Report No. MM-863            MASS MEDIA ACTION             December 5, 1994


       HERMLEIGH INDEPENDENT SCHOOL DISTRICT GRANTED CP AND LICENSE
                   FOR ITFS CHANNELS D1-D4 AT SNYDER, TX

     The FCC has granted the application of Hermleigh Independent
School District for a construction permit and license in the
Instructional Television Fixed Service (ITFS) on Channels D1-D4
at Snyder, TX, and denied the competing application of Sweetwater
Independent School District for ITFS facilities at Roscoe, TX. 

     Sweetwater and Hermleigh are school districts accredited by
the Texas Education Agency.  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 best
qualified to provide the service for which the ITFS spectrum was
allocated.

     In this case, Sweetwater was awarded four points for being
local, three points for being accredited, two points for
observing the four-channel limitation, and one point for
proposing at least 21 hours of formal educational ITFS
programming per channel per week, for a total of 10 points. 
Hermleigh was awarded four points for being local, three points
for being accredited, two points for observing the four-channel
limitation and two points for proposing at least 41 hours of
formal educational ITFS programming per channel per week, for a
total of 11 points.  Thus, the selectee is Hermleigh.

     Hermleigh proposed leasing its excess capacity for non-ITFS
use and submitted a copy of its lease with Snyder Microwave
Communications, L.C.  However, two of the provisions of the lease
agreement do not comply with the Commission's requirements for
such leases.  Although inconsistent with its requirements for
excess capacity leases, the Commission stated that these
provisions neither reflected on the applicant's basic or
comparative qualifications, nor precluded grant of an
authorization.


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     Therefore, the Commission conditioned Hermleigh's
authorization upon conformity of the lease to Commission
requirements.

     Action by the Commission November 28, 1994, by Memorandum
Opinion and Order (FCC 94-302).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Clay Pendarvis at (202) 418-1610.