FCC Web Documents citing 73.7002

as compiled by hallikainen.com/FccRules on 2012 07 01

• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1245A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1245A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-01-1245A1.txt
  • 4, 2001. Also remaining unchanged are the dates set by the Commission in paragraph 31 of the Memorandum Opinion and Order in this proceeding for comparing technical proposals. Application of NCE � 307(b) Criteria: In cases where mutually exclusive NCE applications specify different communities, the Commission must first consider whether to award a decisive � 307(b) preference. 47 C.F.R. � 73.7002(b); Report and Order, MM Docket 95-31, 15 FCC Rcd 7386, 7397-98 (2000). An NCE applicant will be eligible for the preference if it will provide a first or second NCE aural service (in the aggregate) to 10 percent of the people within the proposed station's 60 dBu contour, provided that the number of people receiving such service is at least
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4009A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4009A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-04-4009A1.txt
  • Date 40,000 40,000 First Service - Snap-shot Date 12,000 4,000 Second Service - Snap-shot Date 5,000 500 Total Population within Service Contour - Current Date 30,000 50,000 First Service - Current Date 500 4,500 Second Service - Current Date 8,000 400 Analysis: Neither applicant should file an amendment. Both C and D would receive a ``fair distribution'' preference under Section 73.7002 using the snap-shot date information. C would receive a decisive preference for first service because it would provide a first service to at least 5,000 people more than D (12,000 - 4,000 = 8,000). As a result of this decisive first service preference, no second service analysis would be undertaken. Subsequent changes in overall population coverage or in population receiving
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1587A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1587A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1587A1.txt
  • a construction permit (File No. BPED-19971112MA) for a new NCE FM station in Valparaiso, Indiana. Petitions to Deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1588A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1588A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1588A1.txt
  • construction permit (File No. BPED-19970612ME) for a new NCE FM station in Jacksonville, North Carolina. Petitions to Deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1589A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1589A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1589A1.txt
  • the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau In this instance, one of the applications is for a permit to construct a new NCE FM station at Newark, Ohio, and the other is an application to make minor changes to NCE Station WKRW-FM, Wooster, Ohio. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1674A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1674A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1674A1.txt
  • a construction permit (File No. BPED-19980122MB) for a new NCE FM station in Eastland, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1675A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1675A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1675A1.txt
  • a construction permit (File No. BPED-19980319MP) for a new NCE FM station in Cascade, Iowa. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1677A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1677A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1677A1.txt
  • a construction permit (File No. BPED-19980319MI) for a new NCE FM station in Thomson, Georgia. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1678A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1678A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1678A1.txt
  • (File No. BPED-19990311MS) for a new NCE FM station in New Whiteland, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1775A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1775A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1775A1.txt
  • a construction permit (File No. BPED-19980320MD) for a new NCE FM station in Harrington, Delaware. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1860A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1860A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1860A1.txt
  • construction permit (File No. BPED-19981231MC) for a new NCE FM station in State Center, Iowa. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1861A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1861A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1861A1.txt
  • permit (File No. BNPED-20000303ABK) for a new NCE FM station in Toms River, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1862A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1862A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1862A1.txt
  • a construction permit (File No. BPED-19980513MA) for a new NCE FM station in Spotsylvania, Virginia. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1863A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1863A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1863A1.txt
  • permit (File No. BPED-19980730ME) for a new NCE FM station in Stephenville, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1864A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1864A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1864A1.txt
  • construction permit (File No. BPED-19990730ME) for a new NCE FM station in Netcong, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1865A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1865A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1865A1.txt
  • one of the applications is for a permit to construct a new NCE FM station at Paradise, California, one of the applications is for a permit to construct a new NCE FM station at Tehama, California, and the other is an application to make major changes to NCE Station KNCA(FM), Burney, California. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1866A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1866A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1866A1.txt
  • a construction permit (File No. BPED-19960924MF) for a new NCE FM station in Mart, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1867A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1867A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1867A1.txt
  • permit (File No. BPED-19970417MA) for a new NCE FM station in Athens, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1944A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1944A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1944A1.txt
  • a construction permit (File No. BNPED-20000118AER) for a new NCE FM station in Woodward, Oklahoma. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1946A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1946A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1946A1.txt
  • construction permit (File No. BPED-19971104MG) for a new NCE FM station in New Berlin, Illinois. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1967A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1967A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1967A1.txt
  • construction permit (File No. BNPED-19991214AAL) for a new NCE FM station in North Judson, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1968A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1968A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1968A1.txt
  • permit (File No. BPED-19970501MB) for a new NCE FM station in Columbus, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1970A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1970A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-1970A1.txt
  • the applications is for a permit to construct a new NCE FM station at Lake Mills, Iowa, one of the applications is for a permit to construct a new NCE FM station at Lanesboro, Minnesota, and the other is an application to make major changes to NCE Station KBDC(FM), Mason City, Iowa. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2024A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2024A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2024A1.txt
  • a construction permit (File No. BPED-19971121MA) for a new NCE FM station in Lowell, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2025A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2025A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2025A1.txt
  • permit (File No. BPED-19961203ME) for a new NCE FM station in Newport, Tennessee. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2027A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2027A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2027A1.txt
  • permit (File No. BPED-19980213ME) for a new NCE FM station in Shenandoah, Pennsylvania. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001) (``March 22 Public Notice''). Applicants were also to
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2028A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2028A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2028A1.txt
  • construction permit (File No. BPED-19990903MD) for a new NCE FM station in Baker City, Oregon. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2185A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2185A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2185A1.txt
  • the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. If no petitions to deny are filed, the instant application will be granted and the remaining members of Group 990405 will be dismissed by public notice. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • a construction permit (File No. BPED-19980213MA) for a new NCE FM station in Fredericksburg, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2187A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2187A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2187A1.txt
  • permit (File No. BPED-19980512MC) for a new NCE FM station in Riverside, Michigan. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2189A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2189A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2189A1.txt
  • a construction permit (File No. BPED-19980922MB) for a new NCE FM station in Caldwell, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-2190A1.txt
  • a construction permit (File No. BNPED-19991004AAD) for a new NCE FM station in Calhoun, Georgia. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • construction permit (File No. BPED-19990716MB) for a new NCE FM station in Bernardsville, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of the Mary V. Harris Foundation (File No. BPED-19980909MN) and grant the application of Public Radio, Inc. (File No. BPED-19980909MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • there is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Souls Harbor United Pentecostal Church (File No. BPED-19970127ME) and grant the application of WAMC (File No. BPED-19970807MM). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Shofar Broadcasting Corporation (File No. BPED-19980406MC) and grant the application of Positive Alternative Radio, Inc. (File No. BPED-19981006MK). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • Inc. (File No. BNPED-20000118ACZ). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau In this instance, three of the applications are for permits to construct new NCE FM stations at Lunenburg, Lexington, and Stow, Massachusetts, respectively, and the other is an application to make major changes to NCE Station WAVM(FM), Maynard, Massachusetts. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19980810MB) and grant the application of Cornerstone University (File No. BPED-19980814MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). Cornerstone University was formerly known as Cornerstone Baptist Educational Ministries, Inc. See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB
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  • there is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Heartland Ministries, Inc. (File No. BPED-19990505MB) and grant the application of Bishop Community Radio (File No. BNPED-20000229AAN). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19970501MZ) and grant the application of Morton Cochran County Educational Foundation (File No. BPED-19961206ME). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19970709MF) and grant the application of Bible Broadcasting Network, Inc. (File No. BPED-19970219MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Revival Christian Ministries (File No. BPED-19990119MA) and grant the application of Radio Training Network, Inc. (File No. BPED-19990420ME). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • 18 FCC Rcd 6691 (2003) (``NCE Second Report and Order''). In a Public Notice released September 30, 2003, we invited petitions for rule making to reserve vacant FM allotments for NCE use pursuant to the NCE Second Report and Order. In response to the Public Notice, we received 129 petitions for the reservation of 91 allotments. See 47 C.F.R. � 73.7002(b). See Michael S. Rice, Memorandum Opinion and Order, 16 FCC Rcd 18394 (2001) See 47 C.F.R. � 1.3. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1073 Federal Communications Commission DA 06-1073 m � � � � � � � F � � T�Ӑ � ^� � ^� �
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  • substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the other mutually exclusive application and grant the application of American Family Association (File No. BPED-19970220MB). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Gary S. Smithwick, Esq. Donald E. Martin, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the other mutually exclusive applications and grant the application of Bloomington Normal Broadcasting Corporation (File No. BPED-19990602MS). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: J. Geoffrey Bentley, Esq. Paul Brown, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19961031MA) and grant the application of Educational Radio Foundation of East Texas, Inc. (File No. BPED-19960814MD). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Joseph C. Chautin, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Missouri River Christian Broadcasting, Inc. (File No. BPED-19980126MC) and grant the application of New Life Evangelistic Center, Inc. (File No. BPED-19981020MC). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: John Midlen, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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  • 2001). The Bureau explained that it ``will not entertain partial settlements'' and that ``applicants not filing qualifying settlements must file supplements to provide information needed to compare mutually exclusive applications.'' March 22, 2001, Public Notice, 16 FCC Rcd at 6893. See Letter to Jeff Southmayd, Esq., et al., 1800B3-CNZ (March 9, 2005) (``March 9, 2005, Letter''). See 47 C.F.R. � 73.7002; see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001) (delegating authority to the Bureau to make 307(b) determinations in NCE cases). 47 U.S.C. � 307(b). See Letter to Houston Christian Broadcasters, Inc., et al., 20 FCC Rcd 12920 (MB
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  • writing. If the parties have not agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form filing deadline. By electronically submitting its short-form application, each applicant certifies its compliance with Sections 1.2105(c) and 73.7002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any applicant
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  • writing. If the parties have not agreed in principle by the short-form filing deadline, they should not include the names of parties to discussions on their applications, and they may not continue negotiations, discussions or communications with any other applicants after the short-form filing deadline. By electronically submitting its short-form application, each applicant certifies its compliance with Sections 1.2105(c) and 73.7002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any applicant
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  • The only argument unique to the April Submission is Moody's claim that it should have received a fair distribution preference over HAC although both proposed to serve the same community. The Commission's Rules (the ``Rules'') are clear that a fair distribution analysis for NCE applications is appropriate only when mutually exclusive applicants will serve different communities. See 47 C.F.R. � 73.7002(a). The April Submission, even if treated as an informal objection to the grant of HAC's application, fails to raise a prima facie case that the tentative selection of HAC is in error or that grant of HAC's application would be contrary to the public interest. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. �
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  • Application Limit for NCE FM New Station Applications in October 12 - October 19, 2007 Window, FCC 07-145 (rel. Aug. 9, 2007). See NCE R&O, 15 FCC Rcd at 7418-20 (extending commercial attribution principles to NCE applications). NCE Omnibus Order at � 60. 47 C.F.R. � 73.7003(e). 47 C.F.R. � 73.7003(f)(3). See 47 C.F.R. � 73.7003(e). See 47 C.F.R. � 73.7002. See, e.g., Baker v. FCC, 834 F.2d 181 (D.C. Cir. 1987). See NCE MO&O, 16 FCC Rcd at 5083 (�26). See Mass Media Bureau Provides Examples of Application of NCE Section 307(b) Criteria, Public Notice, 16 FCC Rcd 10892 (MMB 2001). See NCE R&O, 15 FCC Rcd at 7423; see also Form 340, Section IV; see also Instructions For FCC
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  • the tentatively selected applications. See Omnibus Order, 22 FCC Rcd at 6102; See also Bennett v. Spear, 520 U.S. 154, 177-78 (1997). The April Submission is therefore dismissed. Moreover, as discussed infra n.34, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6102; 47 C.F.R. � 73.7003(c)(1). See California Secretary of State Record for the University Foundation (Petition, Ex. 3). See File No. BPED-19880610ML (granted September 29, 1992). See Letter from Dennis Williams, FCC to University Foundation, Re: KFPR(FM) (Nov. 5, 1993) (Opposition, Ex. B). See File. No. BLED-19931123KD (granted Mar. 28, 1996). See State
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  • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7000(b)(2). CCHI's proposed service area overlapped that of its existing station, KLHT(AM), Honolulu. See Omnibus Order, 22 FCC Rcd at 6133. Specifically, MBC, CCHI, and BBN received five, three, and zero points respectively. See Petition at 2; 47 U.S.C. � 309(a)(1). See Opposition at 1 - 3; 47 C.F.R. � 73.3573(b)(3). MBC's argument for dismissal of
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  • also Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (subsequent history omitted). See 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6131. Id. at 6131, 6164; 47 C.F.R. � 73.7003(c)(1). Oregon, in a footnote, also briefly cross-references arguments from the dismissed April Submission. See Petition at 3, n.11. Those arguments do not make a prima facie case that the tentative selection of CAE was erroneous. First, Oregon claimed that it should have received a
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  • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6155 - 56. 47 C.F.R. � 73.7000. Id.; 47 C.F.R. � 73.7300(b)(1). See Deadline for Settlements and Supplements, Public Notice, 16 FCC Rcd 19892 (2001). See MIPR Point Supplement, Question (IV)(1), Exhibit E1. See Articles of Incorporation of MIPR (July 30, 1999) (filed Aug. 2, 1999 with Florida DOC) (Petition, Exhibit 1). See
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  • Media Bureau cc: Lower Cape Communications, Inc. Petition to Deny (May 2, 2007). See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6159; 47 C.F.R. � 73.7003(c)(1). Specifically, Lower Cape and UMASS had attributable interests in one and 11 radio interests, respectively. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 12, 2007 DA 07-4233 In Reply Refer To: 1800B3-IB/DEB Released: October 12, 2007 � � � � + A F 7F T w x
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  • denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). Harris's application had been dismissed as short-spaced pursuant to Section 73.509, but was reinstated in April 2002. The Omnibus Order dismissed HFC's petition for reconsideration of Harris's reinstatement, and HFC has not contested that action. See Omnibus Order, 22 FCC Rcd at 6167. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7003(b)(2). See 47 C.F.R. � 73.7003(b)(1). See Omnibus Order, 22 FCC Rcd at 6135-36. HFC and Harris received five and two points respectively. Petition at 2. Id. at 3 (citing FCC Form 340, Question II(2)(2007)). Petition at 3. Id. (citing Blue Lake Academy, Inc., 20 FCC Rcd 12066, 12068-69 (MB 2005)). Opposition at 2. Id. at
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  • (2007). See Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 3914 (MB 2008). Also pending are some singleton applications that seek various waivers. The staff will address those waiver requests separately. 47 C.F.R. � 73.3573(e)(4). 47 C.F.R. � 73.7004(d). See id at �� 73.7002 and 73.7003. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 4 = Z _H ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive application of Mineral Springs Public Radio (File No. BNPED-20071012AFV), and TO GRANT the application of Les Seraphim (File No. BNPED-20071018AOC) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 65. IT IS FURTHER ORDERED, That the Application filed by Georgia Public Telecommunications Commission (File No. BNPED-20071019BBB) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Young Harris,
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  • material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Miles College (File No. BNPED-20071012DYA), City of Tuscaloosa Alabama, (File No. BNPED-20071012AIQ), and TBTA Ministries (File No. BNPED-20071015ACT), and TO GRANT the application of Catholic Radio Network, Inc. (File No. BNPED-20071019AJH) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 5. IT IS FURTHER ORDERED, That the Application filed by Shredding the Darkness (File No. BNPED-20071022BRV) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Sylvania, Alabama. If,
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  • will serve the ``largest geographic area and population.'' The ``fair distribution'' criterion is designed to advance Section 307(b) by awarding a dispositive preference to an applicant that proposes to provide substantially greater first and/or second NCE service than any other mutually exclusive application. The Commission further ensures an equitable distribution of radio service by requiring applicants selected pursuant to Section 73.7002 to operate ``facilities substantially as proposed'' and ``not downgrade service to the area on which the preference was based'' for a ``period of four years of on-air operations'' once the Commission finalizes its 307(b) preference. Beyond these technical parameters, the Commission also expects selectees to maintain certain character qualifications including traits demonstrating candor and a ``proclivity . . . to
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  • unsupported interference allegation. Accordingly, IT IS ORDERED, That the Petition to Deny, filed on July 25, 2005, by Positive Alternative Radio, Inc. and the Informal Objection, filed on September 30, 2005, by WXXY Broadcasting, Inc. ARE DENIED. IT IS FURTHER ORDERED, That the application of Eagle's Nest Fellowship Church (File No. BPED-19980320MD) IS GRANTED CONDITIONED UPON its compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year holding period for applicants that are awarded permits based on a dispositive Section 307(b) preference. IT IS FURTHER ORDERED, That the mutually exclusive applications of Positive Alternative Radio, Inc. (File No. BPED-19980320MP), American Family Association (File No. BPED-19970915MB), and Mary V. Harris Foundation (File No. BPED-19980320MM) ARE
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  • would further the public interest, convenience, and necessity. Accordingly, IT IS FURTHER ORDERED, That the application of the State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19960417MD) for a major modification to NCE FM Station KNCA(FM), Burney, California, IS GRANTED CONDITIONED UPON its compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year holding period for applicants that are awarded permits based on a dispositive Section 307(b) preference. IT IS FURTHER ORDERED, That the mutually exclusive applications of North Valley Educational Community Radio, Inc. (File No. BPED-19950720MA) and Northern California Educational Broadcasters (File No. BPED-19960416MB) ARE DISMISSED. Sincerely, Peter H.
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  • that prohibited ``communications concerning bids and bidding strategies may include communications regarding capital calls or requests for additional funds in support of bids or bidding strategies to the extent such communications convey information concerning the bids and bidding strategies directly or indirectly.'' By electronically submitting its short-form application, each applicant in Auction 85 certified its compliance with Sections 1.2105(c) and 73.7002. However, the Bureaus caution that merely filing a certifying statement as part of an application will not outweigh specific evidence that collusive behavior has occurred, nor will it preclude the initiation of an investigation when warranted. The Commission has stated that it ``intend[s] to scrutinize carefully any instances in which bidding patterns suggest that collusion may be occurring.'' Any applicant
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  • material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Life on the Way Communications, Inc. (File No. BNPED-20071022AUR) and San Bernadino Acorn (File No. BNPED-20071022AJF) and TO GRANT the application of California State University Foundation, Long Beach (File No. BNPED-20071019ACH) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 59. Accordingly, IT IS ORDERED, That the Application filed by CSN International (File No. BNPED-20071022DXQ) is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Eustis, Florida and its application IS ACCEPTED FOR
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  • in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 3914 (MB 2008). See Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 9508 (MB 2008). 47 C.F.R. � 73.3573(e)(4). 47 C.F.R. � 73.7004(d). See id. at �� 73.7002 and 73.7003. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 > B C _H C D ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • permit). See, e.g., Delmarva Educational Association, Memorandum Opinion and Order, 19 FCC Rcd 6793, 6798 (2004). In challenging the relocation, SOU also argues that ``Airen has also ignored, and the Audio Division has disregarded, the Commission's recent re-interpretation of the `fair distribution' principles of Section 307(b) in the context of NCE stations.'' Petition at 9. SOU cites 47 C.F.R. � 73.7002(b), under which, to be credited, a first local NCE service must serve at least 2000 persons and, if a competitor also will provide a first NCE service, the winner must propose to cover at least 5000 more persons than its rivals to receive a dispositive preference. SOU is incorrect. The standards adopted to implement Section 307(b) in the context of
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  • we intend, by public notice, TO DISMISS the mutually exclusive applications of Greene/Sumter Enterprise Community (File No. BNPED-20071017AFJ), the Board of Trustees of the University of Alabama (File No. BNPED-20071018AQC), and Internation Religious and Cultural Exchange, Inc. (File No. BNPED-20071019BDM), and TO GRANT the application of Catholic Radio Network, Inc. (File No. BNPED-20071019AKZ) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 308. IT IS FURTHER ORDERED, That the Application filed by Hope Radio (File No. BNPED-20071019ASB) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in West Helena, Arkansas. If,
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  • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6111-12. CEA was eliminated because its claimed numbers appeared significantly inaccurate. Id. CPR was eliminated because it certified that it was not entitled to a preference based on first service alone. Id. at 6112. Good and Pathway were eliminated because each proposed to provide a first local service to at least 5,000 fewer
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  • James Bradshaw, Audio Division, Media Bureau, (202) 418-2700 (engineering) -FCC- See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd. 15050 (2007). Also pending are some singleton applications that seek various waivers. The staff will address those waiver requests separately. 47 C.F.R. � 73.3573(e)(4). 47 C.F.R. � 73.7004(d). See 47 C.F.R. �� 73.7002 -03. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 � _H � � ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • other applicants could make an equivalent or better showing. Accordingly, the Bureau identified Philos as the tentative selectee, and on July 20, 2006, awarded the construction permit to Philos. As with all NCE permits awarded by decisive Section 307(b) preference, the permit was issued with a special operating condition, requiring the permittee to maintain the promised service pursuant to Section 73.7002(c) of the Commission's Rules (the ``Rules''). HCB, one of the non-prevailing applicants in the group, obtained the permit from Philos by assignment on April 9, 2007. On September 7, 2007, HCB filed the instant application for minor modification, and it amended that application on March 2, 2009. HCB proposed to change the station's transmitter location, effective radiated power, and antenna
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  • grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Breath of the Spirit Ministries (File No. BNPED-20071022BQW), Immanuel Broadcasting Network (File No. BNPED-20071019ARH), and Southeast Alabama Educational Broadcasting (File No. BNPED-20071022BVR), and TO GRANT the application of B. Jordan Communications Corporation (File No. BNPED-20071019ALK) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 13. IT IS FURTHER ORDERED, That the Application filed by Board of Regents of New Mexico Highlands (File No. BNPED-20071022BBP) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
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  • and to more than 2,000 people. 47 C.F.R. � 73.7004. See n.3, supra. See id. (petitions to deny must contain adequate and specific factual allegations sufficient to warrant the relief requested). Petition at 1, 2. See Petition at Exhibit 2. Petition at 2; see also id. (only granted construction permits considered in Section 307(b) comparative analyses). See 47 C.F.R. � 73.7002(b). Federal Communications Commission Washington, D.C. 20554 October 23, 2009 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN 9�� _#p�� �h - �`9��e'���8��f�l-1���)��
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2381A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2381A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-09-2381A1.txt
    • mutually exclusive applications of Central New York Citizens in Action, Inc. (File No. BNPED-20071015ALS), State University of New York (File Nos. BNPED-20071018ADU and 20071018AJE), WAMC (File No. BNPED-20071019ATI), and Mars Hill Broadcasting Co., Inc. (File No. BNPED-20071022AKT), and TO GRANT the application of St. Anthony of Padua Roman Catholic Parish (File No. BNPED-20071022BON) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 530B. IT IS FURTHER ORDERED, That the Application filed by Duquesne University (File No. BNPED-20071019AYW) remains ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Marion Center, Pennsylvania. If,
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    • We also have before us responsive pleadings filed after the Petition. On May 5, 2009, Hampton Roads Educational Telecommunications Association (``Hampton'') filed an Opposition to Petition for Reconsideration or, in the alternative, Petition to Deny (``Opposition''). On May 18, 2009, CCR filed a Reply. See 2009 Fair Distribution MO&O, 24 FCC Rcd at 3885 (MB 2009). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
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    • petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive application of Centro Cristiano de Fe, Inc. (File No. BNPED-20071022ABD), and TO GRANT the application of Arizona Western College (File No. BNPED-20071018ABZ) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 71. IT IS FURTHER ORDERED, That the Application filed by Les Seraphim (File No. BNPED-20071018AMQ) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Lahaina, Hawaii. If, after
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    • a new noncommercial educational FM station in Chatham, New Jersey IS HEREBY DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau NJPBA filed an Opposition on September 28, 2005, and WRI filed a Reply on October 3, 2005. Additionally, on October 18, 2005, NJPBA filed a Motion to Strike WRI's Reply. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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    • question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Iowa State University of Science and Technology (File No. BNPED-20071018AHW), and Grand River Valley Radio, Inc. (File No. BNPED-20071017AGP), and TO GRANT the application of Calvary Chapel of Omaha (File No. BNPED-20071016ACH) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 80. IT IS FURTHER ORDERED, That the Application filed by Calvary Chapel of Grangeville, Inc. (File No. BNPED-20071017AEN) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Grangeville,
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    • Application was dismissed. See Broadcast Actions, Public Notice, Report No. 46984 (MB 2009). See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3880 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
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    • would not be affected by Hampton's proposal since the new station would not begin broadcasting until after WTVR-TV's analog transmission was discontinued pursuant to the DTV transition). Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 9508, 9510 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
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    • Church) See Broadcast Actions, Public Notice Report No. 47112, p.30 (Nov. 16, 2009). See Threshold Fair Distribution Analysis of 28 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 12390, 12399-12400 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • facilities substantially as proposed for a period of four years of on-air operations. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Quitman County Development Organization Blues and Gospel Heritage Association Quitman filed a Motion for Extension of Time on August 26, 2008, and an Opposition to Petition to Deny on September 3, 2008 (``Opposition''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • 2009, is DISMISSED AS MOOT. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: Christian Music Network, Inc. Home Improvement Ministries Talking Information Center, Incorporated Broadcast Actions, Public Notice, Report No. 46984 (May 13, 2009) (``Dismissal Public Notice''). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations filed in the October 2007 Filing Window (``Comparative Consideration''), Memorandum Opinion and Order, 25 FCC Rcd 1681 (2010). RFM and Fire Media Corp. both proposed to serve Moscow, Idaho, while Country proposed to serve Palouse, Washington. See 47 U.S.C. � 307(b). Id. See 47 C.F.R. � 73.7002(b). Comparative Consideration at � 76. Id. at � 77. Id. at � 172. Petition at 2. Id. at Attachment 1, Declaration of Madlyn Kinzer. Id. Id. Opposition at 1. Id. at Attachment 1. Id. Id. Id. at 2. Country states that it sought to verify that RFM's Public Inspection File included: 1) a copy of its original application and any
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    • the applicant has received tax-exempt status from the I.R.S. See, e.g., Fatima Response, Memorandum Opinion and Order, 14 FCC Rcd 18543 (1999). Application conflicts which are not resolved through settlement or pursuant to a decisive Section 307(b) analysis are compared under an NCE point system, which is a simplified ``paper hearing'' process. See 47 U.S.C. � 307(b); 47 C.F.R. �� 73.7002-73.7003. During the point system selection process the Commission staff reviews an applicant's point certifications and determines whether it qualifies for points as, inter alia, an established local applicant. See Hammock Articles of Organization at Section 2.01 (mandating that Hammock ``shall be perpetually located in Palm Coast to assure it is a locally responsive organization''). If the Application were to be
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    • evidentiary hearings that were ultimately deemed ``meaningless,'' and used selection criteria considered arbitrary and capricious. While G/S argues that as many applications as possible should be granted, the Commission has determined that awarding licenses in light of the quality, not the number, of eligible applicants best serves the public interest. Additionally, G/S argues that ``there is no language in [Section 73.7002] limiting [the selection process] to only one round of analysis.'' However, Section 73.7003 clearly lays out point system selection procedures that instruct the Commission to perform only one round of analysis. In sum, NCE MX Group 306 underwent the same examination to determine a tentative selectee as its fellow groups. The composition of NCE MX Group 306 does not differ
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    • 2410 (MB 2009). Plus Charities, 24 FCC Rcd at 2411-12. See n.6, supra (incomplete applications will be dismissed without opportunity to refile). See also 47 C.F.R. � 73.3564 (applications found not to meet minimum filing requirements will be returned). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir.
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    • Public Notice, 23 FCC Rcd 3914 (MB 2008). The Bureau included a fourth application filed by Marianna Educational Broadcasting Foundation (``MEBF'') in NCE MX Group 97. File No. BNPED-20071019AGG. The Bureau dismissed the MEBF Application on November, 12, 2008, at MEBF's request. See Broadcast Actions, Public Notice, Report No. 46864 (MB Nov. 12, 2008) at 5. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir.
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    • service to 10,045 people. Archangel Petition to Deny, Figures 1 and 2. We previously determined that Archangel and TBTA each would provide combined first and second NCE service to ten percent of the population within its 60 dBu contour and to more than 2,000 people. Fair Distribution Order, 23 FCC Rcd at 10216, n. 17. See also, 47 C.F.R. � 73.7002(b). 47 C.F.R. � 73.7002(b). Both Archangel and TBTA failed to include WMAH-FM, Biloxi, Mississippi, when they calculated the combined first and second NCE service total for the Archangel proposal. We have included WMAH-FM in our calculation. Thus, we calculated a combined service total for the Archangel proposal that is significantly lower than that calculated by either Archangel or TBTA. 47
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    • Objection on January 25, 2010. Because Allied has referenced its Informal Objection in its Petition, we will consider its merits in our discussion of the latter-filed pleading. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, 3922 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive application of Pensacola Christian College, Inc. (File No. BNPED-20071022DXT) and TO GRANT the application of Calvary Chapel of Montclair, Inc. (File No. BNPED-20071022AYI) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 311B. Accordingly, IT IS ORDERED, That Nevada City Community Broadcast Group is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Willows, California, and its application IS ACCEPTED FOR FILING, establishing a deadline
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    • Division Media Bureau cc: The Helpline Ohio East-West Cultural Bridge John Trent, Esq. See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3882 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Wailuku, Hawaii. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced Mana'o Radio application CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Rules, which sets forth a four-year period of on-air operations substantially as proposed. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau LS filed an Opposition to the Petition on February 2, 2010, to which MOR filed a Reply on February 16, 2010. See Comparative Consideration of 22 Groups of Mutually Exclusive Applications for Permits to
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    • not support their claim. Tentative Selectee Order, 24 FCC Rcd at 12401 � 35. Twelve additional applications were eliminated because they did not claim a ``first NCE service preference.'' Id. at 12401� 36. Ten additional applications were eliminated because the next best proposal of Kanu would serve at least 5,000 more people. Id. at 12401� 37. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • on February 9, 2009 (``G/S Reply''). In addition, CRN filed Comments on Petition for Reconsideration on February 9, 2009 (``CRN Comments''). G/S filed Comments Supporting Petition for Reconsideration on March 6, 2009 (``G/S Comments''). (``Dismissal Public Notice''). IRCE did not challenge this dismissal, which is now final. Thus, we omit further discussion of the IRCE Application. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • 13 (MB 2008). An NCE FM applicant is eligible to receive a Section 307(b) preference if it would provide a first or second reserved band channel NCE aural service to at least ten percent of the population (in the aggregate), within the proposed station's service area, provided that the population served is at least 2,000 people. See 47 C.F.R. � 73.7002(b). Nevada-Utah's 60 dB� contour encompasses 12,946 people. Nevada-Utah's claimed aggregated first and second NCE service is all 12,946 people within its proposed 60 dB� contour. See Nevada-Utah's Application, Questions III(1), III(2), and associated exhibits. The staff found that the proposed facilities would provide combined first and second NCE service to more than ten percent of the population within its 60
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    • See Broadcast Actions, Public Notice Report No. 46984, at 16 (May 13, 2009). See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3882 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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    • FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Evanston, Wyoming. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced UW application CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Rules, which sets forth a four-year period of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Dan J. Alpert, Esq. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008). See Threshold Fair Distribution Analysis of 32 Groups of Mutually Exclusive Applications for Permit
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    • Ordering Clause. Accordingly, the Petition to Deny by the Board of Regents of New Mexico Highlands University IS DENIED and its application for a new station at Espanola, New Mexico (File No. BNPED-20071019AFT) IS DISMISSED. The application of Cultural Energy for a new station at Ranchos de Taos, New Mexico (File No. BNPED-20071016AJM) IS GRANTED conditioned upon compliance with Section 73.7002(c), which sets forth a period of four years of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Threshold Fair Distribution Analysis of 22 Groups, Memorandum Opinion and Order, 24 FCC Rcd 14531 (MB 2009) (``Order''). Specifically, when conflicting applications propose service to different communities, the Bureau undertakes a threshold analysis pursuant to Section 307(b)
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    • for Reconsideration'' (``Reply''). HSARG filed a July 8, 2011, ``Opposition to Reply'' which we disregard and dismiss on procedural grounds. See infra. 47 C.F.R. � 1.106(p). File Nos. BNPED-20071022BQK and BNPED-20071018AQD (respectively, ``MBMC Application'' and ``HSARG Application''). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508, Attachment A (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), recon. granted in part, 16 FCC Rcd 5074 (2001), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). See 47 U.S.C.
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    • mutually exclusive applications . . . [including that of CCB]''). See Hawaii Public Radio, Inc., Letter, 25 FCC Rcd 3697 (MB 2010) (finding that dismissal of a competing application before action on a timely petition to deny against the tentative selectee was a harmless error in view of the ultimate denial of the petition to deny). See 47 C.F.R. � 73.7002(c) (requiring four years of on-air operations as proposed when a tentative selectee receives a fair distribution preference). Federal Communications Commission Washington, D.C. 20554 April 4, 2011 r s � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-665A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-665A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-665A1.txt
    • of 9 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 25 FCC Rcd 15134 (MB rel. Oct. 28, 2010) (``Tentative Selectee Order''). Specifically, the VPR Middlebury application proposed 9,336 first service; 37,410 second service. 47 U.S.C. � 307(b); see also 47 C.F.R. � 73.7002. See File No. BNPED-20071018BDO. The staff granted VPR a permit to construct this station on August 7, 2008. See Broadcast Actions, Public Notice, Report No. 46798 (rel. Aug. 12, 2008). Family has standing as a competing applicant in this mutually-exclusive NCE group. See FCC v. Sanders Brothers Radio Station, 309 U.S. 470 (1940). Petition at 4. See Declaration of Stephen
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-735A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-735A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-11-735A1.txt
    • BNPED-20071022BIY), Radio Nine Eleven, Inc. (File No. BNPED-20071015ACA), Myaamia Foundation (File No. BNPED-20071017AEQ), Educational Media Foundation (File No. BMAPED-20071019BDC), Hispanic Family Christian Network, Inc. (File No. BNPED-20071022ALU), Pearl Communications Group (File No. BNPED-20071022AXC), and Church of God of Prophecy (File No. BNPED-20071022BAF), and TO GRANT the application of Cherokee Nation (File No. BNPED-20071018ASS) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Way-FM Media Group, Inc. Christian Broadcasting Group of Mountain Home Omni Center for Peace, Justice, and Ecology Bible Broadcasting Network, Inc. Gentry Communications Network, Inc. KMZD Radio, Inc. St. Bernard's
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-287A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-287A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-12-287A1.txt
    • of facilities and DISMISSED AS MOOT with respect to additional time to construct. Accordingly, the application for modification of permit (File No. BMPED-20111031AAG) IS DISMISSED and the underlying permit (File No. BNPED-20071022BAR) expired on its own terms on August 5, 2011. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Specifically, NTC seeks waivers of 47 C.F.R. �� 73.3598(a), 73.3598(c), 73.7002(c) and 73.7005(b). Petition at 2-3. Affidavit of Jason K. Arviso, Director of Institutional Development, NTC, Appendix 1 to Petition (``Arviso Declaration''). File No. BNPED-20071022BAR. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, Attachment A (MB 2008). See 47 C.F.R. � 73.7002; 47
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    • 16,052 people. As noted above, the reservation standard is used at the allotment stage, while a Section 307(b) analysis occurs as part of the comparative process in the reserved band. All applications for an allotment specify the allotted community whereas Section 307(b) analyses are conducted in the reserved band only if applicants propose to serve different communities. 73 C.F.R. � 73.7002(b). Id. Comparative Consideration Order, 26 FCC Rcd at 7011. ASDA Opposition at 4 (citing Revision of FM Assignment Policies and Procedures, Second Report and Order, 90 FCC 2d 88, 92 (1982)). Petition at 2. To the extent that ASDA generally alleges that our processes are ``ripe for gamesmanship,'' ASDA may raise this issue in a petition for rulemaking with the
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    • TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Benton City, Washington. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced Prosser Seventh-day Adventist Church application CONDITIONED UPON its compliance with Section 73.7002(c) of the Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau NCE MX Group 443, Letter, Ref. 1800B3-ATS (MB August 26, 2011) (``Staff Decision''). PSDA filed the Petition for Reconsideration on September 30, 2011. NCEC filed an Opposition to Petition for Reconsideration (``Opposition'') on October 13, 2011. PSDA filed a Reply to Opposition to Petition for Reconsideration (``Reply'') on
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    • Petition, grant the BMW Application, and dismiss the CSN application. Background. The mutually exclusive (``MX'') applications of BMW, CSN, Central, and Merritt Island Public Radio, Inc. (``MIPR''), were among those applications designated NCE MX Group 9901XP. Pursuant to established procedures, the Commission determined that no applicant in NCE MX 9901XP was entitled to a dispositive fair distribution preference under Section 73.7002 of the Commission's Rules (``Rules''), and consequently applied the NCE point system criteria and identified MIPR as the tentative selectee. Central then filed a petition to deny MIPR's application on the ground that MIPR was not entitled to points under the local established applicant criterion. The Commission agreed.. In that Tentative Selectee Order, the Commission identified BMW as the new
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283249A1.pdf
    • Informal Objection Filed 05/28/2008 by WLNY LIMITED PARTNERSHIP RENARD COMMUNICATIONS CORP. WMBQ-CA 14322 BPTTA-20080519AAF NY FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , CALHOUN 91.3 MHZ E GA Mod of CP to chg Engineering Amendment filed 03/26/2008 Engineering Amendment filed 05/07/2008 Engineering Amendment filed 06/03/2008 Engineering Amendment filed 06/12/2008 Dismissed by letter 6/24/2008 (47 CFR Section 73.7002(c) violation) LIFETALK RADIO, INC. WCGN 106469 BMPED-20070907ACE GA Page 3 of 15 Broadcast Actions 6/27/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.46767 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-283382A1.pdf
    • 103.9 MHZ E MS Mod of CP to chg Engineering Amendment filed 06/02/2008 Informal Objection Filed 05/28/2008 by Radio Cleveland, Inc. Dismissed per applicant's request 6/27/2008 Informal Objection dismissed as moot 6/27/2008 (no letter sent) SSR COMMUNICATIONS, INC. WYAB 77646 BMPH-20080407ACM MS , SPRINGFIELD 90.9 MHZ E MI Mod of CP to chg Dismissed by letter 6/27/2008 (47 CFR Section 73.7002(c) violation) CORNERSTONE UNIVERSITY WCFG 91422 BMPED-20080514ADY MI FM STATION APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , PENNSUCO 88.3 MHZ E FL Minor change in licensed facilities. Engineering Amendment filed 08/24/2007 Dismissed by letter 6/27/2008 (47 CFR Sections 73.509 and 73.510 violations) GENESIS LICENSE SUBSIDIARY LLC WIRP 27304 BPED-20070117AFY FL Page 4 of 9 Broadcast Actions 7/2/2008 PUBLIC
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    • for Reconsideration filed 6/21/07 by (the "University") Petition for Recon dismissed 7/31/2008 per applicant's request - no letter sent WCGN 106469 LIFETALK RADIO, INC. GA CALHOUN , GA BMPED-20070907ACE 91.3 MHZ E Mod of CP to chg Engineering Amendment filed 03/26/2008 Engineering Amendment filed 05/07/2008 Engineering Amendment filed 06/03/2008 Engineering Amendment filed 06/12/2008 Dismissed by letter 6/24/2008 (47 CFR Section 73.7002(c) violation) Petition for Reconsideration Filed 07/28/2008 by LifeTalk Radio, Inc. FM TRANSLATOR APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING K220BM 12333EDUCATIONAL MEDIA FOUNDATION CO RANGELY , CO BMPFT-20080731ACZ 91.9 MHZ E Mod of CP W292DE 153096FLAGLER COUNTY BROADCASTING, LLC FL PIERSON , FL BMPFT-20080731ATX 106.3 MHZ E Mod of CP Page 9 of 11 Broadcast Applications
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    • APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 08/05/2008 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , RIVERSIDE 88.7 MHZ E MI Mod of CP to chg Dismissed by letter 8/5/2008 (47 CFR Section 73.7002(c) violation) SUPERIOR COMMUNICATIONS 980512MC 90658 BMPED-20070906AGA MI FM STATION APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , SCHOHARIE 89.9 MHZ E NY CP New Station. Informal Objection filed 12/14/2007 (Freedom) Settlement Agreement filed 7/31/08 Dismissed 8/5/2008 per Settlement Agreement - no letter sent CALVARY CHAPEL OF THE FINGER LAKES, INC. NEW 174396 BNPED-20071018AMN NY , PAGUATE 91.1 MHZ E NM Application
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    • of construction permit file number BPCDT-20080317AIJ. FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT PETITION FOR RECONSIDERATION WCGN 106469 LIFETALK RADIO, INC. GA CALHOUN , GA BMPED-20070907ACE 91.3 MHZ E Mod of CP to chg Engineering Amendment filed 03/26/2008 Engineering Amendment filed 05/07/2008 Engineering Amendment filed 06/03/2008 Engineering Amendment filed 06/12/2008 Dismissed by letter 6/24/2008 (47 CFR Section 73.7002(c) violation) Petition for Reconsideration Filed 07/28/2008 by LifeTalk Radio, Inc. Petition for Reconsideration dismissed per applicant's request 8/22/2008 (no letter sent) Page 8 of 12 Broadcast Applications 8/27/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26809 CALL LETTERSAPPLICANT AND LOCATION N
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    • CONSTRUCTION PERMIT ACCEPTED FOR FILING WMDR-FM 92341 LIGHT OF LIFE MINISTRIES INC ME OAKLAND , ME BMPED-20081107ACB 88.9 MHZ E Mod of CP to chg FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT RECEIVED 980512MC 90658 SMILE FM MI RIVERSIDE , MI BMPED-20070906AGA 88.7 MHZ E Mod of CP to chg Dismissed by letter 8/5/2008 (47 CFR Section 73.7002(c) violation) Engineering Amendment filed 09/08/2008 Engineering Amendment filed 11/06/2008 Engineering Amendment filed 11/07/2008 Page 11 of 13 Broadcast Applications 11/13/2008 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.26862 CALL LETTERSAPPLICANT AND LOCATION N A T U R E O F A
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    • AND LOCATION N A T U R E O F A P P L I C A T I O N STATEFILE NUMBER E/P FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT APPLICATION REINSTATED 980512MC 90658 SMILE FM MI RIVERSIDE , MI BMPED-20070906AGA 88.7 MHZ E Mod of CP to chg Dismissed by letter 8/5/2008 (47 CFR Section 73.7002(c) violation) Petition for Reconsideration filed 9/8/2008 Engineering Amendment filed 09/08/2008 Petition for Reconsideration granted 11/13/2008 Application reinstated nunc pro tunc 11/13/2008 Application granted 11/13/2008 (No letter sent) FM TRANSLATOR APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT ACCEPTED FOR FILING W247BI 150863RADIO ASSIST MINISTRY, INC. AL CULLMAN , AL BMPFT-20081113AFT 97.3 MHZ E Mod of CP FM BOOSTER APPLICATIONS FOR
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    • APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 11/13/2008 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , RIVERSIDE 88.7 MHZ E MI Mod of CP to chg Dismissed by letter 8/5/2008 (47 CFR Section 73.7002(c) violation) Petition for Reconsideration filed 9/8/2008 Engineering Amendment filed 09/08/2008 Petition for Reconsideration granted 11/13/2008 Application reinstated nunc pro tunc 11/13/2008 Application granted 11/13/2008 (No letter sent) SMILE FM 980512MC 90658 BMPED-20070906AGA MI , YORK 90.3 MHZ E NE Mod of CP to chg NETWORK OF GLORY, INC. KEIS 171774 BMPED-20080916ADY NE , LUMPKIN 91.5 MHZ E GA Mod of
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    • CHANGE TO A LICENSED FACILITY DISMISSED , MILLSBORO 91.7 MHZ E DE Low Power FM minor change in licensed facilities. RHYTHM AND BLUES GROUP HARMONY ASSOCIATION, INC. WRBG-LP 131943 BPL-20090430AAA DE FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , LUMPKIN 90.1 MHZ E GA Mod of CP to chg Dismissed by letter 5/7/2009 (47 CFR Section 73.7002(c) violation) TBTA MINISTRIES WXIV 169750 BMPED-20090305ACR GA FM TRANSLATOR APPLICATIONS FOR LICENSE TO COVER DISMISSED , VALDOSTA 96.1 MHZ E GA License to cover. Dismissed as Moot. No letter sent SMALLTOWN BROADCASTING, LLC W241BG 146648 BLFT-20090327AHE GA FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , STRAWBERRY 98.9 MHZ E AZ Minor change in licensed facilities, callsign
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    • E MI Construction permit for a new station for CADILLAC, MI on channel 40 ROY E. HENDERSON D/B/A NEW ULM BROADCASTING CO. NEW 181448 BNPDTL-20090825AAE MI 06/08/2010 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , COKESBURY 91.9 MHZ E SC Mod of CP to chg Engineering Amendment filed 11/04/2009 Engineering Amendment filed 12/14/2009 Section 73.7002(c) waiver request denied by letter 6/8/2010 Application dismissed by letter 6/8/2010 SPIRIT BROADCASTING GROUP, INC. WKRI 173883 BMPED-20091028AAK SC Page 2 of 20 Broadcast Actions 6/11/2010 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47255 APPLICANT AND LOCATION CALL LETTERS N A
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    • STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , NORTH HIGHLANDS 89.3 MHZ E CA Mod of CP to chg Dismissed by letter 7/21/2010 (47 CFR Sections 73.510(a) and 73.509 violations) NORTHERN CALIFORNIA PUBLIC BROADCASTING INC KQEI-FM 20791 BMPED-20100203ABU CA , CHAMBERLAIN 89.9 MHZ E SD Mod of CP to chg Dismissed by letter 7/21/2010 (47 CFR Section 73.7002(c) violation) THE PRAISE NETWORK, INC. KGRJ 172515 BMPED-20100628AAE SD AM STATION APPLICATIONS FOR TRANSFER OF CONTROL GRANTED , PANAMA CITY BEACH 1290 KHZ E FL Involuntary Transfer of Control, as amended From: MR. K. EARL DURDEN, DECEASED To: MR. MICHAEL E. DURDEN, PERSONAL REPRESENTATIVE Form 316 MAGIC BROADCASTING FLORIDA LICENSING, LLC WPCF 13012 BTC-20100611AGD FL DIGITAL CLASS A TV APPLICATIONS
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    • N FILE NUMBER STATE E/P 08/31/2010 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , PEARSALL 103.3 MHZ E TX Modification of CP BNPH-20060308AFR Engineering Amendment filed 08/04/2010 Dismissed 8/31/2010 WENDOLYNN TELLEZ KSAG 165972 BMPH-20100802BAM TX , NORTH JUDSON 91.3 MHZ E IN Mod of CP to chg Dismissed by letter 8/31/2010 (47 CFR Section 73.7002(c) violation) MOUNTAIN BIBLE FELLOWSHIP CHURCH WTMW 122012 BMPED-20100824AAC IN DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR ORIGINAL CONSTRUCTION PERMIT DISMISSED , BAKERSFIELD CHAN-40 E CA Construction permit for a new station for BAKERSFIELD, CA on channel 40 Engineering Amendment filed 12/04/2009 Engineering Amendment filed 06/25/2010 CTB SPECTRUM SERVICES, LLC NEW 182284 BNPDTL-20090825APL CA , CHAMITA CHAN-32 E NM Construction permit
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    • APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 04/22/2011 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , DENISON 89.1 MHZ E IA Mod of CP to chg Dismissed by letter 4/22/2011 (47 CFR Section 73.7002(c) violation) WESTERN IOWA TECH COMMUNITY COLLEGE KODN 171812 BMPED-20110223AAH IA DIGITAL TRANSLATOR OR DIGITAL LPTV APPLICATIONS FOR DISPLACEMENT DISMISSED , BOSTON CHAN-44 E MA Minor change of callsign WCEA-LP. C&M BROADCASTING CORPORATION WCEA-LP 10163 BDISDTL-20101209AJA MA Page 1 of 17 Broadcast Actions 4/27/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202
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    • A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 08/31/2011 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , ELBERTON 89.7 MHZ E GA Mod of CP to chg Engineering Amendment filed 08/25/2011 Dismissed by letter 8/31/2011 (47 CFR Sections 73.515 and 73.7002(c) violations) THE POWER FOUNDATION WWQE 175775 BMPED-20110816AAA GA FM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , BURLINGTON 101.1 MHZ E NC License to cover. CAROLINA RADIO GROUP, INC. WZTK 9080 BLH-20100708MZY NC FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , GRAND JUNCTION 88.1 MHZ E CO Mod of CP to chg Engineering Amendment filed 08/16/2011
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    • FM STATION APPLICATIONS FOR MODIFICATION OF LICENSE GRANTED , MIAMI 88.9 MHZ E FL License to modify. BASCOMB MEMORIAL BROADCASTING FOUNDATION WDNA 4030 BMLED-20111104ALV FL FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , ELBERTON 89.7 MHZ E GA Mod of CP to chg Engineering Amendment filed 08/25/2011 Dismissed by letter 8/31/2011 (47 CFR Sections 73.515 and 73.7002(c) violations) Petition for Reconsideration filed 10/06/2011 Engineering Amendment filed 10/06/2011 Engineering Amendment filed 11/07/2011 Petition for Reconsideration granted 11/8/2011 Application reinstated nunc pro tunc 11/8/2011 Application granted 11/8/2011 (No letter sent) THE POWER FOUNDATION WWQE 175775 BMPED-20110816AAA GA Page 6 of 9 Broadcast Actions 11/14/2011 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases
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    • OF LICENSE GRANTED , BONANZA 102.9 MHZ E OR Voluntary Assignment of License From: BASIN MEDIACTIVE, LLC To: EDUCATIONAL MEDIA FOUNDATION Form 314 Granted With Conditions BASIN MEDIACTIVE, LLC KYSF 3462 BALH-20111020ABI OR FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT GRANTED , FALFURRIAS 91.5 MHZ E TX Mod of CP to chg Waiver of 47 C.F.R. � 73.7002(c) is granted. No letter issued. OASIS OF FAITH, INC. KRVP 176489 BMPED-20111108AOS TX , PALM COAST 89.3 MHZ E FL Mod of CP to chg HAMMOCK ED AND ENVIRON COMMUNITY SERVICES WNSS 175730 BMPED-20111110AES FL FM AUXILIARY TRANSMITTING ANTENNA APPLICATIONS FOR MODIFICATION OF AUXILIARY PERMIT GRANTED , CHICAGO 91.5 MHZ E IL Mod of CP CHICAGO PUBLIC MEDIA INC WBEZ
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    • APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P L I C A T I O N FILE NUMBER STATE E/P 03/22/2012 Actions of: FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , HARTFORD 91.3 MHZ E SD Mod of CP to chg Dismissed by letter 3/22/12 (47 CFR Section 73.7002(c) violation) CATHOLIC CHANCERY OFFICE KSTJ 175622 BMPED-20120203AAQ SD FM TRANSLATOR APPLICATIONS FOR MINOR CHANGE TO A LICENSED FACILITY DISMISSED , FREDERIKSTED 102.7 MHZ E VI Dismissed 3/22/2012 per Applicant's request-no letter sent. GARK, LLC W276CH 139997 BPFT-20120118ADU VI AM STATION APPLICATIONS FOR LICENSE TO COVER GRANTED , CENTRAL POINT 1400 KHZ P OR License to cover. FJARLI BROADCASTING, A GENERAL
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    • by Frank Vaquera, Sr. Application dismissed per applicants' April 30, 2012 request (no letter sent). Petition to Deny dismissed June 5, 2012 as moot. CASTLE HOLDINGS, L.L.C. KPTJ 164190 BAPH-20110406AAS TX FM STATION APPLICATIONS FOR MINOR MODIFICATION TO A CONSTRUCTION PERMIT DISMISSED , BOWDOIN 88.1 MHZ E ME Mod of CP to chg Dismissed by letter 6/5/12 (47 CFR Section 73.7002(c) violation) LIGHT OF LIFE MINISTRIES, INC. WMEY 123284 BMPED-20120305ABW ME Page 2 of 10 Broadcast Actions 6/8/2012 PUBLIC NOTICEFederal Communications Commission 445 Twelfth Street SW Washington, D.C. 20554 Recorded listing of releases and texts202 / 418-2222 202 / 418-0500 News media information REPORT NO.47755 APPLICANT AND LOCATION CALL LETTERS N A T U R E O F A P P
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    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
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    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-176A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-176A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-176A1.txt
    • mutually exclusive applications and TO GRANT the application of Emory & Henry College (File No. BPED-19951023IB) CONDITIONED UPON its compliance with Section 73.7005 of the Commission's rules, which sets forth a holding period for applicants that are awarded permits by use of a point system. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). A Section 307(b) analysis is ordinarily conducted at the staff level, because the Media Bureau has delegated authority to make 307(b) determinations in NCE cases. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386, 7397 (2000), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (DC Cir. 2001) (``NCE Order''). See also 47
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-07-40A1.txt
    • of a pending NCE settlement agreement is awaiting the resolution of a matter beyond the Commission's control, such as receipt of international clearances. Finally, also pending before the staff are approximately six cases in which it received petitions in response to the tentative selection of NCE applicants pursuant to fair distribution principles. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7004(b). The notice should also include information concerning the filing of point supplements for NCE applications already on file which have not been cut off and which, therefore, will be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074,
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    • to commercial or NCE AM applications filed during an AM filing window, as part of the threshold Section 307(b) analysis. The tribal priority would be applied to applications filed in an NCE FM filing window as the first part of the fair distribution analysis, before application of the ``first or second reserved channel NCE service'' criterion set forth in Section 73.7002(b) of our rules. NCE applicants also would be required to meet all NCE eligibility and licensing requirements. 23. This tribal priority would likely be dispositive in many situations. Accordingly, we tentatively conclude that a holding period, commencing with the award of a construction permit until the completion of four years of on-air operation, should apply to any station or allotment
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-118A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-118A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-118A1.txt
    • their applications to be considered along with applications filed during the window. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12-October 19, 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-142A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-142A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-142A1.txt
    • applications to be considered along with applications filed during the window. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12 -19, 2007 Window, Public Notice, 22 FCC Rcd 15050, 15052 (MB 2007) (``Procedures Notice''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-157A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-157A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-157A1.txt
    • 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, 22 FCC Rcd 18680 (MB 2007). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-24A1.txt
    • FM licensing procedures; as part of the threshold Section 307(b) analysis with respect to commercial or NCE AM applications filed during an AM filing window; and as the first part of the fair distribution analysis of applications filed in an NCE FM filing window, before application of the ``first or second reserved channel NCE service'' criterion set forth in Section 73.7002(b) of the Commission's Rules (the ``Rules''). NCE applicants also would be required to meet all NCE eligibility and licensing requirements. Certain ``holding period'' restrictions, commencing with the award of a construction permit until the completion of four years of on-air operation, would apply to any station or allotment awarded pursuant to the Tribal Priority. In the case of an AM
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.txt
    • from competing applications were required to amend their applications to be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5086 (2002) (``NCE MO&O''). 47 C.F.R. �� 73.7000 - 7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R. � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for New Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.txt
    • to supply comparative information that was not previously required to be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5086 (2002) (``NCE MO&O''). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-190A1.txt
    • mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. �� 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. � 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The time between adding a vacant allotment and its auction will vary based on the number of allotments awaiting auction, but this time
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-28A1.txt
    • more percent owned by a Tribe or Alaska Native Village or consortium. Also, the Tribal Priority, as already established, remains available to village corporations that are 51 or more percent owned by federally recognized Alaska Native Villages or consortia of such villages or other Tribes that meet the qualifying criteria. NPM/NCAI FNPRM Comments at 10 n.20. Cf. 47 C.F.R. � 73.7002(b) (restricting the award of NCE ``fair distribution'' preference to applications that would provide a first or second NCE service to at least 2,000 persons). A tribal proposal that covers 50 percent of Tribal Lands but does not meet the 2,000 population threshold may be able to make a persuasive waiver showing if it can demonstrate that it would provide needed
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.txt
    • that provides the requisite level of first and second NCE service. In the event that all applications for a reserved band allotment fail to propose such service, the allotment will become unreserved by operation of law and subject to the Commission's competitive bidding licensing procedures.''). See also 47 C.F.R. � 73.202(a)(1)(ii). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R. � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-99A1.txt
    • that provides the requisite level of first and second NCE service. In the event that all applications for a reserved band allotment fail to propose such service, the allotment will become unreserved by operation of law and subject to the Commission's competitive bidding licensing procedures.''). See also 47 C.F.R. � 73.202(a)(1)(ii). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R. � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-9A1.txt
    • 2007 Window, Public Notice, 22 FCC Rcd 15050 (MB 2007) (``Procedures Notice''); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will Close on October 22, 2007, Public Notice, 22 FCC Rcd 18680 (MB 2007). 47 C.F.R. �� 73.7000 - 73.7005. See id. � 73.7004(b). See 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities). See 47 C.F.R � 73.7003 (point system selection procedures). See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order,
  • http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-12-28A1.txt
    • 1583, 1584, � 1 (2010) (``Rural Radio First Report and Order'') (defining ``Tribes'' to mean ``federally recognized American Indian Tribes and Alaska Native Villages''). See Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, �� 4-5, modified, 26 FCC Rcd 2556 (2011) (``Rural Radio Second Report and Order''), recon. pending. 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002(b). See infra paragraph 55. See also infra, paragraphs 57, 58 & 64. 47 C.F.R. � 73.860. Report and Order, 15 FCC Rcd at 2217, � 29. See 47 C.F.R. � 74.1231(b) (discussing permissible signal delivery mechanisms for FM translators). Report and Order, 15 FCC Rcd at 2216, � 24. See also 47 C.F.R. � 73.855. See, e.g., Rural Radio First
  • http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
    • subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002 Selectee (selected based on fair distribution) has been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All
  • http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.txt
    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
  • http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
  • http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.doc http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.pdf http://transition.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.txt
    • 4, 2001. Also remaining unchanged are the dates set by the Commission in paragraph 31 of the Memorandum Opinion and Order in this proceeding for comparing technical proposals. Application of NCE � 307(b) Criteria: In cases where mutually exclusive NCE applications specify different communities, the Commission must first consider whether to award a decisive � 307(b) preference. 47 C.F.R. � 73.7002(b); Report and Order, MM Docket 95-31, 15 FCC Rcd 7386, 7397-98 (2000). An NCE applicant will be eligible for the preference if it will provide a first or second NCE aural service (in the aggregate) to 10 percent of the people within the proposed station's 60 dBu contour, provided that the number of people receiving such service is at least
  • http://transition.fcc.gov/fcc-bin/audio/DA-06-1073A1.doc http://transition.fcc.gov/fcc-bin/audio/DA-06-1073A1.pdf
    • 18 FCC Rcd 6691 (2003) (``NCE Second Report and Order''). In a Public Notice released September 30, 2003, we invited petitions for rule making to reserve vacant FM allotments for NCE use pursuant to the NCE Second Report and Order. In response to the Public Notice, we received 129 petitions for the reservation of 91 allotments. See 47 C.F.R. � 73.7002(b). See Michael S. Rice, Memorandum Opinion and Order, 16 FCC Rcd 18394 (2001) See 47 C.F.R. � 1.3. (...continued from previous page) (continued....) Federal Communications Commission DA 06-1073 Federal Communications Commission DA 06-1073 m � � � � � � � F � � T�Ӑ � ^� � ^� �
  • http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
    • 1583, 1584, � 1 (2010) (``Rural Radio First Report and Order'') (defining ``Tribes'' to mean ``federally recognized American Indian Tribes and Alaska Native Villages''). See Rural Radio First Report and Order, 25 FCC Rcd at 1584-85, �� 4-5, modified, 26 FCC Rcd 2556 (2011) (``Rural Radio Second Report and Order''), recon. pending. 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7002(b). See infra paragraph 55. See also infra, paragraphs 57, 58 & 64. 47 C.F.R. � 73.860. Report and Order, 15 FCC Rcd at 2217, � 29. See 47 C.F.R. � 74.1231(b) (discussing permissible signal delivery mechanisms for FM translators). Report and Order, 15 FCC Rcd at 2216, � 24. See also 47 C.F.R. � 73.855. See, e.g., Rural Radio First
  • http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
    • applicable to Class A television stations. [871]TEXT [872]PDF 73.6027 Class A TV notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like
  • http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00120.txt
    • subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002 Selectee (selected based on fair distribution) has been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All
  • http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fc01064.txt
    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
  • http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2001/fcc01064.txt
    • threshold issue. SRG argues that Section 307(b) of the Communications Act does not compel us to consider fair distribution as a threshold issue, and maintains that in traditional comparative hearings this factor was given less weight. The scope of our fair distribution analysis was an issue fully considered in the NCE Order. By the express terms of 47 C.F.R. � 73.7002(a), adopted therein, the 307(b) analysis is conducted only if applicants propose to serve different communities. Differences in coverage among proposals to serve the same community are adequately considered within the point system, which includes a consideration of technical parameters. Differences in area and population served within the same community are considered by awarding points for technical parameters. See also paras
  • http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.doc http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.pdf http://www.fcc.gov/Bureaus/Mass_Media/Public_Notices/da011245.txt
    • 4, 2001. Also remaining unchanged are the dates set by the Commission in paragraph 31 of the Memorandum Opinion and Order in this proceeding for comparing technical proposals. Application of NCE � 307(b) Criteria: In cases where mutually exclusive NCE applications specify different communities, the Commission must first consider whether to award a decisive � 307(b) preference. 47 C.F.R. � 73.7002(b); Report and Order, MM Docket 95-31, 15 FCC Rcd 7386, 7397-98 (2000). An NCE applicant will be eligible for the preference if it will provide a first or second NCE aural service (in the aggregate) to 10 percent of the people within the proposed station's 60 dBu contour, provided that the number of people receiving such service is at least
  • http://www.fcc.gov/Forms/Form314/314.pdf
    • and/or promised does not exceed the assignor's legitimate and prudent expenses in applying for and constructing the station. E. Item 9: Tribal Priority Holding Period. Under the Commission's Tribal Priority (see Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order, 25 FCC Rcd 1583 (2010) ("Rural First R&O"), and 47 C.F.R. � 73.7002(b)(1) [applicable only to noncommercial educational stations]), individuals or entities obtaining a construction permit by way of a preference under the NCE fair distribution analysis or a dispositive preference under 47 U.S.C. Section 307(b) may not assign or transfer the authorization for the period beginning with issuance of the construction permit, until the conclusion of four years of on-air operations, unless
  • http://www.fcc.gov/Forms/Form315/315.pdf
    • and/or promised does not exceed the transferor's legitimate and prudent expenses in applying for and constructing the station. D. Item 7: Tribal Priority Holding Period. Under the Commission's Tribal Priority (see Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order, 25 FCC Rcd 1583 (2010) ("Rural First R&O"), and 47 C.F.R. � 73.7002(b)(1) [applicable only to noncommercial educational stations]), individuals or entities obtaining a construction permit by way of a preference under the NCE fair distribution analysis or a dispositive preference under 47 U.S.C. Section 307(b) may not assign or transfer the authorization for the period beginning with issuance of the construction permit, until the conclusion of four years of on-air operations, unless
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1587A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1587A1.pdf
    • a construction permit (File No. BPED-19971112MA) for a new NCE FM station in Valparaiso, Indiana. Petitions to Deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1588A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1588A1.pdf
    • construction permit (File No. BPED-19970612ME) for a new NCE FM station in Jacksonville, North Carolina. Petitions to Deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1589A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1589A1.pdf
    • the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau In this instance, one of the applications is for a permit to construct a new NCE FM station at Newark, Ohio, and the other is an application to make minor changes to NCE Station WKRW-FM, Wooster, Ohio. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1674A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1674A1.pdf
    • a construction permit (File No. BPED-19980122MB) for a new NCE FM station in Eastland, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1675A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1675A1.pdf
    • a construction permit (File No. BPED-19980319MP) for a new NCE FM station in Cascade, Iowa. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1677A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1677A1.pdf
    • a construction permit (File No. BPED-19980319MI) for a new NCE FM station in Thomson, Georgia. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1678A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1678A1.pdf
    • (File No. BPED-19990311MS) for a new NCE FM station in New Whiteland, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1775A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1775A1.pdf
    • a construction permit (File No. BPED-19980320MD) for a new NCE FM station in Harrington, Delaware. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1860A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1860A1.pdf
    • construction permit (File No. BPED-19981231MC) for a new NCE FM station in State Center, Iowa. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1861A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1861A1.pdf
    • permit (File No. BNPED-20000303ABK) for a new NCE FM station in Toms River, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1863A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1863A1.pdf
    • permit (File No. BPED-19980730ME) for a new NCE FM station in Stephenville, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1864A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1864A1.pdf
    • construction permit (File No. BPED-19990730ME) for a new NCE FM station in Netcong, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1865A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1865A1.pdf
    • one of the applications is for a permit to construct a new NCE FM station at Paradise, California, one of the applications is for a permit to construct a new NCE FM station at Tehama, California, and the other is an application to make major changes to NCE Station KNCA(FM), Burney, California. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1866A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1866A1.pdf
    • a construction permit (File No. BPED-19960924MF) for a new NCE FM station in Mart, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1867A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1867A1.pdf
    • permit (File No. BPED-19970417MA) for a new NCE FM station in Athens, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1967A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1967A1.pdf
    • construction permit (File No. BNPED-19991214AAL) for a new NCE FM station in North Judson, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1968A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1968A1.pdf
    • permit (File No. BPED-19970501MB) for a new NCE FM station in Columbus, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-1970A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-1970A1.pdf
    • the applications is for a permit to construct a new NCE FM station at Lake Mills, Iowa, one of the applications is for a permit to construct a new NCE FM station at Lanesboro, Minnesota, and the other is an application to make major changes to NCE Station KBDC(FM), Mason City, Iowa. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2024A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2024A1.pdf
    • a construction permit (File No. BPED-19971121MA) for a new NCE FM station in Lowell, Indiana. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2025A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2025A1.pdf
    • permit (File No. BPED-19961203ME) for a new NCE FM station in Newport, Tennessee. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2027A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2027A1.pdf
    • permit (File No. BPED-19980213ME) for a new NCE FM station in Shenandoah, Pennsylvania. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001) (``March 22 Public Notice''). Applicants were also to
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2028A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2028A1.pdf
    • construction permit (File No. BPED-19990903MD) for a new NCE FM station in Baker City, Oregon. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2185A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2185A1.pdf
    • the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. If no petitions to deny are filed, the instant application will be granted and the remaining members of Group 990405 will be dismissed by public notice. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2186A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2186A1.pdf
    • a construction permit (File No. BPED-19980213MA) for a new NCE FM station in Fredericksburg, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2187A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2187A1.pdf
    • permit (File No. BPED-19980512MC) for a new NCE FM station in Riverside, Michigan. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the acceptance and tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2189A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2189A1.pdf
    • a construction permit (File No. BPED-19980922MB) for a new NCE FM station in Caldwell, Texas. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2190A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2190A1.pdf
    • a construction permit (File No. BNPED-19991004AAD) for a new NCE FM station in Calhoun, Georgia. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2191A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2191A1.pdf
    • construction permit (File No. BPED-19990716MB) for a new NCE FM station in Bernardsville, New Jersey. Petitions to deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued public notice announcing the tentative selection of this application. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2383A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2383A1.pdf
    • no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of the Mary V. Harris Foundation (File No. BPED-19980909MN) and grant the application of Public Radio, Inc. (File No. BPED-19980909MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2385A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2385A1.pdf
    • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Shofar Broadcasting Corporation (File No. BPED-19980406MC) and grant the application of Positive Alternative Radio, Inc. (File No. BPED-19981006MK). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2386A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2386A1.pdf
    • Inc. (File No. BNPED-20000118ACZ). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau In this instance, three of the applications are for permits to construct new NCE FM stations at Lunenburg, Lexington, and Stow, Massachusetts, respectively, and the other is an application to make major changes to NCE Station WAVM(FM), Maynard, Massachusetts. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-2389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-2389A1.pdf
    • run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19980810MB) and grant the application of Cornerstone University (File No. BPED-19980814MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). Cornerstone University was formerly known as Cornerstone Baptist Educational Ministries, Inc. See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB
  • http://www.fcc.gov/fcc-bin/audio/DA-05-3089A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3089A1.pdf
    • there is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Heartland Ministries, Inc. (File No. BPED-19990505MB) and grant the application of Bishop Community Radio (File No. BNPED-20000229AAN). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-3090A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3090A1.pdf
    • no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19970501MZ) and grant the application of Morton Cochran County Educational Foundation (File No. BPED-19961206ME). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-3091A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3091A1.pdf
    • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19970709MF) and grant the application of Bible Broadcasting Network, Inc. (File No. BPED-19970219MA). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-05-3205A1.doc http://www.fcc.gov/fcc-bin/audio/DA-05-3205A1.pdf
    • is no substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Revival Christian Ministries (File No. BPED-19990119MA) and grant the application of Radio Training Network, Inc. (File No. BPED-19990420ME). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1168A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1168A1.pdf
    • substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the other mutually exclusive application and grant the application of American Family Association (File No. BPED-19970220MB). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Gary S. Smithwick, Esq. Donald E. Martin, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1169A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1169A1.pdf
    • substantial and material question concerning the grantability of the tentative selectee's application, we will, by public notice, dismiss the other mutually exclusive applications and grant the application of Bloomington Normal Broadcasting Corporation (File No. BPED-19990602MS). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: J. Geoffrey Bentley, Esq. Paul Brown, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1170A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1170A1.pdf
    • grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of American Family Association (File No. BPED-19961031MA) and grant the application of Educational Radio Foundation of East Texas, Inc. (File No. BPED-19960814MD). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Joseph C. Chautin, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1171A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1171A1.pdf
    • the grantability of the tentative selectee's application, we will, by public notice, dismiss the mutually exclusive application of Missouri River Christian Broadcasting, Inc. (File No. BPED-19980126MC) and grant the application of New Life Evangelistic Center, Inc. (File No. BPED-19981020MC). Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: John Midlen, Esq. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
  • http://www.fcc.gov/fcc-bin/audio/DA-06-1478A1.doc http://www.fcc.gov/fcc-bin/audio/DA-06-1478A1.pdf
    • 2001). The Bureau explained that it ``will not entertain partial settlements'' and that ``applicants not filing qualifying settlements must file supplements to provide information needed to compare mutually exclusive applications.'' March 22, 2001, Public Notice, 16 FCC Rcd at 6893. See Letter to Jeff Southmayd, Esq., et al., 1800B3-CNZ (March 9, 2005) (``March 9, 2005, Letter''). See 47 C.F.R. � 73.7002; see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001) (delegating authority to the Bureau to make 307(b) determinations in NCE cases). 47 U.S.C. � 307(b). See Letter to Houston Christian Broadcasters, Inc., et al., 20 FCC Rcd 12920 (MB
  • http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.pdf
    • The only argument unique to the April Submission is Moody's claim that it should have received a fair distribution preference over HAC although both proposed to serve the same community. The Commission's Rules (the ``Rules'') are clear that a fair distribution analysis for NCE applications is appropriate only when mutually exclusive applicants will serve different communities. See 47 C.F.R. � 73.7002(a). The April Submission, even if treated as an informal objection to the grant of HAC's application, fails to raise a prima facie case that the tentative selection of HAC is in error or that grant of HAC's application would be contrary to the public interest. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. �
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    • the tentatively selected applications. See Omnibus Order, 22 FCC Rcd at 6102; See also Bennett v. Spear, 520 U.S. 154, 177-78 (1997). The April Submission is therefore dismissed. Moreover, as discussed infra n.34, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6102; 47 C.F.R. � 73.7003(c)(1). See California Secretary of State Record for the University Foundation (Petition, Ex. 3). See File No. BPED-19880610ML (granted September 29, 1992). See Letter from Dennis Williams, FCC to University Foundation, Re: KFPR(FM) (Nov. 5, 1993) (Opposition, Ex. B). See File. No. BLED-19931123KD (granted Mar. 28, 1996). See State
  • http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.pdf
    • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7000(b)(2). CCHI's proposed service area overlapped that of its existing station, KLHT(AM), Honolulu. See Omnibus Order, 22 FCC Rcd at 6133. Specifically, MBC, CCHI, and BBN received five, three, and zero points respectively. See Petition at 2; 47 U.S.C. � 309(a)(1). See Opposition at 1 - 3; 47 C.F.R. � 73.3573(b)(3). MBC's argument for dismissal of
  • http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.pdf
    • also Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (subsequent history omitted). See 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6131. Id. at 6131, 6164; 47 C.F.R. � 73.7003(c)(1). Oregon, in a footnote, also briefly cross-references arguments from the dismissed April Submission. See Petition at 3, n.11. Those arguments do not make a prima facie case that the tentative selection of CAE was erroneous. First, Oregon claimed that it should have received a
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    • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6155 - 56. 47 C.F.R. � 73.7000. Id.; 47 C.F.R. � 73.7300(b)(1). See Deadline for Settlements and Supplements, Public Notice, 16 FCC Rcd 19892 (2001). See MIPR Point Supplement, Question (IV)(1), Exhibit E1. See Articles of Incorporation of MIPR (July 30, 1999) (filed Aug. 2, 1999 with Florida DOC) (Petition, Exhibit 1). See
  • http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.pdf
    • Media Bureau cc: Lower Cape Communications, Inc. Petition to Deny (May 2, 2007). See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6159; 47 C.F.R. � 73.7003(c)(1). Specifically, Lower Cape and UMASS had attributable interests in one and 11 radio interests, respectively. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 12, 2007 DA 07-4233 In Reply Refer To: 1800B3-IB/DEB Released: October 12, 2007 � � � � + A F 7F T w x
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    • denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). Harris's application had been dismissed as short-spaced pursuant to Section 73.509, but was reinstated in April 2002. The Omnibus Order dismissed HFC's petition for reconsideration of Harris's reinstatement, and HFC has not contested that action. See Omnibus Order, 22 FCC Rcd at 6167. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7003(b)(2). See 47 C.F.R. � 73.7003(b)(1). See Omnibus Order, 22 FCC Rcd at 6135-36. HFC and Harris received five and two points respectively. Petition at 2. Id. at 3 (citing FCC Form 340, Question II(2)(2007)). Petition at 3. Id. (citing Blue Lake Academy, Inc., 20 FCC Rcd 12066, 12068-69 (MB 2005)). Opposition at 2. Id. at
  • http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
    • a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive application of Mineral Springs Public Radio (File No. BNPED-20071012AFV), and TO GRANT the application of Les Seraphim (File No. BNPED-20071018AOC) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 65. IT IS FURTHER ORDERED, That the Application filed by Georgia Public Telecommunications Commission (File No. BNPED-20071019BBB) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Young Harris,
  • http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.pdf
    • will serve the ``largest geographic area and population.'' The ``fair distribution'' criterion is designed to advance Section 307(b) by awarding a dispositive preference to an applicant that proposes to provide substantially greater first and/or second NCE service than any other mutually exclusive application. The Commission further ensures an equitable distribution of radio service by requiring applicants selected pursuant to Section 73.7002 to operate ``facilities substantially as proposed'' and ``not downgrade service to the area on which the preference was based'' for a ``period of four years of on-air operations'' once the Commission finalizes its 307(b) preference. Beyond these technical parameters, the Commission also expects selectees to maintain certain character qualifications including traits demonstrating candor and a ``proclivity . . . to
  • http://www.fcc.gov/fcc-bin/audio/DA-08-162A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-162A1.pdf
    • unsupported interference allegation. Accordingly, IT IS ORDERED, That the Petition to Deny, filed on July 25, 2005, by Positive Alternative Radio, Inc. and the Informal Objection, filed on September 30, 2005, by WXXY Broadcasting, Inc. ARE DENIED. IT IS FURTHER ORDERED, That the application of Eagle's Nest Fellowship Church (File No. BPED-19980320MD) IS GRANTED CONDITIONED UPON its compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year holding period for applicants that are awarded permits based on a dispositive Section 307(b) preference. IT IS FURTHER ORDERED, That the mutually exclusive applications of Positive Alternative Radio, Inc. (File No. BPED-19980320MP), American Family Association (File No. BPED-19970915MB), and Mary V. Harris Foundation (File No. BPED-19980320MM) ARE
  • http://www.fcc.gov/fcc-bin/audio/DA-08-1836A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1836A1.pdf
    • would further the public interest, convenience, and necessity. Accordingly, IT IS FURTHER ORDERED, That the application of the State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19960417MD) for a major modification to NCE FM Station KNCA(FM), Burney, California, IS GRANTED CONDITIONED UPON its compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year holding period for applicants that are awarded permits based on a dispositive Section 307(b) preference. IT IS FURTHER ORDERED, That the mutually exclusive applications of North Valley Educational Community Radio, Inc. (File No. BPED-19950720MA) and Northern California Educational Broadcasters (File No. BPED-19960416MB) ARE DISMISSED. Sincerely, Peter H.
  • http://www.fcc.gov/fcc-bin/audio/DA-08-2676A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2676A1.pdf
    • permit). See, e.g., Delmarva Educational Association, Memorandum Opinion and Order, 19 FCC Rcd 6793, 6798 (2004). In challenging the relocation, SOU also argues that ``Airen has also ignored, and the Audio Division has disregarded, the Commission's recent re-interpretation of the `fair distribution' principles of Section 307(b) in the context of NCE stations.'' Petition at 9. SOU cites 47 C.F.R. � 73.7002(b), under which, to be credited, a first local NCE service must serve at least 2000 persons and, if a competitor also will provide a first NCE service, the winner must propose to cover at least 5000 more persons than its rivals to receive a dispositive preference. SOU is incorrect. The standards adopted to implement Section 307(b) in the context of
  • http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.pdf
    • Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (``NCE Second Order''), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004), cert. denied, 543 U.S. 1004 (history concerning non-reserved channels omitted). See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6111-12. CEA was eliminated because its claimed numbers appeared significantly inaccurate. Id. CPR was eliminated because it certified that it was not entitled to a preference based on first service alone. Id. at 6112. Good and Pathway were eliminated because each proposed to provide a first local service to at least 5,000 fewer
  • http://www.fcc.gov/fcc-bin/audio/DA-09-1084A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1084A1.pdf
    • other applicants could make an equivalent or better showing. Accordingly, the Bureau identified Philos as the tentative selectee, and on July 20, 2006, awarded the construction permit to Philos. As with all NCE permits awarded by decisive Section 307(b) preference, the permit was issued with a special operating condition, requiring the permittee to maintain the promised service pursuant to Section 73.7002(c) of the Commission's Rules (the ``Rules''). HCB, one of the non-prevailing applicants in the group, obtained the permit from Philos by assignment on April 9, 2007. On September 7, 2007, HCB filed the instant application for minor modification, and it amended that application on March 2, 2009. HCB proposed to change the station's transmitter location, effective radiated power, and antenna
  • http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
    • grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Breath of the Spirit Ministries (File No. BNPED-20071022BQW), Immanuel Broadcasting Network (File No. BNPED-20071019ARH), and Southeast Alabama Educational Broadcasting (File No. BNPED-20071022BVR), and TO GRANT the application of B. Jordan Communications Corporation (File No. BNPED-20071019ALK) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 13. IT IS FURTHER ORDERED, That the Application filed by Board of Regents of New Mexico Highlands (File No. BNPED-20071022BBP) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
  • http://www.fcc.gov/fcc-bin/audio/DA-09-2292A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2292A1.pdf
    • and to more than 2,000 people. 47 C.F.R. � 73.7004. See n.3, supra. See id. (petitions to deny must contain adequate and specific factual allegations sufficient to warrant the relief requested). Petition at 1, 2. See Petition at Exhibit 2. Petition at 2; see also id. (only granted construction permits considered in Section 307(b) comparative analyses). See 47 C.F.R. � 73.7002(b). Federal Communications Commission Washington, D.C. 20554 October 23, 2009 � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.� �"��{Z��HV9�iъ���� s+ �~ �p��,�� �tm�y� ݤ*>0�F��lŢ.|�� /�b���=^''"TxM[�D\Њl��-I�@� � �-'��I�<~@� �p^v�}��+d�� '� �@����7�l:] �WN 9�� _#p�� �h - �`9��e'���8��f�l-1���)��
    • http://www.fcc.gov/fcc-bin/audio/DA-09-2437A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2437A1.pdf
      • We also have before us responsive pleadings filed after the Petition. On May 5, 2009, Hampton Roads Educational Telecommunications Association (``Hampton'') filed an Opposition to Petition for Reconsideration or, in the alternative, Petition to Deny (``Opposition''). On May 18, 2009, CCR filed a Reply. See 2009 Fair Distribution MO&O, 24 FCC Rcd at 3885 (MB 2009). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
    • http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
      • petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive application of Centro Cristiano de Fe, Inc. (File No. BNPED-20071022ABD), and TO GRANT the application of Arizona Western College (File No. BNPED-20071018ABZ) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 71. IT IS FURTHER ORDERED, That the Application filed by Les Seraphim (File No. BNPED-20071018AMQ) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Lahaina, Hawaii. If, after
    • http://www.fcc.gov/fcc-bin/audio/DA-09-524A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-524A1.pdf
      • a new noncommercial educational FM station in Chatham, New Jersey IS HEREBY DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau NJPBA filed an Opposition on September 28, 2005, and WRI filed a Reply on October 3, 2005. Additionally, on October 18, 2005, NJPBA filed a Motion to Strike WRI's Reply. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). See 47 C.F.R. � 73.7002(b). With respect to population information, applicants were to use the 2000 Census data, if available by June 4, 2001. See ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001,'' Public Notice, 16 FCC Rcd 6893 (MB Mar. 22, 2001). Applicants were also to base their ``fair distribution''
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      • question concerning the grantability of the tentative selectee's application, we intend, by public notice, TO DISMISS the mutually exclusive applications of Iowa State University of Science and Technology (File No. BNPED-20071018AHW), and Grand River Valley Radio, Inc. (File No. BNPED-20071017AGP), and TO GRANT the application of Calvary Chapel of Omaha (File No. BNPED-20071016ACH) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Group 80. IT IS FURTHER ORDERED, That the Application filed by Calvary Chapel of Grangeville, Inc. (File No. BNPED-20071017AEN) is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Grangeville,
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      • Application was dismissed. See Broadcast Actions, Public Notice, Report No. 46984 (MB 2009). See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3880 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
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      • would not be affected by Hampton's proposal since the new station would not begin broadcasting until after WTVR-TV's analog transmission was discontinued pursuant to the DTV transition). Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 9508, 9510 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE MO&O''), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (D.C.
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      • Church) See Broadcast Actions, Public Notice Report No. 47112, p.30 (Nov. 16, 2009). See Threshold Fair Distribution Analysis of 28 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 12390, 12399-12400 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1241A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1241A1.pdf
      • facilities substantially as proposed for a period of four years of on-air operations. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Quitman County Development Organization Blues and Gospel Heritage Association Quitman filed a Motion for Extension of Time on August 26, 2008, and an Opposition to Petition to Deny on September 3, 2008 (``Opposition''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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      • 2009, is DISMISSED AS MOOT. Sincerely, Peter H. Doyle, Chief Audio Division Media Bureau cc: Christian Music Network, Inc. Home Improvement Ministries Talking Information Center, Incorporated Broadcast Actions, Public Notice, Report No. 46984 (May 13, 2009) (``Dismissal Public Notice''). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.pdf
      • the applicant has received tax-exempt status from the I.R.S. See, e.g., Fatima Response, Memorandum Opinion and Order, 14 FCC Rcd 18543 (1999). Application conflicts which are not resolved through settlement or pursuant to a decisive Section 307(b) analysis are compared under an NCE point system, which is a simplified ``paper hearing'' process. See 47 U.S.C. � 307(b); 47 C.F.R. �� 73.7002-73.7003. During the point system selection process the Commission staff reviews an applicant's point certifications and determines whether it qualifies for points as, inter alia, an established local applicant. See Hammock Articles of Organization at Section 2.01 (mandating that Hammock ``shall be perpetually located in Palm Coast to assure it is a locally responsive organization''). If the Application were to be
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.pdf
      • evidentiary hearings that were ultimately deemed ``meaningless,'' and used selection criteria considered arbitrary and capricious. While G/S argues that as many applications as possible should be granted, the Commission has determined that awarding licenses in light of the quality, not the number, of eligible applicants best serves the public interest. Additionally, G/S argues that ``there is no language in [Section 73.7002] limiting [the selection process] to only one round of analysis.'' However, Section 73.7003 clearly lays out point system selection procedures that instruct the Commission to perform only one round of analysis. In sum, NCE MX Group 306 underwent the same examination to determine a tentative selectee as its fellow groups. The composition of NCE MX Group 306 does not differ
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      • 2410 (MB 2009). Plus Charities, 24 FCC Rcd at 2411-12. See n.6, supra (incomplete applications will be dismissed without opportunity to refile). See also 47 C.F.R. � 73.3564 (applications found not to meet minimum filing requirements will be returned). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir.
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1959A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1959A1.pdf
      • Public Notice, 23 FCC Rcd 3914 (MB 2008). The Bureau included a fourth application filed by Marianna Educational Broadcasting Foundation (``MEBF'') in NCE MX Group 97. File No. BNPED-20071019AGG. The Bureau dismissed the MEBF Application on November, 12, 2008, at MEBF's request. See Broadcast Actions, Public Notice, Report No. 46864 (MB Nov. 12, 2008) at 5. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir.
    • http://www.fcc.gov/fcc-bin/audio/DA-10-1960A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1960A1.pdf
      • service to 10,045 people. Archangel Petition to Deny, Figures 1 and 2. We previously determined that Archangel and TBTA each would provide combined first and second NCE service to ten percent of the population within its 60 dBu contour and to more than 2,000 people. Fair Distribution Order, 23 FCC Rcd at 10216, n. 17. See also, 47 C.F.R. � 73.7002(b). 47 C.F.R. � 73.7002(b). Both Archangel and TBTA failed to include WMAH-FM, Biloxi, Mississippi, when they calculated the combined first and second NCE service total for the Archangel proposal. We have included WMAH-FM in our calculation. Thus, we calculated a combined service total for the Archangel proposal that is significantly lower than that calculated by either Archangel or TBTA. 47
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      • Objection on January 25, 2010. Because Allied has referenced its Informal Objection in its Petition, we will consider its merits in our discussion of the latter-filed pleading. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, 3922 (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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      • Division Media Bureau cc: The Helpline Ohio East-West Cultural Bridge John Trent, Esq. See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3882 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
    • http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.pdf
      • FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Wailuku, Hawaii. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced Mana'o Radio application CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Rules, which sets forth a four-year period of on-air operations substantially as proposed. FEDERAL COMMUNICATIONS COMMISSION Peter H. Doyle Chief, Audio Division Media Bureau LS filed an Opposition to the Petition on February 2, 2010, to which MOR filed a Reply on February 16, 2010. See Comparative Consideration of 22 Groups of Mutually Exclusive Applications for Permits to
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      • not support their claim. Tentative Selectee Order, 24 FCC Rcd at 12401 � 35. Twelve additional applications were eliminated because they did not claim a ``first NCE service preference.'' Id. at 12401� 36. Ten additional applications were eliminated because the next best proposal of Kanu would serve at least 5,000 more people. Id. at 12401� 37. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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      • on February 9, 2009 (``G/S Reply''). In addition, CRN filed Comments on Petition for Reconsideration on February 9, 2009 (``CRN Comments''). G/S filed Comments Supporting Petition for Reconsideration on March 6, 2009 (``G/S Comments''). (``Dismissal Public Notice''). IRCE did not challenge this dismissal, which is now final. Thus, we omit further discussion of the IRCE Application. See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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      • See Broadcast Actions, Public Notice Report No. 46984, at 16 (May 13, 2009). See Threshold Fair Distribution Analysis of 21 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3882 (MB 2009) (``2009 Fair Distribution MO&O''). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), reversed in part on other grounds, NPR v. FCC, 254 F.3d
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      • FOR FILING and TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Evanston, Wyoming. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced UW application CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Rules, which sets forth a four-year period of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Dan J. Alpert, Esq. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 3914 (MB 2008). See Threshold Fair Distribution Analysis of 32 Groups of Mutually Exclusive Applications for Permit
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      • Ordering Clause. Accordingly, the Petition to Deny by the Board of Regents of New Mexico Highlands University IS DENIED and its application for a new station at Espanola, New Mexico (File No. BNPED-20071019AFT) IS DISMISSED. The application of Cultural Energy for a new station at Ranchos de Taos, New Mexico (File No. BNPED-20071016AJM) IS GRANTED conditioned upon compliance with Section 73.7002(c), which sets forth a period of four years of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Threshold Fair Distribution Analysis of 22 Groups, Memorandum Opinion and Order, 24 FCC Rcd 14531 (MB 2009) (``Order''). Specifically, when conflicting applications propose service to different communities, the Bureau undertakes a threshold analysis pursuant to Section 307(b)
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      • for Reconsideration'' (``Reply''). HSARG filed a July 8, 2011, ``Opposition to Reply'' which we disregard and dismiss on procedural grounds. See infra. 47 C.F.R. � 1.106(p). File Nos. BNPED-20071022BQK and BNPED-20071018AQD (respectively, ``MBMC Application'' and ``HSARG Application''). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508, Attachment A (MB 2008). See 47 C.F.R. � 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to serve different communities); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), recon. granted in part, 16 FCC Rcd 5074 (2001), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). See 47 U.S.C.
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      • mutually exclusive applications . . . [including that of CCB]''). See Hawaii Public Radio, Inc., Letter, 25 FCC Rcd 3697 (MB 2010) (finding that dismissal of a competing application before action on a timely petition to deny against the tentative selectee was a harmless error in view of the ultimate denial of the petition to deny). See 47 C.F.R. � 73.7002(c) (requiring four years of on-air operations as proposed when a tentative selectee receives a fair distribution preference). Federal Communications Commission Washington, D.C. 20554 April 4, 2011 r s � �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą
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      • of 9 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October 2007 Window, Memorandum Opinion and Order, 25 FCC Rcd 15134 (MB rel. Oct. 28, 2010) (``Tentative Selectee Order''). Specifically, the VPR Middlebury application proposed 9,336 first service; 37,410 second service. 47 U.S.C. � 307(b); see also 47 C.F.R. � 73.7002. See File No. BNPED-20071018BDO. The staff granted VPR a permit to construct this station on August 7, 2008. See Broadcast Actions, Public Notice, Report No. 46798 (rel. Aug. 12, 2008). Family has standing as a competing applicant in this mutually-exclusive NCE group. See FCC v. Sanders Brothers Radio Station, 309 U.S. 470 (1940). Petition at 4. See Declaration of Stephen
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      • BNPED-20071022BIY), Radio Nine Eleven, Inc. (File No. BNPED-20071015ACA), Myaamia Foundation (File No. BNPED-20071017AEQ), Educational Media Foundation (File No. BMAPED-20071019BDC), Hispanic Family Christian Network, Inc. (File No. BNPED-20071022ALU), Pearl Communications Group (File No. BNPED-20071022AXC), and Church of God of Prophecy (File No. BNPED-20071022BAF), and TO GRANT the application of Cherokee Nation (File No. BNPED-20071018ASS) CONDITIONED UPON that selectee's compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. � 73.7002(c), which sets forth a four-year period of on-air operations substantially as proposed. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Way-FM Media Group, Inc. Christian Broadcasting Group of Mountain Home Omni Center for Peace, Justice, and Ecology Bible Broadcasting Network, Inc. Gentry Communications Network, Inc. KMZD Radio, Inc. St. Bernard's
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      • of facilities and DISMISSED AS MOOT with respect to additional time to construct. Accordingly, the application for modification of permit (File No. BMPED-20111031AAG) IS DISMISSED and the underlying permit (File No. BNPED-20071022BAR) expired on its own terms on August 5, 2011. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau Specifically, NTC seeks waivers of 47 C.F.R. �� 73.3598(a), 73.3598(c), 73.7002(c) and 73.7005(b). Petition at 2-3. Affidavit of Jason K. Arviso, Director of Institutional Development, NTC, Appendix 1 to Petition (``Arviso Declaration''). File No. BNPED-20071022BAR. Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd 3914, Attachment A (MB 2008). See 47 C.F.R. � 73.7002; 47
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      • TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station at Benton City, Washington. If, after a 30-day petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we intend TO GRANT the referenced Prosser Seventh-day Adventist Church application CONDITIONED UPON its compliance with Section 73.7002(c) of the Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau NCE MX Group 443, Letter, Ref. 1800B3-ATS (MB August 26, 2011) (``Staff Decision''). PSDA filed the Petition for Reconsideration on September 30, 2011. NCEC filed an Opposition to Petition for Reconsideration (``Opposition'') on October 13, 2011. PSDA filed a Reply to Opposition to Petition for Reconsideration (``Reply'') on
    • http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.pdf
      • Petition, grant the BMW Application, and dismiss the CSN application. Background. The mutually exclusive (``MX'') applications of BMW, CSN, Central, and Merritt Island Public Radio, Inc. (``MIPR''), were among those applications designated NCE MX Group 9901XP. Pursuant to established procedures, the Commission determined that no applicant in NCE MX 9901XP was entitled to a dispositive fair distribution preference under Section 73.7002 of the Commission's Rules (``Rules''), and consequently applied the NCE point system criteria and identified MIPR as the tentative selectee. Central then filed a petition to deny MIPR's application on the ground that MIPR was not entitled to points under the local established applicant criterion. The Commission agreed.. In that Tentative Selectee Order, the Commission identified BMW as the new
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      • subject to the provisions of Sections 73.3514, 73.3525, 73.3572, 73.3573, 73.3580, and Section 1.65. Unauthorized or untimely amendments are subject to return by the FCC's staff without consideration. Amendments will be accepted as described below and otherwise will only be considered upon a showing of good cause for late filing or pursuant to Section 1.65 or Section 73.3514: (i) Section 73.7002 Selectee. A Public Notice will announce that the application of a Section 73.7002 Selectee (selected based on fair distribution) has been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All
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      • mutually exclusive applications and TO GRANT the application of Emory & Henry College (File No. BPED-19951023IB) CONDITIONED UPON its compliance with Section 73.7005 of the Commission's rules, which sets forth a holding period for applicants that are awarded permits by use of a point system. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002(a). A Section 307(b) analysis is ordinarily conducted at the staff level, because the Media Bureau has delegated authority to make 307(b) determinations in NCE cases. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 15 FCC Rcd 7386, 7397 (2000), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (DC Cir. 2001) (``NCE Order''). See also 47
    • http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
      • of a pending NCE settlement agreement is awaiting the resolution of a matter beyond the Commission's control, such as receipt of international clearances. Finally, also pending before the staff are approximately six cases in which it received petitions in response to the tentative selection of NCE applicants pursuant to fair distribution principles. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7004(b). The notice should also include information concerning the filing of point supplements for NCE applications already on file which have not been cut off and which, therefore, will be considered along with applications filed during the window. See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074,
    • http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
      • mutual exclusivity exists for auction purposes, even if only one applicant for a particular construction permit submits an upfront payment, that applicant is required to submit a bid in order to obtain the construction permit). See id. �� 1.2107, 1.2109, 1.2112, 73.5003, 73.5005. See First R&O, 25 FCC Rcd at 1586, 1593, 1596-97. Id. at 1593. Cf. 47 C.F.R. � 73.7002(c). See supra paragraph 8 regarding qualifications for the Tribal Priority. The original Tribal Allotment proponent may make such a request by sending a letter to the staff of the Audio Division, Media Bureau, during the TQ Window. The time between adding a vacant allotment and its auction will vary based on the number of allotments awaiting auction, but this time
    • http://www.fcc.gov/mb/audio/bickel/amfmrule.html
      • applicable to Class A television stations. [871]TEXT [872]PDF 73.6027 Class A TV notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like
    • http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
      • applicable to Class A television stations. [824]TEXT [825]PDF 73.6027 Class A TV notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [826]TEXT [827]PDF 73.7000 Definition of terms (as used in subpart K only). [828]TEXT [829]PDF 73.7001 Services subject to evaluation by point system. [830]TEXT [831]PDF 73.7002 Fair distribution of service on reserved band FM channels. [832]TEXT [833]PDF 73.7003 Point system selection procedures. [834]TEXT [835]PDF 73.7004 Petitions to deny tentative selectee(s). [836]TEXT [837]PDF 73.7005 Holding period. References 1. http://transition.fcc.gov/fcc-bin/bye?http://www.access.gpo.gov/index.html 2. http://transition.fcc.gov/fcc-bin/bye?http://www.gpoaccess.gov/cfr/index.html 3. http://transition.fcc.gov/fcc-bin/audio/part74rule.html 4. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AM 5. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FM 6. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FMED 7. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#TV 8. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#LPFM 9. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#COMMON 10. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AUCTION 11. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#CLASSATV 12. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#POINT 13. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.1.htm 14. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.1.pdf 15. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.14.htm