Report No. DC-2609 ACTION IN DOCKET CASE June 9, 1994 FCC MODIFIES FREEZE ON ITFS APPLICATIONS; ADDITIONAL PROPOSALS PUT FORTH FOR COMMENT (MM DOCKET NO. 93-24) The FCC today modified the freeze on the filing of major change applications for the Instructional Television Fixed Service (ITFS). The Commission will again accept the filing of applications for major changes to existing facilities, as well as any competing applications thereto. In addition, the Commission announced its inclination to adopt a window filing system to increase the efficiency of the processing of ITFS applications. To that end, the Commission is seeking comment on several proposals that are intended to increase the efficiency and curtail potential abuse of the window filing application process. Since 1985, applicants for new ITFS facilities or major changes in existing facilities have been subject to an A/B cut-off filing procedure. In the first stage of this process, no applications are granted or denied. Rather, each application undergoes a technical analysis in order to determine whether it is acceptable for filing. During the next step, each application is again reviewed to determine whether it should be granted. The Commission stated that elimination of this duplicative procedure would substantially improve processing efficiency. Therefore, the Commission stated its inclination to adopt a window filing system for the ITFS service. Under a window filing system, applications may be filed only during a specified period of time. After the window closes, all applications received during that time period are processed as a group. The Commission stated that educators that do not rely on excess capacity lessees, and who therefore may require additional time to plan their facilities and prepare an application, would not be disadvantaged by a change to a window filing system. Because the current "A" cut-off lists are not announced in advance or released pursuant to a formal schedule, such educators would be in the same position under the window system as they are now. (over) -2- With regard to applicants relying on NTIA funding, the Commission noted that NTIA rules require a party seeking a grant to have filed its application with the Commission. Accordingly, in order not to obstruct such funding, the Commission proposed allowing each December the tendering of applications that rely upon NTIA funding. The Commission would consider such applications, if filed outside a window period, as having been filed during the immediately following window. The Commission also acknowledged the concern of several commenters that adoption of a window filing window system without concomitant safeguards against abuse would not increase processing efficiency. The Commission requested comment on several proposals suggested either by the commenters or by the Commission on its own motion, all intended to limit abuse or otherwise increase processing efficiency. Among the proposals are: 1. Requiring educators and wireless cable lessees to demonstrate their financial ability to construct the proposed facilities. 2 Capping the number of applications that an ITFS or wireless cable entity can file or be associated with during a window. 3. Clearly defining an "area of operation" for the purpose of the four-channel rule. 4. Making the protected service area for wireless cable lessees effective only with regard to applications filed after the protection request. 5. Expanding the definition of major changes to include certain changes, now classified as minor, that would significantly impact existing or proposed facilities. 6. Further ensuring that receive sites are accredited. The Commission also stated that the public interest would be served by modifying the freeze. Specifically, upon publication of this Notice in the Federal Register, the Commission will instruct the staff to begin accepting applications for major changes to existing facilities and any mutually exclusive applications thereto. The Commission believes that this will ease the burden that the freeze has imposed upon educational institutions seeking to alter their existing ITFS facilities. -3- Action by the Commission June 9, 1994, by Order and Further Notice of Proposed Rulemaking (FCC 94-148). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Paul R. Gordon at (202) 632-6357.