FCC Web Documents citing 73.7003

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

• ftp://ftp.fcc.gov/pub/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • 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 in a station float class_of_stock Class of Stock varchar(60)
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  • Noncommercial Educational Applicants, 15 FCC Rcd 7386 (2000) (``NCE R&O''), clarified, NCE MO&O, 16 FCC Rcd 5074, recon. denied, 17 FCC Rcd 132 (2002) (subsequent history omitted). See 47 C.F.R. � 1.65. The snap-shot date is June 4, 2001, for ``fair distribution'' determinations pursuant to 47 C.F.R. � 73.7002 and most ``point system'' and ``tiebreaker'' criteria in 47 C.F.R. � 73.7003. See Public Notice, Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applications Due by June 4, 2001, 16 FCC Rcd 6893 (MMB Mar. 22, 2001), extended by Public Notice, Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001, 16 FCC Rcd 10892 (MMB May 24, 2001).
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  • 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 it would have been a ``suicide amendment'' resulting in dismissal of the application. See Petition at 8 citing C. Ray Helton, Hearing Designation Order, 4
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  • 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. See 47 C.F.R. 73.7003(b)(2). See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5094-95 (2001) (``NCE MO&O''). Id. See UMass Point Supplement, Exhibit E-2, p. 3. Id. at Exhibit E-2, p. 4. See Petition at 2-3. See Letter from Lawrence T. Bench, Interim General Counsel, UMass (May 31, 2007) (attached to Opposition to Petition to Deny).
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  • Public Notice, DA 07-1613 (rel. Apr. 4, 2007). See FCC Seeks Comment on Proposed Application Limit for NCE FM New Station Applications in October 12 - October 19, 2007 Window, FCC 07-145 (rel. Aug. 9, 2007). See NCE R&O, 15 FCC Rcd at 7418-20 (extending commercial attribution principles to NCE applications). NCE Omnibus Order at � 60. 47 C.F.R. � 73.7003(e). 47 C.F.R. � 73.7003(f)(3). See 47 C.F.R. � 73.7003(e). See 47 C.F.R. � 73.7002. See, e.g., Baker v. FCC, 834 F.2d 181 (D.C. Cir. 1987). See NCE MO&O, 16 FCC Rcd at 5083 (�26). See Mass Media Bureau Provides Examples of Application of NCE Section 307(b) Criteria, Public Notice, 16 FCC Rcd 10892 (MMB 2001). See NCE R&O, 15 FCC
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  • See also Bennett v. Spear, 520 U.S. 154, 177-78 (1997). The April Submission is therefore dismissed. Moreover, as discussed infra n.34, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6102; 47 C.F.R. � 73.7003(c)(1). See California Secretary of State Record for the University Foundation (Petition, Ex. 3). See File No. BPED-19880610ML (granted September 29, 1992). See Letter from Dennis Williams, FCC to University Foundation, Re: KFPR(FM) (Nov. 5, 1993) (Opposition, Ex. B). See File. No. BLED-19931123KD (granted Mar. 28, 1996). See State of Oregon, Memorandum Opinion and Order, 11 FCC Rcd 1843 (1996). See
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  • 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). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial
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  • application in 1996, there were no attribution standards for NCE applicants, but such standards were adopted in 2000 along with the point system. See NCE R&O, 15 FCC Rcd at 7418-20. See Application, Questions II(B), II(10)(a), Exhibit 1A. See MBC Board Resolution to Amend the ByLaws (June 4, 2001) (MBC Point Supplement, Exhibit 1 and Petition, Exhibit 1); 47 C.F.R. 73.7003(b)(1). See Petition at 8. See Opposition, Attachment D. See Point Supplement, Ex.1. CCHI has never claimed to qualify for those points by virtue of a local governing board. Petition at 3 - 4; Declaration of Clif Burchfield, Traffic Director, KLHT(AM) (Petition, Ex. 2). Petition at 4. See Reply at 4-5; Declaration of William D. Stonebraker, President, CCHI (June 3, 2007)
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  • (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (subsequent history omitted). See 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6131. Id. at 6131, 6164; 47 C.F.R. � 73.7003(c)(1). Oregon, in a footnote, also briefly cross-references arguments from the dismissed April Submission. See Petition at 3, n.11. Those arguments do not make a prima facie case that the tentative selection of CAE was erroneous. First, Oregon claimed that it should have received a fair distribution preference. The Commission's rules, however, are clear that a fair distribution analysis for NCE
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  • 2007). See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6159; 47 C.F.R. � 73.7003(c)(1). Specifically, Lower Cape and UMASS had attributable interests in one and 11 radio interests, respectively. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 12, 2007 DA 07-4233 In Reply Refer To: 1800B3-IB/DEB Released: October 12, 2007 � � � � + A F 7F T w x � � � � � � � � � �%���PNG �` �`
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  • concerning non-reserved channels omitted). Harris's application had been dismissed as short-spaced pursuant to Section 73.509, but was reinstated in April 2002. The Omnibus Order dismissed HFC's petition for reconsideration of Harris's reinstatement, and HFC has not contested that action. See Omnibus Order, 22 FCC Rcd at 6167. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7003(b)(2). See 47 C.F.R. � 73.7003(b)(1). See Omnibus Order, 22 FCC Rcd at 6135-36. HFC and Harris received five and two points respectively. Petition at 2. Id. at 3 (citing FCC Form 340, Question II(2)(2007)). Petition at 3. Id. (citing Blue Lake Academy, Inc., 20 FCC Rcd 12066, 12068-69 (MB 2005)). Opposition at 2. Id. at 3. HFC argues that it
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  • http://www.fcc.gov/mb/elecfile.html. For additional information, contact: Electronic filing assistance: Konrad Herling or David Trout, (202) 418-2662 Legal inquiries: Irene Bleiweiss, Amy Van de Kerckhove, or Peter H. Doyle, (202) 418-2700 Engineering inquiries: James Bradshaw or Rudy Bonacci, (202) 418-2700 By: Chief, Media Bureau - FCC - Although the Commission's Rules permit parties to settle at any time (see 47 C.F.R. � 73.7003(d)), we encourage applicants to take advantage of this limited opportunity to enter into settlements. The present window for settlements will provide an opportunity to promptly resolve groups of mutually exclusive applications and permit the expeditious authorization of new broadcast service to these applicants. The filing window opened on Friday, October 12, 2007. See Media Bureau Announces NCE FM New Station
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  • Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 3914 (MB 2008). Also pending are some singleton applications that seek various waivers. The staff will address those waiver requests separately. 47 C.F.R. � 73.3573(e)(4). 47 C.F.R. � 73.7004(d). See id at �� 73.7002 and 73.7003. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 4 = Z _H ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to
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  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to
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  • Opinion, 40 FCC 2d 1102 (1973). See Golden State Broadcasting, 102 FCC 2d at 797. 47 U.S.C. � 309(e); See also Area Christian Television, Inc., Memorandum Opinion and Order, 60 R.R. 2d 862 (1986) (informal objections, like petitions to deny, must contain adequate and specific factual allegations sufficient to warrant the relief requested). 47 U.S.C. � 307(b). 47 C.F.R. � 73.7003(b)(4). See id. � 73.7002. Id. � 73.7005(b) (such applicants also are prohibited from downgrading service ``to the one on which the [the fair distribution] preference is based'' during this period). See, e.g., Contemporary Media, Inc. v. FCC, 214 F.3d 187, 192 (D.C. Cir. 2000) (``Contemporary Media''); see also 47 U.S.C. � 308(b). See Contemporary Media, 214 F.3d at 193. 47
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  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to
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  • October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 3914 (MB 2008). See Media Bureau Identifies Groups of Mutually Exclusive Applications Submitted in the October 2007 Filing Window for Noncommercial Educational FM Stations, Public Notice, 23 FCC Rcd. 9508 (MB 2008). 47 C.F.R. � 73.3573(e)(4). 47 C.F.R. � 73.7004(d). See id. at �� 73.7002 and 73.7003. (...continued from previous page) (continued....) PUBLIC NOTICE Federal Communications Commission 445 12th St., S.W. Washington, D.C. 20554 News Media Information 202 / 418-0500 Internet: http://www.fcc.gov TTY: 1-888-835-5322 > B C _H C D ��PNG r v ��"r�9 I'6� �d�Y�͆aX ���; Wh� �X,�aX���y�]\\.W`h���va6l! �v"]�V�at�������-``````�"m(c)x<��G�<���={-N��J%t�<== �"""x ҍ� � ��(c)���!��'' �R)&� �A�� "���\��v`` � 6� ��
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  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd at 15051 (MB 2007) Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to
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  • its claimed numbers appeared significantly inaccurate. Id. CPR was eliminated because it certified that it was not entitled to a preference based on first service alone. Id. at 6112. Good and Pathway were eliminated because each proposed to provide a first local service to at least 5,000 fewer potential listeners than either Daystar or Central. Id. See 47 C.F.R. � 73.7003(b)(2). See Omnibus Order, 22 FCC Rcd at 6149. Daystar and Central received four and two points respectively. Id. at 6149, n.206, 6176. See Application, Question V(B)(29), Exhibit E-6. See 47 C.F.R. � 73.525(c). See 47 C.F.R. � 73.525(e)(2). See 47 C.F.R. � 73.525(e)(2)(iv). The technical exhibit to Post-Newsweek's May 2, 2007 filing shows a figure of 4,143 persons, while the
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  • 228 people. 47 C.F.R. � 73.7002(c) (emphasis added). See also NCE Order, 15 FCC Rcd at 7398; NCE MO&O, 16 FCC Rcd at 5088. See NCE Order, 15 FCC Rcd at 7398. NCE MO&O, 16 FCC Rcd at 5083. Similarly, changes made after the snap shot date may potentially diminish, but cannot enhance, an applicant's comparative position. 47 C.F.R. � 73.7003(e). See University of Oklahoma, et. al, Letter, 20 FCC Rcd. 11984 (MB 2005). Letter to James P. Pappas, Ref. 1800B3-ALV (MB May 13, 2007) (rejecting subsequent modification application for a new NCE station at Woodward, Oklahoma where permittee that received a first service preference would reduce its new first service population to 14,474 people (a loss of 2,123 people). See
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  • C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of the time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
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  • filed in the window will be subject to the Commission's ``Red Light Rule'' implementing the Debt Collection Improvement Act. See 47 C.F.R. � 1.1910. Under this Rule, the Commission will not process applications and other requests for benefits filed by parties that have outstanding debts owed to the Commission. 47 C.F. R. �� 73.7000 - 73.7005. See 47 C.F.R. � 73.7003(e). Id. See supra notes 1 and 2. See NCE Second Report and Order, 18 FCC Rcd at 6705 (``Reserved allotments will be conditioned on the construction and licensing of an NCE station that provides the requisite level of first and second NCE service. In the event that all applications for a reserved band allotment fail to propose such service, the
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  • C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of the time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
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  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
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  • 71385 (Dec. 9, 2004). Letter from Clay C. Pendarvis, Associate Chief, Video Division, to GED, c/o Stephen C. Simpson, Esq., et al., March 23, 2007 (``Dismissal Letter''). ; aff'd sub nom. American Family Association, Inc., et al. v. FCC & USA, 365 F. 3d 1156 (D.C. Cir. 2004), cert. denied, 125 S. Ct. 634 (2004); see also 47 C.F.R. � 73.7003. Petition at 4 (December 22, 2008). 47 C.F.R. �1.106(a)(1). Opposition to Petition at 1 (Dec. 31, 2008). Id. at 3-4. Letter from Barbara A. Kreisman, Chief, Video Division to GED, c/o Joseph E. Dunne III, June 25, 2010. 47 C.F.R. �1.106(a)(1). Bennett v. Spear, 520 US 154, 178 (1977) (holding an agency's action is final and reviewable only if, inter
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  • only one application should be granted out of each mutually exclusive group, while providing the competing applicants the opportunity to file again in the next filing window. Accordingly we direct 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 47 C.F.R. � 73.7003(d). Federal Communications Commission Washington, D.C. 20554 July 1, 2010 DA 10-1240 In Reply Refer to: 1800B3-MM Released: July 1, 2010 = J � ... � � � &`#$ �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.�
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  • and Order, 15 FCC Rcd 7386 (2000); Memorandum Opinion and Order on Reconsideration, 16 FCC Rcd 10549 (2001); Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002); aff'd. sub nom. American Family Association, Inc., et al. v. FCC & USA, 365 F. 3d 1156 (D.C. Cir. 2004), cert. denied, 125 S. Ct. 634 (2004); 47 C.F.R. � 73.7003. Oral Roberts University, Community Television Educators, Inc., For a Construction Permit for a New Noncommercial Educational television Station on DTV Channel *26, Tulsa, OK, Memorandum Opinion and Order, 23 FCC 17440 (2008). 16 FCC Rcd 10549, Appendix D ``Closed Groups of Pending Applications;'' see also 15 FCC Rcd at 7422, � 87. 47 C.F.R. � 73.7004. � � � $
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  • Palm Coast to assure it is a locally responsive organization''). If the Application were to be compared with other mutually exclusive applications under the point system, the staff would carefully review the Application to ensure Hammock supplied the requisite documentation to support its localism claim and would only award points if Hammock fully supported its claim. See 47 C.F.R. � 73.7003(b). The Commission rejects claims where an applicant certifies that it qualifies for points but fails to supply the requisite supporting information. 47 C.F.R. � 73.3525, which implements 47 U.S.C. � 311(c); see also NCE Settlement PN. Cornerstone further states that the Commission should also ``possibly'' reject the Hammock-JKJ and Hammock-Family settlement agreements. Cornerstone explains that it was unable to locate
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  • and capricious. While G/S argues that as many applications as possible should be granted, the Commission has determined that awarding licenses in light of the quality, not the number, of eligible applicants best serves the public interest. Additionally, G/S argues that ``there is no language in [Section 73.7002] limiting [the selection process] to only one round of analysis.'' However, Section 73.7003 clearly lays out point system selection procedures that instruct the Commission to perform only one round of analysis. In sum, NCE MX Group 306 underwent the same examination to determine a tentative selectee as its fellow groups. The composition of NCE MX Group 306 does not differ in any unique way from other NCE MX groups. G/S presents no special
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  • C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of the time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Procedures PN, 22 FCC Rcd at 15051; Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position. See 47 C.F.R. �� 1.65 and
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  • are awarded permits by use of a point system. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Calvary Chapel of Thomasville, Inc. Colquitt Community Radio, Inc. CCT filed a Reply to the Opposition on January 11, 2011. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). The Commission awarded CCT three points for being an established local applicant,
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  • (``Opposition'') on June 30, 2011, to which TSP filed a Reply to Opposition to Petition to Deny (``Reply'') on July 11, 2011. See Comparative Consideration of 37 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 26 FCC Rcd 7008, 7027 (2011) (``Comparative Consideration Order''). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (DC Cir. 2001). After calculating all points, BSCC was credited with five points; HFCN with
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  • Peter H. Doyle Chief, Audio Division Media Bureau IHR Educational Broadcasting filed an ``Opposition to Petition for Reconsideration'' on January 20, 2011. Oregon filed a ``Reply to Opposition to Petition for Reconsideration'' on January 31, 2011. Although Oregon claimed it would submit a Petition to Stay (Petition at 16), we have not received such a pleading. See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order, 15 FCC Rcd 7386 (2000), vacated in part on other grounds sub nom., National Public Radio v. FCC,
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  • Bristol Radio, Inc. (File No. BNPED-20071022BAU), and NC Friends Broadcasting, Inc. (File No. BNPED-20071022BOL). Each of these applications was dismissed by the staff on December 6, 2010. See Broadcast Actions, Public Notice, Report No. 47379 (rel. Dec. 9, 2010). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). See Comparative Consideration of 9 Groups
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  • Southwest Petition for Reconsideration was procedurally defective because it argued issues not addressed in the staff's December 1, 2010, dismissal of the Southwest Application. We find that consideration of the issues ``is required in the public interest.'' Localism and Diversity of Ownership. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. Three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates of the community of license are considered local. The applicant also must certify that it has placed
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  • Foundation Letter. This document includes a statement that Foundation ``has heretofore had no governing documents per se, but rather has been governed pursuant to the authority of its Father Prior, recognized in Canon Law, who presides over the Applicant in all respects.'' The Governing Resolutions primarily make certain factual commitments relating to a point system determination under 47 C.F.R. � 73.7003. Significantly, the Governing Resolutions do not amend or rescind - or, indeed, even appear to recognize the existence of - Foundation's Articles of Incorporation or Bylaws. That the Governing Resolutions did not change Foundation's board structure is evident from the fact that Foundation acknowledges, in its response to the Inquiry Letter, that the six individuals listed in note 16, supra,
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  • contends that it is nonetheless entitled to established local applicant points because its headquarters is within 25 miles of Cocoa Beach and has been since January of 1991. It further argues the Commission does not require an applicant to amend its governing documents when claiming points based on the location of the applicant's headquarters. In reply, CSN argues that Section 73.7003 of the Rules makes no distinction between applicants that claim localism points based upon 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
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  • 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 no entity own
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  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
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  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
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  • for NCE Settlements and Supplements Extended/Mass Media Bureau provides Examples of Application of NCE Section 307(b) Criteria, 16 FCC Rcd 10892 (2001). The NCE Section 307(b) analysis applies only to full service FM applicants. NCE MO&O, 16 FCC Rcd at 5089. NCE R&O, 15 FCC Rcd at 7431; NCE MO&O, 16 FCC Rcd at 5089. Id. See 47 C.F.R. �� 73.7003(b) and 73.7005. Points are awarded as follows: (a) 3 points for applicants that have been local to the community for at least two years; (b) 2 points for local diversity of ownership, i.e. if there is no overlap of the principal community contour of the proposed station and any other station attributable to the applicant; (c) 2 points for certain
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  • which any party to the application has an attributable interest, that their governing documents require that such diversity be maintained, and that they have placed documentation of this diversity in a local public inspection file and submitted copies to the Commission. Accordingly, each is entitled to two points. State-wide Networks. None of the applicants claim state-wide network points under Section 73.7003(b) of the Commission's rules. Technical Parameters. SBC proposes to operate at 5000 kw power at a height of 345 meters above average terrain, with its Grade B contour encompassing 19,588 square kilometers with a population of 683,427. CTE proposes to operate at 5000 kw power at a height of 259 meters above average terrain, with its Grade B contour encompassing
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  • any party to the application has an attributable interest, that its governing documents require that such diversity be maintained, and that it has placed documentation of this diversity in its local public inspection file and submitted copies to the Commission. Accordingly, CTE is entitled to two points. State-wide Networks. MAET certifies that it qualifies for state-wide network points under Section 73.7003(b) of the Commission's rules, because it is a public organization, without direct authority over schools, that regularly provides programming to all full-time elementary and secondary schools within the State of Mississippi, in furtherance of their curriculum. MAET also submits documentation regarding the number of accredited schools its Learning Services Division serves, as well as detailed telecourse information. Accordingly, MAET is
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  • application has an attributable interest, that their governing documents require that such diversity be maintained, and that they have placed documentation of this diversity in a local public inspection file and submitted copies to the Commission. Accordingly, Community, FEB and GED are each entitled to two points. State-wide Networks. IPBB states that it qualifies for state-wide network points under Section 73.7003(b) of the Commission's rules, because it is a public organization, without direct authority over schools, that regularly provides programming to over 50 accredited full-time elementary and secondary schools within Iowa, and to accredited public institutions of higher learning with more than five full-time campuses within Iowa, in furtherance of their curriculum, and intends to use the proposed station to increase
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  • File Required Information,'' 17 FCC Rcd 15706, 15707 (MB 2002). 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001) (``NCE MO&O''), reconsideration denied, 17 FCC Rcd 13132 (2002), appeal docketed, American Family Association v. F.C.C., No. 00-1310 (D.C. Cir. July 14, 2000) (subsequent history concerning non-reserved spectrum omitted). 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7003. NCE MO&O, 16 FCC Rcd at 5107-08. Id. Public Notice, ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applicants Due By June 4, 2001,'' 16 FCC Rcd 6893 (MMB 2001) (``Settlement Public Notice''); Public Notice, ``Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001,'' 16 FCC
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  • a Section 307(b) preference because it would not provide a new first or second service to ten percent of the population within its respective service area. All applicants in this group must, therefore, proceed to a point hearing. II. POINT SYSTEM SELECTION PROCESS The Commission compares mutually exclusive groups of NCE-FM applications under the point system set forth in Section 73.7003 of the Commission's Rules if, as a threshold matter, no applicant is entitled to a decisive preference under the fair distribution of service goals enunciated in Section 307(b). The NCE point system awards a maximum of seven merit points based on four distinct criteria. First, three points are awarded to applicants which have been local and established for at least
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  • a Section 307(b) preference are required to construct and operate technical facilities substantially as proposed, and cannot downgrade service to the area on which the preference was based for a period of four years of on-air operations. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. NCE authorizations awarded by use of a point system are subject to a holding period of four years of on-air operations. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two
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  • and have submitted copies to the Commission. On the basis of the information before us, we find LaDov, Rising Tide, Grant, Lesea, Calvary, ESP, and Amazing Facts are entitled to two point for diversity of ownership. State-wide Networks. KVIE, Calvary, Grant, and ESP certify that they are entitled to two points as members of a state-wide network pursuant to Section 73.7003(b) of the Commission's rules. In amendments, Calvary and Grant reported they are no longer claiming credit as a member of a state-wide network, but rather for diversity of ownership. Thus, they are not entitled to state-wide network points as originally claimed. With respect to ESP, the Commission made clear in the Report and Order adopting the comparative point system, ``no
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  • to the application has an attributable interest, that its governing documents require that such diversity be maintained, and that it has placed documentation of this diversity in a local public inspection file and has submitted copies to the Commission. Accordingly, CTE is entitled to two points for diversity of ownership. State-wide Networks. Neither applicant claims state-wide network points under Section 73.7003(b)(3) of the Commission's rules. Technical Parameters. The applicants did not submit technical information for the displacement applications specifying DTV Channel *26. Thus, no points will be awarded under this criterion. 4. Total. ORU is entitled to three points as an established local applicant. CTE is entitled to two points for diversity of ownership. Thus, ORU is the tentative selectee. ACCEPTABILITY
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  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
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  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
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  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-29A1.txt
  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-10-69A1.txt
  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.doc http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.pdf http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-11-67A1.txt
  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• 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
  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• 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
  • the remaining applicants can be selected or eliminated based on a Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At that stage, the remaining applicants proceed to a point system analysis. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates
• 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
  • been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must not alter the Section 73.7002 preference. (ii) Section 73.7003 Tentative Selectee. A Public Notice will announce that the application of a Section 73.7003 Tentative Selectee (selected through a point system) has been found acceptable for filing. If any Tentative Selectee's application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00349.pdf
  • 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 require that no
• 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
  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
• 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
  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________
• http://transition.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • 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 in a station float class_of_stock Class of Stock varchar(60)
• 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
  • been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must not alter the Section 73.7002 preference. (ii) Section 73.7003 Tentative Selectee. A Public Notice will announce that the application of a Section 73.7003 Tentative Selectee (selected through a point system) has been found acceptable for filing. If any Tentative Selectee's application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement
• 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
  • 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 no entity own
• 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
  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
• 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
  • cannot do so without some signal contour overlap and resulting loss of the diversity credit, would not be placed at a disadvantage in comparison to applicants serving a smaller number of schools or serving general listeners in locations that, unlike schools, are not site-specific. The credit is available to public and private state-wide networks, as defined in 47 C.F.R. � 73.7003(b)(3). That rule generally requires that the applicant's stations will provide programming to 50 accredited full time elementary/secondary schools, or five accredited full time college campuses in a single state, in furtherance of the school curriculum. Several petitioners urge us to either eliminate or modify our credit for state-wide networks. They object primarily to our inclusion of school curriculum in the
• http://www.fcc.gov/Forms/Form314/314.pdf
  • obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5000)? No Yes Exhibit No. If yes, list pertinent authorizations in an Exhibit. a. 8. No Yes Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? If yes to 8(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? No Yes Exhibit No. If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47 C.F.R. Section 73.7005(a).
• http://www.fcc.gov/Forms/Form315/315.pdf
  • are the subject of this application obtained through the Commission's competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5000)? Exhibit No. If yes, list pertinent authorizations in an Exhibit. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? 6. a. No Yes If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? b. Yes No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the transaction is consistent with the holding period requirements of 47
• http://www.fcc.gov/Forms/Form340/340.pdf
  • diversity in Question 2 above, it should complete Worksheet 5 to see whether it qualifies for a 2 point credit as a state-wide network. Applicants may not claim both the state-wide network and local diversity credit. Both public and private entities can qualify for the state-wide network credit, provided that they meet the requirements set out in 47 C.F.R. Section 73.7003(b)(3), which are incorporated into Worksheet 5. National and regional networks generally will not qualify for this credit. Applicants who determine, after completing Worksheet 5, that they qualify, should answer "Yes." All others should answer "No." Applicants claiming points as a state-wide network must place supporting documentation in their local public inspection file and submit to the Commission copies of the
• http://www.fcc.gov/Forms/Form349/349.pdf
  • diversity in Question 2 above, it should complete Worksheet 4 to see whether it qualifies for a 2 point credit as a state-wide network. Applicants may not claim both the state-wide network and local diversity credit. Both public and private entities can qualify for the state-wide network credit, provided that they meet the requirements set out in 47 C.F.R. Section 73.7003(b)(3), which are incorporated into Worksheet 4. National and regional networks generally will not qualify for this credit. Applicants who determine, after completing Worksheet 4, that they qualify should answer "Yes." All others should answer "No." Applicants claiming points as a state-wide network must place supporting documentation in their local public inspection file and submit to the Commission copies of the
• http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2680A1.pdf
  • 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 it would have been a ``suicide amendment'' resulting in dismissal of the application. See Petition at 8 citing C. Ray Helton, Hearing Designation Order, 4
• http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-2681A1.pdf
  • 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. See 47 C.F.R. 73.7003(b)(2). See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5094-95 (2001) (``NCE MO&O''). Id. See UMass Point Supplement, Exhibit E-2, p. 3. Id. at Exhibit E-2, p. 4. See Petition at 2-3. See Letter from Lawrence T. Bench, Interim General Counsel, UMass (May 31, 2007) (attached to Opposition to Petition to Deny).
• http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4136A1.pdf
  • See also Bennett v. Spear, 520 U.S. 154, 177-78 (1997). The April Submission is therefore dismissed. Moreover, as discussed infra n.34, the arguments therein would not have changed the outcome of this proceeding. See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6102; 47 C.F.R. � 73.7003(c)(1). See California Secretary of State Record for the University Foundation (Petition, Ex. 3). See File No. BPED-19880610ML (granted September 29, 1992). See Letter from Dennis Williams, FCC to University Foundation, Re: KFPR(FM) (Nov. 5, 1993) (Opposition, Ex. B). See File. No. BLED-19931123KD (granted Mar. 28, 1996). See State of Oregon, Memorandum Opinion and Order, 11 FCC Rcd 1843 (1996). See
• http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4137A1.pdf
  • 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). The Commission has since done away with permit extensions, and implemented tolling rules. See 1998 Biennial
• http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4138A1.pdf
  • application in 1996, there were no attribution standards for NCE applicants, but such standards were adopted in 2000 along with the point system. See NCE R&O, 15 FCC Rcd at 7418-20. See Application, Questions II(B), II(10)(a), Exhibit 1A. See MBC Board Resolution to Amend the ByLaws (June 4, 2001) (MBC Point Supplement, Exhibit 1 and Petition, Exhibit 1); 47 C.F.R. 73.7003(b)(1). See Petition at 8. See Opposition, Attachment D. See Point Supplement, Ex.1. CCHI has never claimed to qualify for those points by virtue of a local governing board. Petition at 3 - 4; Declaration of Clif Burchfield, Traffic Director, KLHT(AM) (Petition, Ex. 2). Petition at 4. See Reply at 4-5; Declaration of William D. Stonebraker, President, CCHI (June 3, 2007)
• http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4139A1.pdf
  • (2000) (``NCE R&O''), affirmed and clarified, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5106 (2001) (``NCE MO&O''), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (subsequent history omitted). See 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6131. Id. at 6131, 6164; 47 C.F.R. � 73.7003(c)(1). Oregon, in a footnote, also briefly cross-references arguments from the dismissed April Submission. See Petition at 3, n.11. Those arguments do not make a prima facie case that the tentative selection of CAE was erroneous. First, Oregon claimed that it should have received a fair distribution preference. The Commission's rules, however, are clear that a fair distribution analysis for NCE
• http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4233A1.pdf
  • 2007). See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101 (2007) (``Omnibus Order''). See 47 C.F.R. �� 73.7000 - 05. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See Omnibus Order, 22 FCC Rcd at 6159; 47 C.F.R. � 73.7003(c)(1). Specifically, Lower Cape and UMASS had attributable interests in one and 11 radio interests, respectively. (footnote continued...) Federal Communications Commission Washington, D.C. 20554 October 12, 2007 DA 07-4233 In Reply Refer To: 1800B3-IB/DEB Released: October 12, 2007 � � � � + A F 7F T w x � � � � � � � � � �%���PNG �` �`
• http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4389A1.pdf
  • concerning non-reserved channels omitted). Harris's application had been dismissed as short-spaced pursuant to Section 73.509, but was reinstated in April 2002. The Omnibus Order dismissed HFC's petition for reconsideration of Harris's reinstatement, and HFC has not contested that action. See Omnibus Order, 22 FCC Rcd at 6167. See 47 U.S.C. � 307(b); 47 C.F.R. � 73.7002. See 47 C.F.R. � 73.7003(b)(2). See 47 C.F.R. � 73.7003(b)(1). See Omnibus Order, 22 FCC Rcd at 6135-36. HFC and Harris received five and two points respectively. Petition at 2. Id. at 3 (citing FCC Form 340, Question II(2)(2007)). Petition at 3. Id. (citing Blue Lake Academy, Inc., 20 FCC Rcd 12066, 12068-69 (MB 2005)). Opposition at 2. Id. at 3. HFC argues that it
• http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1467A1.pdf
  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) (``NCE MO&O). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to
• http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-1576A1.pdf
  • Opinion, 40 FCC 2d 1102 (1973). See Golden State Broadcasting, 102 FCC 2d at 797. 47 U.S.C. � 309(e); See also Area Christian Television, Inc., Memorandum Opinion and Order, 60 R.R. 2d 862 (1986) (informal objections, like petitions to deny, must contain adequate and specific factual allegations sufficient to warrant the relief requested). 47 U.S.C. � 307(b). 47 C.F.R. � 73.7003(b)(4). See id. � 73.7002. Id. � 73.7005(b) (such applicants also are prohibited from downgrading service ``to the one on which the [the fair distribution] preference is based'' during this period). See, e.g., Contemporary Media, Inc. v. FCC, 214 F.3d 187, 192 (D.C. Cir. 2000) (``Contemporary Media''); see also 47 U.S.C. � 308(b). See Contemporary Media, 214 F.3d at 193. 47
• http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-309A1.pdf
  • its claimed numbers appeared significantly inaccurate. Id. CPR was eliminated because it certified that it was not entitled to a preference based on first service alone. Id. at 6112. Good and Pathway were eliminated because each proposed to provide a first local service to at least 5,000 fewer potential listeners than either Daystar or Central. Id. See 47 C.F.R. � 73.7003(b)(2). See Omnibus Order, 22 FCC Rcd at 6149. Daystar and Central received four and two points respectively. Id. at 6149, n.206, 6176. See Application, Question V(B)(29), Exhibit E-6. See 47 C.F.R. � 73.525(c). See 47 C.F.R. � 73.525(e)(2). See 47 C.F.R. � 73.525(e)(2)(iv). The technical exhibit to Post-Newsweek's May 2, 2007 filing shows a figure of 4,143 persons, while the
• http://www.fcc.gov/fcc-bin/audio/DA-09-1084A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-1084A1.pdf
  • 228 people. 47 C.F.R. � 73.7002(c) (emphasis added). See also NCE Order, 15 FCC Rcd at 7398; NCE MO&O, 16 FCC Rcd at 5088. See NCE Order, 15 FCC Rcd at 7398. NCE MO&O, 16 FCC Rcd at 5083. Similarly, changes made after the snap shot date may potentially diminish, but cannot enhance, an applicant's comparative position. 47 C.F.R. � 73.7003(e). See University of Oklahoma, et. al, Letter, 20 FCC Rcd. 11984 (MB 2005). Letter to James P. Pappas, Ref. 1800B3-ALV (MB May 13, 2007) (rejecting subsequent modification application for a new NCE station at Woodward, Oklahoma where permittee that received a first service preference would reduce its new first service population to 14,474 people (a loss of 2,123 people). See
• http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2172A1.pdf
  • C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of the time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
• http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-2596A1.pdf
  • C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of the time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O'') (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
• http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-09-735A1.pdf
  • 47 C.F.R. � 73.7002(b). Applicants were required to use the most recently available, i.e., 2000 Census, population data. See FCC Form 340, Instructions for Section III. An applicant's fair distribution showing must be computed as of time of filing (close of the filing window for applications filed prior to the window) and cannot be enhanced thereafter. See 47 C.F.R. � 73.7003(e) and (f)(3); Media Bureau Announces NCE FM New Station and Major Change Filing Procedures, 22 FCC Rcd 15050, 15051 (MB 2007); Reexamination of Comparative Standards for Noncommercial Applicants, Memorandum Opinion and Order, 16 FCC Rcd 5074, 5082-83, 5086 (2001) (``NCE MO&O) (subsequent history omitted). However, an applicant that subsequently makes engineering changes that would diminish its fair distribution position must
• http://www.fcc.gov/fcc-bin/audio/DA-10-1240A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1240A1.pdf
  • only one application should be granted out of each mutually exclusive group, while providing the competing applicants the opportunity to file again in the next filing window. Accordingly we direct 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 47 C.F.R. � 73.7003(d). Federal Communications Commission Washington, D.C. 20554 July 1, 2010 DA 10-1240 In Reply Refer to: 1800B3-MM Released: July 1, 2010 = J � ... � � � &`#$ �%���PNG �` �` b``D� 4 �&)�@�-�@�@�7 H >��O��� p j�� �2�=��k��� �"_� - J��, �Nt�Rb �7�P���U�ZS '��wp��ˈ jP�T{.|�87w]�g��yA�Ҩ-��=T#�O> �#W p����U�^S� �t�''�TxNt�l ۦ��X6`T{������:�r�� �A�R\ )]h]e�M8�I̟`�?K^��� ?C��A�UU �3ꡟ=��A � \�+�_ �e�P�g� �ك�� �_ą {�.�
• http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1717A1.pdf
  • Palm Coast to assure it is a locally responsive organization''). If the Application were to be compared with other mutually exclusive applications under the point system, the staff would carefully review the Application to ensure Hammock supplied the requisite documentation to support its localism claim and would only award points if Hammock fully supported its claim. See 47 C.F.R. � 73.7003(b). The Commission rejects claims where an applicant certifies that it qualifies for points but fails to supply the requisite supporting information. 47 C.F.R. � 73.3525, which implements 47 U.S.C. � 311(c); see also NCE Settlement PN. Cornerstone further states that the Commission should also ``possibly'' reject the Hammock-JKJ and Hammock-Family settlement agreements. Cornerstone explains that it was unable to locate
• http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.doc http://www.fcc.gov/fcc-bin/audio/DA-10-1882A1.pdf
  • and capricious. While G/S argues that as many applications as possible should be granted, the Commission has determined that awarding licenses in light of the quality, not the number, of eligible applicants best serves the public interest. Additionally, G/S argues that ``there is no language in [Section 73.7002] limiting [the selection process] to only one round of analysis.'' However, Section 73.7003 clearly lays out point system selection procedures that instruct the Commission to perform only one round of analysis. In sum, NCE MX Group 306 underwent the same examination to determine a tentative selectee as its fellow groups. The composition of NCE MX Group 306 does not differ in any unique way from other NCE MX groups. G/S presents no special
• http://www.fcc.gov/fcc-bin/audio/DA-11-1245A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1245A1.pdf
  • are awarded permits by use of a point system. Sincerely, Peter H. Doyle Chief, Audio Division Media Bureau cc: Calvary Chapel of Thomasville, Inc. Colquitt Community Radio, Inc. CCT filed a Reply to the Opposition on January 11, 2011. See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). The Commission awarded CCT three points for being an established local applicant,
• http://www.fcc.gov/fcc-bin/audio/DA-11-1442A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1442A1.pdf
  • (``Opposition'') on June 30, 2011, to which TSP filed a Reply to Opposition to Petition to Deny (``Reply'') on July 11, 2011. See Comparative Consideration of 37 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 26 FCC Rcd 7008, 7027 (2011) (``Comparative Consideration Order''). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000), Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001), reversed in part on other grounds, NPR v. FCC, 254 F.3d 226 (DC Cir. 2001). After calculating all points, BSCC was credited with five points; HFCN with
• http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-1492A1.pdf
  • Peter H. Doyle Chief, Audio Division Media Bureau IHR Educational Broadcasting filed an ``Opposition to Petition for Reconsideration'' on January 20, 2011. Oregon filed a ``Reply to Opposition to Petition for Reconsideration'' on January 31, 2011. Although Oregon claimed it would submit a Petition to Stay (Petition at 16), we have not received such a pleading. See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC Rcd 21167 (1998), rules adopted, Report and Order, 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-11-665A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-665A1.pdf
  • Bristol Radio, Inc. (File No. BNPED-20071022BAU), and NC Friends Broadcasting, Inc. (File No. BNPED-20071022BOL). Each of these applications was dismissed by the staff on December 6, 2010. See Broadcast Actions, Public Notice, Report No. 47379 (rel. Dec. 9, 2010). See Media Bureau Identifies Groups of Mutually Exclusive Applications, Public Notice, 23 FCC Rcd 9508 (MB 2008). See 47 C.F.R. � 73.7003 (point system selection procedures); see also Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order, 15 FCC Rcd 7386 (2000) (``NCE Comparative Order''); Memorandum Opinion and Order, 16 FCC Rcd 5074, 5105 (2001) (``NCE Comparative MO&O''), rev'd in part on other grounds, NPR v. FCC, 254 F.3d 226 (D.C. Cir. 2001). See Comparative Consideration of 9 Groups
• http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-709A1.pdf
  • Southwest Petition for Reconsideration was procedurally defective because it argued issues not addressed in the staff's December 1, 2010, dismissal of the Southwest Application. We find that consideration of the issues ``is required in the public interest.'' Localism and Diversity of Ownership. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. Three points are awarded to applicants that certify that they have been local and established for at least two years. Applicants with a headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference coordinates of the community of license are considered local. The applicant also must certify that it has placed
• http://www.fcc.gov/fcc-bin/audio/DA-11-735A1.doc http://www.fcc.gov/fcc-bin/audio/DA-11-735A1.pdf
  • Foundation Letter. This document includes a statement that Foundation ``has heretofore had no governing documents per se, but rather has been governed pursuant to the authority of its Father Prior, recognized in Canon Law, who presides over the Applicant in all respects.'' The Governing Resolutions primarily make certain factual commitments relating to a point system determination under 47 C.F.R. � 73.7003. Significantly, the Governing Resolutions do not amend or rescind - or, indeed, even appear to recognize the existence of - Foundation's Articles of Incorporation or Bylaws. That the Governing Resolutions did not change Foundation's board structure is evident from the fact that Foundation acknowledges, in its response to the Inquiry Letter, that the six individuals listed in note 16, supra,
• http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.doc http://www.fcc.gov/fcc-bin/audio/DA-12-952A1.pdf
  • contends that it is nonetheless entitled to established local applicant points because its headquarters is within 25 miles of Cocoa Beach and has been since January of 1991. It further argues the Commission does not require an applicant to amend its governing documents when claiming points based on the location of the applicant's headquarters. In reply, CSN argues that Section 73.7003 of the Rules makes no distinction between applicants that claim localism points based upon 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
• 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
  • been found acceptable for filing. If any Selectee's application is determined unacceptable the application will be returned and the Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement of the application. All amendments filed in accordance with this paragraph must be minor and must not alter the Section 73.7002 preference. (ii) Section 73.7003 Tentative Selectee. A Public Notice will announce that the application of a Section 73.7003 Tentative Selectee (selected through a point system) has been found acceptable for filing. If any Tentative Selectee's application is determined unacceptable the application will be returned and the Tentative Selectee will be provided one opportunity for curative amendment by filing a petition for reconsideration requesting reinstatement
• http://www.fcc.gov/fcc-bin/audio/FCC-04-90A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-04-90A1.pdf
  • File Required Information,'' 17 FCC Rcd 15706, 15707 (MB 2002). 15 FCC Rcd 7386 (2000), clarified on reconsideration, 16 FCC Rcd 5074 (2001) (``NCE MO&O''), reconsideration denied, 17 FCC Rcd 13132 (2002), appeal docketed, American Family Association v. F.C.C., No. 00-1310 (D.C. Cir. July 14, 2000) (subsequent history concerning non-reserved spectrum omitted). 47 U.S.C. � 307(b). See 47 C.F.R. � 73.7003. NCE MO&O, 16 FCC Rcd at 5107-08. Id. Public Notice, ``Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Broadcast Applicants Due By June 4, 2001,'' 16 FCC Rcd 6893 (MMB 2001) (``Settlement Public Notice''); Public Notice, ``Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative Qualifications Remains June 4, 2001,'' 16 FCC
• http://www.fcc.gov/fcc-bin/audio/FCC-06-176A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-06-176A1.pdf
  • a Section 307(b) preference because it would not provide a new first or second service to ten percent of the population within its respective service area. All applicants in this group must, therefore, proceed to a point hearing. II. POINT SYSTEM SELECTION PROCESS The Commission compares mutually exclusive groups of NCE-FM applications under the point system set forth in Section 73.7003 of the Commission's Rules if, as a threshold matter, no applicant is entitled to a decisive preference under the fair distribution of service goals enunciated in Section 307(b). The NCE point system awards a maximum of seven merit points based on four distinct criteria. First, three points are awarded to applicants which have been local and established for at least
• http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-07-40A1.pdf
  • a Section 307(b) preference are required to construct and operate technical facilities substantially as proposed, and cannot downgrade service to the area on which the preference was based for a period of four years of on-air operations. B. Point System Selection Process. The Commission compares mutually exclusive groups of NCE FM applications under the point system set forth in Section 73.7003 of the Rules. NCE authorizations awarded by use of a point system are subject to a holding period of four years of on-air operations. The NCE point system awards a maximum of seven merit points, based on four distinct criteria. First, three points are awarded to applicants that certify that they have been local and established for at least two
• http://www.fcc.gov/ftp/Bureaus/MB/Databases/cdbs/_Engineering_Data_Description.pdf
  • 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 in a station float class_of_stock Class of Stock varchar(60)
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [873]TEXT [874]PDF 73.7000 Definition of terms (as used in subpart K only). [875]TEXT [876]PDF 73.7001 Services subject to evaluation by point system. [877]TEXT [878]PDF 73.7002 Fair distribution of service on reserved band FM channels. [879]TEXT [880]PDF 73.7003 Point system selection procedures. [881]TEXT [882]PDF 73.7004 Petitions to deny tentative selectee(s). [883]TEXT [884]PDF 73.7005 Holding period. __________________________________________________________________ [885]Skip Bottom FCC Navigation Links and Contact Info [886]FCC Home | [887]Search | [888]RSS | [889]Updates | [890]E-Filing | [891]Initiatives | [892]Consumers | [893]Find People __________________________________________________________________ If you would like more information pertaining to the Media Bureau, please call: (202) 418-7200. __________________________________________________________________
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • notifications concerning interference to radio astronomy, research and receiving installations. Subpart K -- Application and Selection Procedures on Reserved Noncommercial Educational FM Broadcast Channels [826]TEXT [827]PDF 73.7000 Definition of terms (as used in subpart K only). [828]TEXT [829]PDF 73.7001 Services subject to evaluation by point system. [830]TEXT [831]PDF 73.7002 Fair distribution of service on reserved band FM channels. [832]TEXT [833]PDF 73.7003 Point system selection procedures. [834]TEXT [835]PDF 73.7004 Petitions to deny tentative selectee(s). [836]TEXT [837]PDF 73.7005 Holding period. References 1. http://transition.fcc.gov/fcc-bin/bye?http://www.access.gpo.gov/index.html 2. http://transition.fcc.gov/fcc-bin/bye?http://www.gpoaccess.gov/cfr/index.html 3. http://transition.fcc.gov/fcc-bin/audio/part74rule.html 4. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AM 5. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FM 6. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#FMED 7. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#TV 8. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#LPFM 9. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#COMMON 10. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#AUCTION 11. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#CLASSATV 12. http://www.fcc.gov/mb/audio/bickel/amfmrule.html#POINT 13. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.1.htm 14. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.1.pdf 15. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.14.htm 16. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.14.pdf 17. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.21.htm 18. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.21.pdf 19. http://www.fcc.gov/fcc-bin/audio/amclasses.html 20. http://edocket.access.gpo.gov/cfr_2009/octqtr/47cfr73.23.htm 21. http://edocket.access.gpo.gov/cfr_2009/octqtr/pdf/47cfr73.23.pdf
• http://www.fcc.gov/ogc/documents/opinions/2004/00-1310-051104.pdf
  • 4 dards for Noncommercial Educational Applicants, 13 FCC Rcd 21167 (1998). After receiving comments, the FCC eventually adopted a new point system for allocating NCE licenses. As between qualified applicants who seek the same license, the system presumptively awards the license to the applicant with the greatest number of ``points'' (subject to some complications not relevant here). 47 C.F.R. � 73.7003(a) (2003). If appli- cants have the same number of points, the applicant with the fewest existing licenses gets the license. Id. � 73.7003(c)(1). If applicants have the same number of points and the same number of existing licenses, the applicant with the fewest outstanding license applications wins. Id. � 73.7003(c)(2). To screen out fraudulent claims in applications, the FCC stated
• http://www.fcc.gov/transaction/nbc-telemundo/kmas-tv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/ksts_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/ktmd_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/kvda_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/kvea_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/kwhy-tv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/kxtx-tv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/wkaq-tv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/wnju_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/wscv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the
• http://www.fcc.gov/transaction/nbc-telemundo/wsns-tv_appli110101.html
  • competitive bidding procedures (see 47 C.F.R. Sections 1.2111(a) and 73.5001)? radio button off Yes radio button on No If yes, list pertinent authorizations in an Exhibit. [Exhibit 2] 6. a. Were any of the authorizations that are the subject of this application obtained through the Commission's point system for reserved channel noncommercial educational stations (see 47 C.F.R. Sections 73.7001 and 73.7003)? radio button off Yes radio button on No b. If yes to 6(a), have all such stations operated for at least 4 years with a minimum operating schedule since grant pursuant to the point system? radio button off Yes radio button off No If no, list pertinent authorizations in an Exhibit and include in the Exhibit a showing that the