FCC Record, Volume 2, No. 9, Pages 2437 to 2750, April 27 - May 8, 1987 Page: 2,497
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2 FCC Red Vol. 9
Federal Communications Commission Record
8. With respect to NIU's claim that First Assembly is
ineligible to be a NCE-FM licensee, we note that First
Assembly is a non-profit corporation which operates a
private educational, fully accredited institution for children
from kindergarten through grade 12 (i.e., CLC) as
well as a three year theological institution. Thus. both
First Assembly and CLC are eligible to be NCE-FM
licensees. Furthermore, the Commission's Rules and Regulations
do not prohibit a NCE-FM station from sharing
studio facilities with a commercial FM station. As to
NIU's objection to CLC broadcasting some of the same
programs as WQFL-FM, CLC's intention to carry this
programming violates no Commission rule or policy, per
se. 47 C.F.R. 73.503(c) permits noncommercial educational
FM stations to carry programming "produced by,
or at the expense of. or furnished by persons other than
the licensee," provided the programming in question
complies with our noncommercialization policies. See In
the Matter of Commission Policy Concerning the Noncommercial
Nature of Educational Broadcasting Stations (Public
Notice), FCC 86-161, Mimeo No. 36590. released April
11. 1986. There is no evidence in the present case that the
programming in question violates these policies.
9. Finally, should the licensee of WOFL-FM (First
Assembly) and the applicant (CLC) be considered the
same entity for purposes of the Commission's Multiple
Ownership Rules. 47 C.F.R. 73.3555(f) specifically states
that. "It]his section is not applicable to noncommercial
educational FM . . . stations." Thus. noncommercial educational
FM stations are not counted for purposes of our
Multiple Ownership Rule restrictions. See eg., Television
Assignments, Provo. Ut ah, 41 FCC 1178 (1963). NIU has
thus failed to demonstrate that First Assembly is ineligible
to be the licensee of a noncommercial educational FM
station.
10. For the above stated reasons, we can find no basis to
waive the cut-off provisions of 47 C.F.R. 73.3564. Accordingly,
it is ordered that NIU's request for waiver is
HEREBY DENIED. It is further ordered that NIU's
application for review of the staff action returning its
application for a new NCE-FM facility in Rockford. Illinois
is also DENIED.3 See Public Notice entitled "FCC Overrules Caldwell Television
Associates, Ltd., 53 RR 2d 1686 (1983)", FCC 85-534,
(October 4, 1985), wherein the Commission stated that the
standard for waiving filing deadlines "will generally contemplate
a showing that the untimely filing was caused by a
calamity of a wide-spread nature that even the best of planning
could not have avoided." In conclusion, the Commission stated
"It]his strict interpretation of Commission requirements is necessary
in order to assure that all applicants are treated fairly
and reasonably in their dealing with Commission processes and
to guarantee that there is an identifiable point in time when
the Commission can close the door to new applicants, thus
assuring that the Commission can effectively and efficiently
fulfill its public interest mandate."FEDERAL COMMUNICATIONS COMMISSION
William J. Tricarico
Secretary
FOOTNOTES
I On June 23, 1983. First Assembly filed a minor amendment
changing the name of the applicant to Christian Life Center
School ("CLC"). CLC is owned and operated by First Assembly
and six of the seven board members of First Assembly sit on
the seven-member board of the school.
2 47 C.F.R. 73.3564(c) states in pertinent part that, "lalt
regular intervals, the FCC will issue a Public Notice listing all
applications . . . which have been accepted for filing. . . .
Pursuant to ... 73.3573(d) such notice shall establish a cut-off
date (not less than 30 days from the date of issuance) for the
filing of mutually exclusive applications and petitions to deny."
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United States. Federal Communications Commission. FCC Record, Volume 2, No. 9, Pages 2437 to 2750, April 27 - May 8, 1987, book, May 1987; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc1602/m1/66/: accessed May 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.