THE STATION WAS THE SUBJECT OF A MEMORANDUM OPINION & ORDER AND NOTICE OF APPARENT LIABILITY FOR FORFEITURE (NAL/ACCT. NO. MB-200841410010), FCC 08-206 (REL DEC. 30, 2008), IN WHICH THE COMMISSION ALLEGED THAT LICENSEE HAD FAILED TO COMPLY WITH THE COMMISSION'S EEO RULES. AS ATTESTED TO IN LICENSEE'S REQUEST FOR CANCELLATION OF FORFEITURE SUBMITTED TO THE COMMISSION ON JANUARY 26, 2009, HOWEVER, THE STATION DID NOT VIOLATE ANY OF THE FCC'S EEO RULES BECAUSE THE STATION EMPLOYMENT UNIT NEVER EMPLOYED FIVE OR MORE FULL-TIME EMPLOYEES. THE ALLEGED VIOLATIONS SHOULD THEREFORE NOT BE HELD AGAINST THE LICENSEE OR THE STATION IN THE EVALUATION OF THIS RENEWAL APPLICATION.