Report No. MM-819            MASS MEDIA ACTION               
April 7, 1994


         ALLEN PUBLIC SCHOOLS GRANTED ITFS CHANNELS AT WEWORKA,
OK

     The Commission has granted the application of Allen Public
Schools to construct and operate an Instructional Television
Fixed
Service (ITFS) facility on Channels G1-G4 in the areas of
Weworka,
OK, and denied the competing application of Konawa Public Schools
for ITFS facilities in Holdenville, OK.

     In cases of mutually exclusive applications, where
applicants
are competing for the same or adjacent channels in the same
geographic area, each application is reviewed pursuant to the
Commission's comparative process.  This procedure awards a
maximum
of 12 merit points based on five criteria deemed to be most
relevant to predicting the applicant best qualified to provide
the
service for which the ITFS spectrum has been allocated.

     In this case, both applicants were awarded a total of nine
points: four points for being local, three points for be
accredited, and two points for observing the four-channel
limitation.  Consequently, the Commission turned to its
tie-breaker
mechanism to determine the winning applicant.

     When the comparative procedure results in a tie, the parties
are given 30 days from notification to negotiate an agreement
regarding division of the use of the channels.  If no agreement
is
reached or advanced to the Commission within that time, the
tentative selectee is determined through the tie-breaker
mechanism. 
This mechanism is based upon the submission by each applicant of
the number of students at its proposed receive sites who are
formally enrolled in classes for credit toward an academic degree
or diploma or a legally required certification of license.  

     Konawa submitted receive site letters from schools located
beyond its jurisdiction.  However, the letters were not submitted
prior to the "B" cut-off date, and they lacked the specificity
required by Note 2 of the rules.  Consequently, Konawa was
credited
with only 696 students, the number enrolled at schools within its
jurisdiction. 


                                  (over)



                                    -2-

     Allen supplied documentation showing a total of 1,874
students
to be served at its received sites.  Because the number of
students
credited to Konawa, 696, was less than 80 percent of the number
of
students credited to Allen, Allen was authorized to operate
facilities on Channels G1-G4.

     Allen proposed to lease its excess capacity for non-ITFS use
to Wise Electric Cooperative, Inc., and submitted a copy of the
lease which conforms with the Commission's requirements.  Thus,
the
Commission found Allen fully qualified to be an ITFS licensee,
and
concluded that grant of Allen's application would serve the
public
interest, convenience and necessity.

     Action by the Commission April 4, 1994, by Memorandum
Opinion
and Order (FCC 94-82).  Chairman Hundt, Commissioners Quello and
Barrett.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 632-5050.
     Mass Media Bureau contact: Mark Berlin at (202) 416-0903.