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Comparative Consideration of 37 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations FILED IN THE FEBRUARY 2010 AND oCTOBER 2007 FILING wINDOWS

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Released: May 3, 2011

Federal Communications Commission

FCC 11-67

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)

Comparative Consideration of 37 Groups of
)
NCE Reserved Allotment Group Numbers 1,
Mutually Exclusive Applications
)
2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16,
for Permits to Construct New or Modified
)
17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
Noncommercial Educational FM Stations filed in
)
29, 30, 31, 32, 34; NCE MX Group Numbers
the February 2010 and October 2007 Filing
)
328, 389, 393, 394, and 417
Windows
)

MEMORANDUM OPINION AND ORDER

Adopted: May 2, 2011

Released: May 3, 2011

By the Commission:

TABLE OF CONTENTS

Paragraph
I. BACKGROUND................................................................................................................................1
II. NCE RESERVED FM ALLOTMENTS ................................................................2
III. GENERAL NCE PROCEDURES ...................................................................................................4
A. Section 307(b) -- Threshold Fair Distribution Study............................................5
B. Point System Selection Process.................................................................. 7
C. Tie-Breakers ........................................................................................12
D. Timely Documentation of Comparative Qualifications.......................................13
IV. POINT SYSTEM DETERMINATIONS.........................................................................................14
V. NEXT STEPS....................................................................................................................................113
VI. ORDERING CLAUSES..................................................................................................................118
APPENDIX NCE Reserved FM Allotment Groups

I.

BACKGROUND

1.
By this Memorandum Opinion and Order ("Order"), the Commission considers 37 groups
of mutually exclusive applications for new or modified noncommercial educational ("NCE") FM station
construction permits.1 The Commission resolves such conflicting NCE proposals by applying


1 Each application in Group 1 through Group 34 was filed during a filing window that was open from February 19,
2010, through February 26, 2010, for 67 existing, vacant FM allotments on Channels 221 through 300 that had been
reserved for NCE use. See Media Bureau Announces Filing Window for Vacant FM Allotments Reserved for
Noncommercial Educational Use
, Public Notice, 24 FCC Rcd 12621 (MB 2009) ("Reserved Allotment Notice");
Filing Window for Vacant FM Allotments Reserved for Noncommercial Educational Use Rescheduled to February
19-26, 2010
, Public Notice, 24 FCC Rcd 12952 (MB 2009). Each application in Group 328 through Group 417 was
filed during a filing window that was open from October 12, 2007, through October 22, 2007, for FM reserved band
(Channels 201-220) proposals. See Media Bureau Announces NCE FM New Station and Major Change Filing
Procedures for October 12-October 19, 2007 Window,
Public Notice, 22 FCC Rcd 15050 (MB 2007) ("Procedures
Notice
"); Media Bureau to Extend Window for NCE FM New Station and Major Change Applications; Window Will
Close on October 22, 2007
, Public Notice, 22 FCC Rcd 18680 (MB 2007).

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comparative procedures codified in Part 73, Subpart K, of the Commission's Rules (the "Rules").2 This
Order uses a point system to tentatively select applications for grant and initiates a 30-day period for
filing petitions to deny against the applicants tentatively selected.3

II.

NCE RESERVED FM ALLOTMENTS

2.
Each application in Group 1 through Group 34 herein proposes to operate on an existing,
vacant FM allotment on Channels 221 through 300 (the "non-reserved FM band") that has been reserved
for NCE use.4 The Commission reserves a non-reserved FM Band allotment if the petitioner successfully
demonstrates that no reserved channel could be used without causing prohibited interference to (1) TV
channel 6 stations, or (2) foreign broadcast stations.5
3.
In the NCE Second Report and Order the Commission adopted a third test for channel
reservation (the "third channel reservation standard").6 Under the third channel reservation standard, a
reservation proponent must demonstrate that (1) it is technically precluded from using a reserved band
channel, and (2) it would provide a first and/or second NCE radio service to at least ten percent of the
population within the 60 dBu (1 mV/m) contour of its proposed station, and that such population is at
least 2,000 people.7 The Commission specifically advised prospective NCE applicants that the first or
second NCE service requirement remains applicable at the application stage.8 Therefore, if the third
channel reservation standard served as the basis for reservation of the allotment, applicants for that
allotment must provide a first or second NCE service to at least ten percent of the population within the
proposed station's service area and that population must be at least 2,000 people. Applications which fail
to satisfy this requirement are eliminated and will not proceed to the point system analysis. Allotments


2 47 C.F.R. 73.7000 73.7005.
3 See id. 73.7004(b).
4 Non-reserved FM band channels reserved exclusively for NCE use appear with an asterisk designation in the Table
of FM Allotments, Section 73.202 of the Commission's Rules. See 47 C.F.R. 73.202. Sixty-seven vacant
reserved FM allotments were available for application in the February 2010 window. See Reserved Allotment Notice
at Attachment A.
5 See 47 C.F.R. 73.202(a)(1)(i).
6 See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Second Report and
Order, 18 FCC Rcd 6691 (2003) ("NCE Second Report and Order").
7 Id. at 6703-05. The Commission extended the revised reservation policy to existing, vacant FM allotments for
which an allocation proceeding had been initiated, as determined by the release of a Notice of Proposed
Rulemaking, before the effective date of the standards, August 7, 2000. The Media Bureau then opened a window
accepting reservation showings for approximately 500 FM channels. See Media Bureau Opens Window to Permit
Noncommercial Educational Reservation Showings for Certain Vacant FM Allotments
, Public Notice, 18 FCC Rcd
19600 (MB 2003). In response, 129 petitioners sought to reserve 91 vacant FM allotments. The 67 reserved FM
channels available for application in the February 2010 window ensued from these case-by-case Commission
allotment decisions. See 47 C.F.R. 73.7000.

8 See NCE Second Report and Order, 18 FCC Rcd at 6705 ("Reserved allotments will be conditioned on the
construction and licensing of an NCE station that provides the requisite level of first and second NCE service. In the
event that all applications for a reserved band allotment fail to propose such service, the allotment will become
unreserved by operation of law and subject to the Commission's competitive bidding licensing procedures."). See
also
47 C.F.R. 73.202(a)(1)(ii).
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reserved by means of the third channel reservation standard are identified in the point system
determinations below.

III.

GENERAL NCE PROCEDURES

4.
The Commission's analysis of mutually exclusive groups of NCE applications generally
consists of three main components. First, if applicants propose service to different communities, the
Media Bureau ("Bureau") performs a threshold fair distribution study pursuant to Section 307(b) of the
Communications Act of 1934, as amended (the "Act").9 The Commission generally has used the
population data and applicant certifications submitted in conjunction with Section 307(b) claims to make
these comparative determinations. Second, application conflicts not resolved under this "fair distribution"
analysis,10 as well as mutually exclusive groups of applications for vacant FM allotments reserved for
NCE use, are compared under an NCE point system,11 which is a simplified, "paper hearing" process.12
The Commission generally has awarded the number of points claimed by each applicant in Section IV of
its application. Third, if necessary, the Commission makes a tie-breaker determination, based on
applicant-provided numbers and certifications contained in Section V of each application. Each of these
steps is described in greater detail below.

A. Section 307(b) --Threshold Fair Distribution Study.

5.
When mutually exclusive applications for permits to construct NCE FM stations propose
to serve different communities, the Bureau determines whether grant of any of the applications would best
further the fair, efficient, and equitable distribution of radio service among communities.13 An NCE FM
applicant is eligible to receive a Section 307(b) preference if it would provide, within the proposed


9 See 47 U.S.C. 307(b).
10 See 47 C.F.R. 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to
serve different communities).
11 See 47 C.F.R. 73.7003 (point system selection procedures).
12 See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of
Proposed Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking,
13 FCC Rcd 21167 (1998), rules adopted, Report and Order, 15 FCC Rcd 7386 (2000) ("NCE Order"), vacated in
part on other grounds sub nom.
, National Public Radio v. FCC, 254 F.3d 226 (D.C. Cir. 2001), clarified,
Memorandum Opinion and Order, 16 FCC Rcd 5074 ("NCE MO&O"), Erratum, 16 FCC Rcd 10549, recon. denied,
Memorandum Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) ("NCE Reconsideration
Order
"), aff'd sub nom. American Family Ass'n v. FCC, 365 F.3d 1156 (D.C. Cir. 2004) ("American Family"), cert.
denied,
125 S.Ct. 634 (2004).
13 See 47 U.S.C. 307(b) ("In considering applications for licenses ... when and insofar as there is demand for the
same, the Commission shall make such distribution of licenses, frequencies, hours of operation, and of power among
the several States and communities as to provide a fair, efficient, and equitable distribution of radio service to each
of the same."); 47 C.F.R. 73.7002(a). A Section 307(b) analysis is ordinarily conducted at the staff level because
the Bureau has delegated authority to make Section 307(b) determinations in NCE cases. See NCE Order, 15 FCC
Rcd at 7397. See also 47 C.F.R. 0.61 and 0.283. In contrast, the point system analysis, which is conducted when
Section 307(b) is not determinative, must be conducted by the Commission as this analysis is considered a
simplified "hearing" for purposes of 47 U.S.C. 155(c)(1). NCE Order, 15 FCC Rcd at 7420.

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station's 60 dBu contour, a first or second reserved band channel NCE aural service to at least ten percent
of the population (in the aggregate), provided that such service is to at least 2,000 people.14
6.
If more than one applicant in a mutually exclusive group qualifies for a Section 307(b)
preference, each applicant's first service population coverage totals are compared.15 An applicant
proposing a first NCE aural service to ten percent of the population and at least 2,000 people will receive
a dispositive fair distribution preference over applicants for different communities that would not provide
such first service.16 Such an application also would receive a dispositive fair distribution preference over
applicants for different communities that would provide a first NCE aural service to at least 5,000 fewer
potential listeners than the next highest applicant's first service total.17 If no applicant is entitled to a first
service preference, we consider combined first and second NCE aural service population totals and apply
the same 5,000-listener threshold. At each stage of the Section 307(b) analysis between applicants for
different communities, any applicant that is comparatively disfavored in terms of eligibility or service
totals is eliminated. Comparable applicants proceed to the next level of analysis, provided that different
communities are still represented in the remaining pool of applicants. The process ends when the
Commission determines that none of the remaining applicants can be selected or eliminated based on a
Section 307(b) preference, or that each remaining applicant proposes to serve the same community. At
that stage, the remaining applicants proceed to a point system analysis.

B. Point System Selection Process.

7.
The Commission compares mutually exclusive groups of NCE FM applications under the
point system set forth in Section 73.7003 of the Rules.18 The NCE point system awards a maximum of
seven merit points, based on four distinct criteria.19 First, three points are awarded to applicants that
certify that they have been local and established for at least two years. Applicants with a headquarters,
campus, or 75 percent of their board members residing within 25 miles of the reference coordinates of the
community of license are considered local. A governmental unit is considered local within its area of
jurisdiction. To qualify for localism points based on board composition, the applicant also must certify
that its governing documents require that such board composition be maintained. The applicant also must
certify that it has placed documentation supporting its certification in a local public inspection file, and
that it has submitted that documentation to the Commission. Any applicant awarded localism points in
this Order has provided support for its certification. Thus, the specific point system determinations for
each group of mutually exclusive applications that follow only discuss an applicant's documentation if it
is insufficient to justify awarding localism points.
8.
Second, two points are awarded for local diversity of ownership if the principal
community contours of the applicant's proposed station and any other station in which any party to the


14 See 47 C.F.R. 73.7002(b). Applicants were required to use the 2000 Census population data and to count all
reserved band aural authorizations, including stations for which a construction permit, but not a license, has been
issued. See Procedures Notice, 22 FCC Rcd at 15052.
15 See 47 C.F.R. 73.7002(b).
16 Id.
17 Id.
18 See 47 C.F.R. 73.7003.
19 See 47 C.F.R. 73.7003(b).
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application holds an attributable interest do not overlap.20 To be awarded such points, an applicant's
governing documents must include a provision to maintain that diversity in the future. Applicants that are
organizations governed by state charters that cannot be amended without legislative action are permitted
to base the governing document component of their local diversity certifications on other safeguards that
reasonably assure that board characteristics will be maintained.21 Any applicant awarded diversity of
ownership points in this Order has submitted copies of pertinent governing documents to support its
certification or, for applicants such as state universities that are governed by laws which cannot be
amended without legislative action, an appropriate alternative showing. Thus, the specific point system
determinations for each group of mutually exclusive applications that follow only discuss an applicant's
documentation if it is insufficient to justify awarding diversity points. An applicant that proposes a full
service NCE station that would replace an attributable FM translator may exclude the translator for
calculating ownership diversity points if it has pledged to request cancellation of the translator
authorization upon the new station's commencement of operations.22 The Commission has stated that it
will, on a waiver basis, similarly allow applicants to exclude Class D (10 watt) FM stations that will be
replaced by the proposed full service NCE station.23 The Bureau has also extended this waiver treatment
to low power FM ("LPFM") stations.24
9.
Third, two points are awarded for certain statewide networks providing programming to
accredited schools. These points are available only to applicants that cannot claim a credit for local
diversity of ownership.25
10.
Fourth, an applicant that proposes the best technical proposal in the group (i.e., proposes
service to the largest population and area, excluding substantial areas of water) may receive up to two
points. The applicant receives one point if its proposed service area and population are ten percent
greater than those of the next best area and population proposals, or two points if both are 25 percent
greater than those of the next best area and population proposals as measured by each proposed station's


20 See 47 C.F.R. 73.7003(b)(2). Parties with attributable interests are defined as the applicant, its parent,
subsidiaries, their officers, and members of their governing boards. See 47 C.F.R. 73.7000. Interests of certain
entities providing more than 33 percent of the applicant's equity and/or debt are also attributable. Id.
21 See NCE MO&O, 16 FCC Rcd at 5095.
22 Id. at 5102-03.
23 See Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified
NCE FM Stations,
Memorandum Opinion and Order, 22 FCC Rcd 6101, 6120 (2007) ("NCE Omnibus").
24 See Comparative Consideration of 52 Group of Mutually Exclusive Applications for Permits to Construct New or
Modified Noncommercial Education FM Stations,
25 FCC Rcd 8793 (2010) ("52 Groups Comparative Order");
Comparative Consideration of 59 Group of Mutually Exclusive Applications for Permits to Construct New or
Modified Noncommercial Education FM Stations,
25 FCC Rcd 1681, 1686 (2010); Comparative Consideration of
32 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial
Educational FM Stations,
24 FCC Rcd 5013 (2010). See also Procedures Notice, 22 FCC Rcd at 15052-53;
Reserved Allotment Notice, 24 FCC Rcd at 12624. An applicant seeking to avoid attribution of an LPFM interest
must, as part of its window-filed application, submit a request for waiver of the Rule that would otherwise result in
the attribution of the LPFM interest in the applicant's point system determination and propose to surrender the
LPFM interest. The Commission will waive the LPFM cross-ownership rule so that an NCE FM construction permit
may issue to an LPFM licensee, provided that the LPFM license must be divested prior to commencement of
program tests by the new NCE FM station. See 47 C.F.R. 73.860(a).
25 See 47 C.F.R. 73.7003(b)(3). The statewide network credit is an alternative for applicants that need multiple
stations to serve large numbers of schools and, therefore, do not qualify for the local diversity of ownership credit.
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predicted 60 dBu signal strength contour.26 If the best technical proposal does not meet the 10 percent
threshold, no applicant is awarded points under this criterion. In considering this criterion, we have
generally accepted applicants' coverage and population claims. We have rounded any numbers expressed
in decimals to the nearest whole numbers.
11.
Finally, the Commission tallies the total number of points awarded to each applicant.
The applicant with the highest score in a group is designated the "tentative selectee." All other applicants
are eliminated.

C. Tie-Breakers.

12.
Applicants tied with the highest number of points awarded in a particular group proceed
to a tie-breaker round, in accordance with Section 73.7003(c) of the Rules.27 The first tie-breaker for
NCE FM applicants is the number of radio station authorizations attributable to each applicant.28 The
applicant with the fewest attributable authorizations prevails. If the tie is not broken by this first factor,
we apply a second tie-breaker: the number of radio station applications attributable to each applicant.
Applicants are required to include applications for construction permits filed for other aural services prior
to the window, the current application, as well as all other applications filed within the window.29 If that
second factor fails to break the tie, we use mandatory timesharing as the tie-breaker of last resort.

D. Timely Documentation of Comparative Qualifications.

13.
The NCE application, FCC Form 340, is certification-based, but requires applicants to
document their claims by submitting supporting information both to the Commission and to a local public
file.30 Applicant point claims must be readily ascertainable from timely-filed application exhibits.
Certifications which require the applicant to submit documentation, but which are not supported with any
such timely submitted documentation, cannot be credited. For example, the Commission herein rejects
claims where the applicant certifies that it qualifies for points for diversity of ownership or as an
established local applicant but fails to supply supporting information referred to in the certification.
Every applicant claiming points for diversity of ownership must certify that the proposed station's service
area would not overlap that of an attributable existing station, that its governing documents require that
such diversity be maintained, and "that it has placed documentation of its diversity qualifications in a
local public file and has submitted to the Commission copies of that documentation." 31 Similar


26 Id. 73.7003(b)(4). See NCE Omnibus, 22 FCC Rcd at 6121-22 (if there is one top applicant in terms of area and
population, but no single next best applicant for both factors, the Commission will compare the top applicant's
proposed area to the next best area of one applicant and the top applicant's population to the next best population of
another applicant).
27 47 C.F.R. 73.7003(c).
28 Id. 73.7003(c)(1). Applicants are required to count all attributable full service commercial and NCE radio
stations and certain FM translator stations. An applicant may exclude fill-in translators and any translator which the
applicant seeks to replace with its full service proposal filed in this window. Applicants requesting and receiving a
rule waiver may similarly exclude an LPFM or Class D FM station.
29 See NCE Omnibus, 22 FCC Rcd at 6123.
30 See NCE Order, 15 FCC Rcd at 7423.
31 See FCC Form 340, Instructions, Question IV(2). With respect to documenting current diversity, the preferred
information is a map showing no overlap or a statement that the party to the application holds no attributable interest
(continued....)
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certifications and documents are required of applicants claiming points as established local applicants.32
While there is some flexibility in the type of documentation an applicant may provide, an applicant
submitting no timely documentation at all cannot have made a valid certification. We have adjusted the
points of such applicants downward.

IV.

POINT SYSTEM DETERMINATIONS

14.
This Section contains narrative descriptions of our point system analyses in each
mutually exclusive proceeding, organized chronologically by assigned group number. The reserved
allotment groups (Groups 1-34) are being considered for the first time. In the NCE MX groups, the
Bureau or Commission previously considered the group and named a tentative selectee, followed by
filings or events which require additional analysis.33 Unless otherwise noted, each component of the
analysis is based on applicant-provided information.34 We have provided readers with an Appendix that
condenses the group-by-group narratives for the groups that follow into chart form for quick reference. A
more detailed guide to the Appendix and its use of abbreviations appears at the beginning of that Section.
15.
At the outset, we note that each group of applicants has had an opportunity to resolve
application conflicts by settlement.35 In addition, we note that applicants were required to report their
qualifications as of the date of application. Any changes made thereafter may potentially have
diminished, but could not enhance, an applicant's comparative position.36
16.

NCE Reserved Allotment Group 1.

This group is comprised of eight applications
proposing service on vacant Channel 261C3 at Anniston, Alabama. The applicants are: Covenant
Communications, Inc. ("Covenant"), Equality Broadcasting Network ("EBN"), The Moody Bible
Institute of Chicago ("MBIC"), Serendipity Educational Broadcasting, Inc. ("Serendipity"), Anniston
Seventh-Day Adventist Church ("ASDA"), Board of Trustees of Jacksonville State University ("JSU
Trustees"), Old Time Gospel Ministries ("OTGM"), and Smile FM ("Smile"). The third channel


(...continued from previous page)
in any station. To document future diversity, the applicant would generally submit a copy of the governing
documents referenced in the certification.
32 See FCC Form 340, Instructions, Question IV(1). Examples of acceptable documentation include corporate
materials from the secretary of state, lists of names, addresses, and length of residence of board members, copies of
governing documents requiring a 75 percent local governing board, and course brochures indicating that classes
have been offered at a local campus for the preceding two years.
33 In each of these groups, a petitioner challenged the exclusion or inclusion of challenged or claimed points, thus
potentially altering the outcome of the particular NCE MX group. Accordingly, the Bureau has referred these
groups to the Commission.
34 Specifically, information relating to the applicants' Section 307(b) claims including, where applicable,
populations receiving first and/or second NCE radio services, were reported by the applicants in their responses to
Questions III(a) and (b) of their applications and associated exhibits. Claims to qualify as established local
applicants, for diversity of ownership, and as statewide networks were reported in the responses to Questions IV(1),
(2) and (3) respectively, and in supporting documentation. Applicants reported the area and population figures used
in our analyses of technical parameters in responses to Question IV(4) and associated exhibits. Tie-breaker
information concerning the applicants' attributable interests in other radio station authorizations and other radio
station applications were reported in responses to Questions V(1) and (2), respectively.
35 See 47 C.F.R. 73.7003(d).
36 See 47 C.F.R. 73.7003(e).
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reservation standard served as the basis for reservation of the instant allotment. Accordingly, each
applicant was required to demonstrate that its proposal would provide a first or second NCE service to at
least ten percent of the population within the proposed station's service area and to at least 2,000 people.
Each applicant has demonstrated compliance with these criteria.37 Accordingly, the entire group proceeds
to a point hearing.
17.
ASDA and JSU Trustees each claim to be eligible for points as established local
applicants; the other six applicants do not. EBN, MBIC, Serendipity, ASDA, and Smile claim two points
each for diversity of ownership. Serendipity, however, fails to submit any documentation to support its
diversity claim, and, accordingly, will not receive points under this criterion. Covenant, JSU Trustees,
and OTGM do not claim diversity points. None of the applicants claim points as a statewide network.
With respect to technical parameters, Covenant claims that its proposed 60 dBu contour would encompass
3,903 square kilometers with a population of 174,888; EBN, 4,472 square kilometers and 174,215 people;
MBIC, 4,850 square kilometers and 216,965 people; Serendipity, 2,915 square kilometers and 204,733
people; ASDA, 3,944 square kilometers and 199,229 people; JSU Trustees, 4,191 square kilometers and
173,668 people; OTGM, 4,544 square kilometers and 164,548 people; and Smile, 1,222 square kilometers
and 74,654 people. No applicant is eligible for points under the best technical proposal criterion because
MBIC's proposal to serve the largest area and population does not exceed OTGM's next best area
proposal and Serendipity's next best population proposal by at least 10 percent. Accordingly, ASDA is
credited with a total of five points; JSU Trustees is awarded three points; EBN, MBIC, and Smile each
receives two points; and Covenant, Serendipity, and OTGM are each not credited with any points.38
ASDA is therefore the tentative selectee in Group 1.
18.

NCE Reserved Allotment Group 2.

This group consists of three applications
proposing service on vacant Channel 296A at Pima, Arizona, an allotment reserved by means of the third
channel reservation standard. The applicants are: Arizona Board of Regents for the Benefit of the
University of Arizona ("UA Regents"), World Radio Network, Inc. ("WRN"), and Cochise Community
Radio Corporation ("Cochise"). Each applicant satisfies the third channel reservation criteria,39 and the
entire group proceeds to a point system analysis.
19.
UA Regents is the only applicant to certify that it is eligible for points as an established
local applicant. WRN is the only applicant to claim two points for diversity of ownership. WRN,
however, fails to support its diversity claim, and, accordingly, will not be awarded points under this


37 See Covenant, EBN, MBIC, Serendipity, ASDA, JSU Trustees, OTGM, and Smile Applications, Questions
III(1), III(2), and associated exhibits. Covenant claims that it would provide aggregated first and second NCE
service to 17,726 of the 174,888 people encompassed within its 60 dBu contour; EBN to 17,704 of the 174,215
people; MBIC to 37,028 of the 216,965 people; Serendipity to 141,207 of the 204,733 people; ASDA to 48,196 of
the 199,229 people; JSU Trustees to 17,896 of the 173,668 people; OTGM to 26,499 of the 164,548 people; and
Smile to 9,744 of the 74,654 people. Thus, each would provide combined first and second NCE service to at least
ten percent of the population within its 60 dBu contour and to more than 2,000 people.
38 If the Commission had accepted Serendipity's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, ASDA's credited total of five points would have still exceeded
Serendipity's claimed total of two points.
39 See UA Regents, WRN, and Cochise Applications, Questions III(1), III(2), and associated exhibits. UA Regents
claims that it would provide aggregated first and second NCE service to 5,145 of the 25,787 people encompassed
within its 60 dBu contour; WRN to all 26,982 of the 26,982 people; and Cochise to all 21,223 of the 21,223 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
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criterion.40 No applicant claims points as a statewide network. With respect to technical parameters, UA
Regents claims that its proposed 60 dBu contour would encompass 898 square kilometers with a
population of 25,787; WRN, 902 square kilometers and 26,982 people; and Cochise, 1,079 square
kilometers and 21,223 people. No applicant is eligible for points under the best technical proposal
criterion because no applicant proposes to serve both the most area and population, at least 10 percent
greater than the next best applicant. Accordingly, UA Regents is credited with a total of three points;
WRN and Cochise are each not credited with any points.41 UA Regents is therefore the tentative selectee
in Group 2.
20.

NCE Reserved Allotment Group 3.

This group consists of nine applications
proposing service on vacant Channel 260C3 at Somerton, Arizona, an allotment reserved by means of the
third channel reservation standard. The applicants are: Arizona Western College ("AWC"), Grace Public
Radio ("GPR"), Relevant Media, Inc. ("RMI"), Centro Cristiano Vida Abundante, Inc. ("CCVA"), Smile
FM ("Smile"), Campesinos sin Fronteras ("Campesinos"), Hispanic Family Christian Network, Inc.
("HFCN"), Yuma Fine Arts Association, Inc. ("YFAA"), and Radio Revista Nuevo Amanecer Ministries,
Inc. ("RRNAM"). Each applicant satisfies the third channel reservation criteria42 and proceeds to the
point system analysis.
21.
AWC, RMI, Campesinos, YFAA, and RRNAM each claim points as established local
applicants. GPR, CCVA, Smile, and HFCN do not claim points under this criterion. Each applicant, with
the exception of AWC and RMI, claims two points for diversity of ownership. GPR fails to submit
documentation to support its diversity claim, and, accordingly, will not receive points under this criterion.
None of the applicants claim points as statewide networks. With respect to technical parameters, AWC
claims that its proposed 60 dBu contour would encompass 2,420 square kilometers with a population of
156,772; GPR, 2,565 square kilometers and 156,491 people; RMI, 4,665 square kilometers and 156,581
people; CCVA, 2,691 square kilometers and 132,815 people; Smile, 2,377 square kilometers and 140,334
people; Campesinos, 3,917 square kilometers and 160,325 people; HFCN, 2,685 square kilometers and
155,444 people; YFAA, 646 square kilometers and 156,777 people; and RRNAM, 3,909 square
kilometers and 157,324 people. No applicant is eligible for any points under the best technical proposal
criterion because no applicant proposes to serve both the most area and population, at least 10 percent
greater than the next best proposal. Accordingly, Campesinos, YFAA, and RRNAM are credited with a
total of five points each; AWC and RMI each receives three points; CCVA, Smile, and HFCN are


40 WRN states that it is the licensee of, inter alia, three FM translator stations in Arizona. It does not pledge to
divest the FM translators, if necessary, and it provides no information from which the Commission or other parties
could verify that it timely modified its governing documents to maintain diversity in the future.
41 If the Commission had accepted WRN's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, UA Regents' credited total of three points would still have
exceeded WRN's claimed total of two points.
42 See AWC, GPR, RMI, CCVA, Smile, Campesinos, HFCN, YFAA, and RRNAM Applications, Questions III(1),
III(2), and associated exhibits. AWC claims that it would provide aggregated first and second NCE service to
19,430 of the 156,772 people encompassed within its proposed 60 dBu contour; GPR to 64,143 of the 156,491
people; RMI to 19,239 of the 156,581 people; CCVA to 18,883 of the 132,815 people; Smile to 18,392 of the
140,334 people; Campesinos to 23,480 of the 160,325 people; HFCN to all 155,444 of the 155,444 people; YFAA
to 19,482 of the 156,777 people; and RRNAM to 20,072 of the 157,324 people. Thus, each would provide
combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to
more than 2,000 people.

9

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FCC 11-67

awarded two points each; and GPR is not credited with any points.43 AWC, RMI, CCVA, Smile, HFCN,
and GPR are therefore each eliminated, and Campesinos, YFAA, and RRNAM proceed to a tie-breaker.
22.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. Campesinos, YFAA, and RRNAM certify that they each have no attributable interests in any
radio authorizations. Accordingly, each applicant proceeds to the second issue considered in a tie-breaker
the number of pending radio applications attributable to each applicant. Campesinos, YFAA, and
RRNAM certify that they each have an attributable interest in one radio application. Accordingly, we
proceed to the tiebreaker of last resort - mandatory timesharing. Campesinos, YFAA, and RRNAM are
thus each tentative selectees in Group 3 on a time-sharing basis.
23.

NCE Reserved Allotment Group 4.

This group is comprised of five applications
proposing service on vacant Channel 223C3 at Willcox, Arizona, an allotment reserved by means of the
third channel reservation standard. The applicants are: Grace Public Radio ("GPR"), Arizona Board of
Regents for the Benefit of the University of Arizona ("UA Regents"), Versailles Community
Broadcasting, Inc. ("Versailles"), World Radio Network, Inc. ("WRN"), and Cochise Community Radio
Corporation ("Cochise"). Each applicant satisfies the third channel reservation criteria,44 and the entire
group, therefore, proceeds to the point hearing.
24.
UA Regents and Versailles each claim three points as established local applicants;
GPR, WRN, and Cochise do not. GPR, Versailles, and WRN claim two points each for diversity of
ownership. GPR and WRN, however, fail to adequately support their respective diversity claims and,
therefore, will not receive points under this criterion.45 UA Regents and Cochise do not claim points for
diversity of ownership. None of the applicants claim points as statewide networks. With respect to
technical parameters, GPR claims that its proposed 60 dBu contour would encompass 4,695 square
kilometers with a population of 11,187; UA Regents, 1,924 square kilometers and 8,009 people;
Versailles, 4,991 square kilometers and 11,254 people; WRN, 4,887 square kilometers and 11,232 people;
and Cochise, 1,925 square kilometers and 7,853 people. No applicant is eligible for points under the best
technical proposal criterion because Versailles' proposal to serve the largest area and population does not
exceed WRN's next best proposal by at least 10 percent. Accordingly, Versailles is credited with a total
of five points; UA Regents receives three points; and GPR, WRN, and Cochise are each not credited with
any points.46 Versailles is therefore the tentative selectee in Group 4.


43 If the Commission had accepted GPR's claim of two points for diversity of ownership, it would not have changed
the outcome of this group. Specifically, the credited total for Campesinos, YFAA, and RRNAM of five points each
would still have exceeded GPR's claimed total of two points.
44 See GPR, UA Regents, Versailles, WRN, and Cochise Applications, Questions III(1), III(2), and associated
exhibits. GPR claims that it would provide aggregated first and second NCE service to 11,149 of the 11,187 people
encompassed within its 60 dBu contour; UA Regents to all 8,009 of the 8,009 people; Versailles to 11,192 of the
11,254 people; WRN to 11,190 of the 11,232 people; and Cochise to 7,837 of the 7,853 people. Thus, each would
provide combined first and second NCE service to at least ten percent of the population within its 60 dBu contour
and to more than 2,000 people.
45 Although WRN pledges to divest its four pending applications for FM translator stations in Willcox, Arizona, it
provides no information from which the Commission or other parties could verify that it timely modified its
governing documents to maintain diversity in the future. GPR provides no support for its diversity claim.
46 If the Commission had accepted the claims of GPR and WRN for diversity of ownership points, it would not have
changed the outcome of this group. Specifically, Versailles' credited total of five points would still have exceeded
GPR's and WRN's claimed total of two points each.
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25.

NCE Reserved Allotment Group 6.

This group consists of two applications
proposing service on vacant Channel 277C3 at McKinleyville, California. The two applicants are
Humboldt State University Advancement Foundation ("HSUAF") and Grace Public Radio ("GPR").47
HSUAF certifies that it is entitled to three points as an established local applicant; GPR does not. Each
applicant claims two points for diversity of ownership. GPR, however, fails to support its diversity claim
and, therefore, will not be awarded points under this criterion. Neither applicant claims points as a
statewide network. With respect to technical parameters, HSUAF's proposed 60 dBu contour would
encompass 1,485 square kilometers with a population of 88,340. GPR's proposed 60 dBu contour would
encompass 4,593 square kilometers with a population of 88,626. Neither applicant qualifies for points
under the best technical proposal criterion because GPR's proposal to reach the largest area and
population does not exceed both HSUAF's proposed area and population by at least ten percent.
Accordingly, HSUAF is credited with a total of five points, and GPR is not credited with any points.48
HSUAF is therefore the tentative selectee in Group 6.
26.

NCE Reserved Allotment Group 7.

This group consists of nine applications
proposing service on vacant Channel 298A at Sutter Creek, California, an allotment reserved by means of
the third channel reservation standard. The applicants are: Mother Lode Public Radio ("MLPR"), Grace
Public Radio ("GPR"), Farms of Amador ("Farms"), Calvary Chapel of Amador County, Inc. ("CCAC"),
Educational Media Foundation ("EMF"), Sutter Hill Seventh-Day Adventist Church ("SHSDA"), Indiana
Educational Broadcast Corp. ("IEBC"), Hispanic Family Christian Network, Inc. ("HFCN"), and Sonora
Sierra Heritage Foundation ("SSHF"). MLPR fails to satisfy the third channel reservation criteria, and,
accordingly, is eliminated.49 The remaining eight applicants demonstrate compliance50 and proceed to the
point system analysis.
27.
Farms, CCAC, SHSDA, IEBC, and SSHF each claim points as established local
applicants. IEBC, however, fails to sufficiently justify its localism claim, and, accordingly, will not
receive points under this criterion.51 GPR, EMF, and HFCN do not claim localism points. Each


47 In the Reserved Allotment Notice, the Bureau mistakenly listed vacant Channel 277C3 at McKinleyville,
California, as an allotment that had been reserved by means of the third channel reservation standard. The
allotment, however, was not reserved by means of this standard. See Amendment of Section 73.202(b), FM Table of
Allotments (McKinleyville,California)
, Report and Order, 16 FCC Rcd 8955 (2001). Accordingly, the applicants are
not required to demonstrate compliance with the third channel reservation criteria.
48 If the Commission had accepted GPR's claim of two points for diversity of ownership, it would not have changed
the outcome of this group. Specifically, HSUAF's credited total of five points would still have exceeded GPR's
claimed total of two points.
49 MLPR certifies that its proposed station would provide first NCE service to at least ten percent of the population
within its 60 dBu contour and to more than 2,000 people. It neglects, however, to submit any numbers to support its
claim.
50 See GPR, Farms, CCAC, EMF, SHSDA, IEBC, HFCN, and SSHF Applications, Questions III(1), III(2), and
associated exhibits. GPR claims that it would provide aggregated first and second NCE service to all 60,794 of the
60,794 people encompassed within its proposed 60 dBu contour; Farms to 52,589 of the 68,390 people; CCAC to
59,692 of the 82,125 people; EMF to all 10,496 of the 10,496 people; SHSDA to 57,326 of the 68,997 people; IEBC
to 21,087 of the 23,066 people; HFCN to 62,126 of the 67,838 people; and SSHF to 51,989 of the 68,741 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
51 To support its localism claim, IEBC explains that it was established in 1990 to deliver programming to schools in
central Indiana and in the process of expanding into California, it established an office in El Dorado Hills. The
Commission has stated that to qualify for localism points, the headquarters or residences specified must be "a
primary place of business or primary residence and not, for example, a post office box, lawyer's office, branch
(continued....)
11

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applicant, with the exception of EMF, claims two points for diversity of ownership. GPR and IEBC fail
to submit documentation to support their respective diversity claims, and, accordingly, neither will
receive points under this criterion. None of the applicants claim points as statewide networks. With
respect to technical parameters, GPR claims that its proposed 60 dBu contour would encompass 2,861
square kilometers with a population of 60,794; Farms, 2,874 square kilometers and 68,390 people;
CCAC, 3,379 square kilometers and 82,125 people; EMF, 294 square kilometers and 10,496 people;
SHSDA, 2,904 square kilometers and 68,997 people; IEBC, 1,053 square kilometers and 23,066 people;
HFCN, 3,372 square kilometers and 67,838 people; and SSHF, 2,863 square kilometers and 68,741
people. No applicant is eligible for points under the best technical proposal criterion because CCAC's
proposal to serve the largest area and population does not exceed both HFCN's next best area proposal
and SHSDA's next best population proposal by at least 10 percent. Accordingly, Farms, CCAC, SHSDA,
and SSHF are credited with a total of five points each; HFCN is awarded two points; and GPR, EMF, and
IEBC are not credited with any points.52 IEBC, HFCN, GPR, and EMF are therefore each eliminated, and
Farms, CCAC, SHSDA, and SSHF proceed to a tie-breaker.
28.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. Farms, CCAC, SHSDA, and SSHF certify that they each have no attributable interests in any
radio authorizations. Accordingly, each applicant proceeds to the second issue considered in a tie-breaker
the number of pending radio applications attributable to each applicant. Farms, SHSDA, and SSHF
certify that they each have an attributable interest in one radio application. CCAC certifies that it has no
attributable interest in any radio application. CCAC's certification, however, is incorrect. CCAC should
have listed the instant application filed during the window.53 Accordingly, we proceed to the tie-breaker
of last resort - mandatory timesharing. Farms, CCAC, SHSDA, and SSHF are thus each tentative
selectees in Group 7 on a time-sharing basis.
29.

NCE Reserved Allotment Group 8.

This group consists of eight applications
proposing service on vacant Channel 238A at Westley, California, an allotment reserved by means of the
third channel reservation standard. The applicants are: Modesto Peace/Life Center ("MPLC"), Radio
Bilingue, Inc. ("RBI"), Ondas de Vida Network, Inc. ("OVN"), Crossroads Church, an Evangelical Free


(...continued from previous page)
office, or vacation home, which would not provide sufficient contact between the station's decision and policy
makers and the area to be served." See NCE Order, 15 FCC Rcd at 7410 (emphasis added); see also FCC Form
340, Instructions to Section IV, Question 1 ("a nongovernmental applicant is local if, within 25 miles of the
reference coordinates for the proposed community of license, applicant has a school campus, its primary physical
headquarters, or the primary residences of 75% of its governing board members."). IEBC fails to establish that its
El Dorado Hills office is its primary headquarters. Moreover, we note that IEBC has specified a different "local"
address in each of its applications. See, e.g., FCC File Nos. BNPED-20100226AAX and 20071019AUG.
52 If the Commission had accepted IEBC's claim of three points for localism, and/or GPR's and IEBC's claims of
two points each for diversity of ownership, it would not have changed the outcome of this group. Specifically, the
credited total for Farms, CCAC, SHSDA, and SSHF of five points each would still have exceeded GPR's claimed
total of two points. Further, Farms, CCAC, SHSDA, and SSHF would have prevailed over IEBC under the tie-
breaker criterion.
53 Although it is essential that applicants make full and clear disclosure of all material facts in every application and
filing with the Commission, the false statement here does not appear to have been made with the intention of
deceiving the Commission. There is no evidence that CCAC knowingly misstated its number of pending
applications. Moreover, we note that in response to Section V(2) of FCC Form 340 ("pending applications"), other
applicants neglected to list applications filed during the February 2010, filing window, as directed. We, however,
caution CCAC to be attentive to its application certifications in the future because a false statement, even absent an
intent to deceive, may constitute an actionable violation of Section 1.17 of the Rules. 47 C.F.R. 1.17.
12

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Church ("Crossroads"), Centro Cristiano Vida Abundante, Inc. ("CCVA"), Calvary Chapel of Turlock,
Inc. ("CCT"), Hispanic Family Christian Network, Inc. ("HFCN"), and Sacred Heart Roman Catholic
Parish ("SHRCP"). Each applicant satisfies the third channel reservation criteria54 and proceeds to the
point system analysis.
30.
MPLC, Crossroads, CCT, and SHRCP each claim points as established local
applicants. RBI, OVN, CCVA, and HFCN do not claim points under this criterion. Each applicant
claims two points for diversity of ownership with Crossroad's claim based on a pledge to divest LPFM
station KEFC-LP, Turlock, California. OVN is the only applicant to claim points as a statewide network.
Such points, however, are only available to applicants that have not received two points for diversity of
ownership.55 OVN cannot receive points under both criteria. With respect to technical parameters,
MPLC claims that its proposed 60 dBu contour would encompass 2,019 square kilometers with a
population of 253,969; RBI, 2,492 square kilometers and 267,036 people; OVN, 1,259 square kilometers
and 159,435 people; Crossroads, 1,497 square kilometers and 147,373 people; CCVA, 1,814 square
kilometers and 240,860 people; CCT, 2,299 square kilometers and 269,972 people; HFCN, 1,901 square
kilometers and 370,560 people; and SHRCP, 3,376 square kilometers and 587,663 people. SHRCP
qualifies for two points under the best technical proposal criterion because its proposal will serve at least
25 percent more area and population than RBI's next best area proposal and HFCN's next best population
proposal. Accordingly, SHRCP is credited with a total of seven points; MPLC, Crossroads, and CCT are
credited with a total of five points each; and RBI, OVN, CCVA, and HFCN each receives two points.
SHRCP is therefore the tentative selectee in Group 8.
31.

NCE Reserved Allotment Group 9.

This group is comprised of five applications
proposing service on vacant Channel 270C2 at Olathe, Colorado, an allotment reserved by means of the
third channel reservation standard. The applicants are: JKJ Educational Foundation ("JKJ"), Calvary
Chapel of Montrose ("CCM"), Montrose Christian Broadcasting Corporation ("MCB"), Hispanic Family
Christian Network, Inc. ("HFCN"), and Grand Valley Public Radio, Inc. ("GVPR"). Each applicant
satisfies the third channel reservation criteria.56 Accordingly, the entire group proceeds to the point
hearing.
32.
CCM and MCB each claim three points as established local applicants; the other three
applicants do not. Each applicant claims two points for diversity of ownership. CCM's claim is based on
a pledge to divest LPFM station KDVW-LP, Montrose, Colorado. None of the applicants claim points as
statewide networks. With respect to technical parameters, JKJ claims that its proposed 60 dBu contour


54 See MPLC, RBI, OVN, Crossroads, CCVA, CCT, HFCN, and SHRCP Applications, Questions III(1), III(2), and
associated exhibits. MPLC claims that it would provide aggregated first and second NCE service to 26,531 of the
253,969 people encompassed within its proposed 60 dBu contour; RBI to 26,914 of the 267,036 people; OVN to
16,136 of the 159,435 people; Crossroads to 21,420 of the 147,373 people; CCVA to 30,723 of the 240,860 people;
CCT to 27,433 of the 269,972 people; HFCN to 61,295 of the 370,560 people; and SHRCP to 154,981 of the
587,663 people. Thus, each would provide combined first and second NCE service to at least ten percent of the
population within its 60 dBu contour and to more than 2,000 people.
55 See 47 C.F.R. 73.7003(b)(3). Moreover, OVN does not submit any information to support its claim that it
qualifies as a statewide network.
56 See JKJ, CCM, MCB, HFCN, and GVPR Applications, Questions III(1), III(2), and associated exhibits. JKJ
claims that it would provide aggregated first and second NCE service to 4,890 of the 48,835 people encompassed
within its 60 dBu contour; CCM to 4,596 of the 33,089 people; MCB to 8,383 of the 74,951 people; HFCN to
45,523 of the 47,244 people; and GVPR to 2,870 of the 14,869 people. Thus, each would provide combined first
and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000
people.
13

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FCC 11-67

would encompass 6,326 square kilometers and 48,835 people; CCM, 3,432 square kilometers and 33,089
people; MCB, 8,132 square kilometers and 74,951 people; HFCN, 2,770 square kilometers and 47,244
people; and GVPR, 588 square kilometers and 14,869 people. MCB qualifies for two points under the
best technical proposal criterion because its proposal will serve at least 25 percent more area and
population than JKJ's next best proposal. Accordingly, MCB is credited with a total of seven points;
CCM receives five points; and JKJ, HFC, and GVPR are credited with two points each. MCB is therefore
the tentative selectee in Group 9.
33.

NCE Reserved Allotment Group 10.

This group consists of two applications
proposing service on vacant Channel 293C at Olathe, Colorado, an allotment reserved by means of the
third channel reservation standard. The two applicants, NC Friends Broadcasting, Inc. ("NC Friends")
and Hispanic Family Christian Network, Inc. ("HFCN"), demonstrate compliance with the third channel
reservation criteria57 and proceed to the point system analysis. Neither applicant claims points as an
established local applicant or as a statewide network. Each applicant certifies that it is entitled to two
points for diversity of ownership. With respect to technical parameters, NC Friends' proposed 60 dBu
contour would encompass 23,338 square kilometers with a population of 89,628. HFCN's proposed 60
dBu contour would encompass 4,132 square kilometers with a population of 51,796. NC Friends
qualifies for two points under the best technical proposal criterion because its proposal will serve at least
25 percent more area and population than HFCN's proposal. Accordingly, NC Friends is credited with a
total of four points, and HFCN receives two points. NC Friends is the tentative selectee in Group 10.
34.

NCE Reserved Allotment Group 11.

This group consists of three applications
proposing service on vacant Channel 239A at Big Pine Key, Florida, an allotment reserved by means of
the third channel reservation standard. The applicants are: Multicare Foundation, Inc. ("Multicare"),
Classical South Florida, Inc. ("CSF"), and Serendipity Educational Broadcasting, Inc. ("Serendipity").
Multicare and CSF satisfy the third channel reservation criteria58 and proceed to the point system analysis.
Serendipity does not, and, accordingly, is eliminated.59


57 See NC Friends and HFCN Applications, Questions III(1), III(2), and associated exhibits. NC Friends' 60 dBu
contour encompasses 89,628 people, and its claimed aggregated first and second service is 22,716 people. HFCN's
60 dBu contour encompasses 51,796 people, and its claimed aggregated first and second service is 41,510 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
58 See Multicare and CSF Applications, Questions III(1), III(2), and associated exhibits. Multicare's 60 dBu
contour encompasses 15,610 people, and its claimed aggregated first and second NCE service is 11,874 people.
CSF's 60 dBu contour encompasses 14,557 people, and its claimed aggregated first and second NCE service is
11,874 people. Thus, each would provide combined first and second NCE service to at least ten percent of the
population within its 60 dBu contour and to more than 2,000 people.
59 Serendipity initially certified that its proposal would not provide combined first and second NCE service to at
least ten percent of the population within its 60 dBu contour and to more than 2,000 people. On November 30,
2010, over nine months after the close of the reserved allotment filing window, it amended its application to, inter
alia,
claim that its proposal would provide a second NCE service to at least ten percent of the population within its
60 dBu contour. Serendipity's post-filing window amendment is a prohibited attempt to enhance its comparative
position and will not be considered. The Commission has repeatedly disallowed the late submission of requested
information in comparative cases, finding that such an allowance would "inevitably lead to abuse of the
Commission's processes, applicant gamesmanship, and unfair advantage." Silver Springs Communications,
Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. denied, 4 FCC Rcd 4917 (1989) (concluding
that the rejection of an untimely filed notice of appearance in a comparative case is necessary in order to maintain
the integrity of the Commission's processes and to insure that an applicant's gamesmanship does not result in an
unfair advantage). See also LRB Broadcasting, Memorandum Opinion and Order, 8 FCC Rcd 3076 (1993).
Moreover, we note that even if we were to accept Serendipity's amendment, it would not change the outcome of this
group. Multicare would still prevail as the tentative selectee.
(continued....)
14

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FCC 11-67

35.
Multicare certifies that it is entitled to three points as an established local applicant and
two points for diversity of ownership. CSF does not claim points under either criterion. Neither applicant
claims points as a statewide network. With respect to technical parameters, Multicare's proposed 60 dBu
contour would encompass 151 square kilometers with a population of 15,610. CSF's proposed 60 dBu
contour would encompass 299 square kilometers with a population of 14,557. Neither applicant is
eligible for points under the best technical proposal criterion because neither applicant proposes to serve
both the most area and population, at least 10 percent greater than the other. Accordingly, Multicare is
credited with a total of five points, and CSF is not credited with any points. Multicare is the tentative
selectee in Group 11.
36.

NCE Reserved Allotment Group 12.

This group consists of seven applications
proposing service on vacant Channel 234C3 at Horseshoe Beach, Florida, an allotment reserved by means
of the third channel reservation standard. The applicants are: Better Public Broadcasting Association
("BPBA"), Serendipity Educational Broadcasting, Inc. ("Serendipity"), Southern Cultural Foundation
("SCF"), Help Save the Apalachicola River Group, Inc. ("HSARG"), Hispanic Family Christian Network,
Inc. ("HFCN"), Smile FM ("Smile"), and Florida Community Radio, Inc. ("FCR"). Each applicant
satisfies the third channel reservation criteria,60 and the entire group proceeds to a point hearing.
37.
None of the applicants claim points as an established local applicant. Each applicant
claims two points for diversity of ownership with FCR's claim based on a pledge to divest LPFM station
WMJB-LP, Lake City, Florida. BPBA and Serendipity fail to submit documentation to support their
respective diversity claims, and, accordingly, neither will receive points under this criterion. None of the
applicants claim points as statewide networks. With respect to technical parameters, BPBA claims that its
proposed 60 dBu contour would encompass 1,506 square kilometers with a population of 15,542;
Serendipity, 4,730 square kilometers and 26,580 people; SCF, 2,659 square kilometers and 26,740
people; HSARG, 4,797 square kilometers and 26,832 people; HFCN, 4,594 square kilometers and 32,187
people; Smile, 4,619 square kilometers and 26,566 people; and FCR, 1,454 square kilometers and 26,224
people. No applicant is eligible for any points under the best technical proposal criterion because no
applicant proposes to serve both the most area and population, at least 10 percent greater than the next
best proposal. Accordingly, SCF, HSARG, HFCN, Smile, and FCR are credited with a total of two points
each; BPBA and Serendipity are not credited with any points.61 BPBA and Serendipity are therefore each
eliminated, and SCF, HSARG, HFCN, Smile and FCR proceed to a tie-breaker.
38.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. Smile, SCF, and HFCN certify that they have attributable interests in 22 radio authorizations,
four radio authorizations, and one radio authorization, respectively. HSARG and FCR certify that they
each have no attributable interests in any radio authorizations. Accordingly, Smile, SCF, and HFCN are
eliminated, and HSARG and FCR proceed to the second issue considered in a tie-breaker the number of


(...continued from previous page)
60 See BPBA, Serendipity, SCF, HSARG, HFCN, Smile, and FCR Applications, Questions III(1), III(2), and
associated exhibits. BPBA claims that it would provide aggregated first and second NCE service to 5,394 of the
15,542 people encompassed within its 60 dBu contour; Serendipity to 19,781 of the 26,580 people; SCF to 12,397 of
the 26,740 people; HSARG to 7,972 of the 26,832 people; HFCN to all 32,187 of the 32,187 people; Smile to 5,986
of the 26,566 people; and FCR to 7,600 of the 26,224 people. Thus, each would provide combined first and second
NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
61 If the Commission had accepted BPBA's or Serendipity's claims of two points each for diversity of ownership, it
would not have changed the outcome of this group. Specifically, HSARG and FCR would still have prevailed as the
tentative selectees under the tiebreaker criterion.
15

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FCC 11-67

pending radio applications attributable to each applicant. HSARG and FCR certify that they each have
attributable interests in three radio applications. Accordingly, we proceed to the tie-breaker of last resort -
mandatory timesharing. HSARG and FCR are thus each tentative selectees in Group 12 on a time-sharing
basis.
39.

NCE Reserved Allotment Group 13.

This group consists of six applications
proposing service on vacant Channel 261A at Live Oak, Florida, an allotment reserved by means of the
third channel reservation standard. The applicants are: Grace Public Radio ("GPR"), Southern Cultural
Foundation ("SCF"), Florida Community Radio, Inc. ("FCR"), Help Save the Apalachicola River Group,
Inc. ("HSARG"), Learning Avenue, Inc. ("LAI"), and Call Communications Group, Inc. ("Call"). Each
demonstrates compliance with the third channel reservation criteria,62 and the entire group proceeds to a
point hearing.

40.
FCR and LAI certify that they are each entitled to points as established local applicants;
the other four applicants do not claim points under this criterion. Each applicant claims two points for
diversity of ownership with FCR's claim based on a pledge to divest LPFM station WMJB-LP, Lake
City, Florida. GPR fails to submit documentation to support its diversity claim, and, accordingly, will not
receive points under this criterion. None of the applicants claim points as statewide networks. With
respect to technical parameters, GPR claims that its proposed 60 dBu contour would encompass 2,531
square kilometers with a population of 37,612; SCF, 2,356 square kilometers and 44,143 people; FCR,
326 square kilometers and 26,860 people; HSARG, 2,512 square kilometers and 44,182 people; LAI,
2,479 square kilometers and 47,266 people; and Call, 2,457 square kilometers and 58,506 people. No
applicant is eligible for any points under the best technical proposal criterion because no applicant
proposes to serve both the most area and population, at least 10 percent greater than the next best
proposal. Accordingly, FCR and LAI are credited with a total of five points each; SCF, HSARG, and
Call receive two points each; and GPR is not credited with any points.63 SCF, HSARG, Call, and GPR
are therefore each eliminated, and FCR and LAI proceed to a tie-breaker.
41.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. FCR and LAI certify that they each have no attributable interests in any radio authorizations.
Accordingly, we proceed to the second issue considered in a tie-breaker the number of pending radio
applications attributable to each applicant. FCR and LAI certify that they each have an attributable
interest in one radio application. FCR's certification, however, is incorrect. FCR should have listed the
instant application and its two other applications filed during the February 2010, window.64 Accounting


62 See GPR, SCF, FCR, HSARG, LAI, and Call Applications, Questions III(1), III(2), and associated exhibits. GPR
claims that it would provide aggregated first and second NCE service to 18,449 of the 37,612 people encompassed
within its 60 dBu contour; SCF to 27,175 of the 44,143 people; FCR to at least 2,686 of the 26,860 people; HSARG
to 8,797 of the 44,182 people; LAI to 8,904 of the 47,266 people; and Call to 9,941 of the 58,506 people. Thus,
each would provide combined first and second NCE service to at least ten percent of the population within its 60
dBu contour and to more than 2,000 people.
63 If the Commission had accepted GPR's claim of two points for diversity of ownership, it would not have changed
the outcome of this group. Specifically, the credited totals of FCR and LAI of five points each would still have
exceeded GPR's claimed total of two points.
64 See FCC File Nos. BNPED-20100226AGX and 20100226AIK. Although it is essential that applicants make full
and clear disclosure of all material facts in every application and filing with the Commission, there is no evidence
that FCR knowingly misstated the number of pending applications. We, however, caution FCR to be attentive to
application certifications in the future, because a false statement, even absent an intent to deceive, may constitute an
actionable violation of Section 1.17 of the Rules. See also supra note 53.
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for this error, LAI therefore prevails based on this second tie-breaker and is the tentative selectee in
Group 13.
42.

NCE Reserved Allotment Group 14.

This group consists of three applications
proposing service on vacant Channel 240A at Otter Creek, Florida, an allotment reserved by means of the
third channel reservation standard. The applicants are: Better Public Broadcasting Association
("BPBA"), Citrus County Association for Retarded Citizens, Inc. ("CCARC"), and Florida Community
Radio, Inc. ("FCR"). Each applicant satisfies the third channel reservation criteria,65 and the group
proceeds to a point system analysis.
43.
FCR certifies that it is eligible for points as an established local applicant; BPBA and
CCARC do not. BPBA and FCR claim two points each for diversity of ownership with FCR's claim
based on a pledge to divest LPFM station WMJB-LP, Lake City, Florida. BPBA fails to submit any
documentation to support its diversity claim, and, accordingly, will not receive points under this criterion.
CCARC does not claim diversity points. None of the applicants claim points as a statewide network.
With respect to technical parameters, BPBA claims that its proposed 60 dBu contour would encompass
1,044 square kilometers with a population of 3,566; CCARC, 2,216 square kilometers and 14,638 people;
and FCR, 382 square kilometers and 11,653 people. CCARC qualifies for two points under the best
technical proposal criterion because its proposal will serve at least 25 percent more area and population
than BPBA's next best area proposal and FCR's next best population proposal. Accordingly, FCR is
credited with a total of five points; CCARC is awarded two points; and BPBA is not credited with any
points.66 FCR is therefore the tentative selectee in Group 14.
44.

NCE Reserved Allotment Group 15.

This group consists of three applications
proposing service on vacant Channel 245A at Reynolds, Georgia, an allotment reserved by means of the
third channel reservation standard. The applicants are: Calvary Chapel Heartland, Inc. ("CCH"),
Serendipity Educational Broadcasting, Inc. ("Serendipity"), and Fort Valley State University ("FVSU").
Each satisfies the third channel reservation criteria,67 and the group proceeds to a point hearing.
45.
CCH and FVSU each claim to be eligible for points as established local applicants;
Serendipity does not. Each applicant claims two points for diversity of ownership with the claims of
CCH and FVSU based on pledges to divest LPFM stations WLVN-LP and WFVS-LP, respectively.
Serendipity fails to submit documentation to support its diversity claim, and, accordingly, will not receive
points under this criterion. None of the applicants claim points as statewide networks. With respect to
technical parameters, CCH claims that its proposed 60 dBu contour would encompass 2,514 square
kilometers with a population of 41,598; Serendipity, 2,095 square kilometers and 29,636 people; and
FVSU, 2,531 square kilometers and 42,157 people. No applicant is eligible for points under the best


65 See BPBA, CCARC, and FCR Applications, Questions III(1), III(2), and associated exhibits. BPBA claims that it
would provide aggregated first and second NCE service to 3,439 of the 3,566 people encompassed within its 60 dBu
contour; CCARC to 4,648 of the 14,638 people; and FCR to 3,896 of the 11,653 people. Thus, each would provide
combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to
more than 2,000 people.
66 If the Commission had accepted BPBA's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, FCR's credited total of five points would still have exceeded
BPBA's claimed total of two points.
67 See CCH, Serendipity, and FVSU Applications, Questions III(1), III(2), and associated exhibits. CCH claims that
it would provide aggregated first and second NCE service to 5,043 of the 41,598 people encompassed within its 60
dBu contour; Serendipity to 17,111 of the 29,636 people; and FVSU to 5,358 of the 42,157 people. Thus, each
would provide combined first and second NCE service to at least ten percent of the population within its 60 dBu
contour and to more than 2,000 people.
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technical proposal criterion because FVSU's proposal to serve the largest area and population does not
exceed CCH's next best proposal by at least 10 percent. Accordingly, CCH and FVSU are each credited
with a total of five points; Serendipity is not credited with any points.68 Serendipity is therefore
eliminated, and CCH and FVSU proceed to a tie-breaker.
46.
The first issue considered in a tie-breaker for NCE FM applicants is the number of
radio station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. FVSU certifies that it has 10 attributable interests; CCH certifies that it has no attributable
interest in any radio authorization. CCH therefore prevails based on this first tie-breaker and is the
tentative selectee in Group 15.
47.

NCE Reserved Allotment Group 16.

This group consists of four applications
proposing service on vacant Channel 271C3 at Keosauqua, Iowa, an allotment reserved by means of the
third channel reservation standard. The applicants are: Serendipity Educational Broadcasting, Inc.
("Serendipity"), Extreme Grace Media, Inc. ("EGM"), St. Mary Radio d/b/a Radio Apostolate for the
Heartland ("SMR"), and Fairfield Youth Advocacy, Inc. ("FYA"). Each applicant demonstrates
compliance with the third channel reservation criteria.69 The entire group, therefore, proceeds to a point
hearing.
48.
SMR and FYA certify that they are each entitled to points as established local
applicants; the other two applicants do not claim points under this criterion. Each applicant claims two
points for diversity of ownership with FYA's claim based on a pledge to divest LPFM station KRUU-LP,
Fairfield, Iowa. Serendipity fails to submit documentation to support its diversity claim, and,
accordingly, will not receive points under this criterion. None of the applicants claim points as statewide
networks. With respect to technical parameters, Serendipity claims that its proposed 60 dBu contour
would encompass 4,855 square kilometers with a population of 41,780; EGM, 4,782 square kilometers
and 39,914 people; SMR, 4,830 square kilometers and 65,939 people; and FYA, 4,674 square kilometers
and 45,410 people. No applicant is eligible for any points under the best technical proposal criterion
because no applicant proposes to serve both the most area and population, at least 10 percent greater than
the next best proposal. Accordingly, SMR and FYA are credited with a total of five points each; EGM
receives two points; and Serendipity is not credited with any points.70 EGM and Serendipity are therefore
each eliminated, and SMR and FYA proceed to a tie-breaker.
49.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. SMR and FYA certify that they each have no attributable interests in any radio authorizations.71


68 If the Commission had accepted Serendipity's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, the credited totals of CCH and FVSU for five points each would
still have exceeded Serendipity's claimed total of two points.
69 See Serendipity, EGM, SMR, and FYA Applications, Questions III(1), III(2), and associated exhibits. Serendipity
claims that it would provide aggregated first and second NCE service to all 41,780 of the 41,780 people
encompassed within its 60 dBu contour; EGM to 19,402 of the 39,914 people; SMR to 17,771 of the 65,939 people;
and FYA to 17,127 of the 45,410 people. Thus, each would provide combined first and second NCE service to at
least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
70 If the Commission had accepted Serendipity's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, the credited totals of SMR and FYA of five points each would still
have exceeded Serendipity's claimed total of two points.
71 Because FYA has pledged to divest LPFM station KRUU-LP, it may exclude the station from its count of
attributable radio authorizations. See supra note 28.
(continued....)
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Accordingly, we proceed to the second issue considered in a tie-breaker the number of pending radio
applications attributable to each applicant. SMR and FYA certify that they each have an attributable
interest in one radio application. Accordingly, we proceed to the tie-breaker of last resort - mandatory
timesharing. SMR and FYA are thus each tentative selectees in Group 16 on a time-sharing basis.

50.

NCE Reserved Allotment Group 17.

This group is comprised of six applications
proposing service on vacant Channel 246A at Moville, Iowa, an allotment reserved by means of the third
channel reservation standard. The applicants are: Iowa State University of Science & Technology
("ISUST"), JKJ Educational Foundation ("JKJ"), Public Education Network ("PEN"), Hammock
Educational and Environmental Community Services ("Hammock"), Hispanic Family Christian Network,
Inc. ("HFCN"), and Alleycat Communications ("Alleycat"). Each applicant satisfies the third channel
reservation criteria,72 and the group proceeds to a point hearing.
51.
ISUST is the only applicant to certify that it is entitled to three points as an established
local applicant. Each applicant, with the exception of ISUST, claims two points for diversity of
ownership. Hammock is the only applicant to claim points as a statewide network. Such points,
however, are only available to applicants that have not received two points for diversity of ownership.73
Hammock cannot receive points under both criteria. With respect to technical parameters, ISUST claims
that its proposed 60 dBu contour would encompass 2,541 square kilometers with a population of 45,818;
JKJ, 1,985 square kilometers and 54,057 people; PEN, 1,802 square kilometers and 41,581 people;
Hammock, 2,359 square kilometers and 26,172 people; HFCN, 3,011 square kilometers and 17,736
people; and Alleycat, 1,658 square kilometers and 13,314 people. No applicant is eligible for points
under the best technical proposal criterion because no applicant proposes to serve both the most area and
population, at least 10 percent greater than the next best proposal. Accordingly, ISUST is credited with a
total of three points; JKJ, PEN, Hammock, HFCN, and Alleycat each receive two points. ISUST is the
tentative selectee in Group 17.
52.

NCE Reserved Allotment Group 18.

This group consists of three applications
proposing service on vacant Channel 268A at Rudd, Iowa, an allotment reserved by means of the third
channel reservation standard. The applicants are: Network of Glory, Inc. ("NOG"), Minn-Iowa Christian
Broadcasting, Inc. ("MICB"), and Extreme Grace Media, Inc. ("EGM"). Each applicant satisfies the
third channel reservation criteria,74 and the group proceeds to a point hearing.
53.
None of the applicants claims points as an established local applicant or as a statewide
network. Each applicant claims two points for diversity of ownership. Although NOG certifies that it


(...continued from previous page)
72 See ISUST, JKJ, PEN, Hammock, HFCN, and Alleycat Applications, Questions III(1), III(2), and associated
exhibits. ISUST claims that it would provide aggregated first and second NCE service to 6,398 of the 45,818 people
encompassed within its 60 dBu contour; JKJ to 5,425 of the 54,057 people; PEN to 4,347 of the 41,581 people;
Hammock to 8,535 of the 26,172 people; HFCN to all 17,736 of the 17,736 people; and Alleycat to 4,527 of the
13,314 people. Thus, each would provide combined first and second NCE service to at least ten percent of the
population within its 60 dBu contour and to more than 2,000 people.
73 See 47 C.F.R. 73.7003(b)(3). Moreover, Hammock does not submit any information to support its claim that it
qualifies as a statewide network.
74 See NOG, MICB, and EGM Applications, Questions III(1), III(2), and associated exhibits. NOG claims that it
would provide aggregated first and second NCE service to 17,922 of the 58,473 people encompassed within its 60
dBu contour; MICB to 10,322 of the 52,820 people; and EGM to 5,281 of the 45,103 people. Thus, each would
provide combined first and second NCE service to at least ten percent of the population within its 60 dBu contour
and to more than 2,000 people.
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currently has no authorizations, NOG provides no indication that it timely adopted governing documents
that would require it to maintain diversity in the future. Accordingly, we will not award points to NOG
under this criterion. With respect to technical parameters, NOG claims that its proposed 60 dBu contour
would encompass 2,502 square kilometers with a population of 58,473; MICB, 2,108 square kilometers
and 52,820 people; and EGM, 1,798 square kilometers and 45,103 people. NOG qualifies for one point
under the best technical proposal criterion because its proposal will serve at least 10 percent more area
and population than MICB's next best proposal. Accordingly, MICB and EGM are each credited with a
total of two points, and NOG is credited with one point. NOG is therefore eliminated, and MICB and
EGM proceed to a tie-breaker.
54.
The first issue considered in a tie-breaker for NCE FM applicants is the number of
radio station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. MICB certifies that it has nine attributable interests; EGM certifies that it has seven attributable
interests in radio authorizations. EGM therefore prevails based on this first tie-breaker and is the tentative
selectee in Group 18.
55.

NCE Reserved Allotment Group 19.

This group is comprised of four applications
proposing service on vacant Channel 247C1 at Weiser, Idaho, an allotment reserved by means of the third
channel reservation standard. The applicants are: Grace Public Radio ("GPR"), Blessed Sacrament
Catholic Church of Ontario, Inc. ("BSCCO"), Hispanic Family Christian Network, Inc. ("HFCN"), and
Tool Shed PDX ("Tool"). Each applicant demonstrates compliance with the third channel reservation
criteria.75 The entire group, therefore, proceeds to a point system analysis.
56.
BSCCO is the only applicant to certify that it is entitled to three points as an established
local applicant. Each applicant claims two points for diversity of ownership. GPR, however, provides no
documentation to support its claim, and, accordingly, will not receive points under this criterion. None of
the applicants claim points as statewide networks. With respect to technical parameters, GPR claims that
its proposed 60 dBu contour would encompass 15,688 square kilometers with a population of 79,072;
BSCCO, 17,317 square kilometers and 80,011 people; HFCN, 24,785 square kilometers and 161,446
people; and Tool, 16,162 square kilometers and 80,247 people. HFCN qualifies for two points under the
best technical proposal criterion because its proposal will serve at least 25 percent more area and
population than BSCCO's next best area proposal and Tool's next best population proposal.
Accordingly, BSCCO is credited with a total of five points; HFCN receives four points; Tool is awarded
two points; and GPR is not credited with any points.76 BSCCO is the tentative selectee in Group 19.
57.

NCE Reserved Allotment Group 20.

This group consists of five applications
proposing service on vacant Channel 277A at Canton, Illinois, an allotment reserved by means of the third
channel reservation standard. The applicants are: Grace Public Radio ("GPR"), Canton Seventh-Day
Adventist Church ("CSDA"), Illinois State University ("ISU"), Hispanic Family Christian Network, Inc.


75 See GPR, BSCCO, HFCN, and Tool Applications, Questions III(1), III(2), and associated exhibits. GPR claims
that it would provide aggregated first and second NCE service to 37,925 of the 79,072 people encompassed within
its 60 dBu contour; BSCCO to 14,676 of the 80,011 people; HFCN to all 161,446 of the 161,446 people; and Tool
to 32,338 of the 80,247 people. Thus, each would provide combined first and second NCE service to at least ten
percent of the population within its 60 dBu contour and to more than 2,000 people.
76 If the Commission had accepted GPR's claim of two points for diversity of ownership, it would not have changed
the outcome of this group. Specifically, BSCCO's credited total of five points would have still exceeded GPR's
claimed total of two points.
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("HFCN"), and Indiana Educational Broadcast Corp. ("IEBC"). Each applicant satisfies the third channel
reservation criteria,77 and the group proceeds to a point hearing.
58.
CSDA and ISU certify that they are each entitled to three points as established local
applicants; the other three applicants do not claim points under this criterion. Each applicant, with the
exception of ISU, claims two points for diversity of ownership. GPR and IEBC fail to support their
respective diversity claims, and, accordingly, will not receive points under this criterion. None of the
applicants claim points as statewide networks. With respect to technical parameters, GPR claims that its
proposed 60 dBu contour would encompass 2,456 square kilometers with a population of 44,599; CSDA,
2,290 square kilometers and 72,872 people; ISU, 1,625 square kilometers and 35,707 people; HFCN,
1,905 square kilometers and 38,983 people; and IEBC, 2,273 square kilometers and 71,913 people. No
applicant is eligible for any points under the best technical proposal criterion because no applicant
proposes to serve both the most area and population, at least 10 percent greater than the next best
proposal. Accordingly, CSDA is credited with a total of five points; ISU receives three points; HFCN is
awarded two points; and GPR and IEBC are not credited with any points.78 CSDA is therefore the
tentative selectee in Group 20.
59.

NCE Reserved Allotment Group 21.

This group consists of four applications
proposing service on vacant Channel 258A at Cedarville, Illinois, an allotment reserved by means of the
third channel reservation standard. The applicants are: Network of Glory, Inc. ("NOG"), Community
Broadcasting, Inc. ("CBI"), Our Catholic Family Radio ("OCFR"), and Shannon Baptist Church ("SBC").
NOG fails to satisfy the third channel reservation criteria, and, accordingly, is eliminated.79 The
remaining three applicants each satisfy the reservation criteria80 and proceed to a point system analysis.
60.
OCFR and SBC claim three points each as established local applicants; CBI does not.
SBC fails to provide any documentation to support its localism claim, and, accordingly, will not receive
points under this criterion. Each applicant claims two points for diversity of ownership. SBC, however,
fails to support its diversity claim and will not receive points under this criterion. None of the applicants
claim points as statewide networks. With respect to technical parameters, CBI claims that its proposed 60
dBu contour would encompass 2,390 square kilometers with a population of 59,129; OCFR, 2,546 square
kilometers and 62,666 people; and SBC, 2,486 square kilometers and 61,431 people. No applicant is
eligible for points under the best technical proposal criterion because OCFR's proposal to serve the


77 See GPR, CSDA, ISU, HFCN, and IEBC Applications, Questions III(1), III(2), and associated exhibits. GPR
claims that it would provide aggregated first and second NCE service to 16,247 of the 44,599 people encompassed
within its 60 dBu contour; CSDA to 19,100 of the 77,872 people; ISU to 12,738 of the 35,707 people; HFCN to all
38,983 of the 38,983 people; and IEBC to 18,948 of the 71,913 people. Thus, each would provide combined first
and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than 2,000
people.
78 If the Commission had accepted GPR's or IEBC's claims of two points each for diversity of ownership, it would
not have changed the outcome of this group. Specifically, CSDA's credited total of five points would have still
exceeded GPR's and IEBC's claimed total of two points each.
79 NOG certifies that its proposed station would not provide combined first and second NCE service to at least ten
percent of the population within its 60 dBu contour and to more than 2,000 people.
80 See CBI, OCFR, and SBC Applications, Questions III(1), III(2), and associated exhibits. CBI claims that it would
provide aggregated first and second NCE service to 53,170 of the 59,129 people encompassed within its 60 dBu
contour; OCFR to 53,090 of the 62,666 people; and SBC to 49,903 of the 61,431 people. Thus, each would provide
combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to
more than 2,000 people.
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largest area and population does not exceed SBC's next best proposal by at least 10 percent.
Accordingly, OCFR is credited with a total of five points; CBI receives two points; and SBC is not
credited with any points.81 OCFR is therefore the tentative selectee in Group 21.
61.

NCE Reserved Allotment Group 22.

This group consists of two applications
proposing service on vacant Channel 297A at Clifton, Illinois, an allotment reserved by means of the third
channel reservation standard. The applicants, Serendipity Educational Broadcasting, Inc. ("Serendipity")
and Prairie Air, Inc. ("Prairie"), each satisfy the third channel reservation criteria.82 Neither applicant
claims to be eligible for points as an established local applicant. Each applicant claims two points for
diversity of ownership. Serendipity, however, does not provide the requisite support for its diversity
claim and, accordingly, will not receive points under this criterion.83 Neither applicant claims points as a
statewide network. With respect to technical parameters, Serendipity's proposed 60 dBu contour would
encompass 1,455 square kilometers with a population of 16,159. Prairie's proposed 60 dBu contour
would encompass 2,367 square kilometers with a population of 34,348. Prairie qualifies for two points
under the best technical proposal criterion because its proposal will serve at least 25 percent more area
and population than Serendipity's proposal. Accordingly, Prairie is credited with a total of four points;
Serendipity is not credited with any points.84 Prairie is therefore the tentative selectee in Group 22.
62.

NCE Reserved Allotment Group 23.

This group consists of eight applications
proposing service on vacant Channel 295A at Freeport, Illinois, an allotment reserved by means of the
third channel reservation standard. The applicants are: Grace Public Radio ("GPR"), Northwestern
Illinois Radio Fellowship ("NIRF"), Community Broadcasting, Inc. ("CBI"), Aquin Central Catholic
High School ("Aquin"), Calvary Radio Network, Inc. ("Calvary"), Christian Radio Network ("CRN"),
Rockford Urban Ministries ("RUM"), and Shannon Baptist Church ("SBC"). Each applicant satisfies the
third channel reservation criteria,85 and the entire group proceeds to a point hearing.
63.
NIRF, Aquin, and SBC certify that each is entitled to points as an established local
applicant. SBC, however, fails to provide any documentation to support its claim, and, accordingly, will
not receive points under this criterion. GPR, CBI, Calvary, CRN, and RUM do not claim localism points.


81 If the Commission had accepted SBC's claims of three points for localism and two points for diversity of
ownership, it would not have changed the outcome of this group. OCFR would still have prevailed as the tentative
selectee under the second tie-breaker criterion.
82 See Serendipity and Prairie Applications, Questions III(1), III(2), and associated exhibits. Serendipity's 60 dBu
contour encompasses 16,159 people, and its claimed aggregated first and second NCE service is all 16,159 people.
Prairie's 60 dBu contour encompasses 34,348 people, and its claimed aggregated first and second NCE service is
11,114 people. Thus, each would provide combined first and second NCE service to at least ten percent of the
population within its 60 dBu contour and to more than 2,000 people.
83 Although Serendipity certifies that its proposed station will not overlap the principal community contours of any
of its authorized stations, Serendipity provides no indication that it timely adopted governing documents that would
require it to maintain diversity in the future.
84 If the Commission had accepted Serendipity's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, Prairie's credited total of four points would still have exceeded
Serendipity's claimed total of two points.
85 See GPR, NIRF, CBI, Aquin, Calvary, CRN, RUM, and SBC Applications, Questions III(1), III(2), and associated
exhibits. GPR claims that it would provide aggregated first and second NCE service to 26,512 of the 64,660 people
encompassed within its 60 dBu contour; NIRF to 46,577 of the 64,632 people; CBI to 52,360 of the 62,147 people;
Aquin to 46,666 of the 64,927 people; Calvary to 43,402 of the 70,977 people; CRN to all 64,680 of the 64,680
people; RUM to 46,538 of the 64,552 people; and SBC to 56,000 of the 61,431 people. Thus, each would provide
combined first and second NCE service to at least ten percent of the population within its 60 dBu contour and to
more than 2,000 people.
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Each applicant claims two points for diversity of ownership. GPR, Calvary, and SBC fail to submit
documentation to support their respective diversity claims, and, accordingly, each will not receive points
under this criterion. NIRF is the only applicant to claim points as a statewide network. Such points,
however, are only available to applicants that have not received two points for diversity of ownership.86
NIRF cannot receive points under both criteria. With respect to technical parameters, GPR claims that its
proposed 60 dBu contour would encompass 2,577 square kilometers with a population of 64,660; NIRF,
2,566 square kilometers and 64,632 people; CBI, 2,511 square kilometers and 62,147 people; Aquin,
2,662 square kilometers and 64,927 people; Calvary, 2,262 square kilometers and 70,977 people; CRN,
6,141 square kilometers and 64,680 people; RUM, 2,567 square kilometers and 64,552 people; and SBC,
6,200 square kilometers and 61,431 people. No applicant is eligible for any points under the best
technical proposal criterion because no applicant proposes to serve both the most area and population, at
least 10 percent greater than the next best proposal. Accordingly, NIRF and Aquin are credited with a
total of five points; CBI, CRN, and RUM are awarded two points each; GPR, Calvary and SBC are not
credited with any points.87 CBI, CRN, RUM, GPR, Calvary, and SBC are therefore each eliminated, and
NIRF and Aquin proceed to a tie-breaker.
64.
The first issue considered in a tie-breaker for NCE FM applicants is the number of
radio station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. Aquin certifies that it has four attributable interests; NIRF certifies that it has no attributable
interest in any radio authorization. NIRF therefore prevails based on this first tie-breaker and is the
tentative selectee in Group 23.
65.

NCE Reserved Allotment Group 24.

This group consists of two applications
proposing service on vacant Channel 282A at Pinckneyville, Illinois, an allotment reserved by means of
the third channel reservation standard. The two applicants, Pinckneyville Community Radio ("PCR") and
Heterodyne Broadcasting Company ("HBC"), each demonstrate compliance with the third channel
reservation criteria.88 PCR and HBC each claim three points as established local applicants and two
points for diversity of ownership. Neither applicant claims points as a statewide network. With respect to
technical parameters, PCR's proposed 60 dBu contour would encompass 1,578 square kilometers with a
population of 27,926. HBC's proposed 60 dBu contour would encompass 1,612 square kilometers with a
population of 27,957. Neither applicant qualifies for points under the best technical proposal criterion
because neither proposal will serve at least 10 percent more area and population than the other.
Accordingly, PCR and HBC are each credited with a total of five points and proceed to the tie-breaker.
66.
The first issue considered in a tie-breaker for NCE FM applicants is the number of
radio station authorizations attributable to each applicant. The applicant with the fewest authorizations


86 See 47 C.F.R. 73.7003(b)(3). Moreover, NIRF does not submit any information to support its claim that it
qualifies as a statewide network.
87 If the Commission had accepted SBC's claim of three points for localism and/or SBC's, Calvary's, and GPR's
claims of two points each for diversity of ownership, it would not have changed the outcome of this group.
Specifically, NIRF's credited total of five points would have still exceeded Calvary's and GPR's claimed total of
two points each. Further, NIRF would have prevailed over SBC as the tentative selectee under the second tiebreaker
criterion.
88 See PCR and HBC Applications, Questions III(1), III(2), and associated exhibits. PCR's 60 dBu contour
encompasses 27,926 people, and its claimed aggregated first and second NCE service is 11,973 people. HBC's 60
dBu contour encompasses 27,957 people, and its claimed aggregated first and second NCE service is 12,487 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
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prevails. PCR certifies that it has no attributable interests; HBC certifies that it has an attributable interest
in one radio authorization. PCR therefore prevails based on this first tie-breaker and is the tentative
selectee in Group 24.
67.

NCE Reserved Allotment Group 25.

This group consists of seven applications
proposing service on vacant Channel 228A at Columbus, Indiana, an allotment reserved by means of the
third channel reservation standard. The applicants are: The Moody Bible Institute of Chicago ("MBIC"),
Christian Radio Friends, Inc. ("CRF"), Triangle Foundation, Inc. ("Triangle"), Good Shepherd Radio,
Inc. ("GSR"), The Trustees of Indiana University ("IU Trustees"), The Gabriel Project, Inc. ("Gabriel"),
and Hispanic Family Christian Network, Inc. ("HFCN"). Each applicant satisfies the third channel
reservation criteria.89 The entire group, therefore, proceeds to a point hearing.
68.
Triangle, GSR, IU Trustees, and Gabriel certify that they are each entitled to points as
established local applicants; MBIC, CRF, and HFCN do not claim points under this criterion. Triangle
fails to adequately support its localism claim, and, accordingly, will not receive points under this
criterion.90 Each applicant, with the exception of GSR, claims two points for diversity of ownership.
Triangle's diversity claim is based on a pledge to divest LPFM station WWCC-LP, Lafayette, Indiana.
Triangle, however, has not shown that its governing documents limit its ability to acquire other stations in
the same area after divesting the LPFM station. Similarly, IU Trustees fails to support its diversity claim.
Accordingly, we will not award points to either Triangle or IU Trustees under this criterion. MBIC is the
only applicant to claim points as a statewide network. Such points, however, are only available to
applicants that have not received two points for diversity of ownership.91 MBIC cannot receive points
under both criteria. With respect to technical parameters, MBIC claims that its proposed 60 dBu contour
would encompass 2,288 square kilometers with a population of 119,690; CRF, 1,671 square kilometers
and 105,626 people; Triangle, 1,485 square kilometers and 100,245 people; GSR, 2,534 square kilometers
and 130,801 people; IU Trustees, 2,506 square kilometers and 131,041 people; Gabriel, 2,584 square
kilometers and 120,328 people; and HFCN, 2,268 square kilometers and 120,760 people. No applicant is
eligible for any points under the best technical proposal criterion because no applicant proposes to serve
both the most area and population, at least ten percent greater than the next best proposal. Accordingly,
Gabriel is credited with a total of five points; GSR and IU Trustees are awarded three points each; MBIC,


89 See MBIC, CRF, Triangle, GSR, IU Trustees, Gabriel, and HFCN Applications, Questions III(1), III(2), and
associated exhibits. MBIC claims that it would provide aggregated first and second NCE service to 45,523 of the
119,690 people encompassed within its 60 dBu contour; CRF to 24,243 of the 105,626 people; Triangle to 22,370 of
the 100,245 people; GSR to 42,786 of the 130,801 people; IU Trustees to 42,018 of the 131,041 people; Gabriel to
34,850 of the 120,328 people; and HFCN to all 120,760 of the 120,760 people. Thus, each would provide combined
first and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than
2,000 people.
90 To support its localism claim, Triangle explains that it was established in 1994 and that one of its officers has
been working on expanding its mission into the Columbus area for several years, and, accordingly, established an
office in Columbus. The Commission has stated that to qualify for localism points, the headquarters or residences
specified must be "a primary place of business or primary residence and not, for example, a post office box, lawyer's
office, branch office, or vacation home, which would not provide sufficient contact between the station's decision
and policy makers and the area to be served." See NCE Order, 15 FCC Rcd at 7410 (emphasis added); see also
FCC Form 340, Instructions to Section IV, Question 1 ("a nongovernmental applicant is local if, within 25 miles of
the reference coordinates for the proposed community of license, applicant has a school campus, its primary
physical headquarters, or the primary residences of 75% of its governing board members."). Triangle fails to
establish that its Columbus office is its primary headquarters. Moreover, we note that Triangle has specified a
different "local" address in each of its applications. See, e.g., FCC File No. BNPED-20100226AJS.
91 See 47 C.F.R. 73.7003(b)(3). Moreover, MBIC does not submit any information to support its claim that it
qualifies as a statewide network.
24

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CRF, and HFCN receive two points each; and Triangle is not credited with any points.92 Gabriel is
therefore the tentative selectee in Group 25.
69.

NCE Reserved Allotment Group 26.

This group consists of four applications
proposing service on vacant Channel 242A at Farmersburg, Indiana, an allotment reserved by means of
the third channel reservation standard. The applicants are: Hope Broadcasting, Inc. ("Hope"),
Community Broadcasting, Inc. ("CBI"), Hispanic Family Christian Network, Inc. ("HFCN"), and
Serendipity Educational Broadcasting, Inc. ("Serendipity"). Each applicant satisfies the third channel
reservation criteria,93 and the group proceeds to a point system analysis.
70.
None of the applicants claims to be eligible for points as an established local applicant
or as a statewide network. Each applicant claims two points for diversity of ownership. Serendipity,
however, fails to support its diversity claim and will not receive points under this criterion. With respect
to technical parameters, Hope claims that its proposed 60 dBu contour would encompass 2,138 square
kilometers with a population of 88,900; CBI, 2,442 square kilometers and 106,699 people; HFCN, 1,764
square kilometers and 62,370 people; and Serendipity, 1,668 square kilometers and 37,804 people. CBI
qualifies for one point under the best technical proposal criterion because its proposal will serve at least
10 percent more area and population than Hope's next best proposal. Accordingly, CBI is credited with a
total of three points; Hope and HFCN each receive two points; and Serendipity is not credited with any
points.94 CBI is therefore the tentative selectee in Group 26.
71.

NCE Reserved Allotment Group 27.

This group consists of two applications
proposing service on vacant Channel 291A at Fowler, Indiana, an allotment reserved by means of the
third channel reservation standard. The two applicants, Harvest Chapel Attica, Inc. ("HCA") and
Educational Broadband Corp. ("EBC"), satisfy the third channel reservation criteria.95 HCA and EBC
each claim three points as established local applicants and two points for diversity of ownership. EBC,
however, fails to sufficiently justify its localism and diversity claims, and, accordingly, will not be
awarded points under either criterion.96 Neither applicant claims points as a statewide network. With


92 If the Commission had accepted Triangle's claim of three points for localism and/or Triangle's and IU Trustees'
claims of two points each for diversity of ownership, it would not have changed the outcome of this group.
Specifically, Gabriel would still have prevailed as the tentative selectee under the first tie-breaker criterion.
93 See Hope, CBI, HFCN, and Serendipity Applications, Questions III(1), III(2), and associated exhibits. Hope
claims that it would provide aggregated first and second NCE service to 31,077 of the 88,900 people encompassed
within its 60 dBu contour; CBI to 29,603 of the 106,699 people; HFCN to all 62,370 of the 62,370 people; and
Serendipity to 32,640 of the 37,804 people. Thus, each would provide combined first and second NCE service to at
least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
94 If the Commission had accepted Serendipity's claim of two points for diversity of ownership, it would not have
changed the outcome of this Group. Specifically, CBI's credited total of three points would still have exceeded
Serendipity's claimed total of two points.
95 See HCA and EBC Applications, Questions III(1), III(2), and associated exhibits. HCA's 60 dBu contour
encompasses 24,291 people, and its claimed aggregated first and second NCE service is 14,347 people. EBC's 60
dBu contour encompasses 22,208 people, and its claimed aggregated first and second NCE service is 21,787 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
96 To support its localism claim, EBC explains that it was established in 1990 to deliver programming to schools in
central Indiana, and in the process of expanding into a new area, it established an office in Lafayette. The
Commission has stated that to qualify for localism points, the headquarters or residences specified must be "a
primary place of business or primary residence and not, for example, a post office box, lawyer's office, branch
office, or vacation home, which would not provide sufficient contact between the station's decision and policy
(continued....)
25

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respect to technical parameters, HCA's proposed 60 dBu contour would encompass 2,197 square
kilometers with a population of 24,291. EBC's proposed 60 dBu contour would encompass 2,497 square
kilometers with a population of 22,208. Neither applicant qualifies for points under the best technical
proposal criterion because neither proposal will serve at least 10 percent more area and population than
the other. Accordingly, HCA is credited with a total of five points, and EBC is not credited with any
points.97 HCA is the tentative selectee in Group 27.
72.

NCE Reserved Allotment Group 28.

This group consists of three applications
proposing service on vacant Channel 265A at Madison, Indiana, an allotment reserved by means of the
third channel reservation standard. The applicants are: Good Samaritan Educational Radio, Inc.
("GSER"), Cornerstone Community Fellowship ("Cornerstone"), and Triangle Foundation, Inc.
("Triangle"). Each applicant satisfies the third channel reservation criteria,98 and the group proceeds to a
point hearing.
73.
Cornerstone and Triangle certify that they are each entitled to points as established
local applicants; GSER does not. Triangle, however, fails to adequately support its claim, and,
accordingly, will not receive points under this criterion.99 Cornerstone and Triangle each claim two
points for diversity of ownership with Triangle's claim based on a pledge to divest LPFM station
WWCC-LP, Lafayette, Indiana. Triangle, however, has not shown that its governing documents limit its
ability to acquire other stations in the same area after divesting the LPFM station. Accordingly, we will
not award diversity points to Triangle. GSER does not claim points under this criterion. None of the
applicants claim points as a statewide network. With respect to technical parameters, GSER claims that


(...continued from previous page)
makers and the area to be served." See NCE Order, 15 FCC Rcd at 7410 (emphasis added); see also FCC Form
340, Instructions to Section IV, Question 1 ("a nongovernmental applicant is local if, within 25 miles of the
reference coordinates for the proposed community of license, applicant has a school campus, its primary physical
headquarters, or the primary residences of 75% of its governing board members."). EBC fails to establish that its
Lafayette office is its primary headquarters. Further, with respect to its diversity claim, although EBC certifies that
it currently has no authorizations, it provides no indication that its governing documents limit its ability to acquire
other stations in the same area.
97 If the Commission had accepted EBC's claims of three points for localism and two points for diversity of
ownership, it would not have changed the outcome of this group. Specifically, HCA would still have prevailed as
the tentative selectee under the second tiebreaker criterion.
98 See GSER, Cornerstone, and Triangle Applications, Questions III(1), III(2), and associated exhibits. GSER
claims that it would provide aggregated first and second NCE service to 25,418 of the 59,250 people encompassed
within its 60 dBu contour; Cornerstone to 23,314 of the 62,891 people; and Triangle to 22,811 of the 56,403 people.
Thus, each would provide combined first and second NCE service to at least ten percent of the population within its
60 dBu contour and to more than 2,000 people.
99 To support its localism claim, Triangle explains that it was established in 1994 and that one of its officers has
been working on expanding its mission into the Madison area for several years, and, accordingly, established an
office in Madison. The Commission has stated that to qualify for localism points, the headquarters or residences
specified must be "a primary place of business or primary residence and not, for example, a post office box, lawyer's
office, branch office, or vacation home, which would not provide sufficient contact between the station's decision
and policy makers and the area to be served." See NCE Order, 15 FCC Rcd at 7410 (emphasis added); see also
FCC Form 340, Instructions to Section IV, Question 1 ("a nongovernmental applicant is local if, within 25 miles of
the reference coordinates for the proposed community of license, applicant has a school campus, its primary
physical headquarters, or the primary residences of 75% of its governing board members."). Triangle fails to
establish that its Madison office is its primary headquarters. Moreover, we note that Triangle has specified a
different "local" address in each of its applications. See, e.g., FCC File No. BNPED-20100226AEH and supra, note
90.
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its proposed 60 dBu contour would encompass 2,492 square kilometers with a population of 59,250;
Cornerstone, 2,552 square kilometers and 62,891 people; and Triangle, 2,318 square kilometers and
56,403 people. No applicant is eligible for points under the best technical proposal criterion because
Cornerstone's proposal to serve the largest area and population does not exceed GSER's next best
proposal by at least 10 percent. Accordingly, Cornerstone is credited with a total of five points; GSER
and Triangle are each not credited with any points.100 Cornerstone is therefore the tentative selectee in
Group 28.
74.

NCE Reserved Allotment Group 29.

This group consists of 12 applications
proposing service on vacant Channel 298B at Terre Haute, Indiana, an allotment reserved by means of the
third channel reservation standard. The applicants are: Indiana State University Board of Trustees ("ISU
Trustees"), Terre Haute Seventh-Day Adventist Church ("THSDA"), The Light House Mission
Ministries, Inc. ("Light House"), Terre Haute Bible Baptist Church, Inc. ("THBBC"), Illinois Bible
Institute, Inc. ("IBI"), The Trustees of Indiana University ("IU Trustees"), Grace Public Radio ("GPR"),
Indiana Educational Broadcast Corp. ("IEBC"), Word Power, Inc. ("WPI"), Community Broadcasting,
Inc. ("CBI"), Hispanic Family Christian Network, Inc. ("HFCN"), and Prairie Air, Inc. ("Prairie").
Eleven of the 12 applicants demonstrate compliance with the third channel reservation criteria.101 GPR
does not, and, accordingly, is eliminated.102 The remaining 11 applicants proceed to a point system
analysis.
75.
ISU Trustees, THSDA, Light House, THBBC, IU Trustees, IEBC, and WPI each claim
points as an established local applicant. IBI, CBI, HFCN, and Prairie do not claim localism points. IEBC
fails to sufficiently justify its localism claim, and, accordingly, will not receive points under this
criterion.103 Each applicant, with the exception of ISU Trustees, IBI, and WPI, claims two points for


100 If the Commission had accepted Triangle's claim of three points for localism and two points for diversity of
ownership, it would not have changed the outcome of this group. Specifically, Cornerstone would still have
prevailed as the tentative selectee under the second tie-breaker criterion.
101 See ISU Trustees, THSDA, Light House, THBBC, IBI, IU Trustees, IEBC, WPI, CBI, HFCN, and Prairie
Applications, Questions III(1), III(2), and associated exhibits. ISU Trustees claims that it would provide aggregated
first and second NCE service to 95,424 of the 235,044 people encompassed within its proposed 60 dBu contour;
THSDA to 134,169 of the 247,674 people; Light House to 96,838 of the 247,321 people; THBBC to 95,591 of the
246,569 people; IBI to 97,072 of the 248,896 people; IU Trustees to 97,830 of the 250,520 people; IEBC to 97,074
of the 248,339 people; WPI to 94,629 of the 247,839 people; CBI to 103,696 of the 251,155 people; HFCN to all
215,109 of the 215,109 people; and Prairie to 96,310 of the 248,374 people. Thus, each would provide combined
first and second NCE service to at least ten percent of the population within its 60 dBu contour and to more than
2,000 people.
102 GPR certifies that it will provide combined first and second NCE service to at least ten percent of the population
within its 60 dBu contour and to more than 2,000 people. According to its application, however, it will provide
aggregated first and second NCE service to only 10,233 of the 254,353 people encompassed within its proposed 60
dBu contour, which is less than ten percent.
103 To support its localism claim, IEBC explains that it was established in 1990 to deliver programming to schools in
central Indiana, and in the process of expanding into the Terre Haute area, it established an office in Marshal,
Indiana. The Commission has stated that to qualify for localism points, the headquarters or residences specified
must be "a primary place of business or primary residence and not, for example, a post office box, lawyer's office,
branch office, or vacation home, which would not provide sufficient contact between the station's decision and
policy makers and the area to be served." See NCE Order, 15 FCC Rcd at 7410 (emphasis added); see also FCC
Form 340, Instructions to Section IV, Question 1 ("a nongovernmental applicant is local if, within 25 miles of the
reference coordinates for the proposed community of license, applicant has a school campus, its primary physical
headquarters, or the primary residences of 75% of its governing board members."). IEBC fails to establish that its
(continued....)
27

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FCC 11-67

diversity of ownership. IU Trustees and IEBC each fail to provide the requisite support for their diversity
claims, and, accordingly, will not be credited with points under this criterion.104 None of the applicants
claim points as statewide networks. With respect to technical parameters, ISU Trustees claims that its
proposed 60 dBu contour would encompass 8,606 square kilometers with a population of 235,044;
THSDA, 8,590 square kilometers and 247,674 people; Light House, 8,646 square kilometers and 247,321
people; THBBC, 8,509 square kilometers and 246,569 people; IBI, 8,675 square kilometers and 248,896
people; IU Trustees, 8,739 square kilometers and 250,520 people; IEBC, 8,596 square kilometers and
248,339 people; WPI, 8,512 square kilometers and 247,839 people; CBI, 8,540 square kilometers and
251,155 people; HFCN, 6,777 square kilometers and 215,109 people; and Prairie, 8,671 square kilometers
and 248,374 people. No applicant is eligible for any points under the best technical proposal criterion
because no applicant proposes to serve both the most area and population, at least ten percent greater than
the next best proposal. Accordingly, THSDA, Light House, and THBBC are credited with a total of five
points each; ISU Trustees, IU Trustees, and WPI each receives three points; CBI, HFCN, and Prairie are
each awarded two points; and IBI and IEBC are not credited with any points.105 ISU Trustees, IBI, IU
Trustees, IEBC, WPI, CBI, HFCN, and Prairie are therefore each eliminated, and THSDA, Light House,
and THBBC proceed to a tie-breaker.
76.
The first issue considered in a tie-breaker for NCE FM applicants is the number of radio
station authorizations attributable to each applicant. The applicant with the fewest authorizations
prevails. THSDA, Light House, and THBBC certify that they each have no attributable interests in any
radio authorizations. Accordingly, we proceed to the second issue considered in a tie-breaker the
number of pending radio applications attributable to each applicant. THSDA, Light House, and THBBC
certify that they each have an attributable interest in one radio application. Accordingly, we proceed to
the tie-breaker of last resort - mandatory timesharing. THSDA, Light House, and THBBC are thus each
tentative selectees in Group 29 on a time-sharing basis.
77.

NCE Reserved Allotment Group 30.

This group consists of six applications proposing
service on vacant Channel 281C3 at Council Grove, Kansas, an allotment reserved by means of the third
channel reservation standard. The applicants are: Hutchinson Community College ("HCC"), Alleycat
Communications ("Alleycat"), Community Broadcasting, Inc. ("CBI"), Gospel American Network
("GAN"), Hispanic Family Christian Network, Inc. ("HFCN"), and UFM Community Learning Center
(`UFM"). Each applicant satisfies the third channel reservation criteria,106 and the group proceeds to a
point hearing.


(...continued from previous page)
Marshal office is its primary headquarters. Moreover, we note that IEBC has specified a different "local" address in
each of its applications. See, e.g., FCC File Nos. BNPED-20100226AGN and 20071019AUG, and supra, note 51.
104 Although IU Trustees pledges to divest FM translator station W236AE, Terre Haute, Indiana, it has not shown
that its governing documents limit its ability to acquire other stations in the same area after divesting the FM
translator station. IEBC fails to provide any support for its diversity claim.
105 If the Commission had accepted IEBC's claim of three points for localism and/or the claims of IU Trustees and
IEBC for two points each for diversity of ownership, it would not have changed the outcome of this group.
Specifically, THSDA, Light House, and THBBC would still have prevailed over IU Trustees and IEBC based on the
tie-breaker criterion.
106 See HCC, Alleycat, CBI, GAN, HFCN, and UFM Applications, Questions III(1), III(2), and associated exhibits.
HCC claims that it would provide aggregated first and second NCE service to 7,516 of the 46,615 people
encompassed within its proposed 60 dBu contour; Alleycat to 7,291 of the 42,077 people; CBI to 11,474 of the
16,511 people; GAN to 4,514 of the 4,614 people; HFCN to all 33,693 of the 33,693 people; and UFM to 7,797 of
the 42,404 people. Thus, each would provide combined first and second NCE service to at least ten percent of the
population within its 60 dBu contour and to more than 2,000 people.
28

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FCC 11-67

78.
HCC is the only applicant to claim points as an established local applicant. Each
applicant claims two points for diversity of ownership. GAN, however, fails to support its diversity
claim, and, therefore, will not be awarded points under this criterion. No applicant claims points as a
statewide network. With respect to technical parameters, HCC claims that its proposed 60 dBu contour
would encompass 4,649 square kilometers with a population of 46,615; Alleycat, 4,783 square kilometers
and 42,077 people; CBI, 4,756 square kilometers and 16,511 people; GAN, 961 square kilometers and
4,614 people; HFCN, 5,380 square kilometers and 33,693 people; and UFM, 4,879 square kilometers and
42,404 people. No applicant is eligible for points under the best technical proposal criterion because no
applicant proposes to serve both the most area and population, at least 10 percent greater than the next
best proposal. Accordingly, HCC is credited with a total of five points; Alleycat, CBI, HFCN, and UFM
are each credited with two points; and GAN is not credited with any points.107 HCC is the tentative
selectee in Group 30.
79.

NCE Reserved Allotment Group 31.

This group consists of three applications
proposing service on vacant Channel 233A at Smith Mills, Kentucky, an allotment reserved by means of
the third channel reservation standard. The applicants are: Bohica, Saint Ann Radio Group, Inc.
("SARG"), and Music Ministries, Inc. ("MMI"). SARG and MMI each demonstrate compliance with the
third channel reservation criteria,108 and proceed to a point system analysis. Bohica does not and is
therefore eliminated.109
80.
SARG certifies that it is eligible for points as an established local applicant; MMI does
not. SARG, however, fails to submit documentation to support its localism claim, and, therefore, does
not qualify for points under this criterion. MMI claims two points for diversity of ownership; SARG does
not. Neither applicant claims points as a statewide network. With respect to technical parameters,
SARG's proposed 60 dBu contour would encompass 2,029 square kilometers with a population of
30,588. MMI's proposed 60 dBu contour would encompass 2,512 square kilometers with a population of
42,893. MMI qualifies for one point under the best technical proposal criterion because it will serve at
least 10 percent more area and population than SARG. Accordingly, MMI is credited with a total of three
points, and SARG is not credited with any points. MMI is therefore the tentative selectee in Group 31.
81.

NCE Reserved Allotment Group 32.

This group consists of three applications
proposing service on vacant Channel 289C2 at Golden Meadow, Louisiana, an allotment reserved by
means of the third channel reservation standard. The applicants are: Providence Educational Foundation,
Inc. ("PEF"), Congregation of Our Lady of Prompt Succor Catholic Church, Golden Meadow, Louisiana
("PSCC"), and Hispanic Family Christian Network, Inc. ("HFCN"). Each applicant satisfies the third
channel reservation criteria,110 and the group proceeds to a point hearing.


107 If the Commission had accepted GAN's claim of two points for diversity of ownership, it would not have
changed the outcome of this group. Specifically, HCC's credited total of five points would still have exceeded
GAN's claimed total of two points.
108 See SARG and MMI Applications, Questions III(1), III(2), and associated exhibits. SARG claims that it would
provide aggregated first and second NCE service to 19,758 of the 30,588 people encompassed within its 60 dBu
contour; and MMI to 16,367 of the 42,893 people. Thus, each would provide combined first and second NCE
service to at least ten percent of the population within its 60 dBu contour and to more than 2,000 people.
109 Bohica certifies that its proposal will not provide combined first and second NCE service to at least ten percent of
the population within its 60 dBu contour and to more than 2,000 people.
110 See PEF, PSCC, and HFCN Applications, Questions III(1), III(2), and associated exhibits. PEF claims that it
would provide aggregated first and second NCE service to 13,405 of the 31,546 people encompassed within its 60
dBu contour; PSCC to 42,659 of the 44,604 people; and HFCN to all 32,715 of the 32,715 people. Thus, each
(continued....)
29

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82.
PSCC is the only applicant to certify that it is eligible for points as an established local
applicant. Each applicant claims two points for diversity of ownership. None of the applicants claim
points as statewide networks. With respect to technical parameters, PEF claims that its proposed 60 dBu
contour would encompass 1,809 square kilometers with a population of 31,546 people; PSCC, 5,104
square kilometers and 44,604 people; and HFCN, 6,335 square kilometers and 32,715 people. No
applicant is eligible for points under the best technical proposal criterion because no applicant proposes to
serve both the most area and population, at least 10 percent greater than the next best proposal.
Accordingly, PSCC is credited with a total of five points; PEF and HFCN are credited with two points
each. PSCC is therefore the tentative selectee in Group 32.
83.

NCE Reserved Allotment Group 34.

This group is comprised of four applications
proposing service on vacant Channel 253C3 at Ringgold, Louisiana, an allotment reserved by means of
the third channel reservation standard. The applicants are: The First Baptist Church of Castor ("FBCC"),
Family Life Educational Foundation ("FLEF"), Tri-City Baptist Church ("TCBC"), and Smile FM
("Smile"). Each applicant demonstrates compliance with the third channel reservation criteria.111 The
entire group, therefore, proceeds to a point hearing.
84.
FBCC is the only applicant to certify that it is eligible for points as an established local
applicant. FBCC and Smile each claim two points for diversity of ownership; FLEF and TCBC do not.
FBCC is the only applicant to claim points as a statewide network. Such points, however, are only
available to applicants that have not received two points for diversity of ownership.112 FBCC cannot
receive points under both criteria. With respect to technical parameters, FBCC claims that its proposed
60 dBu contour would encompass 4,745 square kilometers with a population of 35,232; FLEF, 3,697
square kilometers and 32,797 people; TCBC, 2,302 square kilometers and 16,746 people; and Smile,
4,287 square kilometers and 34,180 people. No applicant is eligible for points under the best technical
proposal criterion because FBCC's proposal to serve the largest area and population does not exceed
Smile's next best proposal by at least 10 percent. Accordingly, FBCC is credited with a total of five
points; Smile receives two points; and FLEF and TCBC are not credited with any points. FBCC is
therefore the tentative selectee in Group 34.
85.

NCE MX Group 328.

This group originally consisted of ten applications proposing to
serve five different communities in Florida. After conducting a fair distribution analysis that resulted in
the elimination of five of the applications, the Commission conducted a point hearing analysis and
identified a three-way tie between Help Save the Apalachicola River Group, Inc. ("HSARG"), Martin
Bayou Management Corporation ("MBMC"), and Gulf Coast Community College ("GCC").113 The
Commission thus proceeded to the first tie-breaker specified in the Rules the number of radio station


(...continued from previous page)
would provide combined first and second NCE service to at least ten percent of the population within its 60 dBu
contour and to more than 2,000 people.
111 See FBCC, FLEF, TCBC, and Smile Applications, Questions III(1), III(2), and associated exhibits. FBCC claims
that it would provide aggregated first and second NCE service to 19,015 of the 35,232 people encompassed within
its proposed 60 dBu contour; FLEF to 18,804 of the 32,797 people; TCBC to 12,974 of the 16,746 people; and
Smile to 18,321 of the 34,180 people. Thus, each would provide combined first and second NCE service to at least
ten percent of the population within its 60 dBu contour and to more than 2,000 people.
112 See 47 C.F.R. 73.7003(b)(3). Moreover, FBCC does not submit any information to support its claim that it
qualifies as a statewide network.
113 52 Groups Comparative Order, supra note 24, 25 FCC Rcd at 8812-13.
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authorizations attributable to each applicant. This tie-breaker resulted in the elimination of GCC.114
HSARG and MBMC, however, remained tied so the Commission proceeded to the second tie-breaker
the number of pending radio applications attributable to each applicant. HSARG and MBMC remained
tied even after this tie-breaker. Accordingly, the Commission proceeded to the tie-breaker of last resort
mandatory time sharing.115 The Commission declared both HSARG and MBMC to be tentative selectees
in Group 328 on a time-sharing basis, accepted for filing the HSARG application for a new NCE FM
station at Port St. Joe, Florida ("HSARG Application") and the MBMC application for a new NCE FM
station at Mexico Beach, Florida ("MBMC Application"), and established a deadline for the filing of
petitions to deny the applications.116
86.
MBMC filed a Petition to Deny ("MBMC Petition") the HSARG Application on July 28,
2010. MBMC contests the Commission's tentative selection of the HSARG Application. MBMC notes
that, during the February 2010, reserved allotment filing window, HSARG filed two applications for new
NCE FM stations.117 MBMC argues that HSARG thus had not one but three pending radio applications
for purposes of the second tie-breaker applied by the Commission.118 MBMC claims it should have
prevailed over HSARG and urges the Commission to vacate the timesharing provisions of the 52 Groups
Comparative Order
, dismiss or deny the HSARG Application, and grant solely the MBMC
Application.119
87.
HSARG filed an Opposition to Petition to Deny ("Opposition") on August 10, 2010,
acknowledging that it filed two additional applications for new NCE FM stations, but arguing that these
two applications did not count for purposes of the second tie-breaker because they were not pending at the
time it filed the HSARG Application.120 HSARG also attacks the MBMC Application, asserting that
MBMC did not adequately document its claims that it is entitled to points under the established local
applicant and diversity of ownership criteria.121 MBMC filed a Reply to Opposition to Petition to Deny
("Reply") on August 20, 2010, restating its argument that it should have prevailed over HSARG.122
MBMC asserts that the HSARG Opposition is procedurally defective and must be dismissed.123
88.
At the outset, we address MBMC's allegations that the Opposition is procedurally
defective and must be dismissed. We decline to dismiss those portions of the Opposition that attack the
MBMC Application. While HSARG could have raised these objections to the MBMC Application in a
petition to deny prior to July 28, 2010, the Commission's Rules permit the filing of informal objections at
any time.124 We will treat the portions of the Opposition that address the MBMC Application as an
informal objection and address them herein.125 In addition, we decline to dismiss the Opposition because


114 Id. at 8813.
115 Id.
116 Id. at 8813, 8841.
117 MBMC Petition at 3-4.
118 Id. at 2, 6.
119 Id. at 7.
120 Opposition at 3-4.
121 Opposition at 4-8.
122 Reply at 3-4.
123 Reply at 2-3.
124 See 47 C.F.R. 73.3587.
125 We deny MBMC's request that we strike these portions of the HSARG Objection because they are not responsive
to matters set forth in the MBMC Petition. Reply at 3, citing Aljir Broadcasting Co., Inc., Memorandum Opinion
(continued....)
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it allegedly did not comply with Section 1.52 of the Rules.126 As noted, we are treating those portions of
the Opposition that address the MBMC Application as an informal objection. The Opposition satisfies
our requirements for informal objections.127 Moreover, as discussed further below, we find the Petition
moot and do not address the arguments made therein. Accordingly, we need not address whether those
portions of the Opposition responsive to the arguments made in the Petition should be dismissed.
89.
Next, we turn to the allegations that MBMC was not entitled to points under the diversity
of ownership criterion. Every applicant claiming points for diversity of ownership must certify that the
proposed station's service area would not overlap that of an attributable existing station, that its governing
documents require that such diversity be maintained, and "that it has placed documentation of its diversity
qualifications in a local public file and has submitted to the Commission copies of that documentation."128
Certifications which require the applicant to submit documentation, but which are not supported with any
such timely submitted documentation, cannot be credited.129 The Commission repeatedly has rejected
claims where the applicant certifies that it qualifies for points for diversity of ownership but fails to
supply supporting information referred to in the certification.130
90.
We find that, as HSARG asserts,131 we erred in awarding MBMC points for diversity of
ownership.132 In the MBMC Application, MBMC certified that it was entitled to points under this
criterion but, as HSARG notes, did not submit any supporting documentation.133 Instead, MBMC stated
that it would "file the by-law amendment through the Secretary's Office." We have found no evidence
that MBMC made such a submission nor has MBMC provided any such evidence. Accordingly, we find
that MBMC failed to submit sufficient documentation to support its claim and is not entitled to any points
under the diversity of ownership criterion.
91.
Our finding that MBMC is not entitled to points for diversity of ownership alters the
outcome of the point hearing for this MX Group. Specifically, without the points awarded to it for
diversity of ownership, MBMC is not tied with HSARG and GCC and does not proceed to even the first
tie-breaker. HSARG thus prevails on the first tie-breaker because HSARG has fewer attributable radio
station authorizations than GCC.134 HSARG is the sole tentative selectee in NCE MX Group 328.


(...continued from previous page)
and Order, 12 FCC 2d 163 (Rev. Bd. 1968) ("Aljir"). We note that Aljir enunciated the principle laid out in Section
1.45(c) of the Rules that replies are limited "to matters raised in the opposition[ ]." Aljir, 12 FCC 2d at 164. See
also
47 C.F.R. 1.45(c). However, Section 1.45(b), which governs oppositions, contains no such limitation. 47
C.F.R. 1.45(b). As such, MBMC's reliance on Aljir is misplaced.
126 Reply at 2.
127 See 47 C.F.R. 73.3587.
128 See FCC Form 340, Instructions, Question IV(2). See also 47 C.F.R. 73.7003(b)(2).
129 52 Groups Comparative Order, 25 FCC Rcd at 8797.
130 See, e.g., id. at 8800, 8801, 8804, 8806, 8811, 8813, 8818.
131 Reply at 6-8.
132 Without the two points awarded to MBMC under the diversity of ownership criterion, MBMC is eliminated on
points alone. Accordingly, we need not address whether MBMC was entitled to the points awarded it under the
established local applicant criterion.
133 Reply at 6-8.
134 We note that this renders moot the Petition, which argued that MBMC should have prevailed on the second tie-
breaker. Accordingly, we dismiss the Petition.
32

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92.

NCE MX Group 389

. This group consists of an application, filed by Available Media,
Inc. ("AMI"), for a new NCE FM station at Tohajiilee Indian Reservation, New Mexico ("AMI Tohajiilee
Application")135 and an application, filed by the Board of Regents, New Mexico Highlands University
("NMHU"), for a new NCE FM station at Milan, New Mexico ("NMHU Application").136 Also before us
are a Petition to Deny the AMI Tohajiilee Application ("Petition"), filed by NMHU on July 27, 2010.137
The AMI and NMHU Applications, as well as those filed by Better Public Broadcasting Association
("BPBA"), Misioneros Cristianos en Accion ("MCA"), Calvary Chapel of Albuquerque, Inc. ("CCA"),
and Laguna Department of Education ("LDE") were designated as NCE MX Group 389.138 In its
Petition, NMHU contests the tentative decision to grant the AMI Tohajiilee Application, as proposed in
the Commission's 52 Groups Comparative Order.139
93.
In Group 389, the Commission tentatively selected the AMI Tohajiilee Application for
grant based on the tie-breaker criteria. Specifically, it found that AMI and NMHU were each entitled to
five points under the point system, but that AMI prevailed under the first tie-breaker criterion.140 The
Commission then tentatively selected the AMI Tohajiilee Application and announced a 30-day period for
filing petitions to deny that application. NMHU timely filed its Petition on July 27, 2010.
94.
In its Petition, NMHU argues that the AMI Tohajiilee Application should be dismissed
because AMI does not qualify for diversity of ownership points. NMHU states that AMI, in its
application, pledged to divest "all but one of any overlapping applications, if directed by the Commission
prior to the issuance of the first construction permit or, if not so directed, by applicant's own initiative
immediately on issuance of a first construction permit."141 NMHU contends that overlap existed between
the principal community contours of the AMI Tohajiilee Application and the AMI NCE FM construction
permit for Grants, New Mexico (the "Grants Construction Permit"), which was granted by Bureau staff
on April 4, 2008.142 Once the Grants Construction Permit was granted, NMHU argues, AMI was
absolutely bound by its divestiture pledge to dismiss the "almost totally overlapping" AMI Tohajiilee


135 File No. BNPED-20071022BAR.
136 File No. BNPED-20071022BPX.
137 AMI filed an Opposition to Petition to Deny ("Opposition") on August 6, 2010.
138 See File Nos. BNPED-20071018AUQ (BPBA); BNPED-20071022ADA (MCA); BNPED-20071016AHZ
(CCA); and BNPED-20071019ATP (LDE). These applications were subsequently dismissed by Public Notice on
August 12, 2010. Broadcast Actions, Public Notice, Report No. 47298 (rel. Aug. 12, 2010). Because BPBA, MCA,
CCA, and LDE did not appeal the dismissals of their applications, those actions are now final.
139 See 52 Groups Comparative Order, 25 FCC Rcd at 8829.
140 In the 52 Groups Comparative Order, AMI, NMHU, and CCA proceeded to a point hearing as each claimed a
fair distribution preference based on combined first and second service; BPBA, MCA, and LDE did not claim a fair
distribution preference and were eliminated. Next, AMI and NMHU each received three points as "established local
applicants" and two points for diversity of ownership, while CCA received two points for diversity of ownership.
Accordingly, AMI and NMHU proceeded to the tie-breaker, and based on the first tie-breaker criterion, AMI was
indentified as the tentative selectee. On the first tie-breaker, the applicant with the fewest authorizations prevails.
AMI certified it had no attributable interests, and NMHU certified that it had one attributable interest in a radio
authorization.
141 Petition at 4.
142 See File No. BNPED-20071018BBY. Specifically, NMHU alleges that its engineering review revealed an
overlap of 80.7% by area and 96% by population. Petition at 4.
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Application.143 Moreover, NMHU claims that AMI engaged in misrepresentation and a lack of candor
"by making explicit divestiture pledges in its Grants, New Mexico, and Tohajiilee, New Mexico,
applications, failing to honor those pledges, and standing silent as it gained unfair windfall from error by
the Commission."144 NMHU concludes that AMI's tentative selectee status must, therefore, be rescinded.
95.
In Opposition, AMI acknowledges that a small overlap, one-fifth of one percent of area
with no population, existed between the AMI Tohajiilee Application and the Grants Construction Permit,
but states the overlap is de minimis and that it reasonably believed in good faith that no overlap between
the Grants Construction Permit and the AMI Tohajiilee Application existed.145 AMI claims that the
discrepancy between its overlap calculations and NMHU's is due to NMHU's incorrect use of the 60 dBu
contour, rather than the 70 dBu, city grade contour, specified in the Commission's Rules. AMI notes that
upon discovery, it filed a minor modification application to the Grants Construction Permit which
removed the overlap.146 Alternatively, AMI declares that its by-laws preclude it from holding
overlapping authorizations and, hence, it "was legally unqualified to hold the construction permit for
Grants, and that the permit was void ab initio."147 AMI urges the Commission not to ascribe ownership
of the Grants Construction Permit until its "curative amendment" is accepted. Additionally AMI, citing
the Commission's waiver and grant of diversity points to an NCE applicant subject to diversity attribution
due to its overlapping Class D station, requests a waiver of the attribution rules "to the extent that such a
waiver is necessary here."148 Lastly, AMI contends that the allegations of misrepresentation and lack of
candor are meritless as the overlap was due to an accidental oversight, not deception.
96.
Section 73.7003(b)(2) of the Rules,149 provides that two points are awarded for local
diversity of ownership if the principal community contours150 of the applicant's proposed station and any
other station in which any party to the application holds an attributable interest151 do not overlap.152 An
applicant's points cannot be enhanced by later changes, but may be reduced by said changes.153


143 Id.
144 Id. at 7.
145 Opposition at 3-4. According to AMI, it filed five applications, with two, one for Tohajiilee and one for Paguate,
New Mexico ("AMI Paguate Application"), File No. BNPED-20071018BCD, having a significant overlap as they
were collocated. When the AMI Paguate Application was dismissed on April 4, 2008, it believed the potential for
overlap no longer existed. Id. at 2.
146 See File No. BMPED-20100811AAA, which was granted by Bureau staff on September 13, 2010.
147 Id. at 4. AMI indicates that, if the Commission attributes the Grants Construction Permit against it in this
proceeding, it intends to petition in New Mexico state court for a ruling that its submission of the application for
Grants was ultra vires. Id.
148 Id. at 6. AMI cites to the NCE Omnibus, supra note 23, 22 FCC Rcd at 6120.
149 47 C.F.R. 73.7003(b)(2).
150 Per Section 73.7003(b)(2), "the principal community (city grade) contour is . . . the 3.16 mV/m for FM stations
calculated in accordance with 73.313(c) . . . ."
151 Parties with attributable interests are defined as the applicant, its parent, subsidiaries, their officers, and members
of their governing boards. See 47 C.F.R. 73.7000. Interests of certain entities providing more than 33 percent of
the applicant's equity and/or debt are also attributable. Id.
152 As explained earlier, to be awarded such points, an applicant's governing documents must include a provision to
maintain that diversity in the future. Any applicant requesting diversity of ownership points must submit to the
(continued....)
34

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97.
AMI certified in the AMI Tohajiilee Application that it was eligible for diversity of
ownership points.154 It is undisputed that an overlap between the AMI Tohajiilee Application and the
Grants Construction Permit existed when the AMI Tohajiilee Application was awarded two points for
diversity of ownership.155 Under existing precedent, although the area of overlap is small and currently
unpopulated, we cannot consider the area to be de minimis156 or find dispositive that the overlap was later
eliminated by AMI's minor modification of the Grants Construction Permit.157 Accordingly, when the
Grants Construction Permit was issued on April 4, 2008, the AMI Tohajiilee Application lost its eligibility
for diversity of ownership points. It cannot reclaim that eligibility by later eliminating the overlap with
the Grants Construction Permit by virtue of modifying that permit. The fact that AMI's simultaneous
interest in the AMI Tohajiilee Application and the Grants Construction Permit was in apparent conflict
with the AMI by-laws does not in any way undermine the validity of the Commission action. AMI offers
no Commission authority for its novel view, which, in any event, would be fundamentally inconsistent
with the Commission's plenary licensing authority. Accordingly, we reject as meritless AMI's argument
that this apparent conflict renders the Commission's grant of the Grants Construction Permit void ab
initio.



(...continued from previous page)
Commission copies of pertinent governing documents to support its certification or, for applicants such as state
universities that are governed by laws which cannot be amended without legislative action, an appropriate
alternative showing. See FCC Form 340 Instructions, Question IV(2).
153 Id., Instructions, Section IV: "An applicant's qualification for points is determined as of the closing of the filing
window assuming the applicant continues to qualify for all points claimed at the time of selection. Thus, points
cannot be enhanced by changes made after the close of the deadline for filing of competing applications, but may be
reduced by such changes."
154 Exhibit 2C, AMI Tohajiilee Application.
155 The Bureau's independent engineering review, using the principal community contour (city grade), as required
by the Rules, revealed an overlap of 9.411 sq. km, and zero population.
156 See e.g., Mary V. Harris, Letter, 22 FCC Rcd 18931, 18936 (MB 2007), petition for reconsideration pending,
which notes:
Assuming arguendo that an overlap of this size [less than one square kilometer] would be de
minimis in the context of a request for waiver of an engineering or ownership prohibition, it does
not automatically follow that the overlap is not cognizable for purposes of awarding a
comparative preference
. The Rules do not prohibit overlap of commonly controlled NCE stations.
Rather, the Rules prefer applicants that do not propose to serve areas served by another commonly
owned station. The Commission adopted the diversity of ownership preference to make it more
likely that the listening public will hear a variety of viewpoints from different NCE sources.
People living within HFC's area of overlap can already receive HFC's viewpoint. Although the
overlap encompasses a relatively small area and population, we cannot find that HFC's proposal
qualifies for the same preference awarded to parties like Harris which does not hold interests in
any station that currently provides service to its proposed service area. Accordingly, we find that
HFC does not qualify for the two points it claimed for this criterion, and that those points should
be deducted from those awarded previously (emphasis added).
157 The Bureau's engineers have confirmed that the overlap was eliminated on September 13, 2010, when the minor
modification application was granted.
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98.
We also find AMI's citation to a waiver granted to an NCE applicant with an overlapping
Class D station inapposite to the circumstances presented here.158 The Commission has recognized an
exception "for any radio translator licensee that, in the particular application involved, is seeking a full
service station to replace its existing translator station(s). Such applicants may exclude, on that
application, any existing translator station that will cease operating when the proposed full service station
commences operation."159 Although in the NCE Omnibus, the Commission considered Henderson State
University's ("HSU") pledge to divest its existing Class D facility as a grantable request for rule waiver --
HSU "proposed to substantially enhance service by substituting one [secondary service] facility for
another, the goal of the exclusion rule" 160 -- AMI is not seeking to replace a Class D station with a full-
service station. Thus, we do not find good cause to grant a waiver under the precedent cited by AMI.
Nor do we find any other basis for granting AMI's waiver request. An applicant receives diversity points
under the Commission's NCE comparative evaluation standards when its proposal does not overlap any
other station in which the applicant's principal holds an attributable interest. The AMI Tohajiilee
Application overlapped the Grants Construction Permit. AMI has not demonstrated that deviation from
the rule would further the public interest more than strict compliance with Section 73.7003, which is
designed simply to make it more likely that the listening public will be exposed to a variety of viewpoints.
We therefore find that AMI is not entitled to the two points under the diversity of ownership criterion.161
In light of the foregoing, we tentatively select NMHU to receive a construction permit for a new NCE FM
station at Milan, New Mexico.
99.

NCE MX Group 393

. This group consists of applications filed by Mission Connecticut,
Inc. ("MCI") and WAMC ("WAMC Application") for new NCE FM stations at Brewster, New York.
Also before us is a Petition to Deny the MCI Application ("Petition"), filed by WAMC on July 27,
2010.162 The MCI and WAMC Applications, as well as four other applications filed by other applicants,
were mutually exclusive and designated as NCE MX Group 393.163 In its Petition, WAMC contests the
Commission's tentative decision to grant the MCI Application, as proposed in the 52 Groups
Comparative Order
.164


158 See supra note 146.
159 NCE MO&O, supra note 12, 16 FCC Rcd at 5102-03.
160 NCE Omnibus, 22 FCC Rcd at 6120.
161 47 C.F.R. 73.7003(b)(2). Additionally, although we need not do so in light of our action here, we find that
AMI which holds other Commission authorizations has not made material misrepresentations or lacked candor
to the Commission in the AMI Tohajiilee Application. Given the small size of the original overlap between the
AMI Tohajiilee Application and the Grants Construction Permit, we accept AMI's explanation that it was simply
unaware of the overlap. Moreover, we note that NMHU has offered no evidence of any intent on the part of AMI to
misrepresent the overlap between the AMI Tohajilee Application and the Grants Construction Permit.
162 Additionally before us are an Opposition to Petition to Deny ("Opposition"), filed by MCI, and a Reply to
Opposition to Petition to Deny ("Reply"), filed by WAMC.
163 The other applicants and applications in Group 393 were: JCM Radio of New York, Inc. ("JCM"), BNPED-
20071019BFN, Brewster, New York; New York Public Radio ("NYPR"), BNPED-20071019AQT, Brewster Hill,
New York; Community Impact Foundation, Inc. ("CIF"), BNPED-20071012AEK, Brewster, Connecticut; and
Danbury Community Radio, Inc. ("DCR"), BNPED-20071019AMW, Danbury, Connecticut. Each of these
applications was dismissed by the staff on August 9, 2010. See Broadcast Actions, Public Notice, Report No. 47298
(Aug. 12, 2010).
164 See 52 Groups Comparative Order, 25 FCC Rcd at 8832.
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100.
In Group 393, the Commission tentatively selected the MCI Application for grant.
Specifically, it found that MCI was entitled to five points under the point system three points as an
established local applicant and two points for diversity of ownership. WAMC, it determined, was entitled
to four points two for having the best technical proposal and two for local diversity of ownership.165
Accordingly, MCI was designated the tentative selectee in Group 393.
101.
In its Petition, WAMC alleges that MCI is not entitled to the three points it received for
being a local applicant, primarily because MCI did not claim qualification for local applicant points in its
application as originally filed, but instead, only amended its application to claim the points, by checking
the "Yes" box, in an amended application, filed February 4, 2008, more than three months after the close
of the filing window. 166 WAMC also alleges that MCI was not entitled to the two points it received for
diversity of ownership because its governing documents do not comport with Section 73.7003 of the
Rules.167
102.
In its Opposition, MCI asserts that the Commission correctly accepted its amendment
curing its failure to ask for local applicant points either in its Application or at any other time prior to the
close of the filing window. It also claims that its Articles of Incorporation are sufficient to support the
claimed local applicant and diversity points. In reply, WAMC reiterates its contention that MCI should
not be awarded either localism or diversity points.
103.
We need only consider WAMC's localism argument to conclude that the MCI application
should be dismissed on point system grounds. In its original application, MCI checked the "No" box in
Section IV, Question 1, stating that it did not wish to receive consideration as an established local
applicant. It attempted to revise this certification to "Yes" in its amended application, filed in February
2008, well after the close of the filing window. An NCE applicant's qualifications for points is
established at the close of the filing window and cannot be enhanced after that time. 168 The Bureau has
correctly rejected amendments that enhance applicants' comparative standings although the amendments
allegedly served to only correct mistaken data or errors in the initial application.169 We therefore find that


165 A third applicant, NYPR, was credited with only two points, and the three other applicants (JCM, CIF and DCR)
were eliminated.
166 WAMC cites 47 C.F.R. 73.7003(e) and notes that the Commission prohibits applicants from enhancing their
point system claims or qualifications as established at the time of filing and the close of the filing window. Petition
at 7.
167 Petition at 4.
168 See Instructions for FCC Form 340, Section IV ("The applicant's qualification for points is determined as of the
closing of the filing window. . . . Thus, points cannot be enhanced by changes made after the close of the deadline
for filing of competing applications, but may be reduced by such changes); 47 C.F.R. 73.7003(e) ("For
applications filed after April 21, 2000, an applicant's maximum qualifications are established at the time of
application"); NCE Order, supra note 12, 15 FCC Rcd at 7423 (noting that point system documentation filed at the
Commission should be submitted "concurrently with filing").
169 See Network of Glory, Letter, 25 FCC Rcd 7311 (MB 2007) (finding that applicant's amendment was a
prohibited attempted to enhance its comparative position when the amendment attempted to correct allegedly
erroneous population numbers). See also Threshold Fair Distribution Analysis of 28 Groups of Mutually Exclusive
Applications for Permits to Construct New or Modified Noncommercial Educational FM Stations Filed in October
2007 Window
, Memorandum Opinion and Order, 24 FCC Rcd 12390, 12394-12395 (MB 2009) (finding that an
applicant's amendment was a prohibited attempt to enhance its comparative position when the initial application
erroneously used population data from a different community than that which applicant proposed to serve).
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MCI is not entitled to the three points under the "established local applicant" criterion.170 In light of the
foregoing, we tentatively select WAMC to receive a construction permit for a new NCE FM station at
Brewster, New York.
104.

NCE MX Group 394.

This group consists of an application filed by Long Island
ACORN ("LIA") for a new NCE FM station at Riverhead, New York ("LIA Application")171 and an
application, filed by Community Bible Church, Inc. ("CBC"), for a new NCE FM station at Quogue, New
York ("CBC Application").172 Also before us is a Petition to Deny the LIA Application ("Petition"), filed
by CBC on July 28, 2010.173 The LIA and CBC Applications, as well as those filed by Oscar Aguero
Ministry ("OAM"), St. Joseph Church ("St. Joseph"), Hamptons Community Radio Corporation
("HCRC"), and Sacred Heart University, Inc. ("SHU"),174 were designated as NCE MX Group 394.
105.
In Group 394, the Commission identified LIA as the tentative selectee based on the tie-
breaker criteria.175 Specifically, it found that LIA and CBC were each entitled to five points under the
point system but that LIA prevailed under the tie-breaker criteria.176 In its Petition, CBC asserts that LIA
is not entitled to three "established local applicant" points because neither the headquarters of LIA, nor
the residences of seventy-five percent of its board members, are located within 25 miles of the proposed
community of license, Riverhead, New York.177 LIA did not respond to the Petition.
106.
LIA certified that it has maintained its headquarters at 91 North Frankline Street,
Hempstead, New York, without interruption since 1996.178 In addition, as CBC correctly observes,
LIA's three principals reside in Hempstead, New York.179 Hempstead, New York, however, is located
more than 50 miles from the reference coordinates for Riverhead, New York. The Bureau's engineering


170 47 C.F.R. 73.7003(a)(i). As a result of the decision to grant WAMC's Petition and remove the three points
previously awarded to MCI for being an established local applicant, we need not reach the issues raised in the
Petition with regard to our award of two points to MCI for local diversity of ownership.
171 File No. BNPED-20071019AVG.
172 File No. BNPED-20071015AHH.
173 LIA did not file an Opposition to the Petition.
174 See File Nos. BNPED-20071015AGE, 20071019BAR, 20071022AAS, and BNPED-20071022BNA. These
applications were subsequently dismissed by Public Notice on August 12, 2010. Broadcast Actions, Public Notice,
Report No. 47298 (rel. Aug. 12, 2010). Because OAM, St. Joseph, HCRC, and SHU did not appeal the dismissals
of their applications, those actions are now final.
175 See 52 Groups Comparative Order, 25 FCC Rcd at 8850. We note that in the 52 Group Comparative Order,
CBC is incorrectly referred to as "Community Bible College."
176 In the 52 Groups Comparative Order, LIA and CBC each received three points as "established local applicants"
and two points for diversity of ownership, while SHU received two points, and OAM, St. Joseph, and HCRC
received no points. Accordingly, LIA and CBC proceeded to a tie-breaker, and based on the first tie-breaker
criterion, LIA was identified as the tentative selectee. The applicant with the fewest authorizations prevails. CBC
certified that it had one attributable interest; LIA certified that it had no attributable interests.
177 Petition at 1.
178 See LIA Application at Exhibit 12.
179 Petition at 3; see also LIA Application at Section II, Question 6.
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staff has corroborated CBC's showing. We therefore find that LIA is not entitled to the three points under
the "established local applicant" criterion.180 We therefore rescind the portion of our decision which
tentatively selected LIA by means of a tie-breaker, and, instead, identify CBC as the tentative selectee in
Group 394.
107.

NCE MX Group 417.

This group consists of (1) an application filed by Rapid City
Columbian Club, Inc. ("RCCC") for a new NCE FM station at Box Elder, South Dakota ("RCCC
Application");181 (2) an application filed by South Dakota School of Mines and Technology ("SDSMT")
for a new NCE FM station at Rapid City, South Dakota ("SDSMT Application");182 and (3) an application
filed by Three Angels Seventh Day Adventist Church ("Three Angels") for a new NCE FM station at
Rapid City, South Dakota ("Three Angels Application").183 Also before us are: (4) a Petition to Deny the
RCCC Application, filed by SDSMT on September 2, 2010 (the "RCCC Petition);184 (5) Petitions to Deny
the Three Angels Application, filed by SDSMT and RCCC on September 2, 2010 (the "Three Angels
Petitions"); and (6) a "Motion to Dismiss Application" filed by Three Angels on October 22, 2010,
requesting dismissal of its application ("Motion").185
108.
The RCCC, SDSMT, and Three Angels Applications, as well as five other
applications,186 were mutually exclusive and designated as NCE MX Group 417. In the Commission's 26
Groups Comparative Order,
187 the Commission eliminated five applications based on the point system
analysis,188 found the remaining three applicants (RCCC, SDSMT and Three Angels) to be tied,189 and
proceeded to the tie-breaker mechanism. After application of tie-breaker procedures, the Commission
determined that the three applicants were to engage in mandatory timesharing. The Commission accepted
the three applications for filing and established a 30-day period for filing petitions to deny. SDSMT
timely filed the RCCC Petition on September 2, 2010. In its Petition, SDSMT contests the Commission's
tentative decision to include RCCC as a participant in the mandatory timesharing.


180 47 C.F.R. 73.7003(a)(i).
181 File No. BNPED-20071022BVA.
182 File No. BNPED-20071018AML.
183 File No. BNPED-20071022BCG.
184 RCCC filed an Opposition to the RCCC Petition on September 15, 2010.
185 Motion at 1.
186 The five others were: Saidnewsfoundation ("SNF"), BNPED-20071017AIW, Rapid City, South Dakota; Wilbur
Gospel Communications and Foundation ("Wilbur"), BNPED-20071015AEY, Rapid City, South Dakota; Tightrope
Broadcasting, Inc. ("Tightrope"), BNPED-20071022BAA, Rapid City, South Dakota; The Positive Radio Network
("Positive"), BNPED-20071012AJT, Box Elder, South Dakota; and St. Paul Cultural Broadcasting, Inc. ("St. Paul"),
BNPED-20071022AKW, Custer, South Dakota. Each of these applications was dismissed by the staff on
September 10, 2010. See Broadcast Actions, Public Notice, Report No. 47321 (Sep. 15, 2010).
187 See Comparative Consideration of 26 Groups of Mutually Exclusive Applications for Permits to Construct New
or Modified Noncommercial Educational FM Stations filed in the October 2007 Filing Window,
Memorandum
Opinion and Order, 25 FCC Rcd 11108 (2010) ("26 Group Comparative Order").
188 Positive, Wilbur and SNF were credited with no points and St. Paul and Tightrope were credited with two points
each. 26 Groups Comparative Order, 25 FCC Rcd at 11122.
189 The three applicants were awarded three points each as established local applicants and two points for diversity
of ownership. Id.
39

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FCC 11-67

109.
SDSMT contends that the award of points to RCCC as an "established local applicant"
and for "diversity of ownership" was erroneous. Specifically, SDSMT argues that RCCC failed to
provide supporting information with its Application regarding its certification under the "established local
applicant" and "diversity of ownership" comparative standards and was not entitled to points under those
criteria.190 It also asserts that the grant of RCCC's application will undermine local diversity as that
application was a "cookie cutter" application almost identical to numerous other applications submitted
by purported "affiliates" of the Eternal Word Television Network ("EWTN").191 Moreover, SDSMT
states that all of RCCC's programming will originate with a source far from the community of license,
that RCCC's President had told SDSMT that it filed the RCCC Application on behalf of the Catholic
Diocese of Western South Dakota (the "Diocese"),192 and that he also informed SDSMT that he could not
negotiate the timesharing agreement mandated by the Commission without coordinating it with the
Diocese and the Archbishop of Denver.193
110.
In its Opposition, RCCC contends, without support, that the Commission's staff
"routinely accepts amendments to supply missing documentation so long as the evidence shows the
eligibility itself was timely" and that its amendment, supplied in September of 2010, clearly showed that
it was adopted prior to the filing the RCCC Application.194 RCCC also states that there is no local
origination requirement for an applicant claiming points as an established local entity.195 Further, it states
that its post-filing window amendment, which included its governing documents, is evidence "that the
eligibility existed at the time of the application's submission that is required to have been timely."196
Finally, RCCC supplies a Declaration of RCCC's President denying the conversations alleged by
SDSMT.197
111.
We need only consider SDSMT's diversity argument to conclude that the RCCC
Application should be dismissed on point system grounds. RCCC is misguided in arguing that, although
it did not submit documentation in the RCCC Application supporting a claim of diversity points, it was


190 Petition at 2-3, 7. SDSMT claims that, in the 26 Groups Comparative Order, the Commission dismissed
applicants in 13 of the mutually exclusive groups including one of the applications in Group 417, SNF for
failing to provide such documentation, but "inexplicably failed" to dismiss RCCC's application on the same basis.
Id. at 7 n. 11.
191 In this regard it attaches several other applications filed by such "affiliates" that contain "Nature and Educational
Purpose" statements identical to that filed by RCCC, except for the name of the applicant and proposed community,
and identical programming guides. Petition at Exhibit A.
192 Petition at 5. SDSMT also states that this individual did not know what programming would air on the station.
Id.
193 Petition at 6 and Declaration of Timothy G. Henderson, Vice President of Business and Administration, SDSMT.
194 Opposition at 4. In the referenced amendment, filed on September 1, 2010, RCCC includes a copy of the
documentation of a change in RCCC's governing documents supporting its claim of points as an established local
applicant and for diversity of ownership. It acknowledges that "it only recently came to the [sic] attention that the
documentation of this change in the by-laws of the applicant was inadvertently left out of the original submission."
RCCC Application, September 1, 2010 amendment, Exhibit 1.
195 Opposition at 3-4.
196 Id. at 4.
197 Opposition, Sworn Declaration of Gregory Scherr.
40

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FCC 11-67

entitled to those points based on its governing documents at the time its application was filed and was
entitled to provide the documentation in a post-filing window amendment. Indeed, Section IV, Question
2 of the FCC Form 340 requires applicants to certify that such documentation has been submitted to the
Commission.198 Thus, RCCC improperly certified its eligibility for diversity credits because it did not
submit such documentation with its application. Moreover, RCCC was not entitled to support its claim to
diversity points in a post-filing window amendment. It is well established that an NCE applicant's
qualifications for points is established at the close of the filing window and cannot be enhanced after that
time. 199 As a consequence, RCCC failed to establish its maximum qualifications "at the time of
application," and, thus, should not have proceeded to the tie-breaker procedures with SDSMT and Three
Angels.200
112.
The other participant in the Group 417 tie-breaker was Three Angels. In its Motion,
Three Angels requests the dismissal of its Application with prejudice. In support of its Motion, Three
Angels states that "[t]he Church has been dissolved and no longer functions as an independent entity." It
has supplied the declaration regarding consideration required by Section 73.3525(c) of the Rules.201 In
light of the foregoing, we will dismiss the RCCC Application, grant the Motion, and dismiss the Three
Angels Application,202 and grant the SDSMT Application.


198 See, e.g., FCC Form 340, Section IV, Question 2 ("Applicant certifies that ... its governing documents require
that such diversity be maintained, and that it . . . has submitted to the Commission copies of the documentation").
199 See Instructions for FCC Form 340, Section IV ("The applicant's qualification for points is determined as of the
closing of the filing window. . . . Thus, points cannot be enhanced by changes made after the close of the deadline
for filing of competing applications, but may be reduced by such changes. . . .An applicant claiming points for
diversity of ownership must place supporting documentation in a local public inspection file and submit to the
Commission copies of the documentation."); 47 C.F.R. 73.7003(e) ("For applications filed after April 21, 2000, an
applicant's maximum qualifications are established at the time of application"); Procedures Notice, 22 FCC Rcd at
15050 (announcing filing requirements, noting that applicants must submit documentation in support of point system
claims to the Commission and strongly recommending that this documentation be submitted as exhibits to the
application); NCE Order, 15 FCC Rcd at 7423 (noting that point system documentation filed at the Commission
should be submitted "concurrently with filing"). See also 26 Groups Comparative Order, 25 FCC Rcd at 11121,
11122, and 11124 (denying diversity credit for failure to include corporate governing documents requiring diversity
to be maintained).
200 In light of our determination here, we need not address SDSMT's additional arguments.
201 47 C.F.R. 73.3525(c).
202 Petitions to deny were filed by RCCC and SDSMT against the Three Angels Application. In view of our
dismissal of Three Angels Application, these petitions will be dismissed as moot.
41

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V.

NEXT STEPS

113.

Acceptability Studies and Filing of Petitions.

The staff has examined the applications
of each tentative selectee for application defects.203 Each tentative selectee identified in this Order and its
Appendix appears to be fully qualified to become the licensee of the new or modified NCE FM station it
has proposed. We tentatively conclude that the grant of these applications would serve the public interest,
convenience and necessity. Accordingly, the tentative selectees are accepted for filing. This triggers a
30-day period for the filing of petitions to deny.
114.
Any argument that the tentatively selected application should not be granted should be
raised in such a petition, even if the objection relates only indirectly to the tentative selectee's
qualifications. For example, an applicant that concedes that the tentative selectee is qualified for the
points received but believes its own proposal should have received a greater number of points than the
tentative selectee's would make its argument in a petition to deny. Parties should not raise such matters
as petitions for reconsideration of the instant Order because the point hearings herein take no final action
on any application, and petitions for reconsideration do not lie against such interlocutory decisions.204
115.

Forthcoming Staff Action.

We direct the staff, once the public notice period has run, to
conduct a final study of each tentatively selected application in accordance with its routine processing
procedures. The staff studies should consider any petitions, comments, and objections to determine
whether there is any substantial and material question of fact concerning whether grant of the tentatively
selected application would serve the public interest. If no such question exists, we direct the staff to grant
the applications on the basis of the point system determinations made herein and dismiss all competing
applications.
116.
With the exception of issues that are novel or require Commission or Administrative Law
Judge consideration by law, the staff shall act on the tentatively selected applications pursuant to
delegated authority. We delegate to the staff authority to act on any routine matter that may be raised,
including whether the applicant is eligible, as certified, for the points awarded herein, and whether the
application complies with all relevant Commission rules and policies.205 The staff need not refer such
matters to the Commission or Administrative Law Judge unless the staff determines that the issues are
new or novel, or raise a substantial and material question regarding the award of points. Generally, the
staff should refer only those issues to the Commission where the exclusion or inclusion of challenged or
claimed points could alter the outcome in the particular NCE group, or where a new or novel question or
substantial and material question of fact otherwise exists.206 In such cases, the staff would either
designate the application for hearing on the substantial and material question or refer the mutually
exclusive group to the Commission for resolution of the novel issue and/or the determination of a
successor tentative selectee.


203 If a tentative selectee's application is found unacceptable for filing, it is returned. The applicant is then given
one opportunity to submit a curative amendment. See 47 C.F.R. 73.3522(b)(2). A tentative selectee that is unable
to cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally
becomes the new tentative selectee. See 47 C.F.R. 73.7004(d).
204 See id. 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007).
205 See, e.g., Central Florida Educational Foundation, Inc., Letter, 23 FCC Rcd 1695 (MB 2008) (staff dismissal of
defective application tentatively selected in a point hearing, and staff award of permit on a non-comparative basis to
only remaining acceptable applicant).
206 See generally NCE Omnibus, 22 FCC Rcd at 6162 n.230 (2007) (standards for staff evaluation of petitions).
42

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117.

Severance for Purposes of Petitions, Appeals and Finality.

We are including a
provision in the ordering clauses herein that each decision involving a mutually exclusive group is to be
considered distinct and separate for purposes of petitions to deny, petitions for reconsideration, review on
the Commission's own motion, and appeals. The timing of any action disposing of a petition or appeal
affecting a particular group will not delay the finality of our decision with respect to any other group.

VI.

ORDERING CLAUSES

118.
Accordingly, IT IS ORDERED, That each decision involving a mutually exclusive group
in this Memorandum Opinion and Order shall be deemed a distinct and separate decision for purposes of
petitions to deny, petitions for reconsideration, review on the Commission's own motion, and appeals.207
If any decision in this Memorandum Opinion and Order is declared invalid for any reason, the remaining
portions shall be severable from the invalid part and SHALL REMAIN in full force and effect to the
fullest extent permitted by law.
119.

NCE Reserved Allotment Group 1.

Accordingly, IT IS ORDERED, That Anniston
Seventh-Day Adventist Church is TENTATIVELY SELECTED to be awarded a construction permit for
a new NCE FM station in Anniston, Alabama, and its application IS ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of Covenant Communications, Inc. (File No. BNPED-20100222ABJ), Equality Broadcasting
Network (File No. BNPED-20100224ACV), The Moody Bible Institute of Chicago (File No. BNPED-
20100225AAY), Serendipity Educational Broadcasting, Inc. (File No. BNPED-20100225ADF), Board of
Trustees of Jacksonville State University (File No. BNPED-20100226AFB), Old Time Gospel Ministries
(File No. BNPED-20100226AFM), and Smile FM (File No. BNPED-20100226AIC), and TO GRANT
the application of Anniston Seventh-Day Adventist Church (File No. BNPED-20100226ABT)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
120.

NCE Reserved Allotment Group 2.

Accordingly, IT IS ORDERED, That Arizona
Board of Regents for the Benefit of the University of Arizona is TENTATIVELY SELECTED to be
awarded a construction permit for a new NCE FM station in Pima, Arizona, and its application IS
ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter for the filing of petitions to
deny. If, after the petition to deny period has run, there is no substantial and material question concerning
the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS
the mutually exclusive applications of World Radio Network, Inc. (File No. BNPED-20100226AAT) and
Cochise Community Radio Corporation (File No. BNPED-20100226ABX), and TO GRANT the
application of Arizona Board of Regents for the Benefit of the University of Arizona (File No. BNPED-
20100225AAU) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.


207 See 5 U.S.C. 702, 704, 706; 47 U.S.C. 309(d), 402(b), 405; 47 C.F.R. 1.106-08, 73.7004. In cases that
involve separate mutually exclusive groups but present common issues, the petitions or appeals may be filed jointly
or may be consolidated at the discretion of the Commission or a reviewing court. See, e.g., FED. R. APP. P. 3(b).
43

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121.

NCE Reserved Allotment Group 3.

Accordingly, IT IS ORDERED, That Campesinos
Sin Fronteras, Yuma Fine Arts Association, Inc., and Radio Revista Nuevo Amanecer Ministries are
TENTATIVELY SELECTED to be awarded construction permits ON A TIMESHARING BASIS for
new NCE FM stations in Somerton, Arizona. The three applications ARE ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentatively selected applications, we direct the staff, by public notice, TO DISMISS the mutually
exclusive applications of Arizona Western College (File No. BNPED-20100223AAU), Grace Public
Radio (File No. BNPED-20100225AAD), Relevant Media, Inc. (File No. BNPED-20100226ABJ),
Centro Cristiano Vida Abundante, Inc. (File No. BNPED-20100226ADZ), Smile FM (File No. BNPED-
20100226AFO), and Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHP). We
further direct the staff to provide the tentatively selected applicants a ninety (90)-day period in which to
reach a timesharing agreement among themselves and, pursuant to an acceptable agreement, TO GRANT
the applications of Campesinos Sin Fronteras (File No. BNPED-20100226AGI), Yuma Fine Arts
Association, Inc. (File No. BNPED-20100226AIP), and Radio Revista Nuevo Amanecer Ministries (File
No. BNPED-20100226AIW) CONDITIONED UPON each selectee's compliance with Section 73.7005
of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for
applicants that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the
Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the
requisite level of first and second NCE service. If the applicants are unable to reach a voluntary
timesharing agreement, the staff shall designate the applications for hearing on the sole issue of an
appropriate timesharing arrangement.
122.

NCE Reserved Allotment Group 4.

Accordingly, IT IS ORDERED, That Versailles
Community Broadcasting, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a
new NCE FM station in Willcox, Arizona, and its application IS ACCEPTED FOR FILING, establishing
a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Grace Public Radio (File No. BNPED-20100224AAM), Arizona Board of Regents for the Benefit of the
University of Arizona (File No. BNPED-20100225AAT), World Radio Network, Inc. (File No. BNPED-
20100226AAV), and Cochise Community Radio Corporation (File No. BNPED-20100226AEN), and TO
GRANT the application of Versailles Community Broadcasting, Inc. (File No. BNPED-20100225ABV)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
123.

NCE Reserved Allotment Group 6.

Accordingly, IT IS ORDERED, That Humboldt
State University Advancement Foundation is TENTATIVELY SELECTED to be awarded a construction
permit for a new NCE FM station in McKinleyville, California, and its application is ACCEPTED FOR
FILING, establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the
petition to deny period has run, there is no substantial and material question concerning the grantability of
the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually
exclusive application of Grace Public Radio (File No. BNPED-20100224AAZ), and TO GRANT the
application of Humboldt State University Advancement Foundation (File No. BNPED-20100223AEF)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system.
124.

NCE Reserved Allotment Group 7.

Accordingly, IT IS ORDERED, That Farms of
Amador, Calvary Chapel of Amador County, Inc., Sutter Hill Seventh-Day Adventist Church, and Sonora
44

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Sierra Heritage Foundation are TENTATIVELY SELECTED to be awarded construction permits ON A
TIMESHARING BASIS for new NCE FM stations in Sutter Creek, California. The four applications
ARE ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter for the filing of
petitions to deny. If, after the petition to deny period has run, there is no substantial and material question
concerning the grantability of the tentatively selected applications, we direct the staff, by public notice,
TO DISMISS the mutually exclusive applications of Mother Lode Public Radio (File No. BNPED-
20100222AAK), Grace Public Radio (File No. BNPED-20100222ADI), Educational Media Foundation
(File No. BNPED-20100225ADS), Indiana Educational Broadcast Corp. (File No. BNPED-
20100226AGN), and Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHQ). We
further direct the staff to provide the tentatively selected applicants a ninety (90)-day period in which to
reach a timesharing agreement among themselves and, pursuant to an acceptable agreement, TO GRANT
the applications of Farms of Amador (File No. BNPED-20100224ACJ), Calvary Chapel of Amador
County, Inc. (File No. BNPED-20100225AAO), Sutter Hill Seventh-Day Adventist Church (File No.
BNPED-20100225ADX), and Sonora Serra Heritage Foundation (File No. BNPED-20100226AJU)
CONDITIONED UPON each selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service. If the applicants are unable to reach a voluntary timesharing agreement, the staff shall designate
the applications for hearing on the sole issue of an appropriate timesharing arrangement.
125.

NCE Reserved Allotment Group 8.

Accordingly, IT IS ORDERED, That Sacred Heart
Roman Catholic Parish is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Westley, California, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Modesto Peace/Life Center (File No. BNPED-20100224ABX), Radio Bilingue, Inc. (File No. BNPED-
20100225ACV), Ondas de Vida Network, Inc. (File No. BNPED-20100226AAE), Crossroads Church, an
Evangelical Free Church (File No. BNPED-20100226ACV), Centro Cristiano Vida Abundante, Inc. (File
No. BNPED-20100226ADX), Calvary Chapel of Turlock, Inc. (File No. BNPED-20100226AGO), and
Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHR), and TO GRANT the
application of Sacred Heart Roman Catholic Parish (File No. BNPED-20100226AJO) CONDITIONED
UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005,
which sets forth a four-year holding period for applicants that are awarded permits by use of a point
system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which
requires that the NCE station provide the requisite level of first and second NCE service.
126.

NCE Reserved Allotment Group 9.

Accordingly, IT IS ORDERED, That Montrose
Christian Broadcasting Corporation is TENTATIVELY SELECTED to be awarded a construction permit
for a new NCE FM station in Olathe, Colorado, and its application IS ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of JKJ Educational Foundation (File No. BNPED-20100226ACN), Calvary Chapel of
Montrose (File No. BNPED-20100226ADC), Hispanic Family Christian Network, Inc. (File No.
BNPED-20100226AHU), and Grand Valley Public Radio, Inc. (File No. BNPED-20100226AJB), and
TO GRANT the application of Montrose Christian Broadcasting Corporation (File No. BNPED-
20100226AFP) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
45

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127.

NCE Reserved Allotment Group 10.

Accordingly, IT IS ORDERED, That NC Friends
Broadcasting, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE
FM station in Olathe, Colorado, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of
Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHT) and TO GRANT the
application of NC Friends Broadcasting, Inc. (File No. BNPED-20100226AEF) CONDITIONED UPON
that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which
sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and
Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the
NCE station provide the requisite level of first and second NCE service.
128.

NCE Reserved Allotment Group 11.

Accordingly, IT IS ORDERED, That Multicare
Foundation, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Big Pine Key, Florida, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Classical South Florida, Inc. (File No. BNPED-20100225ACK) and Serendipity Educational
Broadcasting, Inc. (File No. BNPED-20100225ADK), and TO GRANT the application of Multicare
Foundation, Inc. (File No. BNPED-20100224ACT) CONDITIONED UPON that selectee's compliance
with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year
holding period for applicants that are awarded permits by use of a point system, and Section
73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE
station provide the requisite level of first and second NCE service.
129.

NCE Reserved Allotment Group 12.

Accordingly, IT IS ORDERED, That Help Save
the Apalachicola River Group, Inc. and Florida Community Radio, Inc. are TENTATIVELY SELECTED
to be awarded construction permits ON A TIMESHARING BASIS for new NCE FM stations in
Horseshoe Beach, Florida. The two applications ARE ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentatively selected
applications, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Better Public Broadcasting Association (File No. BNPED-20100225AAW), Serendipity Educational
Broadcasting, Inc. (File No. BNPED-20100225ADL), Southern Cultural Foundation (File No. BNPED-
20100225ADT), Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHN), and Smile
FM (File No. BNPED-20100226AIH). We further direct the staff to provide the tentatively selected
applicants a ninety (90)-day period in which to reach a timesharing agreement among themselves and,
pursuant to an acceptable agreement, TO GRANT the applications of Help Save the Apalachicola River
Group, Inc. (File No. BNPED-20100226ACU) and Florida Community Radio, Inc. (File No. BNPED-
20100226AIK) CONDITIONED UPON each selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service, and PROVIDED THAT, Florida Community Radio, Inc. must surrender its license
for low power FM station WMJB-LP, Lake City, Florida, prior to commencement of program tests of the
full service NCE FM station. If the applicants are unable to reach a voluntary timesharing agreement, the
staff shall designate the applications for hearing on the sole issue of an appropriate timesharing
arrangement.
130.

NCE Reserved Allotment Group 13.

Accordingly, IT IS ORDERED, That Learning
Avenue, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
46

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FCC 11-67

station in Live Oak, Florida, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Grace Public Radio (File No. BNPED-20100224ABU), Southern Cultural Foundation (File No. BNPED-
20100225ADU), Florida Community Radio, Inc. (File No. BNPED-20100226AAB), Help Save the
Apalachicola River Group, Inc. (File No. BNPED-20100226ACT), and Call Communications Group, Inc.
(File No. BNPED-20100226AJV), and TO GRANT the application of Learning Avenue, Inc. (File No.
BNPED-20100226AJE) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
131.

NCE Reserved Allotment Group 14.

Accordingly, IT IS ORDERED, That Florida
Community Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Otter Creek, Florida, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Better Public Broadcasting Association (BNPED-20100225AAX) and Citrus County Association for
Retarded Citizens, Inc., and TO GRANT the application of Florida Community Radio, Inc. (File No.
BNPED-20100226AGX) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service, and PROVIDED THAT, Florida Community Radio, Inc. must surrender its license
for low power FM station WMJB-LP, Lake City, Florida, prior to commencement of program tests of the
full service NCE FM station.
132.

NCE Reserved Allotment Group 15.

Accordingly, IT IS ORDERED, That Calvary
Chapel Heartland, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Reynolds, Georgia, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Serendipity Educational Broadcasting, Inc. (File No. BNPED-20100225ADE) and Fort Valley State
University (File No. BNPED-20100226AEG), and TO GRANT the application of Calvary Chapel
Heartland, Inc. (File No. BNPED-20100224ABA) CONDITIONED UPON that selectee's compliance
with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year
holding period for applicants that are awarded permits by use of a point system, and Section
73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE
station provide the requisite level of first and second NCE service, and PROVIDED THAT, Calvary
Chapel Heartland, Inc. must surrender its license for low power FM station WLVN-LP, Fort Valley,
Georgia, prior to commencement of program tests of the full service NCE FM station.
133.

NCE Reserved Allotment Group 16.

Accordingly, IT IS ORDERED, That St. Mary
Radio d/b/a Radio Apostolate for the Heartland and Fairfield Youth Advocacy, Inc. are TENTATIVELY
SELECTED to be awarded construction permits ON A TIMESHARING BASIS for new NCE FM
stations in Keosauqua, Iowa. The two applications ARE ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentatively selected
applications, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
47

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FCC 11-67

Serendipity Educational Broadcasting, Inc. (File No. BNPED-20100225ADE) and Extreme Grace Media,
Inc. (File No. BNPED-20100226AAR). We further direct the staff to provide the tentatively selected
applicants a ninety (90)-day period in which to reach a timesharing agreement among themselves and,
pursuant to an acceptable agreement, TO GRANT the applications of St. Mary Radio d/b/a Radio
Apostolate for the Heartland (File No. BNPED-20100226ADO) and Fairfield Youth Advocacy, Inc. (File
No. BNPED-20100226AIE) CONDITIONED UPON each selectee's compliance with Section 73.7005 of
the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants
that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's
Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first
and second NCE service, and PROVIDED THAT, Fairfield Youth Advocacy, Inc. must surrender its
license for LPFM station KRUU-LP, Fairfield, Iowa, prior to commencement of program tests of the full
service NCE FM station. If the applicants are unable to reach a voluntary timesharing agreement, the
staff shall designate the applications for hearing on the sole issue of an appropriate timesharing
arrangement.
134.

NCE Reserved Allotment Group 17.

Accordingly, IT IS ORDERED, That Iowa State
University of Science & Technology is TENTATIVELY SELECTED to be awarded a construction
permit for a new NCE FM station in Moville, Iowa, and its application IS ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of JKJ Educational Foundation (File No. BNPED-20100226ACO), Public Education
Network (File No. BNPED-20100226ADR), Hammock Educational and Environmental Community
Services (File No. BNPED-20100226AED), Hispanic Family Christian Network, Inc. (File No. BNPED-
20100226AHM), and Alleycat Communications (File No. BNPED-20100226AJN), and TO GRANT the
application of Iowa State University of Science & Technology (File No. BNPED-20100225AAV)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
135.

NCE Reserved Allotment Group 18.

Accordingly, IT IS ORDERED, That Extreme
Grace Media, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE
FM station in Rudd, Iowa, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty
(30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is
no substantial and material question concerning the grantability of the tentative selectee's application, we
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Network of Glory,
Inc. (File No. BNPED-20100219AAD) and Minn-Iowa Christian Broadcasting, Inc. (File No. BNPED-
20100222ADH), and TO GRANT the application of Extreme Grace Media, Inc. (File No. BNPED-
20100226AAQ) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
136.

NCE Reserved Allotment Group 19.

Accordingly, IT IS ORDERED, That Blessed
Sacrament Catholic Church of Ontario, Inc. is TENTATIVELY SELECTED to be awarded a construction
permit for a new NCE FM station in Weiser, Idaho, and its application IS ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of Grace Public Radio (BNPED-20100225AAM), Hispanic Family Christian Network, Inc.
48

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(BNPED-20100226AHL), and Tool Shed PDX (File No. BNPED-20100226AJX), and TO GRANT the
application of Blessed Sacrament Catholic Church of Ontario, Inc. (File No. BNPED-20100226ACY)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
137.

NCE Reserved Allotment Group 20.

Accordingly, IT IS ORDERED, That Canton
Seventh-Day Adventist Church is TENTATIVELY SELECTED to be awarded a construction permit for
a new NCE FM station in Canton, Illinois, and its application IS ACCEPTED FOR FILING, establishing
a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Grace Public Radio (File No. BNPED-20100223AAC), Illinois State University (BNPED-
20100226ADU), Hispanic Family Christian Network, Inc. (File No. BNPED-20100226AHA), and
Indiana Educational Broadcast Corp. (File No. BNPED-20100226AIA), and TO GRANT the application
of Canton Seventh-Day Adventist Church (File No. BNPED-20100224ACL) CONDITIONED UPON
that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which
sets forth a four-year holding period for applicants that are awarded permits by use of a point system, and
Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the
NCE station provide the requisite level of first and second NCE service.
138.

NCE Reserved Allotment Group 21.

Accordingly, IT IS ORDERED, That Our
Catholic Family Radio is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Cedarville, Illinois, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Network of Glory, Inc. (File No. BNPED-20100222ACM), Community Broadcasting, Inc. (File No.
BNPED-20100226AAL), and Shannon Baptist Church (File No. BNPED-20100226AIV), and TO
GRANT the application of Our Catholic Family Radio (File No. BNPED-20100226ACW)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
139.

NCE Reserved Allotment Group 22.

Accordingly, IT IS ORDERED, That Prairie Air,
Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Clifton, Illinois, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days
hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is no
substantial and material question concerning the grantability of the tentative selectee's application, we
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Serendipity
Educational Broadcasting, Inc. (File No. BNPED-20100225ADG) and TO GRANT the application of
Prairie Air, Inc. (File No. BNPED-20100226AIY) CONDITIONED UPON that selectee's compliance
with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year
holding period for applicants that are awarded permits by use of a point system, and Section
73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE
station provide the requisite level of first and second NCE service.
140.

NCE Reserved Allotment Group 23.

Accordingly, IT IS ORDERED, That
Northwestern Illinois Radio Fellowship is TENTATIVELY SELECTED to be awarded a construction
49

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FCC 11-67

permit for a new NCE FM station in Freeport, Illinois, and its application is ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of Grace Public Radio (File No. BNPED-20100222ADJ), Community Broadcasting, Inc.
(File No. BNPED-20100226ABV), Aquin Central Catholic High School (File No. BNPED-
20100226ACF), Calvary Radio Network, Inc. (File No. BNPED-20100226AEL), Christian Radio
Network (File No. BNPED-20100226AIR), Rockford Urban Ministries (File No. BNPED-
20100226AIT), and Shannon Baptist Church (File No. BNPED-20100226AIU), and TO GRANT the
application of Northwestern Illinois Radio Fellowship (File No. BNPED-20100226AAD)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
141.

NCE Reserved Allotment Group 24.

Accordingly, IT IS ORDERED, That
Pinckneyville Community Radio is TENTATIVELY SELECTED to be awarded a construction permit for
a new NCE FM station in Pinckneyville, Illinois, and its application IS ACCEPTED FOR FILING,
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
application of Heterodyne Broadcasting Company (File No. BNPED-20100226AJF) and TO GRANT the
application of Pinckneyville Community Radio (File No. BNPED-20100226AIB) CONDITIONED
UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005,
which sets forth a four-year holding period for applicants that are awarded permits by use of a point
system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which
requires that the NCE station provide the requisite level of first and second NCE service.
142.

NCE Reserved Allotment Group 25.

Accordingly, IT IS ORDERED, That The Gabriel
Project, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Columbus, Indiana, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of The
Moody Bible Institute of Chicago (File No. BNPED-20100226ACS), Christian Radio Friends, Inc. (File
No. BNPED-20100226ACX), Triangle Foundation, Inc. (File No. BNPED-20100226AEH), Good
Shepherd Radio, Inc. (File No. BNPED-20100226AES), The Trustees of Indiana University (File No.
BNPED-20100226AET), and Hispanic Family Christian Network, Inc. (File No. BNPED-
20100226AGZ), and TO GRANT the application of The Gabriel Project, Inc. (File No. BNPED-
20100226AFV) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
143.

NCE Reserved Allotment Group 26.

Accordingly, IT IS ORDERED, That Community
Broadcasting, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE
FM station in Farmersburg, Indiana, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Hope Broadcasting, Inc. (File No. BNPED-20100224AAA), Hispanic Family Christian Network, Inc.
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(File No. BNPED-20100226AGY), and Serendipity Educational Broadcasting, Inc. (File No. BNPED-
20100226AHC), and TO GRANT the application of Community Broadcasting, Inc. (File No. BNPED-
20100226AAG) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
144.

NCE Reserved Allotment Group 27.

Accordingly, IT IS ORDERED, That Harvest
Chapel Attica, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE
FM station in Fowler, Indiana, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run,
there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of
Educational Broadband Corp. (File No. BNPED-20100226ABR) and TO GRANT the application of
Harvest Chapel Attica, Inc. (File No. BNPED-20100226AAI) CONDITIONED UPON that selectee's
compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a
four-year holding period for applicants that are awarded permits by use of a point system, and Section
73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE
station provide the requisite level of first and second NCE service.
145.

NCE Reserved Allotment Group 28.

Accordingly, IT IS ORDERED, That Cornerstone
Community Fellowship is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Madison, Indiana, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Good Samaritan Educational Radio, Inc. (File No. BNPED-20100226AAW) and Triangle Foundation,
Inc. (File No. BNPED-20100226AJS) and TO GRANT the application of Cornerstone Community
Fellowship (File No. BNPED-20100226ABY) CONDITIONED UPON that selectee's compliance with
Section 73.7005 of the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding
period for applicants that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of
the Commission's Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the
requisite level of first and second NCE service.
146.

NCE Reserved Allotment Group 29.

Accordingly, IT IS ORDERED, That Terre Haute
Seventh-Day Adventist Church, The Light House Mission Ministries, Inc., and Terre Haute Bible Baptist
Church, Inc. are TENTATIVELY SELECTED to be awarded construction permits ON A
TIMESHARING BASIS for new NCE FM stations in Terre Haute, Indiana. The three applications ARE
ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter for the filing of petitions to
deny. If, after the petition to deny period has run, there is no substantial and material question concerning
the grantability of the tentatively selected applications, we direct the staff, by public notice, TO DISMISS
the mutually exclusive applications of Indiana State University Board of Trustees (File No. BNPED-
20100219AAQ), Illinois Bible Institute, Inc. (File No. BNPED-20100225ABO), The Trustees of Indiana
University (File No. BNPED-20100225ACG), Grace Public Radio (File No. BNPED-20100225ACP),
Indiana Educational Broadcast Corp. (File No. BNPED-20100226AAX), Word Power, Inc. (File No.
BNPED-20100226ADM), Community Broadcasting, Inc. (File No. BNPED-20100226AGC), Hispanic
Family Christian Network, Inc. (File No. BNPED-20100226AHK), and Prairie Air, Inc. (File No.
BNPED-20100226AIX). We further direct the staff to provide the tentatively selected applicants a ninety
(90)-day period in which to reach a timesharing agreement among themselves and, pursuant to an
acceptable agreement, TO GRANT the applications of Terre Haute Seventh-Day Adventist Church (File
No. BNPED-20100224AAE), The Light House Mission Ministries, Inc. (File No. BNPED-
20100224AAF), and Terre Haute Bible Baptist Church, Inc. (File No. BNPED-20100224AAV)
51

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FCC 11-67

CONDITIONED UPON each selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service. If the applicants are unable to reach a voluntary timesharing agreement, the staff shall designate
the applications for hearing on the sole issue of an appropriate timesharing arrangement.
147.

NCE Reserved Allotment Group 30.

Accordingly, IT IS ORDERED, That Hutchinson
Community College is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE
FM station in Council Grove, Kansas, and its application IS ACCEPTED FOR FILING, establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Alleycat Communications (File No. BNPED-20100225ADW), Community Broadcasting, Inc. (File No.
BNPED-20100226ABU), Gospel American Network (File No. BNPED-20100226ADF), Hispanic Family
Christian Network, Inc. (File No. BNPED-20100226AHX), and UFM Community Learning Center (File
No. BNPED-20100226AIF), and TO GRANT the application of Hutchinson Community College (File
No. BNPED-20100225AAS) CONDITIONED UPON that selectee's compliance with Section 73.7005 of
the Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants
that are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's
Rules, 47 C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first
and second NCE service.
148.

NCE Reserved Allotment Group 31.

Accordingly, IT IS ORDERED, That Music
Ministries, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Smith Mills, Kentucky, and that its application is ACCEPTED FOR FILING establishing a
deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period
has run, there is no substantial and material question concerning the grantability of the tentative selectee's
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of
Bohica (File No. BNPED-20100222ABX) and Saint Ann Radio Group, Inc. (File No. BNPED-
20100225AAC), and TO GRANT the application of Music Ministries, Inc. (File No. BNPED-
20100226ACZ) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the
Commission's Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding period for applicants that
are awarded permits by use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47
C.F.R. 73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and
second NCE service.
149.

NCE Reserved Allotment Group 32.

Accordingly, IT IS ORDERED, That
Congregation of our Lady of Prompt Succor Catholic Church, Golden Meadow, Louisiana is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Golden
Meadow, Louisiana, and that its application is ACCEPTED FOR FILING establishing a deadline thirty
(30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is
no substantial and material question concerning the grantability of the tentative selectee's application, we
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Providence
Educational Foundation, Inc. (File No. BNPED-20100225ABN) and Hispanic Family Christian Network,
Inc. (File No. BNPED-20100226AHJ), and TO GRANT the application of Congregation of our Lady of
Prompt Succor Catholic Church, Golden Meadow, Louisiana (File No. BNPED-20100226ACG)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
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150.

NCE Reserved Allotment Group 34.

Accordingly, IT IS ORDERED, That The First
Baptist Church of Castor is TENTATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Ringgold, Louisiana, and that its application is ACCEPTED FOR FILING
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
applications of Family Life Educational Foundation (File No. BNPED-20100226AGJ), Tri-City Baptist
Church (File No. BNPED-20100226AHV), and Smile FM (File No. BNPED-20100226AIS), and TO
GRANT the application of First Baptist Church of Castor (File No. BNPED-20100226AAC)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47
C.F.R. 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by
use of a point system, and Section 73.202(a)(1)(ii) of the Commission's Rules, 47 C.F.R.
73.202(a)(1)(ii), which requires that the NCE station provide the requisite level of first and second NCE
service.
151.

NCE MX Group 328.

Accordingly, IT IS ORDERED, That the August 10, 2010,
informal objection, filed by Help Save the Apalachicola River Group, Inc., IS GRANTED to the extent
discussed herein, and the application of Martin Bayou Management Corporation for a new NCE FM
station in Mexico Beach, Florida (File No. BNPED-20071022BQK) IS DISMISSED. IT IS FURTHER
ORDERED, That the July 28, 2010, Petition to Deny, filed by Martin Bayou Management Corporation,
IS DISMISSED AS MOOT, and the application of Help Save the Apalachicola River Group Inc. for a
new NCE FM station in Port St. Joe, Florida (File No. BNPED-20071018AQD) IS GRANTED,
conditioned upon that applicant's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R.
73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a
point system and also provides that an applicant receiving a Section 307(b) preference that is decisive
over another applicant must operate technical facilities substantially as proposed for a period of four years
of on-air operations.
152.

NCE MX Group 389.

Accordingly, IT IS ORDERED, That the tentative selection of
the application of Available Media, Inc. for a new NCE FM station in Tohajiilee Indian Reservation, New
Mexico (File No. BNPED-20071018BAR) IS RESCINDED. IT IS FURTHER ORDERED, That the July
28, 2010, Petition to Deny, filed by the Board of Regents of New Mexico Highlands University, IS
GRANTED to the extent indicated herein. IT IS FURTHER ORDERED, That Board of Regents of New
Mexico Highlands University is TENTATIVELY SELECTED to be awarded a construction permit for a
new NCE FM station in Milan, New Mexico, and that its application is ACCEPTED FOR FILING
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
application Available Media, Inc. (File No. BNPED-20071018BAR), and TO GRANT the application of
Board of Regents of New Mexico Highlands University (File No. BNPED-20071022BPX)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Rules, 47 C.F.R.
73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a
point system, and also provides that an applicant receiving a Section 307(b) preference that is decisive
over another applicant must operate technical facilities substantially as proposed for a period of four years
of on-air operations.
153.

NCE MX Group 393.

Accordingly, IT IS ORDERED, That the tentative selection of
the application of Mission Connecticut, Inc. for a new NCE FM station in Brewster, New York (File No.
BNPED-20071015AEN) IS RESCINDED. IT IS FURTHER ORDERED, That the July 27, 2010,
Petition to Deny, filed by WAMC, IS GRANTED to the extent indicated herein. IT IS FURTHER
ORDERED, That WAMC is TENATIVELY SELECTED to be awarded a construction permit for a new
NCE FM station in Brewster, New York, and that its application is ACCEPTED FOR FILING
establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to
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FCC 11-67

deny period has run, there is no substantial and material question concerning the grantability of the
tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive
application of Mission Connecticut, Inc. (File No. BNPED-20071015AEN) and TO GRANT the
application of WAMC (File No. BNPED-20071019APS) CONDITIONED UPON that selectee's
compliance with Section 73.7005 of the Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding
period for applicants that are awarded permits by use of a point system.
154.

NCE MX Group 394.

Accordingly, IT IS ORDERED, That the tentative selection of
the application of Long Island ACORN for a new NCE FM station in Riverhead, New York (File No.
BNPED-20071019AVG) IS RESCINDED. IT IS FURTHER ORDERED, That the July 28, 2010,
Petition to Deny, filed by Community Bible Church, Inc., IS GRANTED to the extent indicated herein.
IT IS FURTHER ORDERED, That Community Bible Church, Inc. is TENTATIVELY SELECTED to be
awarded a construction permit for a new NCE FM station at Quogue, New York, and that its application
is ACCEPTED FOR FILING establishing a deadline thirty (30) days hereafter for the filing of petitions to
deny. If, after the petition to deny period has run, there is no substantial and material question concerning
the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS
the mutually exclusive application of Long Island ACORN (File No. BNPED-20071019AVG) and TO
GRANT the application of Community Bible Church, Inc. (File No. BNPED-20071015AHH)
CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Rules, 47 C.F.R.
73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a
point system.
155.

NCE MX Group 417.

Accordingly, IT IS ORDERED, That the tentative selection of
the applications of Rapid City Columbian Club, Inc. and Three Angels Seventh Day Adventist Church for
new NCE FM stations in Box Elder and Rapid City, South Dakota, ARE RESCINDED. IT IS
FURTHER ORDERED, That the September 2, 2010, Petition to Deny, filed by the South Dakota School
of Mines and Technology, IS GRANTED to the extent indicated herein. IT IS FURTHER ORDERED,
That the Motion to Dismiss the Application of Three Angels Seventh Day Adventist Church for a new
NCE FM station in Rapid City, South Dakota, IS GRANTED, and the application (File No.BNPED-
20071022BCG), IS DISMISSED. IT IS FURTHER ORDERED, That that the Petitions to Deny, filed by
the South Dakota School of Mines and Technology and Rapid City Columbian Club, Inc., against the
application of Three Angels Seventh Day Adventist Church, ARE DISMISSED AS MOOT. IT IS
FURTHER ORDERED, That the application of Rapid City Columbian Club, Inc. for a new NCE FM
station in Box Elder, South Dakota (BNPED-20071022BVA) IS DISMISSED, and the application, filed
by South Dakota School of Mines and Technology, for a new NCE FM station in Rapid City, South
Dakota (File No. BNPED-20071018AML) IS GRANTED CONDITIONED UPON that selectee's
compliance with Section 73.7005 of the Rules, 47 C.F.R. 73.7005, which sets forth a four-year holding
period for applicants that are awarded permits by use of a point system.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
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FCC 11-67

APPENDIX

NCE Reserved FM Allotment Groups

1.
The Appendix consists of a chart and this explanatory text. The chart lists each
proceeding by group number. Boldface type is used to designate the applicant(s) in each group that the
Commission has tentatively selected to receive a construction permit.
2.
An entry of "n/a" or "No" in the Appendix's Third Channel Reservation Standard column
indicates that the third channel reservation criteria are not applicable to that particular allotment. We also
use this "n/a" or "No" designation for defective submissions, which were eliminated from the group prior
to our consideration of the point system factors. Where applicable, the Appendix lists the population
which each applicant claims would receive a new first service or aggregated first and second service. The
Appendix includes population numbers only to the extent that such information is material to the analysis.
For example, if an allotment was not reserved by means of the third channel reservation standard, the
Appendix does not report specific first and second service population data. If an applicant provided
numbers, but did not satisfy the third channel reservation criteria, the chart notes either "<10 %" or
"<2,000," to indicate that the number of people served was less than 10 percent of the population or fewer
than 2,000 people. If an applicant is eliminated on the basis of the third channel reservation test, that
outcome is noted as "Elim on 3rd res test" in the Appendix.
3.
With respect to points, the Appendix to this Order places three points in the "Established
Local Applicant" column, two points in the "Diversity of Ownership" column, and two points in the
"Statewide Network" column of each applicant claiming eligibility for such points. In cases where an
applicant claimed points, but failed to satisfy the respective requirements for receipt of such points, the
Appendix lists the points claimed followed in parenthesis by the points credited. For example, an
applicant that claimed two points for diversity of ownership, but which did not submit any documentation
in support of its claim would have the notation 2(0) in the diversity of ownership column, i.e., it claimed
two points but received none. A note "no d exh" or "defect d exh" in the notes column would indicate
that the applicant did not support its diversity claim, either because it submitted no exhibit or because an
exhibit was deemed defective for lack of the most basic information necessary. Similar notes, of "no l
exh" and "no s exh" indicate a lack of support for a local applicant and statewide network claim,
respectively. An applicant may receive zero, one, or two points in the Best Technical Parameters column
depending upon the size of the area and population to be covered by its proposed station.
4.
In the case of a tie, the Appendix lists any tie-breaker factors considered including the
number of attributable authorizations and/or applications reported by each tied applicant. The lowest
number value for pending applications is "one" because the subject application is included in the
calculation. Some applicants erroneously claimed zero pending applications. These applicants have the
notation 0(1) in the tie-breaker column, thus specifying that they claimed zero applications but are
considered to have one application for purposes of the tie-breaker. Any applications that did not proceed
to a tie-breaker because they were entitled to fewer points than the tied applicants are designated with the
note "Elim Points."
5.
Notes are also used to describe certain application characteristics. For example, the note
"Trans Divest" is used to identify applicants which excluded existing translators from their diversity
showings by pledging to request cancellation of the translator upon commencement of full service
operations. The note "LPFM Divest" is used to denote applicants that excluded existing LPFM stations
that would be divested upon grant of a full service authorization.
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6.
Finally, the Appendix contains a "See Text" column which refers the reader to a section
or footnote within the text, typically in connection with a listed note. References to textual discussion are
generally reserved for applications with omissions, errors, novel arguments, or which required
consideration of rule waivers. The "See Text" column is blank for most applications because the
applicants did not raise issues that required an analysis of these types of issues. This column is also used
for miscellaneous notes.
56

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