FCC Web Documents citing 73.7000

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

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • station will provide second NCE service to 10% and ind 2000 people population_served Population served based on the most recent census data int rule_73_313_c_ind Compliance with Rule 73.313c:Technical Parameters: All questions related to new ind area of coverage certification rule_73_3555_ind Compliance with Rule 73.3555: Is the applicant's certification based on its exclusion ind of translator station(s)? rule_73_7000_ind Compliance with Rule 73.7000: Established local applicant ind rule_73_7003_b_c_ind Compliance with Rule 73.7003b and c: State-wide network ind supplement_date The date on which the supplement was filed. datetime technical_points Technical Points int total_points Total Points int table name ownership_capitalization column name Entity-Attribute Definition Data Type application_id Uniquely identifies an application int 1/20/2012 Page 27 of 42 authorized_shares Number of Authorized Shares the owner holds
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  • combined first and second service to 8,500 out of 30,000 new potential listeners. D would receive a decisive first service preference for providing a first service to 4,000 out of a 40,000 potential listeners as of the snap-shot date. As a result of this decisive first service preference, no second service analysis would be undertaken. [-FCC-] See 47 C.F.R. § 73.7000 et seq. Initially, the Bureau will consider ``closed groups'' of mutually exclusive applications, i.e., groups comprised of NCE proposals that conflict with each other but are no longer subject to new competing applications. Those pending NCE applications that remain subject to competing proposals will not be evaluated until a filing window is opened for this purpose. See Comparative Standards for
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  • Friday or Saturday immediately before the WXXC(FM) permit expired. SCR also claims that it immediately thereafter dismantled the facility. We find that these steps do not constitute actual completion of construction as required by the Commission or authorized by the construction permit. Furthermore, the program tests described by SCR are insufficient to represent acceptable on-air operations as defined in Section 73.7000 of the Rules. The Enforcement Bureau's findings during the field inspection conducted two weeks after expiration of the construction permit, including the lack of power or telephone lines running to the shed located at the transmitter site, further supports the finding that WXXC(FM) was not fully constructed. Because SCR had not completed construction by the expiration of its construction permit,
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  • 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. § 73.7002. See Omnibus Order, __ FCC Rcd at ___ (¶ 73); 47 C.F.R. § 73.7003(c)(1). See 47 C.F.R. § 73.3573(b)(3). See Omnibus Order, __ FCC Rcd at ___ (¶¶ 202-03); 47 C.F.R. §§ 0.61(h), 0.283. Moody argues that had HAC filed a timely amendment reflecting a major change in ownership
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  • 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 Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). See 47 C.F.R. §§ 73.7000 - 05. Any changes made after that snapshot date could potentially reduce, but could not increase, an applicant's points. See Omnibus Order, __ FCC Rcd at ___ (¶ 3). Id. at ¶ 5. See 47 C.F.R. § 73.7004; Omnibus Order at ¶ 202. See Omnibus Order at ¶¶ 202-03; 47 C.F.R. §§ 0.61(h), 0.283. See Omnibus Order at ¶¶ 44-45.
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  • New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). Oppositions were filed by Iowa State University, University of Northern Iowa, University of Nevada, Southwest Allen County Schools, Spokane Public Radio, Temple University, University of Wyoming, and University of Kentucky. AFA has filed Replies to each Opposition. See 47 C.F.R. §§ 73.7000 - 05. See MX Groups With a Religious Network Applicant and a `Traditional' CPB/NTIA Funded Applicant (Petition, Exhibit 1). AFA objects to the tentative selection of the following applicants in the following respective groups: Group 94123E, Iowa State University; Group 95072E, University of Nevada; Group 95076E, Iowa State University; Group 960813, University of Northern Iowa; Group 961011, University of Northern
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  • because petitions to deny may be filed against the applicant tentatively selected pursuant to these point system determinations." See Omnibus Order, __ FCC Rcd at ___ ( ¶ 1). The April Submission is therefore dismissed. Moreover, as discussed in n.15, infra, the arguments therein would not have changed the outcome of this proceeding. See n.1, supra. See 47 C.F.R. §§ 73.7000 - 05. See Omnibus Order, __ FCC Rcd at ___ (¶ 3). Id. Id. at ¶ 5. See 47 C.F.R. § 73.7004; Omnibus Order at ¶ 202. See Omnibus Order at ¶¶ 202-03; 47 C.F.R. §§ 0.61(h), 0.283. See Omnibus Order at ¶ 13. See Omnibus Order at ¶ 249. Petition at 3. In its point supplement, filed July 19,
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  • `tentative' and took no final action with regard to any of 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.
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  • ARE DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Board of Regents, Nevada System of Higher Education Stockton Christian Life College 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 Omnibus Order, 22 FCC Rcd at 6132 - 33; 47 C.F.R. § 73.7003(c)(1). See Omnibus Order, 22 FCC Rcd at 6132 - 33; 47 C.F.R. §§ 0.61(h), 0.283. See Petition, Exhibit B. E.g., Harold A. Jahnke, Decision, 74 FCC 2d 276 (Rev. Bd. 1978); Community Telecasters of Cleveland, Inc., Decision, 58 FCC 2d 1296 (Rev. Bd. 1976).
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  • Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Maka'ainana Broadcasting Company, Ltd. Bible Broadcasting Network, 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 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) (``NCE Second Order''), aff'd
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  • `tentative' and took no final action with regard to any of 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.8, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. §§ 73.7000 - 05. See 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
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  • Doyle Chief, Audio Division Media Bureau cc: Merritt Island Public Radio, Inc. CSN International Black Media Works, 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 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) (``NCE Second Order''), aff'd
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  • No. BNPED-20000118ABS) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division 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
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  • Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Holy Family Communications, Inc. c/o Denise Moline, Esq. 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 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) (``NCE Second Order''), aff'd
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  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16. See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order''). See 47 U.S.C.
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  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16. See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order''). See 47 U.S.C.
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  • in the interest of a full and complete record in this proceeding, we will consider the arguments set forth in these filings. 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) (``Comparative Consideration Order''). Id. See 47 C.F.R. §§ 73.7000 - 05. See 47 C.F.R. § 73.7004; Comparative Consideration Order, 22 FCC Rcd at 6161 ¶ 202. See Comparative Consideration Order, 22 FCC Rcd at 6154 ¶ 174. See also FCC File No. BPED-19981211MA. Petition to Deny at 2. See id. See also Affidavit of Robert Kelley, President of Sound Broadcasters, Inc. (``Kelley Affidavit''). See Petition to Deny at 3.
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  • all-inclusive arrangement to pay only for engineering services actually used. Spirit Response at 4. Helpline Response at 4. Spirit Response, Exh. 3. See Spirit Response, Exh. 15. See 47 C.F.R. § 73.3587; Lowery Communications, Hearing Designation Order, 5 FCC Rcd 4222 (MB 1990). E.g., Randolph Victor Bell, Hearing Designation Order, 3 FCC Rcd 5365 (MB 1988). See 47 C.F.R. § 73.7000. Attributable interests can be direct or indirect. See 47 C.F.R. § 73.3555, n.1. Note 2 sets forth various cognizable interests including those of certain owners, partners, stockholders, officers, directors, and time brokers. Id. at n.2. See 47 C.F.R. § 73.7000. The Commission modified a similar equity/debt plus provision with respect to commercial applicants in 2008. See Promoting Diversity of Ownership,
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  • Commission's Rules, 47 C.F.R. § 73.3573, as part of its window-amended filing to avoid dismissal. Id.; See also Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, 6125 (2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16. See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order''). See 47 U.S.C.
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  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16. See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order''). See 47 U.S.C.
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  • were `tentative' and took no final action with regard to any of 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 Reconsideration Request is therefore dismissed. Moreover, as discussed infra, the arguments therein would not have changed the outcome of this proceeding See 47 C.F.R. §§ 73.7000 - 05. See 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) (``NCE Second Order''), aff'd
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  • required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
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  • reservation showings for approximately 500 FM channels. Media Bureau Opens Window to Permit Noncommercial Educational Reservation Showings for Certain Vacant FM Allotments, Public Notice, 18 FCC Rcd 19600 (MB 2003). In response, 129 petitioners sought to reserve 91 vacant FM allotments. The reserved FM channels listed in Attachment A ensued from these case-by-case Commission allotment decisions. See 47 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
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  • required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
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  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
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  • to Deny (``Opposition''); and on October 20, 2008, Midland filed a Reply to Opposition to Petition to Deny (``Reply''). File No. BNPED-20071022AWS. See Comparative Consideration of 12 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 23 FCC Rcd 12721 (MB 2008) (``Comparative Consideration Order''). See 47 C.F.R. §§ 73.7000 - 05. The two other applicants were: Saidnewsfoundation, which proposed to serve Pinconning, Michigan; and Partnership Ministries, Inc. d/b/a Passion Communications, which proposed to serve Shields, Michigan. Id. See also Smile Application, Questions III(1), III(2), and associated exhibits. Smile's 60 dBu contour encompasses 23,279 people, with first NCE service to 3,237 and second NCE service to 6,762 for an aggregated
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  • submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures (``Procedures PN''), Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (subsequent history omitted). See
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  • 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 Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 24 FCC Rcd 14531, 14533-4 (MB 2009) (``Comparative Consideration Order''). Id. See 47 C.F.R. §§ 73.7000 - 05. 47 U.S.C. § 307(b). See 47 U.S.C. § 307(b) (``In considering applications for licenses . . . when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of
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  • the staff to deny petitions for reconsideration based on the theory that the dismissed application is not mutually exclusive with the granted application.'' (internal citations omitted)). See Tentative Selectee Order 24 FCC Rcd at 12390 ¶ 2, citing Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. 47 C.F.R. § 73.525(d), which governs the technical facilities required of applicants for reserved-band (Channels 201-220) that will be collocated with television Channel 6 stations. Petition to Deny at 2 and n.1. Opposition at 2-4 and Attachment 2, Engineering Statement of Donald E. Mussell, Jr. In its November 20, 2009, Errata to its Opposition, HPR submitted a corrected
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  • with an educational purpose. See Catholic Social Club of Tennessee, Inc., Putnam County, Tennessee, Inc., 26 FCC Rcd 5057, 5059 (MB 2011). Hammock Environmental and Educational Community Services, 25 FCC Rcd 12804 (MB 2010). See Reexamination of Comparative Standards for Noncommercial Educational Applications, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132, 13137 (2002). See 47 C.F.R. § 73.7000. Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386, 7410 (2000). Comparative Consideration of 33 Groups of Mutually Exclusive Applications for Permits to Construct Noncommercial Educational Broadcast Stations, Memorandum Opinion and Order, 26 FCC Rcd 9058, 9082-85 (2011) (``Kaneohe, Hawaii''); Reexamination of Comparative Standards for Noncommercial Educational Applications, Memorandum Opinion and Second Order on
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  • with respect to the Morris Council, its members, or . the International Knights of Columbus. CSC Application, Section IV, Question 1, at 7, which asks applicants to certify whether or not ``. . . for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation.'' CSC Opposition at 6. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. CSC Opposition at
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  • in MX Group 337A were dismissed on August 9, 2010, and those dismissals are final orders. Comparative Consideration of 52 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations File in the October 2007 Filing Window, Memorandum Opinion and Order, 25 FCC Rcd 8793, 8815-16 (2010) (``Comparative Consideration Order''). See 47 C.F.R. § 73.7000 - 05. See also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rule Making, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rule Making, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order, 15 FCC Rcd 7386 (2000), vacated in part on other grounds sub nom. National Public Radio v. FCC,
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  • the residence of their directors and applicants that claim localism points based on the location of their headquarters, and requires all applicants claiming localism points to amend their governing documents to require that such localism be maintained. As an initial matter, we acknowledge that there is a discrepancy between the requirements for established local applicant points as outlined in Section 73.7000 of the Rules and as explained in the Instructions and worksheets to the Form 340. Section 73.7000 defines a local applicant as ``an applicant physically headquartered, having a campus, or having 75% of board members residing within 25 miles of the reference coordinates for the community to be served, or a governmental entity within its area of jurisdiction.'' Section 73.7003
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  • 10-station national cap as well as 2-year 1-station national cap and phase-in caps). NYSTA Petition at 7. This LPFM exception is inapplicable to full service NCE stations, for which there are no national ownership limits. Schools with multiple campuses applying for full service NCE stations are directed to the definition of attribution and the selection standards in 47 C.F.R. § 73.7000 and § 73.7003. Report and Order, 15 FCC Rcd at 2225, ¶ 50. Id. at 2217, ¶ 29. Id. at 2223, ¶ 44. We use the term ``community'' to refer to the very small area and population group that makes up a station's potential service area and audience. Id. For purposes of the LPFM local ownership rules, we require that
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  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
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  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
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  • measured from the community's center coordinates. Only primary residences qualify. An applicant relying on a local board residence to claim points as an established local applicant must demonstrate that its governing documents, i.e. by-laws, require that such localism be maintained for at least four years of station operations. See NCE R&O, 15 FCC Rcd at 7410, 7419. 47 C.F.R. § 73.7000. We adopted the requirement that the applicant be ``established'' to ensure the bona fides of ``local'' qualification claims, to establish the applicant's educational credentials in the particular locality, and to foster participation by truly local entities in noncommercial educational broadcasting. NCE R&O, 15 FCC Rcd at 7410; NCE MO&O, 16 FCC Rcd at 5093. We also noted that an organization
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  • U.S.C. 397(6) and 47 C.F.R. § 53.503(a) (for radio) and 47 C.F.R. § 73.621(a) (for television).'' 47 C.F.R. § 1.2105(b)(2). This prohibition extends to applicants for all services, including those that are exempt from the anti-collusion rule and thus may pursue settlement opportunities and ultimately make certain amendments to their applications. Id. § 73.5002(c). Kaleidoscope at 2. 47 C.F.R. § 73.7000 et seq. These rules are currently subject to challenge in court. See supra, note 6. We will determine which applications are mutually exclusive for these purposes in accordance with the Commission's current practices for the respective broadcast services. See In the Matter of Section 309(j) of the Communications Act - Competitive Bidding for Commercial Broadcast and Instructional Television Fixed Service
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  • on-air fundraising dollars might otherwise flow to the legislature for other purposes. See Commission Policy Concerning the Noncommercial Nature of (continued from previous page) Educational Broadcasting Stations, 97 FCC Rcd 255 (1984) (``noncommercial stations are prohibited from conducting any fundraising activity . . . designed to raise support for any entity other that the station itself.''). See 47 C.F.R. § 73.7000. Id. at 5091. See NCE MO&O, 16 FCC Rcd at 5091-93. Even had we accepted VTF's position and considered it an established local applicant, VTF would not have been the tentative selectee in this proceeding. Under those circumstances, VTF would have been tied with EHC for 5 points. VTF would have lost the tiebreaker because it has more existing authorizations
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  • Rcd at 7437. See, e.g., Marc Fisher, To Air Is Divine, Say Backers of Imperiled Station, Washington Post, July 29, 2007, at N1 (bids for an NCE FM station in the Washington, D.C. market exceed $20 million as the ``noncommercial end of the FM dial has become a battlefield'' for parties seeking to obtain scarce spectrum). See 47 C.F.R. § 73.7000 et seq. See Electronic Filing of Documents in Rulemaking Proceedings, Report and Order, 13 FCC Rcd 11322, 11326, ¶ 8 (1998). An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's assistant, or other decision-making staff member, that, if written, is not served on other
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  • miles of the coordinates of Redding, California. It also certified that it had placed documentation supporting its certification in a local public file, which documentation it had submitted to the Commission. Although the Foundation demonstrated many activities in and contacts with Redding and Shasta County, it has not shown that it is an established local applicant, as defined in Section 73.7000 of the Rules. For purposes of that Rule, a corporation generally establishes its local credentials through the location of its headquarters or the residences of its board members. The record reflects that the Foundation is a corporation headquartered in Chico, California, well beyond 25 miles from Redding. The Foundation's facilities in Redding are functionally similar to a branch office and
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  • Rcd 7386 (2000); Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 5074, 5082 (2001); Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002); American Family Association, Inc., v. FCC & USA, aff'd, sub nom., 365 F. 3d 1156 (D.C. Cir. 2004); cert. denied, 125 S. Ct., 634 (2004). 47 C.F.R. §73.7003. 47 C.F.R. §73.7003(b)(1). 47 C.F.R. §73.7000. Report and Order, 15 FCC Rcd at 7418. Id. at 7410. In its amendment, Grant states that because no other applicant specifies service to greater than ten percent of the area and population as compared to the other applicants, it has submitted a larger figure of population served based on more current 2000 population figures. We will not factor that
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  • USA, 365 F. 3d 1156 (D.C. Cir. 2004), cert. denied, 125 S. Ct. 634 (2004); see also 47 C.F.R. § 73.7003. See 47 C.F.R. §73.7003(b)(1). NCE organizations involved in pending closed group proceedings, such as the applicants here, are considered "established" if they have operated as local entities since June 4, 1999. 17 FCC Rcd at 13135-36. See 47 C.F.R. §73.7000 for definition of ``local applicant.'' An applicant relying on local board residence to claim points as an established local applicant must demonstrate that its governing documents, i.e., by-laws, require that such localism be maintained for at least four years of station operations. 15 FCC Rcd at 7424-26. See 47 C.F.R. §73.7000. See 47 C.F.R. §73.7003(b)(2). See 47 C.F.R. §73.7003(b)(3). See
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  • prior to the October window, but not cut off from competing applications, were required to amend 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
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  • to the October window, but not cut off from competing applications were required to amend 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 -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
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  • 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''); 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
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  • Sections 4(i), 303(r), and 628 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 548, the Commission's Rules ARE HEREBY AMENDED as set forth in Appendix E. 88. IT IS FURTHER ORDERED that the rules adopted herein WILL BECOME EFFECTIVE 30 days after the date of publication in the Federal Register, except for Sections 73.3571(k), 73.7000, 73.7002(b), and 73.7002(c), which contain new or modified information collection requirements that require approval by the Office of Management and Budget (``OMB'') under the Paperwork Reduction Act (PRA), and which WILL BECOME EFFECTIVE after the Commission publishes a notice in the Federal Register announcing such approval and the relevant effective date. 89. IT IS FURTHER ORDERED that the Consumer and
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  • or major modifications that were on file prior to the October window, but not cut off 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
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  • the October window, but not cut off from competing applications were required to amend their applications 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
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  • Lands'' when referring to Native Nations, their governments, and their lands. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, 26 FCC Rcd 2556, 2557 n.1 (2011) (``Second R&O'' and ``Second FNPRM,'' as appropriate). See also 47 C.F.R. § 73.7000. Second FNPRM, 26 FCC Rcd at 2587. Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order and Further Notice of Proposed Rule Making, 25 FCC Rcd 1583, 1588-89, 1596-97 (2010) (``First R&O''). Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Notice of Proposed Rule Making, 24 FCC
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  • in Sections 4(i), 303(r), and 628 of the Communications Act of 1934, as amended, 47 U.S.C. §§ 154(i), 303(r), and 548, the Commission's Rules ARE HEREBY AMENDED as set forth in Appendix F. 83. IT IS FURTHER ORDERED that the rules adopted herein WILL BECOME EFFECTIVE 30 days after the date of publication in the Federal Register, except for Section 73.7000, which contains new or modified information collection requirements that require approval by the Office of Management and Budget (``OMB'') under the Paperwork Reduction Act (PRA), and which WILL BECOME EFFECTIVE after the Commission publishes a notice in the Federal Register announcing such approval and the relevant effective date. FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch APPENDIX A Initial Regulatory Flexibility Analysis
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  • 2150-2162 and 2500-2690 MHz Bands, Third Order on Reconsideration and Sixth Memorandum Opinion and Order and Fourth Memorandum Opinion and Order and Second Further Notice of Proposed Rulemaking and Declaratory Ruling, 23 FCC Rcd 5992 (2008). See Reply Comments of Native Public Media, WT Docket No. 03-66, Oct. 22, 2008, at 3. Id. WT Docket No. 03-66. 47 C.F.R. § 73.7000. See paragraph 23, infra; see also Appendix A (proposed rules). See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order and Further Notice of Proposed Rule Making, 25 FCC Rcd 1583, 1588 ¶ 9 (2010) (``Rural Radio Report and Order''), citing Tribal Policy Statement, 16 FCC Rcd at 4079. Id. Id., 25
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  • regulation of Indian affairs is not based upon impermissible classifications. Rather, such regulation is rooted in the unique status of Indians as `a separate people' with their own political institutions.'')) Rural Radio Order, 25 FCC Rcd at 1596. Majority ownership or control in this context is defined as more than 51 percent Tribal ownership or control. See 47 C.F.R. § 73.7000. Among other requirements, the Rural Radio Order stated that at least 50 percent of the principal community contour of the proposed radio facilities must cover Tribal lands (with the proviso that those lands need not all be the same Tribe's lands) and imposed additional obligations on recipients of the Tribal Priority. Rural Radio Order, 25 FCC Rcd at 1596-97. National
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  • 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''); 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). Non-reserved FM band channels reserved exclusively for NCE use appear with an asterisk designation in the Table of FM Allotments, Section 73.202 of the Commission's Rules. See 47 C.F.R. § 73.202. Sixty-seven vacant reserved FM allotments were available for application in the February 2010 window. See Reserved Allotment Notice at Attachment A. See 47
• 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
  • FCC Rcd 18680 (MB 2007). The applications in Group 95083E and Group 970312 were cut off from competing applications prior to the October 2007 window. Pre-window procedures applicable specifically to these groups are described further in Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5103-04 (2002) (``NCE MO&O''). 47 C.F.R. §§ 73.7000 - 73.7005. See id. § 73.7004(b). Non-reserved FM band channels reserved exclusively for NCE use appear with an asterisk designation in the Table of FM Allotments, Section 73.202 of the Commission's Rules. See 47 C.F.R. § 73.202. Sixty-seven vacant reserved FM allotments were available for application in the February 2010 window. See Reserved Allotment Notice at Attachment A. See 47
• 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
  • 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''); 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
• 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
  • proposing LPFM service to its community. However, before we seek comment on Native Nation participation in LPFM application proceedings, we must first ensure that, under our rules, Native Nations are eligible to apply for stations in the LPFM service. Accordingly, we propose to revise Section 73.853(a) of the rules by adding the following: ``(3) Tribal Applicants, as defined in Section 73.7000 of this Part, that will provide non-commercial radio services.'' We further propose to revise Section 73.853(b) of the rules by adding the following: ``(4) In the case of a Tribal Applicant, as defined in Section 73.7000 of this Part, the proposed site for the transmitting antenna is located on that Tribal Applicant's `Tribal Lands,' as defined in Section 73.7000 of
• 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
  • the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with Section 73.3527(e)(2), supporting documentation of points claimed, as described in the application form. (4) Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in Subpart K (Section 73.7000 et seq.) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications selected pursuant to the fair distribution procedures set forth in Section 73.7002; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in Section 73.7003; and acceptable applications. The
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • an entity may own only one LPFM station during the first two years of LPFM service.115 112 This LPFM exception is inapplicable to full service NCE stations, for which there are no national ownership limits. Schools with multiple campuses applying for full service NCE stations are directed to the definition of attribution and the selection standards in 47 C.F.R. § 73.7000 and § 73.7003. Report and Order, 15 FCC Rcd at 2225, ¶ 50. 113 Id. at 2217, ¶ 29. 114 Id. at 2223, ¶ 44. We use the term "community" to refer to the very small area and population group that makes up a station's potential service area and audience. Id. For purposes of the LPFM local ownership rules, we
• 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
  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
• 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
  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
• http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-12-28A1.pdf
  • proposing LPFM service to its community. However, before we seek comment on Native Nation participation in LPFM application proceedings, we must first ensure that, under our rules, Native Nations are eligible to apply for stations in the LPFM service. Accordingly, we propose to revise Section 73.853(a) of the rules by adding the following: ``(3) Tribal Applicants, as defined in Section 73.7000 of this Part, that will provide non-commercial radio services.'' We further propose to revise Section 73.853(b) of the rules by adding the following: ``(4) In the case of a Tribal Applicant, as defined in Section 73.7000 of this Part, the proposed site for the transmitting antenna is located on that Tribal Applicant's `Tribal Lands,' as defined in Section 73.7000 of
• http://transition.fcc.gov/fcc-bin/audio/NCEdeterminations.html
  • Federal Government 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
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • agreements. [865]TEXT [866]PDF 73.6024 Transmission standards and system requirements. [867]TEXT [868]PDF 73.6025 Antenna system and station location. [869]TEXT [870]PDF 73.6026 Broadcast regulations 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
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • station will provide second NCE service to 10% and ind 2000 people population_served Population served based on the most recent census data int rule_73_313_c_ind Compliance with Rule 73.313c:Technical Parameters: All questions related to new ind area of coverage certification rule_73_3555_ind Compliance with Rule 73.3555: Is the applicant's certification based on its exclusion ind of translator station(s)? rule_73_7000_ind Compliance with Rule 73.7000: Established local applicant ind rule_73_7003_b_c_ind Compliance with Rule 73.7003b and c: State-wide network ind supplement_date The date on which the supplement was filed. datetime technical_points Technical Points int total_points Total Points int table name ownership_capitalization column name Entity-Attribute Definition Data Type application_id Uniquely identifies an application int 1/20/2012 Page 27 of 42 authorized_shares Number of Authorized Shares the owner holds
• 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
  • the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with Section 73.3527(e)(2), supporting documentation of points claimed, as described in the application form. (4) Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in Subpart K (Section 73.7000 et seq.) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications selected pursuant to the fair distribution procedures set forth in Section 73.7002; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in Section 73.7003; and acceptable applications. The
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.txt
  • 10-station national cap as well as 2-year 1-station national cap and phase-in caps). NYSTA Petition at 7. This LPFM exception is inapplicable to full service NCE stations, for which there are no national ownership limits. Schools with multiple campuses applying for full service NCE stations are directed to the definition of attribution and the selection standards in 47 C.F.R. § 73.7000 and § 73.7003. Report and Order, 15 FCC Rcd at 2225, ¶ 50. Id. at 2217, ¶ 29. Id. at 2223, ¶ 44. We use the term ``community'' to refer to the very small area and population group that makes up a station's potential service area and audience. Id. For purposes of the LPFM local ownership rules, we require that
• 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
  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
• 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
  • It states that TV and Class C FM stations may cover as much as 50 miles. The National Federation of Community Broadcasters (``NFCB'') similarly proposes a standard of localism based on each station's coverage area, noting that rural stations may serve larger areas than urban stations. West Coast and SRG both also ask us to incorporate into 47 C.F.R. § 73.7000 the concept that government applicants are local within their jurisdiction. Real Life Educational Foundation proposes that an organization should be considered local if a majority (instead of 75%) of its board consists of local residents, because control rests with a majority of the board. It further asks us to clarify whether a new organization would qualify for points if board
• http://www.fcc.gov/Forms/Form340/340.pdf
  • application will provide Tribal Coverage of Tribal Lands occupied by the applicant Tribe(s); (3) the proposed community of license is located on Tribal Lands; and (4) the proposed facility would be the first local tribal-owned noncommercial educational transmission service at the proposed community of license. The applicant must meet all four criteria in order to claim the Tribal Priority. Section 73.7000 of the Commission's Rules (47 C.F.R. Section 73.7000) defines the terms "Tribe," "Tribal Applicant," "Tribal Coverage," and "Tribal Lands" used in this question. In that section of the Rules, the term "Federally- Recognized Indian Tribe" means any Indian or Alaska Native tribe, band, nation, pueblo, village or community which is acknowledged by the federal government to constitute a government-to-government relationship
• http://www.fcc.gov/Forms/Form349/349.pdf
  • will not receive any additional points for amendments made after the close of the application filing window. Yes No Preliminary Matter: Does this application provide fill-in service only? Established Local Applicant: Applicant certifies that for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained, and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation. 1. Yes (3 points) No (0 points) Diversity of Ownership: Applicant certifies that the principal community (city grade) contour of
• http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-1948A1.pdf
  • Friday or Saturday immediately before the WXXC(FM) permit expired. SCR also claims that it immediately thereafter dismantled the facility. We find that these steps do not constitute actual completion of construction as required by the Commission or authorized by the construction permit. Furthermore, the program tests described by SCR are insufficient to represent acceptable on-air operations as defined in Section 73.7000 of the Rules. The Enforcement Bureau's findings during the field inspection conducted two weeks after expiration of the construction permit, including the lack of power or telephone lines running to the shed located at the transmitter site, further supports the finding that WXXC(FM) was not fully constructed. Because SCR had not completed construction by the expiration of its construction permit,
• http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.pdf
  • 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. § 73.7002. See Omnibus Order, __ FCC Rcd at ___ (¶ 73); 47 C.F.R. § 73.7003(c)(1). See 47 C.F.R. § 73.3573(b)(3). See Omnibus Order, __ FCC Rcd at ___ (¶¶ 202-03); 47 C.F.R. §§ 0.61(h), 0.283. Moody argues that had HAC filed a timely amendment reflecting a major change in ownership
• http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.pdf
  • 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 Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). See 47 C.F.R. §§ 73.7000 - 05. Any changes made after that snapshot date could potentially reduce, but could not increase, an applicant's points. See Omnibus Order, __ FCC Rcd at ___ (¶ 3). Id. at ¶ 5. See 47 C.F.R. § 73.7004; Omnibus Order at ¶ 202. See Omnibus Order at ¶¶ 202-03; 47 C.F.R. §§ 0.61(h), 0.283. See Omnibus Order at ¶¶ 44-45.
• http://www.fcc.gov/fcc-bin/audio/DA-07-2712A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2712A1.pdf
  • New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 2007) (``Omnibus Order''). Oppositions were filed by Iowa State University, University of Northern Iowa, University of Nevada, Southwest Allen County Schools, Spokane Public Radio, Temple University, University of Wyoming, and University of Kentucky. AFA has filed Replies to each Opposition. See 47 C.F.R. §§ 73.7000 - 05. See MX Groups With a Religious Network Applicant and a `Traditional' CPB/NTIA Funded Applicant (Petition, Exhibit 1). AFA objects to the tentative selection of the following applicants in the following respective groups: Group 94123E, Iowa State University; Group 95072E, University of Nevada; Group 95076E, Iowa State University; Group 960813, University of Northern Iowa; Group 961011, University of Northern
• http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3969A1.pdf
  • because petitions to deny may be filed against the applicant tentatively selected pursuant to these point system determinations." See Omnibus Order, __ FCC Rcd at ___ ( ¶ 1). The April Submission is therefore dismissed. Moreover, as discussed in n.15, infra, the arguments therein would not have changed the outcome of this proceeding. See n.1, supra. See 47 C.F.R. §§ 73.7000 - 05. See Omnibus Order, __ FCC Rcd at ___ (¶ 3). Id. Id. at ¶ 5. See 47 C.F.R. § 73.7004; Omnibus Order at ¶ 202. See Omnibus Order at ¶¶ 202-03; 47 C.F.R. §§ 0.61(h), 0.283. See Omnibus Order at ¶ 13. See Omnibus Order at ¶ 249. Petition at 3. In its point supplement, filed July 19,
• http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.pdf
  • `tentative' and took no final action with regard to any of 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.
• http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.pdf
  • ARE DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Board of Regents, Nevada System of Higher Education Stockton Christian Life College 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 Omnibus Order, 22 FCC Rcd at 6132 - 33; 47 C.F.R. § 73.7003(c)(1). See Omnibus Order, 22 FCC Rcd at 6132 - 33; 47 C.F.R. §§ 0.61(h), 0.283. See Petition, Exhibit B. E.g., Harold A. Jahnke, Decision, 74 FCC 2d 276 (Rev. Bd. 1978); Community Telecasters of Cleveland, Inc., Decision, 58 FCC 2d 1296 (Rev. Bd. 1976).
• http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.pdf
  • Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Maka'ainana Broadcasting Company, Ltd. Bible Broadcasting Network, 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 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) (``NCE Second Order''), aff'd
• http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.pdf
  • `tentative' and took no final action with regard to any of 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.8, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. §§ 73.7000 - 05. See 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
• http://www.fcc.gov/fcc-bin/audio/DA-07-4181A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4181A1.pdf
  • Doyle Chief, Audio Division Media Bureau cc: Merritt Island Public Radio, Inc. CSN International Black Media Works, 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 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) (``NCE Second Order''), aff'd
• http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.pdf
  • No. BNPED-20000118ABS) IS DISMISSED. Sincerely, Peter H. Doyle Chief, Audio Division 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
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Holy Family Communications, Inc. c/o Denise Moline, Esq. 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 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) (``NCE Second Order''), aff'd
• http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16. See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order''). See 47 U.S.C.
• http://www.fcc.gov/fcc-bin/audio/DA-08-1661A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1661A1.pdf
  • in the interest of a full and complete record in this proceeding, we will consider the arguments set forth in these filings. 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) (``Comparative Consideration Order''). Id. See 47 C.F.R. §§ 73.7000 - 05. See 47 C.F.R. § 73.7004; Comparative Consideration Order, 22 FCC Rcd at 6161 ¶ 202. See Comparative Consideration Order, 22 FCC Rcd at 6154 ¶ 174. See also FCC File No. BPED-19981211MA. Petition to Deny at 2. See id. See also Affidavit of Robert Kelley, President of Sound Broadcasters, Inc. (``Kelley Affidavit''). See Petition to Deny at 3.
• http://www.fcc.gov/fcc-bin/audio/DA-08-1936A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1936A1.pdf
  • all-inclusive arrangement to pay only for engineering services actually used. Spirit Response at 4. Helpline Response at 4. Spirit Response, Exh. 3. See Spirit Response, Exh. 15. See 47 C.F.R. § 73.3587; Lowery Communications, Hearing Designation Order, 5 FCC Rcd 4222 (MB 1990). E.g., Randolph Victor Bell, Hearing Designation Order, 3 FCC Rcd 5365 (MB 1988). See 47 C.F.R. § 73.7000. Attributable interests can be direct or indirect. See 47 C.F.R. § 73.3555, n.1. Note 2 sets forth various cognizable interests including those of certain owners, partners, stockholders, officers, directors, and time brokers. Id. at n.2. See 47 C.F.R. § 73.7000. The Commission modified a similar equity/debt plus provision with respect to commercial applicants in 2008. See Promoting Diversity of Ownership,
• http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.pdf
  • were `tentative' and took no final action with regard to any of 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 Reconsideration Request is therefore dismissed. Moreover, as discussed infra, the arguments therein would not have changed the outcome of this proceeding See 47 C.F.R. §§ 73.7000 - 05. See 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) (``NCE Second Order''), aff'd
• http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
  • required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
• http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
  • required to submit amendments during the October 2007, window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
• http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.pdf
  • required to submit amendments during the October 2007 window to provide comparative and other information. See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007). See Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. See Comparative Consideration of 76 Groups of Mutually Exclusive Applications, Memorandum Opinion and Order, 22 FCC Rcd 6101, n.16 (2007). See also 47 C.F.R. §§ 0.61 and 0.283. See 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; Reexamination of Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) (``NCE Order'') (subsequent history
• http://www.fcc.gov/fcc-bin/audio/DA-10-1709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1709A1.pdf
  • to Deny (``Opposition''); and on October 20, 2008, Midland filed a Reply to Opposition to Petition to Deny (``Reply''). File No. BNPED-20071022AWS. See Comparative Consideration of 12 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 23 FCC Rcd 12721 (MB 2008) (``Comparative Consideration Order''). See 47 C.F.R. §§ 73.7000 - 05. The two other applicants were: Saidnewsfoundation, which proposed to serve Pinconning, Michigan; and Partnership Ministries, Inc. d/b/a Passion Communications, which proposed to serve Shields, Michigan. Id. See also Smile Application, Questions III(1), III(2), and associated exhibits. Smile's 60 dBu contour encompasses 23,279 people, with first NCE service to 3,237 and second NCE service to 6,762 for an aggregated
• http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-491A1.pdf
  • 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 Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 24 FCC Rcd 14531, 14533-4 (MB 2009) (``Comparative Consideration Order''). Id. See 47 C.F.R. §§ 73.7000 - 05. 47 U.S.C. § 307(b). See 47 U.S.C. § 307(b) (``In considering applications for licenses . . . when and insofar as there is demand for the same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among the several States and communities as to provide a fair, efficient, and equitable distribution of
• http://www.fcc.gov/fcc-bin/audio/DA-10-637A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-637A1.pdf
  • the staff to deny petitions for reconsideration based on the theory that the dismissed application is not mutually exclusive with the granted application.'' (internal citations omitted)). See Tentative Selectee Order 24 FCC Rcd at 12390 ¶ 2, citing Window Opened to Expedite Grant of New NCE Station Construction Permits, Public Notice, 22 FCC Rcd 19438 (MB 2007). 47 C.F.R. §§ 73.7000 - 7005. 47 C.F.R. § 73.525(d), which governs the technical facilities required of applicants for reserved-band (Channels 201-220) that will be collocated with television Channel 6 stations. Petition to Deny at 2 and n.1. Opposition at 2-4 and Attachment 2, Engineering Statement of Donald E. Mussell, Jr. In its November 20, 2009, Errata to its Opposition, HPR submitted a corrected
• http://www.fcc.gov/fcc-bin/audio/DA-11-1524A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1524A1.pdf
  • with an educational purpose. See Catholic Social Club of Tennessee, Inc., Putnam County, Tennessee, Inc., 26 FCC Rcd 5057, 5059 (MB 2011). Hammock Environmental and Educational Community Services, 25 FCC Rcd 12804 (MB 2010). See Reexamination of Comparative Standards for Noncommercial Educational Applications, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132, 13137 (2002). See 47 C.F.R. § 73.7000. Reexamination of Comparative Standards for Noncommercial Educational Applications, Report and Order, 15 FCC Rcd 7386, 7410 (2000). Comparative Consideration of 33 Groups of Mutually Exclusive Applications for Permits to Construct Noncommercial Educational Broadcast Stations, Memorandum Opinion and Order, 26 FCC Rcd 9058, 9082-85 (2011) (``Kaneohe, Hawaii''); Reexamination of Comparative Standards for Noncommercial Educational Applications, Memorandum Opinion and Second Order on
• http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-600A1.pdf
  • with respect to the Morris Council, its members, or . the International Knights of Columbus. CSC Application, Section IV, Question 1, at 7, which asks applicants to certify whether or not ``. . . for at least the 24 months immediately prior to application, and continuing through the present, it qualifies as a local applicant pursuant to 47 C.F.R. Section 73.7000, that its governing documents require that such localism be maintained and that it has placed documentation of its qualifications as an established local applicant in a local public inspection file and has submitted to the Commission copies of the documentation.'' CSC Opposition at 6. See Fox River Broadcasting, Inc., Order, 93 FCC 2d 127, 129 (1983). Id. CSC Opposition at
• http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.pdf
  • in MX Group 337A were dismissed on August 9, 2010, and those dismissals are final orders. Comparative Consideration of 52 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations File in the October 2007 Filing Window, Memorandum Opinion and Order, 25 FCC Rcd 8793, 8815-16 (2010) (``Comparative Consideration Order''). See 47 C.F.R. § 73.7000 - 05. See also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rule Making, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rule Making, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order, 15 FCC Rcd 7386 (2000), vacated in part on other grounds sub nom. National Public Radio v. FCC,
• http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.pdf
  • the residence of their directors and applicants that claim localism points based on the location of their headquarters, and requires all applicants claiming localism points to amend their governing documents to require that such localism be maintained. As an initial matter, we acknowledge that there is a discrepancy between the requirements for established local applicant points as outlined in Section 73.7000 of the Rules and as explained in the Instructions and worksheets to the Form 340. Section 73.7000 defines a local applicant as ``an applicant physically headquartered, having a campus, or having 75% of board members residing within 25 miles of the reference coordinates for the community to be served, or a governmental entity within its area of jurisdiction.'' Section 73.7003
• 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
  • the applicant shall submit to the FCC's public reference room and to a local public inspection file consistent with Section 73.3527(e)(2), supporting documentation of points claimed, as described in the application form. (4) Timely filed applications for new facilities or for major modifications for reserved FM channels will be processed pursuant to the procedures set forth in Subpart K (Section 73.7000 et seq.) Subsequently, the FCC will release Public Notices identifying: mutually exclusive groups of applications; applications selected pursuant to the fair distribution procedures set forth in Section 73.7002; applications received during the window filing period which are found to be non-mutually exclusive; tentative selectees determined pursuant to the point system procedures set forth in Section 73.7003; and acceptable applications. The
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  • on-air fundraising dollars might otherwise flow to the legislature for other purposes. See Commission Policy Concerning the Noncommercial Nature of (continued from previous page) Educational Broadcasting Stations, 97 FCC Rcd 255 (1984) (``noncommercial stations are prohibited from conducting any fundraising activity . . . designed to raise support for any entity other that the station itself.''). See 47 C.F.R. § 73.7000. Id. at 5091. See NCE MO&O, 16 FCC Rcd at 5091-93. Even had we accepted VTF's position and considered it an established local applicant, VTF would not have been the tentative selectee in this proceeding. Under those circumstances, VTF would have been tied with EHC for 5 points. VTF would have lost the tiebreaker because it has more existing authorizations
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  • miles of the coordinates of Redding, California. It also certified that it had placed documentation supporting its certification in a local public file, which documentation it had submitted to the Commission. Although the Foundation demonstrated many activities in and contacts with Redding and Shasta County, it has not shown that it is an established local applicant, as defined in Section 73.7000 of the Rules. For purposes of that Rule, a corporation generally establishes its local credentials through the location of its headquarters or the residences of its board members. The record reflects that the Foundation is a corporation headquartered in Chico, California, well beyond 25 miles from Redding. The Foundation's facilities in Redding are functionally similar to a branch office and
• http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-11-190A1.pdf
  • Lands'' when referring to Native Nations, their governments, and their lands. See Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Second Report and Order, First Order on Reconsideration, and Second Further Notice of Proposed Rule Making, 26 FCC Rcd 2556, 2557 n.1 (2011) (``Second R&O'' and ``Second FNPRM,'' as appropriate). See also 47 C.F.R. § 73.7000. Second FNPRM, 26 FCC Rcd at 2587. Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, First Report and Order and Further Notice of Proposed Rule Making, 25 FCC Rcd 1583, 1588-89, 1596-97 (2010) (``First R&O''). Policies to Promote Rural Radio Service and to Streamline Allotment and Assignment Procedures, Notice of Proposed Rule Making, 24 FCC
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • station will provide second NCE service to 10% and ind 2000 people population_served Population served based on the most recent census data int rule_73_313_c_ind Compliance with Rule 73.313c:Technical Parameters: All questions related to new ind area of coverage certification rule_73_3555_ind Compliance with Rule 73.3555: Is the applicant's certification based on its exclusion ind of translator station(s)? rule_73_7000_ind Compliance with Rule 73.7000: Established local applicant ind rule_73_7003_b_c_ind Compliance with Rule 73.7003b and c: State-wide network ind supplement_date The date on which the supplement was filed. datetime technical_points Technical Points int total_points Total Points int table name ownership_capitalization column name Entity-Attribute Definition Data Type application_id Uniquely identifies an application int 1/20/2012 Page 27 of 42 authorized_shares Number of Authorized Shares the owner holds
• http://www.fcc.gov/mb/audio/NCEdecisions.html
  • Federal Government 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
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • agreements. [865]TEXT [866]PDF 73.6024 Transmission standards and system requirements. [867]TEXT [868]PDF 73.6025 Antenna system and station location. [869]TEXT [870]PDF 73.6026 Broadcast regulations 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
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • agreements. [818]TEXT [819]PDF 73.6024 Transmission standards and system requirements. [820]TEXT [821]PDF 73.6025 Antenna system and station location. [822]TEXT [823]PDF 73.6026 Broadcast regulations 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
• http://www.fcc.gov/ogc/documents/opinions/2004/00-1310-051104.pdf
  • criterion to foster broadcast diversity by allow- ing the local public to be served by different NCE licensees. E.g., Order ¶ 29. An applicant has attributable interests in the licenses it owns and the licenses its owners own. ``Ownership interests'' are defined in the notes to 47 C.F.R. § 73.3555, the commer- cial ownership attribution rules. 47 C.F.R. §§ 73.3555(f), 73.7000. For example, a licensee gets no points for diversity if its broadcasting range (appropriately defined) overlaps with another licensee who is owned by the same person or corpo- ration. Also attributable to the applicant is an interest of an entity that both provides a third of the applicant's equity or debt and either provides more than 15 percent of the