With no explanation, chose the best option from "A", "B", "C" or "D". more competitive bidding position than non-minority-owned subcontractors. Adarand would control this case if the Commission’s regulations put minority job applicants in a better position than non-minority applicants. But the regulations do no such thing. Indeed, they do not even offer incentives for licensees to prefer minority over non-minority job applicants. Stations with inadequate outreach programs cannot protect themselves from enforcement actions by preferring minorities in order to meet the 50% parity goal. See In re Kelly Communications, Inc., 12 F.C.C.R. 17,868 ¶¶ 11-13 (1997). And stations with adequate outreach programs face no sanctions for failing to reach specific numerical levels of minority hiring. See In re Louisiana Broadcast Stations, 7 F.C.C.R. 1503 ¶¶ 16-19 (1992) (<HOLDING>); In re Miami Broadcast Stations, 5 F.C.C.R.

A: holding that whether attorney complied with fiduciary duty to disclose all material information was question of fact
B: holding that by failing to move for continuance defendant waived relief under rule 16g  by not making timely efforts to mitigate or eliminate the prejudice caused by the prosecutors conduct
C: holding that the defendant waived any argument on the issue by failing to oppose a motion to dismiss
D: holding that station complied with eeo rule based on its minority recruitment efforts despite failing to hire any minorities
D.