FCC Record, Volume 20, No. 18, Pages 15155 to 16128, September 26 - October 7, 2005 Page: 15,163
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provided that this constitutes at least 2,000 people, within the proposed station's 60 dBu contour. If
more than one applicant in a mutually exclusive group qualifies for a preference, we compare first service
population coverage totals.3 An applicant will receive a dispositive fair distribution preference by
proposing to serve at least 5,000 more potential listeners than the next highest applicant's first service
total.4 If no applicant is entitled to a first service preference, we will consider combined first and second
service population totals and apply the same 5,000 listener threshold.
In the present group, PAR would serve Blennerhassett, West Virginia, and Shofar Broadcasting
Corporation ("Shofar") would serve Eden, Ohio. PAR is the only applicant to claim that it would provide
a new first or second NCE service to 10 percent of the population, and to at least 2,000 people, within its
service area, and therefore, that it is eligible for a fair distribution preference.5 Based on PAR's
submissions and calculations, it appears that PAR qualifies for a preference. Accordingly, pursuant to
Section 73.7004 of the Commission's rules, we identify PAR as the tentative selectee. Group 980120
thus will not proceed to a point hearing.6
Accordingly, it is ordered that the application of Positive Alternative Radio, Inc. is accepted for
filing. It is also ordered that Positive Alternative Radio, Inc. is TENTATIVELY SELECTED to be
awarded a construction permit for a new NCE FM station in Blennerhassett, West Virginia. Petitions to
deny the tentative selectee are due within thirty (30) days following the issuance of a subsequently issued
public notice announcing the acceptance and tentative selection of this application.7 If, after the petition
to deny period has run, there is no substantial and material question concerning the grantability of the
2 See 47 C.F.R. 73.7002(b). With respect to population information, applicants were to use the 2000 Census data,
if available by June 4, 2001. See "Supplements and Settlements to Pending Closed Groups of Noncommercial
Educational Broadcast Applications Due by June 4, 2001," Public Notice, 16 FCC Red 6893 (MB Mar. 22, 2001).
Applicants were also to base their "fair distribution" analysis on the "snap shot" date of June 4, 2001, which is
applicable unless the applicant subsequently makes engineering changes that would diminish its comparative
position. Id. In this case, neither of the applicants has made such engineering changes. In addition, each applicant
timely supplemented its application with a Section 307(b) showing; each purports to be based on 2000 Census data
and a "snap shot" date of June 4, 2001.
3 See 47 C.F.R. 73.7002(b). See also "Deadline for NCE Settlements and Supplements Extended to July 19, 2001;
Date for Calculating Comparative Qualifications Remains June 4, 2001," Public Notice, 16 FCC Red 10892, 10893
(MB May 24, 2001).
41d.
5 PAR's 60 dBu contour encompasses 152,391 people. PAR's claimed aggregated first and second service is 52,175
people.
6 See 47 C.F.R. 73.7002(b). The Media Bureau has delegated authority to make 307(b) determinations in NCE
cases. See Reexamination of the Comparative Standardsfor Noncommercial Educational Applicants, 15 FCC Rcd
7386 (2000), partially reversed on other grounds, NPR v. FCC, 254 F.3d 226 (DC Cir. 2001) ("NCE Order"). See
also 47 C.F.R. 0.283. In the NCE Order, the Commission concluded that "[ifn examining the fair distribution
issues, we will use the general process set forth in the Section of our Competitive Bidding proceeding that addressed
Section 307(b) considerations for AM stations." See NCE Order, 15 FCC Rcd at 7397 (citing Comparative Bidding
for Commercial Broadcasting and Instructional Television Fixed Services, 13 FCC Rcd 15920 (1998) (delegating
authority to the staff to conduct Section 307(b) analyses with respect to AM applications prior to conducting
auctions of competing applications)). In contrast, the NCE Order noted that the point system analysis conducted
when Section 307(b) is not determinative is considered a simplified "hearing" for purposes of 47 U.S.C. 155(c)( 1).
See NCE Order, 15 FCC Rcd at 7420.
7See 47 C.F.R. 73.7004. If any applicant previously raised issues against the tentative selectee, it must refile its
objections within this thirty (30) day period.15163
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United States. Federal Communications Commission. FCC Record, Volume 20, No. 18, Pages 15155 to 16128, September 26 - October 7, 2005, book, October 2005; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc4090/m1/32/: accessed April 30, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.