PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
445 12TH STREET, S.W.
WASHINGTON, D.C. 20554                                 DA 99-1057

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                                           Released: June 2, 1999


            COMMISSION SEEKS COMMENT ON "REQUEST FOR
        DETERMINATION OF ELIGIBILITY FOR DBS SET-ASIDE"
      FILED BY "NOGGIN," A JOINT VENTURE OF THE CHILDREN'S
              TELEVISION WORKSHOP AND NICKELODEON 


This Notice solicits comment on a "Request for Determination of Eligibility for DBS Set-Aside" filed
by "Noggin," a joint venture of the Children's Television Workshop ("CTW") and Nickelodeon
("Viacom").  That Request seeks a Commission determination that Noggin is eligible for the DBS
channel capacity reserved for noncommercial educational programming under Section 335(b) of the
Communications Act of 1934, as amended, (47 U.S.C. 335(b)) and Section 100.5(c) of the
Commission's Rules (47 C.F.R. 100.5(c)).  Those sections, together, provide that Direct Broadcast
Satellite providers must reserve four percent of their channel capacity exclusively for use by qualified
programmers for noncommercial programming of an educational or informational nature.  CTW and
Viacom submit, generally, that Noggin should be found eligible notwithstanding its for-profit status,
given the Commission's recognition that such entities could be determined, on a case-by-case  basis,
to be qualified for DBS carriage if they demonstrate to the Commission's satisfaction that they are
organized for a noncommercial purpose and have an educational mission.  See Report and Order in
MM Docket 93-25, 13 FCC Rcd 23254, 23291 (1998).  CTW and Viacom assert that Noggin is
organized for such a purpose and has an educational mission.

Comments must be filed on or before July 6, 1999; and reply comments must be filed by July 21,
1999.  To file formally in this proceeding, interested parties must file an original and four copies of
all comments, reply comments, and supporting comments.  All comments should reference DA99-
1057 and should be addressed to: Office of the Secretary, Federal Communications Commission, 445
Twelfth Street, S.W., Washington, D.C. 20554.  The full text of the Noggin submission is available
for inspection and copying during normal business hours in the FCC Reference Information Center,
Room, CY-A257, 445 12th Street, NE, Washington, D.C., 20554.  Copies may also be purchased
from the Commission's copy contractor, International Transcription Service (202) 857-3800.  This
is a "permit-but-disclose" matter under the Commission's ex parte rules.  (See 47 C.F.R.
1.1206(a)(3).)

By the Chief, Mass Media Bureau

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