Report No. MM95-18 MASS MEDIA ACTION March 3, 1995 MOORHEAD STATE UNIVERSITY, CASS VALLEY NORTH #76, AND LISBON PUBLIC SCHOOL SYSTEM GRANTED CPs AND LICENSES FOR CHANNELS B1-B4 IN THE ITFS AT BARNESVILLE, MN; AMENIA AND WALCOTT, ND The FCC has granted the following applications for a construction permit (CP) and license in the Instructional Television Fixed Service on Channels B1-B4: 1) Moorhead State University, Barnesville, MN; 2) Cass Valley North #76, Amenia, ND, with conditions; and 3) Lisbon Public School System, Fort Ransom, ND, with conditions. The Commission denied the competing application of Kindred School District #2 for ITFS facilities in Walcott, ND. 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 most relevant to predicting the applicant best qualified to provide the service for which the ITFS spectrum was allocated. In this case, Cass Valley 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 programming per channel per week, for a total of 10 points. Kindred received four points for being local, three points for being accredited and two points for observing the four-channel limitation, for a total of nine points. Lisbon and Moorhead were each awarded a total of 11 points: 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 programming per channel per week. Because the applications of Lisbon and Moorhead are mutually exclusive only with the application of Kindred, and because they have the greatest number of points, Lisbon and Moorhead are the tentative selectees. -more- -2- Because the Commission denied the application of Kindred, there is no longer any mutual exclusivity with respect to the application of Cass Valley. Therefore, the application of Cass Valley was also granted. Cass Valley, Lisbon, and Moorhead proposed leasing their excess capacity for non-ITFS use. Moorhead submitted a copy of its lease agreement with Family Entertainment Network Partnership, which conforms in all respects to FCC requirements. Cass Valley and Lisbon submitted a copy of their lease agreements with Serve, Inc. However, their lease agreements do not entirely conform to the Commission's requirements. The Commission therefore conditioned the authorizations of Cass Valley and Lisbon upon conformity of their leases to FCC requirements. Action by the Commission February 28, 1995, by Memorandum Opinion and Order (FCC 95-82). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Marlene Dortch at (202) 418-1630.