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 - 20050401BKU
Section I
Legal Name of the Licensee
FOX TELEVISION STATIONS, INC.
Mailing Address
5151 WISCONSIN AVE., NW
C/O MOLLY PAUKER
City
WASHINGTON
State or Country (if foreign address)
DC
Zip Code
20016 -
Telephone Number (include area code)
2028953088
E-Mail Address (if available)
MOLLYP@FOXTV.COM
  Facility ID Number
12521
Call Sign
WHBQ-TV
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)
WHBQ-TV 12521 AM FM TV
MEMPHIS, TN Yes No


CONTACT PERSON IF OTHER THAN LICENSEE
Name
MOLLY PAUKER
Street Address
5151 WISCONSIN AVE., NW
City
WASHINGTON
State
DC
Zip Code
20016-
Telephone Number
2028953088

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
MOLLY PAUKER
Title
VICE PRESIDENT
Telephone No. ( include area code)
2028953088
Date
04/11/2005
 



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: ROBERTA HUDSON Title: HUMAN RESOURCES DIRECTOR

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 CASES

ON OCTOBER 10, 1997 RHONDA MOORE FILED A LAWSUIT ALLEGING THAT RACE AND SEX DISCRIMINATION RESULTED IN HER BEING PASSED OVER FOR A WEEKEND SPORTS ANCHOR POSITION AND BEING GIVEN UNEQUAL FILL-IN ANCHOR OPPORTUNITIES. WHBQ'S MOTION FOR SUMMARY JUDGEMENT WAS GRANTED IN SEPTEMBER 1999. MS. MOORE APPEALED, AND WHBQ'S SUMMARY JUDGEMENT WAS AFFIRMED BY THE COURT OF APPEALS ON JUNE 22, 2001.

ON FEBRUARY 2, 2000 HERMAN HALL BROUGHT A CLAIM OF RACE AND SEX DISCRIMINATION BEFORE THE EQUAL EMPLOYMENT OPPORTUNITIES COMMISSION ('EEOC'), ALLEGING THAT HE WAS HELD TO DIFFERENT STANDARDS OF PERFORMANCE AND WRONGFULLY TERMINATED. ON MARCH 1, 2001, FOLLOWING MEDIATION, THE EEOC DETERMINED THAT THERE WAS NO EVIDENCE TO SUPPORT MR. HALL'S CLAIM.

ON MARCH 25, 2001 MARGARET SIEGENTHALER BROUGHT A CLAIM OF DISCRIMINATION BASED ON SEX AGAINST WHBQ BEFORE THE EEOC, ALLEGING THAT SHE WAS PASSED OVER FOR A TAPE EDITOR/PHOTOGRAPHER ON ACCOUNT OF HER SEX. ON JULY 19, 2001, FOLLOWING MEDIATION BEFORE THE EEOC, THE PARTIES REACHED AN AGREEMENT WHEREBY WHBQ WOULD REVIEW MS. SIEGENTHALER'S RESUME TAPE AND CRITIQUE IT FOR HER.

ON AUGUST 28, 2003 DAMOND ROKER BROUGHT A CLAIM OF DISCRIMINATION BASED ON RACE AND NATIONAL ORIGIN BEFORE THE EEOC, ALLEGING A HOSTILE WORK ENVIRONMENT, THAT WHBQ HELD HIM TO DIFFERENT STANDARDS OF PERFORMANCE AND THAT HE WAS TREATED WITH RACIAL DISCRIMINATION BY CO-WORKERS AND MANAGERS. FOLLOWING MEDIATION BEFORE THE EEOC, THE PARTIES REACHED A SETTLEMENT WHEREBY MR. ROKER WOULD RESIGN AND RELEASE THE STATION FROM ALL CLAIMS.

Attachment 1


Exhibit 2
Description:
EEO PUBLIC FILE REPORTS

SEE ATTACHMENTS

Attachment 2
Description
2003 eeo public file report
2004 eeo public file report


Exhibit 3
Description:
OUTREACH

APART FROM CIRCULATING OPEN POSITION LISTINGS TO A WIDE VARIETY OF ORGANIZATIONS REPRESENTING MINORITIES AND WOMEN, WHBQ PARTICIPATED IN JOB FAIRS, INCLUDING THE IRTS MINORITY CAREER FAIR ON MARCH 26, 2004, THE COLUMBIA UNIVERSITY GRADUATE SCHOOL OF JOURNALISM JOB OPPORTUNITY CONFERENCE ON APRIL 17, 2004 AND JOB MARKET 2005 AT FREED-HARDEMAN UNIVERSITY. WHBQ ALSO PARTICIPATED IN CONVENTIONS, INCLUDING THE NAHJ NATIONAL CONVENTION, JUNE 26-28, 2003, THE NABJ NATIONAL CONVENTION, AUGUST 6-8, 2003, AND UNITY - JOURNALISTS OF COLOR CAREER EXPO, AUGUST 4-7, 2004. THE STATION MAINTAINS AN ACTIVE, YEAR-ROUND INTERNSHIP PROGRAM FOR JUNIOR AND SENIOR YEAR COLLEGE STUDENTS IN CONNECTION WITH THE KAISER MEDIA FOUNDATION INTERNSHIP PROGRAM AND ALSO WORKED WITH STUDENT INTERNS BETWEEN JUNE 1 AND JULY 30, 2004 IN CONNECTION WITH THE CITY OF MEMPHIS YOUTH INITIATIVE PROGRAM. WHBQ PARTICIPATES IN THE SCHOLARSHIP PROGRAM OF THE EMMA L. BOWEN FOUNDATION FOR MINORITY INTERESTS IN MEDIA, INC. IN 2004 WHBQ STAFF MENTORED STUDENTS IN CONNECTION WITH THE WESTWOOD HIGH SCHOOL PRINCIPAL FOR A DAY PROGRAM AND THE BOYS AND GIRLS CLUBS OF MEMPHIS JOB SHADOWING PROGRAM. THE STATION ALSO SPONSORS ON-THE-JOB TRAINING FOR ITS CURRENT EMPLOYEES, AS WELL AS ALLOWING THEM TO PARTICIPATE IN A VARIETY OF SEMINARS AND WORKSHOPS SPONSORED BY THIRD PARTIES, INCLUDING THE NATIONAL ASSOCIATION OF MINORITY MEDIA EXECUTIVES.

Attachment 3