******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 In reply refer to: 1800B2-SLW September 24, 1997 Released: September 24, 1997 Henry Goldberg, Esq. Goldberg, Godles, Wiener & Wright 1229 Nineteenth Street, N.W. Washington, DC 20036 Edward Hayes, Jr. Hayes & Associates 1155 Connecticut Avenue, N.W. Washington, DC 20036 Re: WDCU(FM), Washington, DC Assignment of License Application File No. BALED-970630GE; as amended by File No. BALED-970815GE Dear Counsel: This letter concerns: (1) the above-referenced application (the "Application") for consent to assign the license of noncommercial educational ("NCE") station WDCU(FM), Washington, DC, from the University of the District of Columbia ("UDC") to National Cable Satellite Corporation ("C- SPAN"); and (2) approximately seventy-five letters from listeners opposing the Application. The listener letters will be treated as informal objections in accordance with Section 73.3587 of the Commission's rules. For the reasons set forth below, the informal objections are denied and the Application is granted. Section 310(d) of the Communications Act, as amended (the "Act"), charges the Commission with determining whether the grant of a license assignment application will serve "the public interest, convenience and necessity. . . ." 47 U.S.C.  310(d). With regard to the assignment of NCE radio stations in the reserved band, such as the radio station at issue here, the Commission first must ascertain whether the proposed buyer has demonstrated its eligibility to hold a noncommercial educational license. Section 73.503(a) of the Commission's rules provides that a "noncommercial educational FM broadcast station will be licensed only to a nonprofit educational organization and upon showing that the station will be used for the advancement of an educational program." 47 C.F.R.  73.503(a). An applicant may qualify as a noncommercial educational licensee by demonstrating that it is either an educational institution or an educational organization. Notice of Inquiry in BC Docket No. 78-164, 43 Fed. Reg. 30842, 3084-3085 (1978) ("Notice of Inquiry"); see also Palm Bay Public Radio, Inc. 6 FCC Rcd 1772, 1773 (1991), aff'd sub nom., 952 F.2d 549 (D.C.Cir. 1992). Organizational applicants must demonstrate that they have an educational goal and are committed to the advancement of an educational program. Notice of Inquiry, 43 Fed. Reg. at 30845. C-SPAN is not an educational institution and therefore must demonstrate that it qualifies as an educational organization. C-SPAN is a nonprofit corporation organized for the purpose of "distributing public affairs and other educational information." In this regard, C-SPAN reports that it intends to broadcast educational programming of local and national interest, including university symposia, congressional hearings and call-in shows featuring journalists and public policy makers. C-SPAN also states its intention to disseminate its programming through "C-SPAN in the Classroom," which includes seminars for teachers interested in integrating C-SPAN programming into their curricula. Because C-SPAN has demonstrated that it has an educational goal and is committed to the advancement of an educational program, we find that C-SPAN is eligible to operate an NCE broadcast station in the reserved band. Having determined C-SPAN's eligibility to hold a noncommercial educational license, we turn to the informal objections filed by WDCU(FM) listeners. The principal objection to the proposed assignment is that, if approval is granted, C-SPAN will change WDCU(FM)'s current jazz format to a format dedicated primarily to public affairs and news programming. Many informal objectors argue that the public interest would be better served by preservation of the jazz format. One informal objector also argues that grant of the application is not in the public interest because C-SPAN's proposed national programming does not address the problems, needs and interests of the Washington, DC community. In addition, two informal objectors contend that it is impermissible for UDC, an NCE licensee, to maximize its profits by selling WDCU(FM) to the highest bidder. While the Commission recognizes that WDCU(FM)'s jazz format has attracted a devoted listenership, it is well-settled Commission policy that potential changes in programming formats are not considered in reviewing assignment applications. See Changes in the Entertainment Formats of Broadcast Stations, 60 FCC 2d 858, 865-66 (1976); recon. denied, 66 FCC 2d 78 (1977), rev'd sub nom., WNCN Listeners Guild v. FCC, 610 F.2d 838 (D.C. Cir. 1979), rev'd, 450 U.S. 582 (1981). With regard to public broadcasting in particular, the Commission historically "has had the appropriately limited role of facilitating the development of the public broadcasting system rather than determining the content of its programming." Revision of Programming Policies and Reporting Requirements Related to Public Broadcasting Licensees, Notice of Proposed Rulemaking, 87 FCC 2d 716, 732 (1981); Report and Order, 98 FCC 2d 746 (1984)("Public Radio and Television Programming"). One informal objector expresses concern regarding the "national" character of C-SPAN's programming. Under well-established precedent, an applicant is required to provide only a brief narrative description of its proposed community issue-responsive service. See Request for Declaratory Ruling Concerning Programming Information in Broadcast Applications for Construction Permits, Transfers and Assignments, 3 FCC Rcd 5467, 5467-5468 (1988); see also Public Radio and Television Programming, Report and Order, 98 FCC 2d at 751-752; Deregulation of Radio, 84 FCC 2d 968, 982 (1981), recon. granted in part and denied in part, 87 FCC 2d 797, aff'd in part and remanded in part sub nom., Office of Communications of the United Church of Christ v. FCC, 707 F.2d 1413 (D.C. Cir. 1983). C-SPAN's program service statement fully satisfies this application requirement. C-SPAN states its intention to broadcast educational programming of local, as well as national, interest and no credible evidence has been submitted to rebut this assertion. In any event, these sorts of objections may be renewed and are appropriately reviewed in connection with the station's next license renewal application. See 47 U.S.C.  309(d)(1) and 47 C.F.R.  73.3580(d)(4). With regard to the claim that UDC, as an NCE licensee, should not be permitted to maximize its "profit" by selling WDCU(FM) to the highest bidder, we note that "profit per se in assignment of licensed broadcast properties has never been held to be contrary to the public interest. . . ." See Robert E. Sewell, 19 FCC 2d 872, 874 (1969). We find no basis for precluding an NCE licensee from maximizing profits on the sale of its stations unless there is evidence that the receipt of such profits would affect the licensee's nonprofit status. The informal objectors submit no evidence demonstrating that a profit from the sale of WDCU(FM) would jeopardize UDC's nonprofit status. See Certain Broadcast Stations Licensed to Communities in Maryland, Virginia, West Virginia and the District of Columbia, 9 FCC Rcd 2143, 2145 (1994) (informal objections like petitions to deny must contain adequate and specific factual allegations sufficient to warrant the relief requested). We decline to deny the assignment application on this basis. The informal objections do not raise a substantial and material question of fact. Examination of the Application establishes that C-SPAN is qualified to be a Commission licensee, and that the proposed assignment will serve the public interest, convenience and necessity. In light of the foregoing, and pursuant to 47 C.F.R.  0.283, the informal objections ARE DENIED. Furthermore, the application (File No. BALED-970630GE as amended by BALED- 970815GE) to assign the license of station WDCU(FM), Washington, DC from the University of the District of Columbia to National Cable Satellite Corporation IS GRANTED. Sincerely, Roy J. Stewart, Chief Mass Media Bureau cc: Ann Bavender, Esq. Gigi Sohn, Esq. Neal A. Jackson, Esq. Mr. Gerald Osheroff Thomas W. Baughman, PHD Mr. Henry Mayfield