Report No. MM 95-112 MASS MEDIA ACTION December 1, 1995 COMMISSION AFFIRMS ACTION WHICH GRANTED THE APPLICATION OF WHARTON COUNTY JUNIOR COLLEGE FOR NEW ITFS STATION ON CHANNELS B1-B4 AT WHARTON, TX The Commission has denied El Campo Independent School District's petition for reconsideration of the action which granted the mutually exclusive application of Wharton County Junior College for a new Instructional Television Fixed Service (ITFS) station in Wharton, TX. In taking this action, the Commission denied the applications of El Campo and Brazosport Junior College for new ITFS stations in the areas of Chalmers and Brazoria, TX, respectively. El Campo contended that Wharton's application should be dismissed as unacceptable for filing because certain provisions in Wharton's excess capacity lease were inconsistent with Commission rules. El Campo argued that its application and that of Brazosport Junior College should be evaluated under the tie- breaker mechanism used in the evaluation of mutually exclusive ITFS applications. Denying reconsideration, the Commission did not find El Campo's arguments persuasive, and concluded that as the application with the highest score under the Commission's comparative selection procedure, Wharton's application was properly granted. Action by the Commission November 20, 1995, by Memorandum Opinion and Order (FCC 95-466). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Joyce L. Bernstein at (202) 418- 1645.