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 - 20040202AZU
Section I
Legal Name of the Licensee
ABG ARKANSAS, LLC
Mailing Address
1513 EAST CLEVELAND AVENUE
BUILDING 100-B, SUITE 250
City
EAST POINT
State or Country (if foreign address)
GA
Zip Code
30344 -
Telephone Number (include area code)
4047629942
E-Mail Address (if available)
AVICENTE@ARCHWAYBROADCASTING.COM
  Facility ID Number
40746
Call Sign
KHTE-FM
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)
KHTE-FM 40746 AM FM TV
ENGLAND, AR Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KKZR 39751 AM FM TV
BRYANT, AR Yes No

Call Sign
Facility ID Number
Type
(check applicable box)
Location
(City/State)
Time Brokerage Agreement
(check applicable box)
KLEC-FM 38392 AM FM TV
LONOKE, AR Yes No


CONTACT PERSON IF OTHER THAN LICENSEE
Name
LAWRENCE M. MILLER
Street Address
1350 CONNECTICUT AVENUE, N.W.
SUITE 300
City
WASHINGTON
State
DC
Zip Code
20036-
Telephone Number
2028331700

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
ALCIDES PINA VICENTE
Title
PRESIDENT
Telephone No. ( include area code)
4047629942
Date
02/02/2004
 



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: PAUL MASSEY Title: GENERAL 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 2
Description:
EEO PUBLIC FILE REPORT

SINCE THE FCC'S CURRENT EQUAL EMPLOYMENT OPPORTUNITY RULES BECAME EFFECTIVE ON MARCH 10, 2003, THE LICENSEE HAS FILLED 30 JOBS AT ITS THREE STATIONS IN THE LITTLE ROCK, ARKANSAS MARKET. THE POSITIONS THAT WERE FILLED ARE AS FOLLOWS:

VICE-PRESIDENT OF SALES
TRAFFIC DIRECTOR
NTR DIRECTOR
BUSINESS MANAGER
CHIEF ENGINEER
PROGRAM DIRECTOR/KHTE
MORNING ANNOUNCER/KLEC
SALES ASSISTANT
DIRECTOR OF FIRST IMPRESSIONS (3)
ACCOUNT EXECUTIVES (16)
PRODUCTION DIRECTOR
EVENING ANNOUNCER/KKZR
OVERNIGHT ANNOUNCER/KKZR

THE RECRUITMENT SOURCES USED TO FILL THESE POSITIONS WERE:

ARKANSAS DEMOCRAT GAZETTE
ALLACCESS.COM (MAJOR RADIO INDUSTRY WEBSITE)
KHTE 96.5 FM(ON-AIR RECRUITMENT SPOTS PLUS THE STATIONS WEBSITE)
KKZR 93.3 FM(ON-AIR RECRUITMENT SPOTS PLUS THE STATIONS WEBSITE)
KLEC 106.3 FM(ON-AIR RECRUITMENT SPOTS PLUS THE STATIONSS WEBSITE)
ARCHWAY BROADCASTING CAREER NIGHT
EEO MINORITY REFERRAL SOURCE LIST (COPY ATTACHED)
EMPLOYEE REFERRALS

ATTACHED ARE THE EEO REPORTS/2003 WHICH DETAIL THE FOLLOWING INFORMATION REGARDING EACH OF THESE 30 JOB VACANCIES:

1)JOB TITLE
2)RECRUITMENT DATES
3)RECRUITMENT SOURCES
4)TOTAL # OF INTERVIEWS FROM EACH SOURCE
5)SOURCE NAME, ADDRESS, CONTACT, AND TELEPHONE NUMBER FOR EACH RECRUITMENT SOURCE.
6)RECRUITMENT SOURCE FOR PERSON HIRED
7)TOTAL NUMBER OF INTERVIEWEES FROM RECRUITMENT SOURCES
8)TOTAL NUMBER OF INTERVIEWEES
9)NAME OF THE PERSON HIRED
THERE WERE THREE POSITIONS OF THESE 30 FOR WHICH THE LICENSEE DID NOT RECRUIT WIDELY. FIRST, THE GENERAL MANAGER HAD BEGUN DISCUSSIONS WITH THE VP OF SALES HIRE ABOUT COMING TO THE STATIONS PRIOR TO THE EFFECTIVE DATE OF THE NEW EEO RULES. THAT PERSON WAS AT THE TIME SUBJECT TO A NON-COMPETE AGREEMENT WITH ANOTHER BROADCASTER AND SO DID NOT START HIS NEW EMPLOYMENT UNTIL JUNE 2003.

SECOND, THE CHIEF ENGINEER HIRE RESULTED FROM AN EXCEPTIONAL SITUATION. THERE ARE ONLY THREE QUALIFIED ENGINEERS IN THE MARKET, ALL EMPLOYED. THE LICENSEE HAD BEEN SPLITTING ITS ENGINEER WITH ANOTHER BROADCAST GROUP, WHICH OFFERED HIM FULL-TIME EMPLOYMENT THAT HE ACCEPTED. AT THE TIME HE LEFT ABGS EMPLOY, TWO OF THE PROPERTIES WERE EXPERIENCING ACUTE PROBLEMS (LATER DIAGNOSED AND CORRECTED BY THE NEW HIRE). THE LICENSEE HAD A PRESSING NEED FOR A NEW ENGINEER. A STAFF MEMBER KNEW OF AN ASSISTANT ENGINEER AT ANOTHER MARKET STATION WHO WAS LOOKING TO ADVANCE TO A CHIEF ENGINEER POSITION. THE LICENSEE KNEW FOR A FACT THAT NOBODY ELSE WITH THE APPROPRIATE QUALIFICATIONS LIVED IN THE MARKET, AND THERE WAS LITERALLY NO TIME TO CONDUCT A REGIONAL OR NATIONAL SEARCH IN VIEW OF THE PROBLEMS THE STATIONS WERE EXPERIENCING.

THIRD, THE TRAFFIC DIRECTOR WAS ALSO HIRED IN AN EMERGENCY SITUATION. THE FORMER TRAFFIC DIRECTOR WAS TERMINATED BECAUSE OF SERIOUS PERFORMANCE ISSUES, AND NOBODY ON THE STAFF WAS TRAINED TO ASSUME HER DUTIES. THIS IS A CRITICAL POSITION, ESSENTIAL TO COMMERCIAL ADVERTISING AND REVENUES. A STAFF MEMBER IMMEDIATELY REFERRED A PERFECT CANDIDATE WAS JUST THE NEEDED EXPERIENCE IN THE POSITION AT ANOTHER STATION. THE DELAY OF AT LEAST TWO TO FOUR WEEKS TO RECRUIT NORMALLY, WITH NO COMMERCIALS BEING ENTERED ON THE LOG AND THE ASSOCIATED TASKS NOT BEING PERFORMED WOULD HAVE JEOPARDIZED THE FINANCIAL STABILITY OF THE STATIONS.

THE LICENSEE, WHOSE PRESIDENT AND PRINCIPAL INDIVIDUAL OWNER IS AFRICAN-AMERICAN, IS WELL AWARE OF THE NEED TO RECRUIT ACTIVELY FOR EVERY POSITION ABSENT TRULY EXCEPTIONAL CIRCUMSTANCES. IT HAS DESIGNED A THOROUGH SYSTEM FOR SUCH RECRUITMENT. IT ACTIVELY RECRUITED FOR 90% OF THE VACANCIES. IT DOES NOT CONTEMPLATE ANY FURTHER HIRES WITHOUT FULL RECRUITMENT. THE LICENSEE PERIODICALLY UPDATES ITS EEO MINORITY REFERRAL NOTICE LIST OF 16 ENTITIES (AREA COLLEGES, NAACP, ARKANSAS BROADCASTERS ASSOCIATION, AARP SENIOR EMPLOYMENT PROGRAM, EMPLOYMENT SECURITY DIVISION, NATIONAL BLACK MEDIA COALITION, ARKANSAS WORKFORCE CENTERS, ETC.). A COPY OF THAT LIST FOLLOWS. AN EEO MINORITY REFERRAL NOTICE IS FAXED TO EACH ENTITY ON THE LIST, CLEARLY STATING THE OPEN POSITION AND THE OPENING DATE OF THE POSITION, AND INCLUDING A JOB DESCRIPTION.   RECORDS ARE KEPT OF WHEN THE NOTICE WAS FAXED TO THE ENTITY AND WHEN THE FOLLOW-UP PHONE CALL WAS MADE TO VERIFY RECEIPT OF THE NOTICE, NOTING TO WHOM THE LICENSEES REPRESENTATIVE SPOKE AND THE RESULT OF THE PHONE CALL.



Attachment 2
Description
EEO REPORT/2003


Exhibit 3
Description:
NARRATIVE STATEMENT

THE LICENSEE HAS STRIVED TO ACHIEVE BROAD AND INCLUSIVE OUTREACH LARGELY THROUGH ADVERTISEMENTS IN THE MAJOR DAILY NEWSPAPER, THE ARKANSAS DEMOCRAT GAZETTE, THAT HAS BROAD REACH IN THE LITTLE ROCK METROPOLITAN AREA; ON-AIR ANNOUNCEMENTS OF OPENINGS REACHING THE METROPOLITAN AREA COMMUNITIES; AND JOB POSTINGS ON THE INTERNET SITE ALLACCESS.COM, AS WELL AS THE STATION WEBSITES.

THE REFERRAL SOURCES ON OUR EEO REFERRAL LIST HAVE NOT BEEN PRODUCTIVE, EVEN THOUGH THEY INCLUDE MAJOR AREA HUMAN RELATIONS ORGANIZATIONS, AND EVEN THOUGH WE CALL THEM AND VERIFY RECEIPT OF OUR NOTICES AND ASK THEM PERSONALLY IF THEY HAVE ANYONE THEY MAY REFER. THE NEWSPAPER ADVERTISEMENTS AND THE ANNOUNCEMENTS ON KHTE HAVE PRODUCED THE GREATEST NUMBERS OF MINORITY APPLICANTS. THE ANNOUNCEMENTS ON ALL OF THE STATIONS AND THE NEWSPAPER ADVERTISEMENTS HAVE RESULTED IN A MUCH BETTER RESPONSE FROM FEMALES. THE LICENSEE HAS RECENTLY BEGUN AIRING ANNOUNCEMENTS INVITING ORGANIZATIONS TO CONTACT IT TO GET ON THE RECRUITMENT REFERRAL LIST FOR NOTIFICATION WHEN OPENINGS OCCUR. HOWEVER, THERE HAVE BEEN AMPLE NUMBERS OF FEMALE APPLICANTS AND MINORITY GROUP APPLICANTS, WHICH HAVE LED TO VERY SUBSTANTIAL NUMBERS OF MINORITY AND FEMALE HIRES.

THE LICENSEE HAS CONDUCTED TWO CAREER NIGHTS AT ITS FACILITY SINCE THE NEW EEO RULES TOOK EFFECT, ON AUGUST 27 AND DECEMBER 10, 2003. PROMOTIONAL ANNOUNCEMENTS WERE AIRED ON ALL THREE RADIO STATIONS FOR TEN DAYS LEADING UP TO EACH OF THESE EVENTS, INFORMING LISTENERS THAT ANYONE WITH AN INTEREST IN A CAREER IN RADIO COULD COME OUT TO THE CAREER NIGHT AND A REPRESENTATIVE FROM EACH DEPARTMENT (SALES, PROGRAMMING, ADMINISTRATIVE, PRODUCTION, PROMOTIONS, NTR, AND TRAFFIC) WOULD BE ON HAND TO TAKE APPLICATIONS AND ANSWER ANY QUESTIONS ABOUT THE FUNCTIONS OF THAT PARTICULAR DEPARTMENT. APPROXIMATELY 25 PEOPLE CAME OUT TO THE AUGUST CAREER NIGHT AND 15 TO THE DECEMBER CAREER NIGHT. THE ONLY JOB VACANCIES THAT THE STATIONS HAD AT THE TIMES OF THE CAREER NIGHTS WERE SALES POSITIONS. ALL OF THE APPLICATIONS HAVE BEEN RETAINED IN THE FILES FOR FUTURE OPENINGS IN THE OTHER DEPARTMENTS. THE LICENSEE PLANS TO CONDUCT TWO CAREER NIGHTS AT ITS FACILITY DURING 2004, ONE IN THE SPRING AND ONE IN THE FALL. ALSO, THE LICENSEE HAS ALREADY SIGNED UP FOR TWO AREA COLLEGE JOB FAIRS FOR THIS YEAR.

Attachment 3
Description
MINORITY REFERRAL NOTICE