERE PROVIDED WITH SUCH NOTICE.

LONGER TERM RECRUITMENT INITIATIVES INCLUDED:

--PARTICIPATION IN EVENTS SPONSORED BY ORGANIZATIONS REPRESENTING GROUPS PRESENT IN THE COMMUNITY INTERESTED IN BROADCAST EMPLOYMENT ISSUES, INCLUDING: WORKSHOPS COVERING EMPLOYMENT TOPICS PROVIDED AT THE ANNUAL NATIONAL ASSOCIATION OF BROADCASTING CONVENTIONS; FORUMS THAT DISCUSSED BROADCAST EMPLOYMENT ISSUES PROVIDED AT THE PUBLIC BROADCASTING SERVICE TECHNOLOGY CONFERENCE; A WORKSHOP AT SAN FRANCISCO STATE ON THE TOPICS OF ECONOMIC ASPECTS OF THE ELECTRONIC MEDIA, EMPLOYMENT MATTERS, HOW THE PBS SYSTEM WORKS, AND HOW KQED TV PROGRAMS ITS SCHEDULE WHICH WAS PRESENTED BY KQED'S DIRECTOR OF TV PROGRAM SCHEDULING; WORKSHOPS AT THE ASIAN AMERICAN JOURNALISTS ASSOCIATION, THE NATIONAL ASIAN AMERICAN TELECOMMUNICATIONS ASSOCIATION/CENTER FOR ASIAN AMERICAN MEDIA, THE UNIVERSITY OF CALIFORNIA, BERKELEY, AND SAN FRANCISCO STATE UNIVERSITY ON THE ISSUES OF EMPLOYMENT DIVERSITY IN BROADCASTING AND JOURNALISM FIELDS WHICH WERE PRESENTED BY KQED'S PACIFIC TIME RADIO HOST, NGUYEN QUI DUC; AND A WORKSHOP AT SAN FRANCISCO STATE UNIVERSITY FOCUSING ON THE TOPIC OF EMPLOYMENT DIVERSITY ISSUES IN THE BROADCASTING AND JOURNALISM FIELDS, PARTICULARLY WITH RESPECT TO LATINOS AND ASIANS, AT WHICH KQED'S PACIFIC TIME RADIO SENIOR PRODUCER WAS A SPEAKER.   

--ESTABLISHMENT OF TWO INTERNSHIP PROGRAMS. ONE IS AIMED AT STUDENTS AND PROVIDES INTERNSHIPS IN VARIOUS DEPARTMENTS INCLUDING TELEVISION PRODUCTION. THE OTHER IS OUR RADIO PRACTICAL TRAINING INTERNSHIP PROGRAM WHICH IS OPEN TO BOTH STUDENTS AND NON-STUDENTS. BY BECOMING INVOLVED AT KQED, INTERNS HELP SUPPORT PUBLIC RADIO AND TELEVISION, LEARN NEW SKILLS, GAIN PRACTICAL WORK EXPERIENCE, AND GIVE BACK TO THE COMMUNITY. THE INTERNSHIP PROGRAMS HELP TO BROADEN AND ENRICH INTERNS' EXPERIENCES AND TO STRENGTHEN THE RELATIONSHIP BETWEEN KQED AND UNIVERSITIES BY DEVELOPING PARTNERSHIPS WITH CAMPUS DEPARTMENTS AND ORGANIZATIONS.

--PARTICIPATION IN EVENTS AND PROGRAMS SPONSORED BY EDUCATIONAL INSTITUTIONS RELATING TO CAREER OPPORTUNITIES IN BROADCASTING. THESE INCLUDED MANAGEMENT PARTICIPATION AS PANEL SPEAKERS AND STATION TOUR GUIDES FOR MEDIA STUDENTS FROM SAN FRANCISCO STATE UNIVERSITY INTERESTED IN TELEVISION PRODUCTION AND PROGRAMMING CAREERS AND THEIR PROFESSOR; AS PANEL SPEAKER, COUNSELOR, AND RECRUITER FOR 'MARKETING YOURSELF SUCCESSFULLY' AT SAN FRANCISCO STATE UNIVERSITY'S MEDIA CAREER SYMPOSIUM; AS SPEAKERS AT MEDIA, COMMUNICATIONS, AND JOURNALISM CLASSES AS WELL AS AT SYMPOSIUMS AT STANFORD UNIVERSITY, SANTA CLARA UNIVERSITY, SAN FRANCISCO CITY COLLEGE, UNIVERSITY OF CALIFORNIA, BERKELEY, FRESNO STATE UNIVERSITY, AND POMONA COLLEGE; AS A PANEL SPEAKER FOR 'THE LIFE' AT UC BERKELEY'S GRADUATE SCHOOL OF JOURNALISM IN ORDER TO ADVISE STUDENTS ABOUT JOB PROSPECTS IN THE FIELD OF JOURNALISM; AND AS A PANEL SPEAKER AT POMONA COLLEGE FOCUSING ON THE TOPIC OF 'BROADCAST ETHICS AND THE ART OF RADIO' FOR A GROUP OF STUDENTS AND ALUMNI INTERESTED IN CAREERS IN JOURNALISM.

--MANDATORY ON-SITE TRAINING SESSIONS FOR MANAGEMENT COVERING METHODS FOR ENSURING EQUAL EMPLOYMENT OPPORTUNITY AND PREVENTING DISCRIMINATION ARE LED BY AN ATTORNEY SPECIALIZING IN EMPLOYMENT LAW. OTHER SESSIONS ON DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY LED BY THE SAME ATTORNEY ARE OPEN TO ALL STAFF AND ATTENDANCE IS STRONGLY ENCOURAGED.

ALL EMPLOYEES ARE PERIODICALLY PROVIDED WITH COPIES OF KQED'S EQUAL EMPLOYMENT OPPORTUNITY POLICY SETTING FORTH OUR COMMITMENT TO RECRUIT, HIRE AND PROMOTE FOR ALL JOB CLASSIFICATIONS ON THE BASIS OF STANDARDS THAT DO NOT DISCRIMINATE WITH REGARD TO RACE, COLOR, CREED, RELIGION, SEX, MARITAL STATUS, DOMESTIC PARTNER STATUS, ANCESTRY, NATIONAL ORIGIN, WEIGHT, HEIGHT, PHYSICAL OR MENTAL DISABILITY, PREGNANCY, MEDICAL CONDITION, DISABILITY, SEXUAL ORIENTATION, GENDER IDENTITY, CITIZENSHIP, VETERAN STATUS, AIDS/HIV STATUS, AGE, OR OTHER CATEGORIES DEFINED BY LAW. THIS POLICY APPLIES TO ALL PERSONNEL-RELATED POLICIES AND ACTIONS, INCLUDING RECRUITMENT, HIRING, UPGRADING, TRAINING, CLASSIFICATION, PROMOTION, DEMOTION, DISCIPLINE, TRANSFER, LAYOFF, TERMINATION, COMPENSATION AND BENEFITS. KQED ENDEAVORS TO COMPLY WITH LAWS REGARDING REASONABLE ACCOMMODATION FOR DISABLED INDIVIDUALS.

KQED'S COMMITMENT TO THIS POLICY IS EVIDENCED BY A DIVERSE WORKFORCE ABLE TO RECOGNIZE AND RESPOND TO THE WIDE RANGE OF ISSUES IMPORTANT TO THE NORTHERN CALIFORNIA'S DIVERSE COMMUNITY.



Attachment 3