FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012 Page: 5,714
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Finally, ASDA points out that the priorities governing the FM Table of Allotments identify the
number of people receiving first full-time service and second full-time service as the top two priorities.27
As such, it maintains that the ten percent requirement diverges from the policies that govern the FM Table
of Allotments. 28 We disagree with ASDA's interpretation of the Commission's allotment policy. In
2000, when the Commission adopted the reservation standard, it modified Section 73.202, the rule
governing the FM Table of Allotments, to afford NCE applicants the "opportunity to rebalance the
commercial/noncommercial channel mix of FM and TV channels if they can demonstrate that there is a
greater need for noncommercial service in an area" and to facilitate NCE applicants' requests for non-
reserved channels not already in the Table of Allotments to be added and reserved for NCE use.29 The
Commission found the reservation standard necessary to "mitigate any potential hardship that the auction
process might impose on noncommercial entities."30
Thus, after reviewing all of the arguments contained in the Petition and Opposition, we find that
JSU demonstrates specific factual allegations sufficient to warrant dismissal of the ASDA Application,
and ASDA fails to show any defect in the Commission's reservation standard that would preclude its use
in the current case. We, therefore, will rescind our tentative selection of the ASDA Application and
dismiss the ASDA Application as ineligible for consideration. Furthermore, we have determined that the
JSU Application, the only remaining applicant in Group 1,31 is acceptable for filing. Therefore, we will
accept the JSU Application for filing and tentatively conclude that the public interest, convenience, and
necessity would be served by grant of the JSU Application for a construction permit for a new NCE FM
station at Anniston, Alabama.?
Conclusions/Actions. Accordingly, IT IS ORDERED, that the Petition to Deny filed by the
Board of Trustees of Jacksonville State University on June 2, 2011, IS GRANTED.
IT IS FURTHER ORDERED, that the tentative selection of Anniston Seventh-Day Adventist
Church's application (File No. BNPED-20100226ABT) IS RESCINDED and its application IS
27 ASDA Opposition at 4 (citing Revision of FM Assignment Policies and Procedures, Second Report and Order, 90
FCC 2d 88, 92 (1982)).
28 Petition at 2. To the extent that ASDA generally alleges that our processes are "ripe for gamesmanship," ASDA
may raise this issue in a petition for rulemaking with the Commission, pursuant to Section 1.401 of the Rules. See
47 C.F.R. 1.401.
29 See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Report and Order,
15 FCC Rcd 7386, 7434 (2000), reversed in part on other grounds. NPR v. FCC, 254 F. 3d 226 (D.C. Cir. 2001).
30 Id at 7433.
31 JSU is the sole remaining applicant in this MX Group. The other applications in this group were dismissed by
Public Notice on June 16, 2011. See Broadcast Actions, Public Notice, Report No. 47505 (MB Jun. 10, 2011)
(dismissing applications of Equality Broadcasting Network (File No. BNPED-20100224ACV), Moody Bible
Institute of Chicago (File No. BNPED-20100225AAY), Smile FM (File No. BNPED-20100226AIC), Covenant
Communications (File No. BNPED-20100222ABJ), Serendipity Educational Broadcasting (File No. BNPED-
20100225ADF), and Old Time Gospel Ministries (File No. BNPED-20100226AFM)).
32 See 47 C.F.R. 73.7004(d) ("If an applicant is found unqualified, the application shall be dented, and the
applicant(s) with the next highest point tally named as the new tentative selectee").
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 7, Pages 5674 to 6652, May 23 - June 15, 2012, book, June 2012; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc111171/m1/57/: accessed November 20, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.