FCC Web Documents citing 73.7005

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

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  • the Petition for Reconsideration filed on April 26, 2007, by Moody Bible Institute of Chicago IS DISMISSED. IT IS FURTHER ORDERED, That the Petition to Deny filed on May 1, 2007, by Moody Bible Institute of Chicago IS DENIED. IT IS FURTHER ORDERED, That the application of Hyles-Anderson College (File No. BPED-19891019MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of Moody Bible Institute of Chicago (File No. BPED-19910409MF) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Hyles-Anderson College See
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  • also failed to show that the grant of UMass's application would be contrary to the public interest. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by the Talking Information Center IS DENIED. IT IS FURTHER ORDERED, That the application of University of Massachusetts (File No. BNPED-20000118ABT) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of the Talking Information Center (File No. BNPED-20000118ADQ) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: University of Massachusetts See
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  • DENIED in all other respects. IT IS FURTHER ORDERED, That Mary V. Harris Foundation hereby IS ADMONISHED for its failure to file timely amendments disclosing its additional ownership interests, as required by Section 1.65 of the Rules. IT IS FURTHER ORDERED, That the application of Mary V. Harris Foundation (File No. BNPED-19980420MJ) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of JPI Radio, Inc. (File No. BPED-19970728MA) IS DISMISSED. IT IS FURTHER ORDERED, That the mutually exclusive application of CSN International (File No. BPED-19980417MI)
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  • waived with respect to the ownership change in Research Foundation, California State University at Chico. IT IS FURTHER ORDERED, That the Commission's data base is corrected to reflect that the name of the applicant in File Nos. BPED-19880610ML and BLED-19931123KD is Research Foundation, California State University at Chico, and that the applications ARE GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point systemIT IS FURTHER ORDERED, That the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19900129MH) IS
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  • of Truckee Meadows Community College (now Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College). IT IS FURTHER ORDERED, That the application of Board of Regents, University of Nevada System of Higher Education on behalf of Truckee Meadows Community College (File No. BPED-19951127MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive applications of Thomas Aquinas School (File No. BPED-19950718MA) and of Stockton Christian Life College (File No. BPED-19951113MB) ARE DISMISSED. Sincerely, Peter H. Doyle Chief, Audio
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  • on May 2, 2007, by State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University IS DENIED. IT IS FURTHER ORDERED, That the application of Christian Arts and Education, Inc. to construct a new NCE station at Redding, California (File No. BPED-19950327MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19950713MB)
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  • that an alternative mounting of the antenna would alter the comparative positions of either applicant with respect to points or tiebreakers. Ordering Clauses. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by the University of Massachusetts, Boston, IS DENIED. IT IS FURTHER ORDERED, That the application IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of the University of Massachusetts, Boston (File No. BNPED-20000118ABS) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Lower Cape Communications,
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  • to Deny filed on May 2, 2007, by Mary V. Harris Foundation IS GRANTED to the extent indicated herein and DENIED in all other respects. IT IS FURTHER ORDERED, That the application of Holy Family Communications, Inc. to construct a new NCE station at Lancaster, New York (File No. (File No. BPED-19960920MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of Mary V. Harris Foundation (File No. BPED-19970516MA) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Holy Family Communications, Inc.
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  • 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. LS's 60 dBu contour encompasses 16,250 people. LS's claimed aggregated first and second NCE service is 15,843 people. See LS's Application,
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  • 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. Miles's 60 dBu contour encompasses 37,793 people. Miles's claimed aggregated first and second NCE service is 28,338 people. See Miles's Application,
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  • 2007. Because KSU did not file its Petition within the Commission's thirty-day deadline for challenging final actions, Christian Voice asserts that the Commission may not revisit the application grant. Beyond these procedural arguments, however, Christian Voice contends that Riverside made an inadvertent mistake on the Modification Application rather than intending to deceive the Commission; and that operations still satisfy Section 73.7005(b) of the Rules because the downgrade prohibition allows for a de minimis exception if the size of the downgrade is negligible. In its Opposition, Riverside simply joins and incorporates all of Christian Voice's arguments. III. DISCUSSION 6. Procedural Issues. Standing. Before reviewing the merits of KSU's pleading, we agree with Christian Voice's Opposition and find that KSU lacks standing to
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  • 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. See 47 C.F.R. § 73.7002(b). Id. See id. at § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. See Foundation Application, Questions III(1), III(2), and associated exhibits. Foundation's 60 dBu contour encompasses 312,385 people. Foundation's claimed aggregated first and
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  • Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. G/S's 60 dBu contour encompasses 7,601 people. G/S's claimed aggregated first and second NCE service is all 7,601 people. University's 60
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  • has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, it is the Bureau's intent TO DISMISS the mutually exclusive applications of Good Idea, Inc. (BPED-19990104MA) and Community Public Radio, Inc. (BPED-19990104MN) and TO GRANT the application of Central Florida Educational Foundation, Inc. (File No. BPED-19990104MP) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Christian Educational Association Daystar Public Radio, Inc. Good Idea, Inc.
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  • (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See Jordan's Application, Questions III(1), III(2), and associated exhibits. Jordan amended its showing several times, and we have used the lowest numbers reported for this analysis. Jordan's
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  • C.F.R. § 73.7000. . Applications filed in the window will be subject to the Commission's ``Red Light Rule'' implementing the Debt Collection Improvement Act. See 47 C.F.R. § 1.1910. Under this Rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. 47 C.F. R. §§ 73.7000 - 73.7005. See 47 C.F.R. § 73.7003(e). Id. See supra notes 1 and 2. See NCE Second Report and Order, 18 FCC Rcd at 6705 (``Reserved allotments will be conditioned on the construction and licensing of an NCE station that provides the requisite level of first and second NCE service. In the event that all applications for a reserved band allotment fail
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  • (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. § 73.7002(b). Id. Id. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See AWC Application, Questions III(1), III(2), and associated exhibits. AWC's 60 dBu contour encompasses 2,973 people and AWC claims that it would provide a first NCE service
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  • applicant need not satisfy the 5,000 person differential threshold. See Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001; Mass Media Bureau Provides Examples of Application of NCE Section 307(b) Criteria, Public Notice, 16 FCC Rcd 10892, 10894 (MB 2001). See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See Iowa State, CCO, and Grand Applications, Questions III(1), III(2), and associated exhibits. Iowa State's 60 dBu contour encompasses 35,604 people. Iowa State's claimed aggregated first and
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  • 5086 (2001) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See PCC and CCM Applications, Questions III(1), III(2), and associated exhibits. PCC claims that its 60 dBu contour encompasses 59,372 people, and that its claimed aggregated first
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  • the proposed use. Ordering Clauses. For the reasons set forth above, IT IS ORDERED that the Petition for Reconsideration and the Petition to Deny filed by Calvary Chapel of Thomasville, Inc., on December 17, 2010, are DENIED. IT IS FURTHER ORDERED, that the application of Colquitt Community Radio, Inc. (File No. BNPED-20071015AAM), IS GRANTED, CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Calvary Chapel of Thomasville, Inc. Colquitt Community Radio, Inc. CCT filed a Reply to the Opposition on January 11, 2011. See Media Bureau Identifies Groups of Mutually
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  • ORDERED, that the application for a new noncommercial educational FM station at Rome, New York (File No. BNPED-20071022AVJ), filed by Family Rosary Radio, IS DISMISSED. IT IS FURTHER ORDERED, that the application for a new noncommercial educational FM station at Middlebury, Vermont (File No. BNPED-20071018BDU), filed by Vermont Public Radio, IS GRANTED, conditioned upon Vermont Public Radio's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.
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  • a second NCE service by 42 people. We have, for example, denied downgrade requests where fair-distribution-favored applicants argued simply that they still would have prevailed over other applicants with the modified proposal; that the proposed losses of areas and population are small; and/or that proposed losses would be offset by proposed gains. Two key considerations guide our evaluation of Section 73.7005(c) waivers. A waiver may not undermine the service goals the rule seeks to advance. Secondly, a waiver may not be used to undermine the integrity of our comparative licensing scheme. Thus, in these circumstances, a permittee must show: (a) that the site loss was entirely beyond the permittee's control and not reasonably foreseeable; (b) that the permittee conducted a thorough
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  • hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the application, we direct the staff, by public notice, TO GRANT the application of the Board of Trustees of Jacksonville State University (File No. BNPED-20100226AFB) CONDITIONED UPON that applicant's compliance with Section 73.7005 of the Commission's Rules, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, which requires that the NCE station provide the requisite level of first and second NCE service. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau ASDA filed an Opposition to
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  • No. BPED-19990121MA) for a construction permit for a new noncommercial educational FM station in Cocoa Beach, Florida, IS HEREBY DISMISSED. IT IS FURTHER ORDERED that the application of Black Media Works (File No. BPED-19990730MA) for a construction permit for a new noncommercial educational FM station in Cocoa Beach, Florida, IS HEREBY GRANTED, conditioned upon Black Media Works' compliance with Section 73.7005 of the Commission's Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau CSN filed its petition on February 15, 2011. BMW filed an Opposition to Petition to Deny (``Opposition'') on February 25, 2011. CSN filed a Reply to Opposition to Petition to Deny (``Reply'') on March 7, 2011. Central filed its petition on April 8, 2011, seeking reinstatement of
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  • the technical proposal after the auction. ALM points out that in other contexts, the Commission requires a successful applicant to construct and operate technical facilities "substantially as proposed" and does not allow those successful applicants to "downgrade service to the area on which the preference is based for a period of four years of on-air operations, " 47 C.F.R. § 73.7005(b). However, ALM overlooks that the Commission has, through different mechanisms, imposed requirements designed to deter applicants from submitting over-ambitious and unrealistic applications and to punish those who do. Modification of pre-auction applications after auctions by winning bidders is limited. See, e.g., 47 C.F.R. §§ 73.3573(f)(5)(iii), 73.3522(a)(3). A winning bidder risks being subject to withdrawal, default, and disqualification payments, see 47
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  • Settlements and Supplements Extended/Mass Media Bureau provides Examples of Application of NCE Section 307(b) Criteria, 16 FCC Rcd 10892 (2001). The NCE Section 307(b) analysis applies only to full service FM applicants. NCE MO&O, 16 FCC Rcd at 5089. NCE R&O, 15 FCC Rcd at 7431; NCE MO&O, 16 FCC Rcd at 5089. Id. See 47 C.F.R. §§ 73.7003(b) and 73.7005. Points are awarded as follows: (a) 3 points for applicants that have been local to the community for at least two years; (b) 2 points for local diversity of ownership, i.e. if there is no overlap of the principal community contour of the proposed station and any other station attributable to the applicant; (c) 2 points for certain state-wide networks
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  • the filing of petitions to deny. If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff TO DISMISS the other 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
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  • Budget Reconciliation Act of 1985, Report and Order, 2 FCC Rcd 947, ¶ 73 (1987). In addition, we believe that NOG's proposed seven-year restraint on transfer of a new NCE permit would be inconsistent with the Commission's decision to impose a four-year holding period for new NCE stations awarded following an evaluation under the point system. See 47 C.F.R. § 73.7005. Moreover, we do not believe that a trafficking restriction would serve our goal of facilitating the expeditious processing of window-filed applications as effectively as the application cap that we adopt herein. With respect to Alleycat's proposal for granting up to ten applications out of twenty allowed to be filed, we note that such a procedure for dismissing applications accepted for
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  • we direct the staff, by public notice, TO DISMISS the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19900129MH), and TO GRANT the application of the Research Foundation, California State University, Chico (File No. BPED-19880610ML) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Group 89101E. Accordingly, IT IS ORDERED, That Hyles-Anderson College is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Crown Point, Indiana. We direct the staff to
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  • Center, Inc. ARE AFFORDED thereafter a period of ninety (90) days in which to reach a settlement or a mutually acceptable share-time arrangement. Further, we direct the staff TO GRANT the applications of Grant Educational Foundation (BNPEDT-20030922AFW) and Calvary Christian Center, Inc. (BNPEDT-20030919AAV) under the terms of an acceptable settlement or time-sharing agreement CONDITIONED UPON the selectees' compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. Section 73.7005, which sets forth a four-year holding period for applicants that are awarded points by use of a point system. IT IS FURTHER ORDERED, That in the event the tentative selectees are not able to reach an acceptable settlement or time-sharing arrangement, we direct the staff to DESIGNATE FOR HEARING the tentative selectees'
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  • after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff TO DISMISS the mutually exclusive application of Community Television Educators, Inc. (File No. BPET-19960930KG) and TO GRANT the application of Oral Roberts University (File No. BPET-19960621KE) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. §73.7005, which sets forth a four-year holding period for applicants that are awarded points by use of a point system. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary CONCURRING STATEMENT OF COMMISSIONER MICHAEL J. COPPS Re: Oral Roberts University, Community Television Educators, Inc., for a Construction Permit for a New Noncommercial Educational Television Station on
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  • explaining that benefits were ``granted to Indians not as a discrete racial group, but, rather, as members of quasi-sovereign tribal entities.'') and Narragansett Indian Tribe v. National Indian Gaming Commission, 158 F.3d 1335, 1340 (D.C. Cir. 1998) (``ordinary rational basis scrutiny applies to Indian classifications just as it does to other non-suspect classifications under equal protection analysis.''). 47 C.F.R. § 73.7005(b). See FCC Forms 175 and 301. The technical information, sometimes referred to as the ``tech box,'' is a subset of the information required for the Form 301 long-form application submitted in conjunction with Form 175. As discussed in the Broadcast First Report and Order, this short-form procedure is employed in the AM, FM and TV translator, and LPTV services, where
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  • University of Alaska (File No. BNPED-20071019AAI), Fairbanks Seventh-Day Adventist Church (File No. BNPED-20071019APR), Pioneer Baptist Church (File No. BNPED-20071022ANU), Fairbanks Catholic Radio (File No. BNPED-20071022AZI), Koahnic Broadcast Corporation (File No. BNPED-20071022BHK), and Educational Media Foundation (File No. BMPED-20071022BVO), and TO GRANT the application of Alaska Federation for Community Self Reliance (File No. BNPED-20071018AVG) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.
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  • substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Bright Light Broadcasting, Inc. (File No. BNPED-20071017DKZ) and Cameron University (File No. BNPED-20071018AUN), and TO GRANT the application of Kansas Catholic Educational Radio Corporation (File No. BNPED-20071016AIE) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.
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  • material question concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Pensacola Christian College, Inc. (File No. BNPED-20071018DFB) and Body of Christ Farm Community, Inc. (File No. BNPED-20071022BIQ), and TO GRANT the application of Delmarva Educational Association (File No. BNPED-20071022BCX) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.
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  • 1991). See, e.g., Morton, 417 U.S. at 555. Our attribution rules are found in 47 C.F.R. § 73.3555 and Notes 1 and 2 to that rule. Id. at 5248-49 and n.30. See supra para. 18. Id. See supra para. 26. Id. Id. See supra para. 13. See supra paras. 22-23. Rural NPRM, 24 FCC Rcd at 5250. 47 C.F.R. § 73.7005(b). H&D Comments at 4. H&D also suggests that we should more actively enforce the requirement that applicants have reasonable site assurance at the time of filing, noting that lack of reasonable site assurance ``can lead to a situation where a subsequent amendment or modification cannot serve substantially the same area.'' Id. However, site availability is not relevant in the context
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  • deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of Jimmy Jarrell Communications Foundation (File No. BNPED-20071012ARL), and TO GRANT the application of B. Jorden Communications Corp. (File No. BNPED-20071019ALV) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Group 10. Accordingly, IT IS ORDERED, That Jonesboro Seventh-Day Adventist Church is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Jonesboro, Arkansas and its application IS
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  • concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Calvary Fellowship, Inc. (File No. BNPED-20071022AGL), Joshua Springs Calvary Chapel (File No. BNPED-20071022BFR), and TBTA Ministries (File No. BNPED-20071015ADJ), and TO GRANT the application of Defuniak Springs Seventh-Day Adventist Church (File No. BNPED-20071022BMF) CONDITIONED UPON compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Group 57. Accordingly, IT IS ORDERED, That Neighborhoods United for a Better Alachua and Westside Baptist Church of Gainesville are TENTATIVELY SELECTED to be awarded construction permits ON A TIMESHARING BASIS for new
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  • 1996 (SBREFA), Pub. L. No. 104-121, Title II, 110 Stat. 857 (1996). See 5 U.S.C. § 603(a). Id. Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order and Further Notice of Proposed Rulemaking, 25 FCC Rcd 1583 (2010) (Commission Order establishing the broadcast Tribal priority). See also 47 C.F.R. §§ 73.7000 - 73.7005. See, e.g., 47 C.F.R. § 27.14(o)(1)(iii) (stating that a Broadband Radio Service or Educational Broadband Service licensee can meet the ``substantial service'' requirement for license renewal by, among other things, providing a required minimum level of service to rural areas). See 47 C.F.R. §§ 1.2107(e), 1.2110(f)(3)(i); see also Extending Wireless Telecommunications Services to Tribal Lands, WT Docket No. 99-266, Report
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  • BNPED-20100224ACV), The Moody Bible Institute of Chicago (File No. BNPED-20100225AAY), Serendipity Educational Broadcasting, Inc. (File No. BNPED-20100225ADF), Board of Trustees of Jacksonville State University (File No. BNPED-20100226AFB), Old Time Gospel Ministries (File No. BNPED-20100226AFM), and Smile FM (File No. BNPED-20100226AIC), and TO GRANT the application of Anniston Seventh-Day Adventist Church (File No. BNPED-20100226ABT) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. § 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE service. NCE Reserved Allotment Group 2. Accordingly,
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  • the staff to provide the tentatively selected applicants a ninety (90)-day period in which to reach a time-sharing agreement among themselves and, pursuant to an acceptable agreement, TO GRANT the applications of First Baptist Church of Hemet (File No. BNPED-20100225AAP), Codepink Redlands (File No. BNPED-20100226AJP) and Center for Public Deliberation (File No. BNPED-20100226AJQ) CONDITIONED UPON each selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. § 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE service. If the applicants are unable to
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  • after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of TBTA Ministries (File No. BNPED-20071015ABX) and TO GRANT the application of Archangel Communications (File No. BNPED-20071022BPM) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Group 25. Accordingly, IT IS ORDERED, that the tentative selection of Pataphysical Broadcasting Foundation, Inc. IS RESCINDED. IT IS FURTHER ORDERED, that the informal objection filed by Eschaton Foundation IS GRANTED to the
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  • the tied applicants in a mutually exclusive group may propose a time-share proposal, in which case the staff reviews and processes all of the tied applications. Id. Second, some of the tied applicants may submit a time-share proposal, in which case the time-sharers' points are aggregated. Id. Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Cf. 47 C.F.R. § 73.7005 (requiring permittees and licensees of new NCE stations to fulfill four-year ``holding period'' commitments for construction permits awarded pursuant to comparative criteria). See supra ¶ 62. Id. at 2276, ¶ 182. See also 47 C.F.R. §§ 73.561 & 73.850. 47 C.F.R. § 73.850(b). 47 C.F.R. § 73.561(b). See Petition for Reconsideration of Ace Radio Corp. et al., filed Feb. 19,
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  • on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: § 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period
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  • the tied applicants in a mutually exclusive group may propose a time-share proposal, in which case the staff reviews and processes all of the tied applications. Id. Second, some of the tied applicants may submit a time-share proposal, in which case the time-sharers' points are aggregated. Id. Ashbacker Radio Corp. v. FCC, 326 U.S. 327 (1945). Cf. 47 C.F.R. § 73.7005 (requiring permittees and licensees of new NCE stations to fulfill four-year ``holding period'' commitments for construction permits awarded pursuant to comparative criteria). See supra ¶ 62. Id. at 2276, ¶ 182. See also 47 C.F.R. §§ 73.561 & 73.850. 47 C.F.R. § 73.850(b). 47 C.F.R. § 73.561(b). See Petition for Reconsideration of Ace Radio Corp. et al., filed Feb. 19,
• http://transition.fcc.gov/fcc-bin/audio/NCEdeterminations.html
  • resources [45]www.USA.gov [Quick Links to Audio Division Information................] Retrieve FM Noncommercial Educational (NCE) Mutually Exclusive Application Determinations Conflicts between noncommercial educational (NCE) FM applications for construction permit, either between applications for new NCE stations or major change applications, will be resolved on the basis of points assigned to each application. See [46]Subpart K of the Commission's Rules, Sections 73.7000 through 73.7005. In situations where mutually exclusive (conflicting) applications for permits to construct new NCE stations serve different communities, the rules require the Commission to make a threshold determination as to whether grant of any application would further the fair, efficient, and equitable distribution of radio service among the communities. See 47 U.S.C. Section 307(b). The documents listed below represent the tentative
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • 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 more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________ [894]Skip FCC Footer and Contact Info Federal Communications Commission 445 12th Street SW Washington, DC
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  • on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: § 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period
• http://www.fcc.gov/Forms/Form314/314.pdf
  • application, the station has operated pursuant to that authorization for four years (48 months) on-air, pursuant to the Commission's minimum operating schedule. Applicants with stations not yet meeting the four-year holding period should answer "no" and provide an exhibit identifying the stations that have not met the holding period, and demonstrating that the transaction is consistent with 47 C.F.R. Section 73.7005(a). Pursuant to that rule section, the applicant must demonstrate the following: (1) that the proposed assignee would qualify for points equal to or greater than those of the party that prevailed in the point system; and (2) that consideration received and/or promised does not exceed the assignor's legitimate and prudent expenses in applying for and constructing the station. E. Item
• http://www.fcc.gov/Forms/Form315/315.pdf
  • application, the station has operated pursuant to that authorization for four years (48 months) on-air, pursuant to the Commission's minimum operating schedule. Applicants with stations not yet meeting the four-year holding period should answer "no" and provide an exhibit identifying the stations that have not met the holding period, and demonstrating that the transaction is consistent with 47 C.F.R. Section 73.7005(a). Pursuant to that rule section, the applicant must demonstrate the following: (1) that the proposed transferee would qualify for points equal to or greater than those of the party that prevailed in the point system; and (2) that consideration received and/or promised does not exceed the transferor's legitimate and prudent expenses in applying for and constructing the station. D. Item
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  • the Petition for Reconsideration filed on April 26, 2007, by Moody Bible Institute of Chicago IS DISMISSED. IT IS FURTHER ORDERED, That the Petition to Deny filed on May 1, 2007, by Moody Bible Institute of Chicago IS DENIED. IT IS FURTHER ORDERED, That the application of Hyles-Anderson College (File No. BPED-19891019MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of Moody Bible Institute of Chicago (File No. BPED-19910409MF) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Hyles-Anderson College See
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  • also failed to show that the grant of UMass's application would be contrary to the public interest. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by the Talking Information Center IS DENIED. IT IS FURTHER ORDERED, That the application of University of Massachusetts (File No. BNPED-20000118ABT) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of the Talking Information Center (File No. BNPED-20000118ADQ) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: University of Massachusetts See
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  • DENIED in all other respects. IT IS FURTHER ORDERED, That Mary V. Harris Foundation hereby IS ADMONISHED for its failure to file timely amendments disclosing its additional ownership interests, as required by Section 1.65 of the Rules. IT IS FURTHER ORDERED, That the application of Mary V. Harris Foundation (File No. BNPED-19980420MJ) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of JPI Radio, Inc. (File No. BPED-19970728MA) IS DISMISSED. IT IS FURTHER ORDERED, That the mutually exclusive application of CSN International (File No. BPED-19980417MI)
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  • waived with respect to the ownership change in Research Foundation, California State University at Chico. IT IS FURTHER ORDERED, That the Commission's data base is corrected to reflect that the name of the applicant in File Nos. BPED-19880610ML and BLED-19931123KD is Research Foundation, California State University at Chico, and that the applications ARE GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point systemIT IS FURTHER ORDERED, That the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19900129MH) IS
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  • of Truckee Meadows Community College (now Board of Regents of the Nevada System of Higher Education for the Benefit of Truckee Meadows Community College). IT IS FURTHER ORDERED, That the application of Board of Regents, University of Nevada System of Higher Education on behalf of Truckee Meadows Community College (File No. BPED-19951127MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive applications of Thomas Aquinas School (File No. BPED-19950718MA) and of Stockton Christian Life College (File No. BPED-19951113MB) ARE DISMISSED. Sincerely, Peter H. Doyle Chief, Audio
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  • on May 2, 2007, by State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University IS DENIED. IT IS FURTHER ORDERED, That the application of Christian Arts and Education, Inc. to construct a new NCE station at Redding, California (File No. BPED-19950327MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19950713MB)
• http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.pdf
  • that an alternative mounting of the antenna would alter the comparative positions of either applicant with respect to points or tiebreakers. Ordering Clauses. Accordingly, IT IS ORDERED, That the Petition to Deny filed on May 2, 2007, by the University of Massachusetts, Boston, IS DENIED. IT IS FURTHER ORDERED, That the application IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of the University of Massachusetts, Boston (File No. BNPED-20000118ABS) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Lower Cape Communications,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • to Deny filed on May 2, 2007, by Mary V. Harris Foundation IS GRANTED to the extent indicated herein and DENIED in all other respects. IT IS FURTHER ORDERED, That the application of Holy Family Communications, Inc. to construct a new NCE station at Lancaster, New York (File No. (File No. BPED-19960920MA) IS GRANTED CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. IT IS FURTHER ORDERED, That the mutually exclusive application of Mary V. Harris Foundation (File No. BPED-19970516MA) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Holy Family Communications, Inc.
• http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
  • 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported by the applicants in their responses to Questions III(1) and (2) of their applications and associated exhibits. LS's 60 dBu contour encompasses 16,250 people. LS's claimed aggregated first and second NCE service is 15,843 people. See LS's Application,
• http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.pdf
  • 2007. Because KSU did not file its Petition within the Commission's thirty-day deadline for challenging final actions, Christian Voice asserts that the Commission may not revisit the application grant. Beyond these procedural arguments, however, Christian Voice contends that Riverside made an inadvertent mistake on the Modification Application rather than intending to deceive the Commission; and that operations still satisfy Section 73.7005(b) of the Rules because the downgrade prohibition allows for a de minimis exception if the size of the downgrade is negligible. In its Opposition, Riverside simply joins and incorporates all of Christian Voice's arguments. III. DISCUSSION 6. Procedural Issues. Standing. Before reviewing the merits of KSU's pleading, we agree with Christian Voice's Opposition and find that KSU lacks standing to
• http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.pdf
  • has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, it is the Bureau's intent TO DISMISS the mutually exclusive applications of Good Idea, Inc. (BPED-19990104MA) and Community Public Radio, Inc. (BPED-19990104MN) and TO GRANT the application of Central Florida Educational Foundation, Inc. (File No. BPED-19990104MP) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Christian Educational Association Daystar Public Radio, Inc. Good Idea, Inc.
• http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
  • (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See Jordan's Application, Questions III(1), III(2), and associated exhibits. Jordan amended its showing several times, and we have used the lowest numbers reported for this analysis. Jordan's
• http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
  • (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. §§ 1.65 and 73.7003(e). See FCC Form 340, Instructions for Section III, Questions 1 and 2; Exhibit 6. . See 47 C.F.R. § 73.7002(b). Id. Id. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See AWC Application, Questions III(1), III(2), and associated exhibits. AWC's 60 dBu contour encompasses 2,973 people and AWC claims that it would provide a first NCE service
• http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.pdf
  • applicant need not satisfy the 5,000 person differential threshold. See Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001; Mass Media Bureau Provides Examples of Application of NCE Section 307(b) Criteria, Public Notice, 16 FCC Rcd 10892, 10894 (MB 2001). See 47 C.F.R. § 73.7002(b). Id. 47 C.F.R. § 73.7005(b). Specifically, information relating to the applicants' Section 307(b) claims including, where applicable, populations receiving first and/or second NCE radio services were reported in applicant responses to Questions III(1) and (2) and associated exhibits. See Iowa State, CCO, and Grand Applications, Questions III(1), III(2), and associated exhibits. Iowa State's 60 dBu contour encompasses 35,604 people. Iowa State's claimed aggregated first and
• http://www.fcc.gov/fcc-bin/audio/DA-11-1245A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1245A1.pdf
  • the proposed use. Ordering Clauses. For the reasons set forth above, IT IS ORDERED that the Petition for Reconsideration and the Petition to Deny filed by Calvary Chapel of Thomasville, Inc., on December 17, 2010, are DENIED. IT IS FURTHER ORDERED, that the application of Colquitt Community Radio, Inc. (File No. BNPED-20071015AAM), IS GRANTED, CONDITIONED UPON its compliance with Section 73.7005 of the Commission's Rules, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Calvary Chapel of Thomasville, Inc. Colquitt Community Radio, Inc. CCT filed a Reply to the Opposition on January 11, 2011. See Media Bureau Identifies Groups of Mutually
• http://www.fcc.gov/fcc-bin/audio/DA-11-665A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-665A1.pdf
  • ORDERED, that the application for a new noncommercial educational FM station at Rome, New York (File No. BNPED-20071022AVJ), filed by Family Rosary Radio, IS DISMISSED. IT IS FURTHER ORDERED, that the application for a new noncommercial educational FM station at Middlebury, Vermont (File No. BNPED-20071018BDU), filed by Vermont Public Radio, IS GRANTED, conditioned upon Vermont Public Radio's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.
• http://www.fcc.gov/fcc-bin/audio/DA-12-287A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-287A1.pdf
  • a second NCE service by 42 people. We have, for example, denied downgrade requests where fair-distribution-favored applicants argued simply that they still would have prevailed over other applicants with the modified proposal; that the proposed losses of areas and population are small; and/or that proposed losses would be offset by proposed gains. Two key considerations guide our evaluation of Section 73.7005(c) waivers. A waiver may not undermine the service goals the rule seeks to advance. Secondly, a waiver may not be used to undermine the integrity of our comparative licensing scheme. Thus, in these circumstances, a permittee must show: (a) that the site loss was entirely beyond the permittee's control and not reasonably foreseeable; (b) that the permittee conducted a thorough
• http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.pdf
  • No. BPED-19990121MA) for a construction permit for a new noncommercial educational FM station in Cocoa Beach, Florida, IS HEREBY DISMISSED. IT IS FURTHER ORDERED that the application of Black Media Works (File No. BPED-19990730MA) for a construction permit for a new noncommercial educational FM station in Cocoa Beach, Florida, IS HEREBY GRANTED, conditioned upon Black Media Works' compliance with Section 73.7005 of the Commission's Rules. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau CSN filed its petition on February 15, 2011. BMW filed an Opposition to Petition to Deny (``Opposition'') on February 25, 2011. CSN filed a Reply to Opposition to Petition to Deny (``Reply'') on March 7, 2011. Central filed its petition on April 8, 2011, seeking reinstatement of
• http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-00-120A1.txt
  • on DTV allotments designated with a ``c'' are required to comply with paragraph (g) of this section. ***** 8. Section 73.1150 is amended by adding a new paragraph (d) to read as follows: § 73.1150 Transferring a station ***** (d) Authorizations awarded pursuant to the noncommercial educational point system in Subpart K are subject to the holding period in Section 73.7005. Applications for an assignment or transfer filed prior to the end of the holding period must demonstrate the factors enumerated therein. 9. Section 73.3522 is amended to revise paragraph (b) to read as follows: § 73.3522 Amendment of applications ***** (b) Reserved Channel FM and reserved noncommercial educational television stations- Applications may be amended after Public Notice announcing a period
• http://www.fcc.gov/fcc-bin/audio/FCC-06-176A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-176A1.pdf
  • the filing of petitions to deny. If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff TO DISMISS the other 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
• http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
  • we direct the staff, by public notice, TO DISMISS the mutually exclusive application of State of Oregon Acting by and through the State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-19900129MH), and TO GRANT the application of the Research Foundation, California State University, Chico (File No. BPED-19880610ML) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. § 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system. Group 89101E. Accordingly, IT IS ORDERED, That Hyles-Anderson College is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Crown Point, Indiana. We direct the staff to
• http://www.fcc.gov/mb/audio/NCEdecisions.html
  • resources [45]www.USA.gov [Quick Links to Audio Division Information................] Retrieve FM Noncommercial Educational (NCE) Mutually Exclusive Application Determinations Conflicts between noncommercial educational (NCE) FM applications for construction permit, either between applications for new NCE stations or major change applications, will be resolved on the basis of points assigned to each application. See [46]Subpart K of the Commission's Rules, Sections 73.7000 through 73.7005. In situations where mutually exclusive (conflicting) applications for permits to construct new NCE stations serve different communities, the rules require the Commission to make a threshold determination as to whether grant of any application would further the fair, efficient, and equitable distribution of radio service among the communities. See 47 U.S.C. Section 307(b). The documents listed below represent the tentative
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • 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 more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________ [894]Skip FCC Footer and Contact Info Federal Communications Commission 445 12th Street SW Washington, DC
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • 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 16. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.14.pdf 17. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.21.htm 18. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.21.pdf 19. http://www.fcc.gov/fcc-bin/audio/amclasses.html 20. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.23.htm 21. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.23.pdf 22. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.24.htm 23. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.24.pdf 24. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.25.htm 25. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.25.pdf 26. http://www.fcc.gov/fcc-bin/audio/amclasses.html 27. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.26.htm 28. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.26.pdf 29.
• http://www.fcc.gov/ogc/documents/opinions/2004/00-1310-051104.pdf
  • tions. Order ¶ 89. Also, the FCC will conduct ``acceptability studies'' for each applicant who has the most points. Id. ¶ 90. If an application is deemed unacceptable after investigation, the FCC will return it. Finally, winning applicants must maintain the characteristics for which they received points for at least four years of the eight-year license term. 47 C.F.R. § 73.7005(a). During that period, any entity that buys the station must demonstrate eligibility for the same number of points as the selling applicant had. Id. The system awards points as follows: 1 two points for ``local diversity of ownership''; 1 one to two points for the ``best technical proposal''; 1 three points for ``established local entities''; and 1 two points for
• http://www.fcc.gov/transaction/nbc-telemundo/kmas-tv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/ksts_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/ktmd_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/kvda_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/kvea_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/kwhy-tv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/kxtx-tv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/wkaq-tv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/wnju_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/wscv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards
• http://www.fcc.gov/transaction/nbc-telemundo/wsns-tv_appli110101.html
  • 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a). [Exhibit 3] __________________________________________________________________ Section II - Transferor(s) 1. Certification. Transferor(s) certify that it (they) have answered each question in this application based on its (their) review of the application instructions and worksheets. Transferor(s) further certify that where it (they) have made an affirmative certification below, this certification constitutes its (their) representation that the application satisfies each of the pertinent standards