Federal Communications Commission

FCC 10-118

Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Comparative Consideration of 52 Groups of
Mutually Exclusive Applications
for Permits to Construct New or Modified
Noncommercial Educational FM Stations filed
in the October 2007 Filing Window

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NCE MX Group Numbers 300, 301, 302,
303, 304, 305A, 305B, 309, 311A, 312, 314,
315, 316, 318, 320, 322, 323, 325, 326, 327,
328, 329, 333, 334, 336, 337A, 337B, 338,
340, 341, 342, 344, 346, 347, 350, 351, 353,
354, 359, 360, 362, 365, 371, 374, 379, 380,
381, 384, 389, 392, 393, and 394

MEMORANDUM OPINION AND ORDER
Adopted: June 24, 2010

Released: June 28, 2010

By the Commission:
TABLE OF CONTENTS
Paragraph
I. BACKGROUND.................................................................................................................................1
II. GENERAL NCE PROCEDURES ......................................................................................................2
A. Section 307(b) -- Threshold Fair Distribution Study……………………………………...3
B. Point System Selection Process…………………………………………………………..5
C. Tie-Breakers ……………………………………………………………………………..10
D. Timely Documentation of Comparative Qualifications…………………………………..11
E. LPFM Licensees Applying for NCE-FM Stations……………………………………….12
III. POINT SYSTEM DETERMINATIONS...........................................................................................14
IV. NEXT STEPS......................................................................................................................................134
V. ORDERING CLAUSES......................................................................................................................139
APPENDIX – Noncommercial Educational Groups
I.

BACKGROUND

1.
By this Memorandum Opinion and Order (“Order”), the Commission considers 52 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
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

1

Each application was filed or amended during a filing window that was open from October 12, 2007, through
October 22, 2007. Applications for new stations or major modifications that were on file prior to the October
window, but not cut off from competing applications, were required to amend their applications to be considered
along with applications filed during the window. 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”).
2

47 C.F.R. §§ 73.7000 – 73.7005.

3

See id. § 73.7004(b).

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FCC 10-118

GENERAL NCE PROCEDURES

2. 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 staff
performs a threshold fair distribution study pursuant to Section 307(b) of the Communications Act of
1934, as amended (the “Act”).4 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” analysis5 are
compared under an NCE point system,6 which is a simplified, “paper hearing” process.7 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.
3. When mutually exclusive applications for permits to construct NCE FM stations propose to
serve different communities, the Media Bureau (“Bureau”) determines whether grant of any of the
applications would best further the fair, efficient, and equitable distribution of radio service among
communities.8 An NCE FM applicant is eligible to receive a Section 307(b) preference if it would
provide within the proposed station’s 60 dBu contour a first or second reserved band channel NCE aural

4

See 47 U.S.C. § 307(b).

5

See 47 C.F.R. § 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to
serve different communities).
6

See 47 C.F.R § 73.7003 (point system selection procedures).

7

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) (history pertaining only to non-reserved band FM channels omitted).
8

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. The staff has
referred the Section 307(b) analyses in each of the present groups to the Commission for consolidated analysis
because Section 307(b) factors did not entirely resolve all applications in these groups and the Commission must,
therefore, consider the remaining applications in a point hearing.

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FCC 10-118

service to at least ten percent of the population (in the aggregate), provided that such service is to at least
2,000 people.9
4. 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.10 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.11 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.12 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.
5. The Commission compares mutually exclusive groups of NCE FM applications under the
point system set forth in Section 73.7003 of the Rules.13 The NCE point system awards a maximum of
seven merit points, based on four distinct criteria.14 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 systems 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.
6. 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 application

9

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.
10

See 47 C.F.R. § 73.7002(b).

11

Id.

12

Id.

13

See 47 C.F.R. § 73.7003.

14

See 47 C.F.R. § 73.7003(b).

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holds an attributable interest do not overlap.15 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.16 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.17 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.18 The Bureau has extended this waiver treatment to
low power FM (“LPFM”) stations. 19
7. 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.20
8. 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
predicted 60 dBu signal strength contour.21 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.

15

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.
16

See NCE MO&O, 16 FCC Rcd at 5095.

17

Id. at 5102-03.

18

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”).
19

See Procedures Notice, 22 FCC Rcd at 15052-53.

20

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.
21

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).

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9. 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.
10.
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.22 The first tie-breaker for
NCE FM applicants is the number of radio station authorizations attributable to each applicant.23 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 in the
count.24 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.
11.
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.25 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.” 26 Similar
certifications and documents are required of applicants claiming points as established local applicants.27
While there is some flexibility in the type of documentation an applicant may provide, an applicant

22

47 C.F.R. § 73.7003(c).

23

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.
24

25

See NCE Omnibus, 22 FCC Rcd at 6123.
See NCE Order, 15 FCC Rcd at 7423.

26

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
in any station. To document future diversity, the applicant would generally submit a copy of the governing
documents referenced in the certification.
27

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.

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submitting no timely documentation at all cannot have made a valid certification. We have adjusted the
points of such applicants downward.
E. LPFM Licensees Applying for NCE FM Stations.
12.
As discussed above, the Bureau announced that applicants in the 2007 window could,
upon making a sufficient showing, request to exclude otherwise attributable interests in LPFM stations.
The Bureau observed that contingent pledges are generally ineffective as a mechanism to avoid attribution
of broadcast interests. However, it also noted that the Commission had carved out exceptions for non-fillin translators and Class D (10 watt) FM stations seeking to replace those secondary facilities with a full
service station. 28 The Bureau recognized that LPFM stations, which were in their infancy at the time of
the Commission’s action, might now find themselves in similar circumstances. Accordingly, the Bureau
advised that an applicant seeking to avoid attribution of an LPFM interest must, as part of its windowfiled 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 prior to grant of its NCE construction permit application.29
13.
The Commission has since recognized that the rule-compliant LPFM divestment
mechanism envisioned by the Bureau could result in the unintended, potential loss of existing LPFM
service for up to three years during construction of the new NCE FM stations.30 Therefore, the
Commission found it would be preferable to waive the rules in order to provide continuity of a local radio
service to the public. Accordingly, we will continue to permit tentative selectees to fulfill LPFM
divestiture pledges by rule-compliant assignments, provided that the existing LPFM license is not
mutually exclusive with the new NCE authorization, as issued. We also waive the LPFM crossownership 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.31
III.

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. Unless otherwise
noted, each component of the analysis is based on applicant-provided information.32 We have provided
28

See Procedures Notice, 22 FCC Rcd at 15052-53.

29

Id.

30

See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or
Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 10-29 (released
February 16, 2010). See also 47 C.F.R. § 73.3598(a) (three-year construction period for FM stations).
31

See 47 C.F.R. § 73.860(a); see also Comparative Consideration of 32 Groups of Mutually Exclusive Applications
for Permits to Construct New or Modified Noncommercial Educational FM Stations, Memorandum Opinion and
Order, FCC 10-69 (released April 26, 2010). An exception to the LPFM cross-ownership rule, applicable to
broadcast interests held prior to initial operations of an LPFM station, contains a similar timing provision. See id. §
73.860(b).
32

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 response 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 response to Question V(1) and (2), respectively.

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readers with an Appendix that condenses the group-by-group narratives 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 and technical amendment. In addition, we note that applicants were
required to report their qualifications as of the date of application (or close of the filing window for
already pending, non-cut-off applications). Any changes made thereafter may potentially have
diminished, but could not enhance, an applicant’s comparative position.
16.
Group 300. This group is comprised of 11 applications proposing service to five
different communities in Alaska. The following five applicants propose service to Fairbanks: Alaska
Federation for Community Self Reliance (“AFCSR”), Fairbanks Seventh-Day Adventist Church
(“FSDAC”), Fairbanks Catholic Radio (“FCR”), Koahnic Broadcast Corporation (“Koahnic”), and One
Ministries, Inc. (“OMI”), which filed two separate Fairbanks applications, one specifying Channel 202
and the other Channel 206. Pioneer Baptist Church (“PBC”) and Educational Media Foundation (“EMF”)
each propose service to North Pole.33 Voice for Christ Ministries, Inc. (“VCM”) filed two applications,
one for Anderson and the other for Clear Sky. Finally, University of Alaska (“University”) would serve
College.
17.
When applicants propose different communities, the Commission must first determine
whether one applicant is credited with a dispositive fair distribution preference. Six applicants claim and
document eligibility for a fair distribution preference.34 Each of the remaining applicants certifies that it
is not eligible for a preference, and accordingly, the following are eliminated: VCM (Anderson and Clear
Sky proposals), OMI (both Fairbanks proposals), and PBC.35 None of the remaining six applications
claims eligibility for a first NCE service preference. Accordingly, we consider AFCSR, University,
FSDAC, FCR, Koahnic, and EMF’s proposals to provide aggregated first and second NCE service to
22,037 people, 23,471 people, 22,028 people, 15,473 people, 21,837 people, and 19,430 people,
respectively.36 Considering each proposal with respect to the one proposing to serve the next largest

33

EMF proposes a major change to the construction permit for its NCE FM Station KLUU(FM). Each of the other
applicants in the group proposes a new station.
34

See AFCSR, University, FSDAC, FCR, Koahnic, and EMF Applications, Questions III(1), III(2), and associated
exhibits. AFCSR claims that it would provide aggregated first and second NCE service to 22,037 of the 82,328
people encompassed within its proposed 60 dBu contour; University to 23,471 of the 83,588 people; FSDAC to
22,028 of the 82,254 people; FCR to 15,473 of the 75,702 people; Koahnic to 21,837 of the 81,785 people; and
EMF to 19,430 of the 65,786 people within the newly added area of its 60 dBu contour. 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.
35

PBC initially certified that it was ineligible for a preference. On December 21, 2007, it amended its application
to, inter alia, claim a second service preference. PBC’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).
36

See supra note 34.

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population, none exceeds the next best by at least 5,000 people. AFCSR, University, FSDAC, FCR,
Koahnic, and EMF therefore must proceed to a point hearing.
18.
AFCSR, University, and FSDAC each claim three points as established local applicants.
FSDAC, however, does not submit documentation to support its localism claim and accordingly will not
receive points under this criterion. FCR, Koahnic, and EMF do not claim localism points. AFCSR, FCR,
and FSDAC certify that each is entitled to two points for diversity of ownership; the University, Koahnic,
and EMF do not. FSDAC fails to support its diversity claim. Accordingly, only AFCSR and FCR will
receive two points each under this criterion. No applicant claims to be entitled to points as a statewide
network. With respect to technical parameters, AFCSR claims that its proposed 60 dBu contour would
encompass 10,611 square kilometers with a population of 82,328; University, 18,357 square kilometers
and 83,588 people; FSDAC, 6,982 square kilometers and 82,254 people; FCR, 6,495 square kilometers
and 75,702 people; Koahnic, 8,900 square kilometers and 81,785 people; and EMF, 1,998 square
kilometers and 65,786 people. No applicant in this group qualifies for points under the best technical
proposal criterion because University’s proposal to reach the largest area and population does not exceed
AFCSR’s next best proposal by at least ten percent. Accordingly, AFCSR is credited with a total of five
points; University is credited with three points; FCR receives two points; and FSDAC, Koahnic, and EMF
are each not credited with any points. AFCSR is therefore the tentative selectee in Group 300.
19.
Group 301. This group is comprised of seven applications, each proposing service to
the community of Kodiak, Alaska. Kodiak Public Broadcasting Corporation (“KPBC”) filed two
applications, one for Channel 206 and the other Channel 214. New Life Tabernacle Homer AK (“New
Life”) filed three applications on Channels 206, 211, and 215. The remaining applicants in the group are
Alaska Educational Radio System, Inc. (“AERS”) and Praise Temple of the Church of Christ, Inc.
(“PTCC”). KPBC claims three points as an established local applicant. New Life, AERS, and PTCC
certify that each is not entitled to points under this criterion. New Life and PTCC claim two points each
for diversity of ownership; KPBC and AERS do not. None of the applicants claims points as a statewide
network. With respect to technical parameters, the 60 dBu contour of KPBC’s two proposed stations
would each encompass 1,507 square kilometers with a population of 12,790. The 60 dBu contour of
New Life’s three proposed stations would each encompass 860 square kilometers with a population of
12,192. AERS’s proposed 60 dBu contour would encompass 90 square kilometers with a population of
10,018. PTCC’s proposed 60 dBu contour would encompass 1,125 square kilometers with a population
of 12,644. No applicant qualifies for points under the best technical proposal criterion because KPBC’s
proposal to reach the largest area and population does not exceed PTCC’s next best proposal by at least
ten percent. Accordingly, KPBC is credited with a total of three points; New Life and PTCC are each
credited with two points; AERS is not credited with any points. KPBC is therefore the tentative selectee
in Group 301.37
20.
Group 302. This group consists of six applications proposing service to two different
communities in Alaska. The following four applicants propose service to Homer: Blessed Hope Baptist
Mission (“BHBM”), Kachemak Bay Broadcasting, Inc. (“Kachemak”), Homer Seventh-Day Adventist
Church (“Homer SDA”), and New Life Tabernacle Homer AK (“New Life”), which filed two
applications, one on Channel 215 and the other Channel 219. Alaska Educational Radio System, Inc.
(“AERS”) would serve Seldovia. Kachemak, New Life, and Homer SDA each claim eligibility for a fair
distribution preference.38 BHBM and AERS do not. AERS’s application for Seldovia is therefore
37

KPBC filed two separate applications to serve Kodiak, Alaska. The applications are mutually exclusive and,
therefore, each application cannot be granted. Accordingly, we direct KPBC to voluntarily dismiss one of its
applications (File No. BNPED-20071018AKN or 20071018AKP) within 30 days of the release of this Order.
38

See Kachemak, New Life, and Homer SDA Applications, Questions III(1), III(2), and associated exhibits.
Kachemak’s 60 dBu contour encompasses 6,820 people, and its claimed aggregated first and second NCE service is
all 6,820 people. Homer SDA’s 60 dBu contour encompasses 11,247 people, and its claimed first and second NCE

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eliminated because applications to serve the different community of Homer are entitled to a fair
distribution preference. Each of the remaining applicants in the group proposes service to Homer.
Accordingly, the fair distribution analysis ends, and BHBM, Kachemak, New Life, and Homer SDA must
proceed to a point hearing to determine which will provide service to the community of Homer.
21.
Kachemak, New Life, and Homer SDA each claim three points as established local
applicants; BHBM does not. Kachemak is the only applicant to provide sufficient documentation to
support its claim and, therefore, only Kachemak will be credited with points under this criterion.39
BHBM, New Life, and Homer SDA each claim two points for diversity of ownership, but only New Life
supports its diversity claim. Therefore, only New Life will be credited with two points under this
criterion. None of the applicants claim points as a statewide network. With respect to technical
parameters, BHBM claims that its proposed 60 dBu contour would encompass 142 square kilometers
with a population of 5,537; Kachemak, 321 square kilometers and 6,820 people; New Life (both
proposals), 1,264 square kilometers and 5,677 people; and Homer SDA, 6,043 square kilometers and
11,247 people. Homer SDA qualifies for two points under the best technical proposal criterion because
its proposal serves at least 25 percent more area and population than New Life’s next best area and
Kachemak’s next best population proposal. Accordingly, Kachemak is credited with a total of three
points; New Life and Homer SDA each receive two points; BHBM is not credited with any points.
Kachemak is therefore the tentative selectee in Group 302.
22.
Group 303. The six applications in this group propose service to six different
communities in Alaska. Blessed Hope Baptist Mission (“BHBM”) filed two applications, one to serve
Hope and the other to serve Kasilof. Alaska Educational Radio System, Inc. (“AERS”) proposes service
to the communities of Sunrise, Ridgeway, and Cooper Landing in its three respective applications. New
Life Tabernacle Homer AK (“New Life”) would serve Kenai. None of the applicants claims that it is
eligible for a fair distribution preference. Each, therefore, proceeds to a point hearing.
23.
BHBM-Kasilof and New Life each claim three points as established local applicants.
Neither, however, provides documentation to support its claim and, therefore, neither will be credited
with points under this criterion. Neither BHBM-Hope nor AERS claims localism points. BHBM and
New Life each claim two points for diversity of ownership, but only New Life supports its diversity claim
and will be awarded points under this criterion. AERS certifies that it is not entitled to diversity points.
None of the applicants claims points as a statewide network. With respect to technical parameters,
BHBM-Hope claims that its proposed 60 dBu contour would encompass 304 square kilometers with a
population of 371; BHBM-Kasilof, 3,174 square kilometers and 29,511 people; New Life, 3,798 square
kilometers and 30,784 people; AERS-Sunrise, 400 square kilometers and 18 people; AERS-Ridgeway,
1,900 square kilometers and 21,509 people; and AERS-Cooper Landing, 309 square kilometers and 369
people. No applicant in this group qualifies for points under the best technical proposal criterion because
New Life’s proposal to reach the largest area and population does not exceed by at least ten percent
BMBM-Kasilof’s next best proposal. Accordingly, New Life is credited with a total of two points;
service is all 11,247 people. Thus, Kachemak and Homer SDA would each 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. New Life,
while claiming that it is eligible for a fair distribution preference in each of its applications, submits no numbers to
support its claims and therefore is not entitled to a fair distribution preference.
39

To support its localism claim, New Life states only that it was incorporated in the state of Alaska. Homer SDA
states that it is an “incorporated local church.” These statements alone are insufficient to determine whether New
Life and Homer SDA merit points as established local applicants. Applicants must certify that they have been local
and established for at least two years and must provide support for such certifications. 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. See supra paras. 5, 11. New Life does not assert or establish that it meets any of these qualifications.

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BHBM and AERS are not credited with any points for their respective applications. New Life is therefore
the tentative selectee in Group 303.
24.
Group 304. The four applications in this group propose service to two different
communities in Alabama and Georgia. Jimmy Jarrell Communications Foundation, Inc. (“JJCF”), Joy
Christian Communications, Inc. (“Joy”), and Harvest Christian Fellowship, Inc. (“Harvest”) would each
serve Piedmont, Alabama. Southwest Radio Church of the Air, Inc. (“SRCA”) proposes to serve
Cedartown, Georgia. Harvest is the only applicant to certify that it is eligible for a fair distribution
preference.40 SRCA’s application for Cedartown is eliminated because Harvest’s application to serve the
different community of Piedmont is entitled to a fair distribution preference. JJCF and Joy cannot be
eliminated under the fair distribution criterion because each proposes to serve the same community as
Harvest. Harvest, JJCF, and Joy therefore must proceed to a point hearing to determine which will serve
the community of Piedmont.
25.
Joy is the only applicant to claim points as an established local applicant. Joy, however,
fails to provide any information to support its claim, and we therefore will not award points to Joy under
this criterion. Joy and Harvest each claim two points for diversity of ownership; JJCF does not. Joy,
however, does not support its diversity claim and accordingly will not be awarded points under this
criterion. Joy is the only applicant to claim points as a statewide network. It, however, fails to support its
claim, and we therefore will not credit Joy with points under this criterion. With respect to technical
parameters, JJCF’s proposed 60 dBu contour would encompass 219 square kilometers with a population
of 7,748. Joy’s proposed 60 dBu contour would encompass 251 square kilometers with a population of
8,051. Harvest’s proposed 60 dBu contour would encompass 1,088 square kilometers with a population
of 29,499. Harvest qualifies for two points under the best technical proposal criterion because its
proposal will serve at least 25 percent more area and population than Joy’s next best proposal.
Accordingly, Harvest is credited with a total of four points; JJCF and Joy are not credited with any points.
Harvest is therefore the tentative selectee in Group 304.
26.
Group 305A.41 The two applications in this group would serve different communities in
Alabama and Georgia. B. Jordan Communications Corporation (“BJCC”) proposes to serve Roanoke,
Alabama. The Enon Grove Community Church and Christian Eagle Association, Inc. (“Enon”) proposes
service to Franklin, Georgia. Each states that it is eligible for a fair distribution preference.42 BJCC and
Enon claim that they would provide a new first NCE service to comparably-sized populations of 2,672
people and 2,854 people, respectively. Because first service is not determinative, we consider their
proposed aggregated first and second NCE service to 12,464 people and 16,555 people, respectively.
Because Enon’s aggregated first and second NCE service would not serve at least 5,000 more people than
BJCC’s aggregated first and second service, neither is eligible for a fair distribution preference, and BJCC
and Enon must proceed to a point hearing.
40

See Harvest Application, Questions III(1), III(2), and associated exhibits. Harvest’s 60 dBu contour encompasses
29,499 people. Harvest’s claimed aggregated first and second NCE service is 3,946 people. Thus, it 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.
41

Group 305, which originally contained nine applications, was bifurcated as a result of the voluntary dismissal of
one application in the group. We consider Group 305A herein. Group 305B, consisting of six applications, will be
considered separately in this Order.
42

See BJCC and Enon Applications, Questions III(1), III(2), and associated exhibits. BJCC’s 60 dBu contour
encompasses 12,464 people, and it claims to provide aggregated first and second NCE service to all 12,464 people.
Enon’s 60 dBu contour encompasses 16,555 people, and it claims to provide aggregated first and second NCE
service to all 16,555 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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27.
Enon certifies that it qualifies for points as an established local applicant; BJCC does not.
Each applicant claims two points for diversity of ownership, and neither claims points as a statewide
network. With respect to technical parameters, Enon’s proposed 60 dBu contour would encompass 840
square kilometers with a population of 16,555. BJCC’s proposed 60 dBu contour would encompass 599
square kilometers with a population of 12,464. Enon qualifies for two points under the best technical
proposal criterion because its proposal will serve at least 25 percent more area and population than BJCC.
Accordingly, Enon is credited with a total of seven points, and BJCC is credited with two points. Enon is
therefore the tentative selectee in Group 305A.
28.
Group 305B.43 This group consists of six applications proposing service to three
different communities in Alabama. Jimmy Jarrell Communications Foundation, Inc. (“JJCF”), B. Jordan
Communications Corporation (“BJCC”), and KMZD Radio, Inc. (“KMZD”) each propose to serve
Tuskegee. JJCF and Harvest Christian Fellowship, Inc. (“Harvest”) would each serve Union Springs, and
Immanuel Broadcasting Network (“Immanuel”) proposes service to Notsulga. JJCF-Union Springs is the
only applicant to claim eligibility for a fair distribution preference.44 Accordingly, the JJCF-Tuskegee,
BJCC, KMZD, and Immanuel applications are each eliminated because JJCF’s application to serve the
different community of Union Springs is entitled to a fair distribution preference. Harvest cannot be
eliminated because it proposes to serve the same community as JJCF. Accordingly, Harvest and JJCFUnion Springs proceed to a point hearing to determine which will provide service to the Union Springs
community.
29.
Neither applicant claims to be eligible for points as an established local applicant.
Harvest, but not JJCF, claims two points for diversity of ownership. Neither applicant claims points as a
statewide network. With respect to technical parameters, JJCF’s proposed Union Springs 60 dBu contour
would encompass 1,300 square kilometers with a population of 10,684. Harvest’s proposed 60 dBu
contour would encompass 1,869 square kilometers with a population of 12,733. Harvest qualifies for one
point under the best technical proposal criterion because its proposal serves at least 10 percent more area
and population than JJCF’s proposal. Accordingly, Harvest is credited with a total of three points; JJCF
is not credited with any points. Harvest is therefore the tentative selectee in Group 305B.
30.
Group 309. This group is comprised of nine applications proposing service to six
different communities in Arizona and Texas. The following three applicants propose service to Apache
Junction, Arizona: Arizona Community Media Foundation (“ACMF”), Black Entrepreneur Association
(“BEA”), and East Valley Institute of Technology District # 401 (“EVIT”). Community Impact
Foundation, Inc. (“CIF”) and Hispanic Family Christian Network, Inc. (“HFCN”) each propose service to
Tonopah, Arizona. The remaining Arizona applicants are: The Johnson Foundation (“Johnson”) for Casa
Grande; Tohono O’Odham Nation (“Tohono”) for Cockleburr; and The Helpline (“Helpline”) for
Buckeye. Primera Iglesia Evangelica de Apostoles y Profetas (“PIEA”) proposes to serve San Lucy Villa,
Texas. None of the applicants claims that it is eligible for a fair distribution preference. The entire group
therefore proceeds to a point hearing.
31.
ACMF, EVIT, and Tohono each certify that they are entitled to three points as
established local applicants. CIF, BEA, Johnson, Helpline, HFCN, and PIEA do not claim localism
points. Each applicant certifies that it is entitled to two points for diversity of ownership. None of the
43

See supra note 41.

44

See JJCF Application, Questions III(1), III(2), and associated exhibits. JJCF’s 60 dBu contour encompasses
10,684 people, and its claimed aggregated first and second NCE service is 3,393 people. Thus, JJCF 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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applicants claim points as a statewide network. With respect to technical parameters, CIF claims that its
proposed 60 dBu contour would encompass 4,576 square kilometers with a population of 4,993; ACMF,
848 square kilometers and 189,127 people; BEA, 1,031 square kilometers and 336,744 people; EVIT, 961
square kilometers and 219,934 people; Tohono, 449 square kilometers and 469 people; Helpline, 5,552
square kilometers and 13,459 people; HFCN, 520 square kilometers and 426 people; and PIEA, 1,203
square kilometers and 2,685 people. Johnson failed to specify its proposed technical parameters.45 No
applicant is eligible for any points under the best technical proposal because no applicant proposes to
serve both the most area and population, at least 10 percent greater than the next best applicant.
Accordingly, ACMF, EVIT, and Tohono are credited with a total of five points each. CIF, BEA,
Johnson, Helpline, HFCN, and PIEA receive two points each and are therefore eliminated. ACMF,
EVIT, and Tohono proceed to a tie-breaker.
32.
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. Tohono certifies that it has one attributable interest. ACMF and EVIT each certify that they
have no attributable interest in any radio authorization. Tohono is therefore eliminated, and ACMF and
EVIT proceed to the second issue considered in a tie-breaker – the number of pending radio applications
attributable to each applicant. ACMF certifies that it has two applications; EVIT certifies that it has one
pending application. EVIT therefore prevails based on this second tiebreaker criterion and is the tentative
selectee in Group 309.
33.
Group 311A.46 This group consists of three applications, each proposing to serve
Oroville, California. The applicants are: Bird Street Media Project (“BSMP”), Centro Cristiano Sion
(“Sion”), and Gold City Media Group (“GCMG”). BSMP is the only applicant to claim points as an
established local applicant. BSMP also claims two points for diversity of ownership based on a pledge to
divest LPFM station KRBS-LP, Oroville, California. Sion and GCMG also claim two points each for
diversity of ownership. GCMG, however, fails to submit documentation to support its diversity claim,
and therefore does not qualify for points under this criterion. None of the applicants claim points as a
statewide network. With respect to technical parameters, BSMP’s proposed 60 dBu contour would
encompass 1,281 square kilometers with a population of 46,139. Sion’s proposed 60 dBu contour would
encompass 827 square kilometers with a population of 44,717. GCMG did not specify its proposed
technical parameters.47 No applicant is eligible for points under the best technical proposal criterion
because BSMP’s proposal to serve the largest area and population does not exceed Sion’s proposed area
and population by at least 10 percent. Accordingly, BSMP is credited with five points; Sion receives two
points; and GCMG is not credited with any points. BSMP is therefore the tentative selectee in Group
311A.
34.
Group 312. This group consists of five applications, each proposing service to the
community of Livermore, California. The applicants are: Los Positas College (“Positas”), Old Time
Gospel Ministries (“OTGM”), Les Seraphim (“Seraphim”), Centro Palebra de Fe Church (“Fe”), and
Regents of the University of California (“UC Regents”). UC Regents certifies that it is entitled to three
points as an established local applicant. OTGM, Seraphim, and Fe do not claim points under this
45

Because Johnson provided no numbers, we will consider it to serve zero square kilometers with a population of
zero. See, e.g., NCE Omnibus, 22 FCC Rcd at 6121 (when, in two-applicant group, one applicant provided
technical numbers and the other did not, applicant providing the numbers was awarded maximum technical points).
46

Group 311, which originally contained 13 applications, was bifurcated by a settlement in which two applications
were voluntarily dismissed and one application was amended to a singleton. We consider Group 311A herein.
Group 311B, consisting of seven applications, will be considered in a separate order.
47

Because GCMG provided no numbers, we will consider it to serve zero square kilometers with a population of
zero. See supra note 45.

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criterion. Seraphim and Fe claim two points each for diversity of ownership; OTGM and UC Regents do
not claim diversity points. Finally, Positas claims points both as an established local applicant and for
diversity of ownership but fails to submit the requisite documentation to support its claims. Accordingly,
Positas will not receive points under either criterion. None of the applicants claim points as a statewide
network. With respect to technical parameters, Positas claims that its proposed 60 dBu contour would
encompass 120 square kilometers with a population of 59,599; OTGM, 146 square kilometers and 68,302
people; Seraphim, 139 square kilometers and 65,824 people; Fe, 148 square kilometers and 49,893
people; and UC Regents, 128 square kilometers and 66,633 people. No applicant is eligible for any
points under the best technical proposal because no applicant proposes to serve an area and population at
least 10 percent greater than the next best proposal. Accordingly, UC Regents is credited with a total of
three points; Seraphim and Fe receive two points each; and Positas and OTGM are each not credited with
any points. UC Regents is therefore the tentative selectee in Group 312.
35.
Group 314. This group is comprised of eight applications proposing service to eight
different communities in California. Centro Cristiano de Fe, Inc. (“Fe”) filed two applications, one for
Weaverville and the other for Eureka. The other applicants are: One Ministries, Inc. (“OMI”) for Fields
Landing; Centro Cristiano Sion (“Sion”) for Hayfork; Calvary Chapel of Red Bluff (“CCRB”) for
Hooker; People of Progress, Inc. (“POP”) for Shasta; Iglesia Alto Refugio (“IAR”) for Fortuna; and Ink
People, Inc. (“Ink”) for Pine Hills. None of the applicants claims that it is eligible for a fair distribution
preference. The entire group therefore proceeds to a point hearing.
36.
CCRB, POP, and Ink certify that they each are entitled to three points as established local
applicants. OMI, Sion, Fe, and IAR do not. Each applicant certifies that it is entitled to two points for
diversity of ownership, with the claim of OMI based on a pledge to divest LPFM station KQSL-LP,
Pemgrove, California. Fe and IAR, however, fail to provide the requisite support. Accordingly, we will
not award diversity points to either Fe or IAR. None of the applicants claim points as a statewide
network. With respect to technical parameters, OMI claims that its proposed 60 dBu contour would
encompass 1,401 square kilometers with a population of 71,238; Sion, 324 square kilometers and 2,222
people; CCRB, 359 square kilometers and 4,356 people; POP, 3,865 square kilometers and 102,109
people; Fe, 2,639 square kilometers and 9,670 people for Weaverville, and 1,059 square kilometers and
61,249 people for Eureka; IAR, 1,408 square kilometers and 63,006 people; and Ink, 402 square
kilometers and 56,146 people. POP qualifies for two points under the best technical proposal criterion
because it will serve at least 25 percent more area and population than Fe-Weaverville’s next best area
and OMI’s next best population proposal. Accordingly, POP is credited with a total of seven points;
CCRB and Ink are each credited with five points; OMI and Sion receive two points each; and Fe and IAR
are not credited with any points.48 POP is therefore the tentative selectee in Group 314.
37.
Group 315. The five applications in this group would serve five different communities
in California. The applicants are: Vida Worth Vivir, Inc. (“VWV”) for Meadow Vista; Educational
Media Foundation (“EMF”) for Foresthill; Company One, Inc. (“COI”) for Grass Valley; Immaculate
Conception Apostolic School (“ICA School”) for Colfax; and Grass Valley Seventh-Day Adventist
Church (“GVSDA”) for Nevada City.49 Each applicant, with the exception of GVSDA, certifies that it is
eligible for a fair distribution preference.50 GVSDA is therefore eliminated. Because none of the
48

If the Commission had accepted Fe’s and IAR’s claims of two points for diversity of ownership, it would not have
changed the outcome of this MX group. Specifically, POP’s credited total of seven points would still have exceeded
Fe’s and IAR’s claimed totals of two points each.
49

EMF proposes a major change to the construction permit for its NCE FM Station KDAI(FM). Each of the other
applicants in the group proposes a new station.
50

See VWV, EMF, COI, and ICA School Applications, Questions III(1), III(2), and associated exhibits. VWV
claims that it would provide aggregated first and second NCE service to 96,239 of the 105,411 people encompassed

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remaining applicants claims a first service preference, we consider the aggregated first and second NCE
service claims of VWV, EMF, COI, and ICA School to 96,239 people, 87,715 people, 73,127 people, and
96,989 people, respectively. EMF and COI are eliminated because each would provide service to at least
5,000 fewer people than VWV’s application for a different community. The VWV and ICA School
proposals, however, are comparable and therefore proceed to a point hearing.
38.
ICA School certifies that it qualifies for points as an established local applicant; VWV
does not. Each applicant claims two points for diversity of ownership, and neither claims points as a
statewide network. With respect to technical parameters, VWV’s proposed 60 dBu contour would
encompass 2,022 square kilometers with a population of 105,411. ICA School’s proposed 60 dBu
contour would encompass 1,986 square kilometers with a population of 103,101. Neither applicant
qualifies for points under the best technical proposal criterion because neither proposal would serve at
least 10 percent more area and population than the other. Accordingly, ICA School is credited with a
total of five points, and VWV is credited with two points. ICA School is therefore the tentative selectee
in Group 315.
39.
Group 316. This group consists of five applications proposing service to three different
communities in California. Centro Cristiano Vida Abundante (“CCVA”) and California Association for
Research and Education (“CARE”) each propose to serve Paicines. Centro Cristiano de Fe, Inc. (“Fe”)
and Colina Alta Ministries, Inc. (“Colina”) would each serve Carmel Valley, and Centro Cristiano Sion
(“Sion”) proposes service to Robles del Rio. None of the applicants claim eligibility for a fair distribution
preference. The group therefore proceeds to a point hearing.
40.
No applicant claims that it is entitled to points as an established local applicant. Each
applicant claims two points for diversity of ownership. Fe, however, fails to submit the requisite
documentation to support its claim. Accordingly, we award diversity points to CCVA, Sion, Colina, and
CARE, but will not award points to Fe under this criterion. None of the applicants claim points as a
statewide network. With respect to technical parameters, CCVA claims that its proposed 60 dBu contour
would encompass 251 square kilometers with a population of 233; Sion, 122 square kilometers and 5,842
people; Fe, 100 square kilometers and 4,977 people; Colina, 100 square kilometers and 5,835 people; and
CARE, 468 square kilometers and 665 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 more than the next best applicant. Accordingly, CCVA, Sion, Colina, and CARE are
credited with a total of two points each; Fe is not credited with any points. Fe is therefore eliminated, and
CCVA, Sion, Colina, and CARE 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. CCVA certifies that it has one attributable interest; Colina discloses five attributable interests;
Sion and CARE respectively certify that each has no attributable interest in any radio authorization.
CCVA and Colina are therefore eliminated, and Sion and CARE proceed to the second issue considered
in a tie-breaker – the number of pending radio applications attributable to each applicant. Sion certifies
that it has attributable interests in ten radio applications. CARE certifies that it has no other pending
applications, which is inaccurate. CARE should have listed the instant application and its other eight
applications filed during the NCE window.51 Even accounting for this error, CARE has fewer
within its 60 dBu contour; EMF to 87,715 of the 106,875 people within the area of newly added service; COI to all
73,127 of the 73,127 people; and ICA School to 96,989 of the 103,101 people. Thus, each would provide combined
first and second NCE service to at least ten percent of the population within its 60 dBu contour (or within the area of
newly added service in the case of EMF) and to more than 2,000 people.
51

We have revised CARE’s claim to reflect that it has nine pending applications under consideration.

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applications than Sion.52 CARE therefore prevails based on this second tie-breaker and is the tentative
selectee in Group 316.
42.
Group 318. This group is comprised of ten applications proposing service to four
different communities in California. The following five applicants each propose service to San Martin:
Centro Cristiano Vida Abundante (“CCVA”), Generations Four Square Church (“GFSC”), Centro
Cristiano Sion (“Sion”), National Hispanic University (“NHU”), and Centro Cristiano Cosecha Final
(“CCCF”). Three applicants would each serve Dos Palos: Samsno Educational Media (“Samsno”),
Advance Ministries Inc. (“AMI”), and Calvary Chapel of Modesto, Inc. (“Calvary Modesto”). CCCF and
Common Frequency, Inc. (“CFI”) propose service to the respective communities of Los Banos and
Morgan Hill. GFSC, Samsno, NHU, CFI, and Calvary Modesto each claim eligibility for a fair
distribution preference.53 CCVA, Sion, CCCF (both proposals), and AMI do not, and therefore each is
eliminated. Samsno is the only applicant to claim that it is eligible for a first service preference.54
Accordingly, the applications of GFSC, NHU, and CFI are each eliminated because Samsno’s application
to serve the different community of Dos Palos is entitled to a first service preference. Calvary Modesto
cannot be eliminated under the fair distribution criterion because it proposes to serve the same community
as Samsno. Samsno and Calvary Modesto therefore proceed to a point hearing to determine which will
serve the community of Dos Palos.
43.
Neither applicant claims points as an established local applicant. Samsno claims two
points for diversity of ownership based on a pledge to divest LPFM station KCFL-LP, Fall City,
Washington. Samsno, 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 points to
Samsno under this criterion. Calvary Modesto does not claim diversity points. Neither applicant claims
points as a statewide network. With respect to technical parameters, Samsno’s proposed 60 dBu contour
would encompass 1,327 square kilometers with a population of 41,922. Calvary Modesto’s 60 dBu
contour would encompass 2,089 square kilometers with a population of 40,953. Neither applicant
qualifies for points under the best technical proposal criterion because neither proposal would serve at
least 10 percent more area and population than the other. Accordingly, neither Samsno nor Calvary
Modesto is credited with any points, and the applicants proceed to a tie-breaker.
44.
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. Samsno and Calvary Modesto certify that each has an attributable interest in one radio
authorization. Therefore, we proceed to the second issue considered in a tie-breaker – the number of
pending radio applications attributable to each applicant. Samsno certifies that it has attributable interests

52

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 CARE knowingly misstated its number of pending
applications. Moreover, we note that in response to Section V(2) of FCC Form 340 (“pending applications”),
numerous applicants neglected to list applications filed during the October 2007, filing window, as directed. We,
however, caution CARE 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.
53

See GFSC, Samsno, NHU, CFI, and Calvary Modesto Applications, Questions III(1), III(2), and associated
exhibits. GFSC claims that it would provide aggregated first and second NCE service to 13,595 of the 49,941
people encompassed within its 60 dBu contour; Samsno to 13,581 of the 41,922 people; NHU to 10,848 of the
40,204 people; CFI to 13,355 of the 46,798 people; and Calvary Modesto to all 40,953 of the 40,953 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.
54

Samsno certifies that it will provide first NCE service to 13,581 people.

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in 35 radio applications. Calvary Modesto certifies that it has four pending applications. Calvary
Modesto therefore prevails based on this second tie-breaker and is the tentative selectee in Group 318.
45.
Group 320. This group consists of four applications proposing service to three different
communities in California. First Unitarian Universal Life Church of Hanford (“FUULC”) filed two
applications to serve Hanford, one specifying Channel 217 and the other Channel 220. Vida Worth Vivir,
Inc. (“VWV”) and South Valley Peace Center (“SVPC”) propose service to the respective communities of
Lost Hills and Tulare. Neither VWV nor SVPC claims that it qualifies for a fair distribution preference.
FUULC, while claiming that it is eligible for a fair distribution preference in each of its applications, fails
to identify the number of people that would receive a new first or second NCE service. Accordingly,
FUULC does not qualify for a preference, and the group proceeds to a point hearing.
46.
FUULC and SVPC each certify that they are eligible for points as established local
applicants; VWV does not. FUULC provides no information to support its localism claim, and
accordingly will not receive points under this criterion. Each applicant claims two points for diversity of
ownership. FUULC, however, does not support its diversity claim. Accordingly, VWV and SVPC, but
not FUULC, will receive two points each under this criterion. FUULC is the only applicant to claim
points as a statewide network. FUULC, however, fails to submit any information to support its claim and
accordingly, will not be awarded points under this criterion. With respect to technical parameters,
VWV’s proposed 60 dBu contour would encompass 867 square kilometers with a population of 2,084.
FUULC’s proposed 60 dBu contours would each encompass 269 square kilometers with a population of
100. SVPC’s proposed 60 dBu contour would encompass 2,392 square kilometers with a population of
65,987. SVPC qualifies for two points under the best technical proposal criterion because its proposal
serves at least 25 percent more area and population than VWV’s next best proposal. Accordingly, SVPC
is credited with a total of seven points; VWV receives two points; and FUULC is not credited with any
points. SVPC is therefore the tentative selectee in Group 320.
47.
Group 322. This group is comprised of nine applications proposing service to four
different communities in Colorado. The following six applicants propose to serve Gunnison: Public
Broadcasting of Colorado, Inc. (“PBC”), Academy Media Inc. (“Academy”), Make a Difference
Foundation, Inc. (“MDF”), Crested Butte Mountain Educational Radio, Inc. (“CBMER”), Cheyenne
Mountain Public Broadcast House, Inc. (“Cheyenne”), and United Ministries (“UM”). Cedar Cove
Broadcasting, Inc. (“Cedar”), San Miguel Educational Fund (“SMEF”), and MDF would serve Ridgway,
Rico, and Paonia, respectively. Six applications claim eligibility for a fair distribution preference.55
Cedar, SMEF, and UM certify ineligibility for a preference and, accordingly, each is eliminated. None of
the remaining applicants claims that it is entitled to a first NCE service preference, and we therefore
consider the applicants’ combined first and second NCE service proposals. PBC claims that it would
provide combined first and second NCE service to 9,010 people; Academy to 12,077 people; MDF to
9,341 people with its Gunnison proposal and to 4,090 people for Paonia; CBMER to 11,591 people; and
Cheyenne to 9,152 people. MDF-Paonia is eliminated because PBC’s proposal for a different
community would serve at least 5,000 more people. The remaining five applicants propose to serve the
same community. PBC, Academy, MDF, CBMER, and Cheyenne therefore proceed to a point hearing to
determine which will serve the community of Gunnison.

55

See PBC, Academy, MDF, CBMER, and Cheyenne Applications, Questions III(1), III(2), and associated exhibits.
PBC claims that it would provide aggregated first and second NCE service to all 9,010 of the 9,010 people
encompassed within its 60 dBu contour; Academy to all 12,077 of the 12,077 people; MDF to all 9,341 of the 9,341
people within its Gunnison contour, and to 4,090 of the 8,300 people for Paonia; CBMER to 11,591 of the 11,650
people; and Cheyenne to 9,152 of the 9,153 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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48.
CBMER is the only applicant to claim points as an established local applicant. Each
applicant, with the exception of PBC, claims two points for diversity of ownership. CBMER’s claim is
based on a pledge to divest FM translator station K210BS, Gunnison, Colorado. None of the applicants
claim points as a statewide network. With respect to technical parameters, PBC claims that its proposed
60 dBu contour would encompass 890 square kilometers with a population of 9,010; Academy, 2,971
square kilometers and 12,077 people; MDF, 1,372 square kilometers and 9,341 people; CBMER, 2,975
square kilometers and 11,650 people; and Cheyenne, 1,206 square kilometers and 9,153 people. No
applicant is eligible for any points under the best technical proposal criterion because no applicant
proposes to serve an area and population at least 10 percent greater than the next best proposal.
Accordingly, CBMER is credited with a total of five points; Academy, MDF, and Cheyenne are credited
with two points each; PBC is not credited with any points. CBMER is therefore the tentative selectee in
Group 322.
49.
Group 323. This group consists of eight applications proposing service to five different
communities in Colorado. Mountain Air Radio, Inc. (“MAR”), HO. LY, Inc. (“HO. LY”), and Wren
Communications, Inc. (“Wren”) each propose service to Aspen. Summit Public Radio and TV, Inc.
(“Summit”) and NC Friends Broadcasting, Inc. (“NC Friends”) would each serve Breckenridge. The
other applicants are: Carbondale Community Access Radio, Inc. (“Carbondale”) for Snowmass Villa;
Academy Media Inc. (“Academy”) for Dillon; and Tightrope Broadcasting, Inc. (“Tightrope”) for Vail.
Summit and Academy each claim eligibility for a fair distribution preference.56 The remaining six
applicants do not, and accordingly, Carbondale, MAR, HO. LY, Wren, NC Friends, and Tightrope are
each eliminated. Neither Summit nor Academy claims a preference for first NCE service alone; instead,
each relies on first and second NCE service population totals. Summit and Academy’s proposed
aggregated first and second NCE service to 22,495 people and 23,378 people, respectively, are
comparable.57 Accordingly, Summit and Academy proceed to a point hearing.
50.
Summit certifies that it is eligible for points as an established local applicant; Academy
does not. Academy, but not Summit, claims two points for diversity of ownership. Neither applicant
claims points as a statewide network. With respect to technical parameters, Summit’s proposed 60 dBu
contour would encompass 2,257 square kilometers with a population of 25,162. Academy’s proposed 60
dBu contour would encompass 634 square kilometers with a population of 23,615. Neither applicant is
eligible for points under the best technical proposal criterion because neither proposes to serve at least 10
percent more area and population than the other applicant. Accordingly, Summit is credited with a total
of three points, and Academy receives two points. Summit is therefore the tentative selectee in Group
323.
51.
Group 325. This group is comprised of 12 applications proposing service to nine
different communities in Colorado. Make a Difference Foundation, Inc. (“MDF”) and Community Radio
for Northern Colorado (“CRNC”) each propose to serve Silverthorne. Educational Communications of
Colorado Springs (“ECCS”), Crystal Mountain Center for the Performing Arts (“Crystal”), and Cheyenne
Mountain Public Broadcast House (“Cheyenne”) would each serve Westcliffe. The other applicants are:
Academy Media Inc. (“Academy”) for Crested Butte; MDF for Lake George; Crested Butte Mountain
Educational Radio, Inc. (“CBMER”) for Almont; St. Paul Cultural Broadcasting, Inc. (“St. Paul”) for
Blue River; Cheyenne for Breckenridge; Mountain Air Radio, Inc. (“MAR”) for Keystone; and NC
56

See Summit and Academy Applications, Questions III(1), III(2), and associated exhibits. Summit’s 60 dBu
contour encompasses 25,162 people, and its claimed aggregated first and second NCE service is 22,495 people.
Academy’s 60 dBu contour encompasses 23,615 people, and its claimed aggregated first and second NCE service is
23,378 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.
57

For purposes of this Order, we define proposals as “comparable” when no proposal exceeds the next best by at
least 5,000 people.

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Friends Broadcasting, Inc. (“NC Friends”) for Cripple Creek. Academy, MDF, ECCS, CBMER, Crystal,
CRNC, and Cheyenne each claim to be eligible for a fair distribution preference.58 St. Paul, MAR, and
NC Friends do not, and each is therefore eliminated. CRNC is the only applicant to claim a first service
preference.59 Accordingly, the applications of Academy, MDF-Lake George, ECCS, CBMER, Crystal,
and Cheyenne are each eliminated because CRNC’s application to serve the different community of
Silverthorne is entitled to a first service preference. MDF-Silverthorne cannot be eliminated under the
fair distribution criterion because it proposes to serve the same community as CRNC. CRNC and MDFSilverthorne therefore must proceed to a point hearing to determine which will serve the community of
Silverthorne.
52.
Neither applicant claims points as an established local applicant. MDF and CRNC each
claim two points for diversity of ownership, with CRNC’s claim based on a pledge to divest FM
translator station K202CV, Breckenridge, Colorado. Neither applicant claims points as a statewide
network. With respect to technical parameters, MDF’s proposed 60 dBu contour would encompass 1,144
square kilometers with a population of 24,429. CRNC’s proposed 60 dBu contour would encompass
5,816 square kilometers with a population of 42,874. CRNC qualifies for two points under the best
technical proposal criterion because its proposal serves at least 25 percent more area and population than
the MDF proposal. Accordingly, CRNC is credited with four points, and MDF receives two points.
CRNC is therefore the tentative selectee in Group 325.
53.
Group 326. This group consists of five applications proposing service to five different
communities in Connecticut and Rhode Island. Calvary Chapel of Southeastern Connecticut (“CCSC”)
filed two applications, one for Wauregan, and the other for Moosup, Connecticut. Bryant University
(“Bryant”) and Franciscan Friars of the Immaculate Incorporated (“FFI”) propose service to Danielson
and Plainfield, Connecticut, respectively. His Voice Ministries (“HVM”) would serve Hope Valley,
Rhode Island. Each applicant certifies that it is eligible for a fair distribution preference60 and a first
service preference. CCSC claims that it would provide a first NCE service to 16,663 people in Wauregan,
and to 8,144 people for Moosup; Bryant to 20,716 people; FFI to 21,616 people; and HVM to 5,819
people. CCSC-Moosup and HVM are eliminated because CCSC-Wauregan’s next highest proposal will
serve at least 5,000 more people. The first service proposals of CCSC-Wauregan, Bryant, and FFI are
comparable because none exceeds the next best by at least 5,000 people. Accordingly, we consider the
applicants’ proposals to provide aggregated first and second NCE service to 46,371 people, 54,225
people, and 49,762 people, respectively. These proposals are also comparable. CCSC-Wauregan, Bryant,
and FFI therefore must proceed to a point hearing.

58

See Academy, MDF, ECCS, CBMER, Crystal, CRNC, and Cheyenne Applications, Questions III(1), III(2), and
associated exhibits. Academy claims that it would provide aggregated first and second NCE service to all 3,284 of
the 3,284 people encompassed within its 60 dBu contour; MDF to all 24,429 of the 24,429 people within its
Silverthorne contour, and to 4,692 of the 6,212 people within its proposed Lake George contour; ECCS to 3,109 of
the 3,248 people; CBMER to all 8,204 of the 8,204 people; Crystal to all 2,695 of the 2,695 people; CRNC to
36,747 of the 42,874 people; and Cheyenne to 2,539 of the 2,763 people within its Westcliffe contour, and to 22,426
of the 23,059 people within its Breckenridge contour. 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

CRNC certifies that it will provide 4,990 people with a first NCE service.

60

See CCSC, Bryant, FFI, and HVM Applications, Questions III(1), III(2), and associated exhibits. CCSC claims
that it would provide aggregated first and second NCE service to 46,371 of the 55,699 people encompassed within
its Wauregan 60 dBu contour, and to 11,747 of the 11,820 people for Moosup; Bryant to 54,225 of the 63,323
people; FFI to 49,762 of the 55,654 people; and HVM to 13,197 of the 22,920 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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54.
Each applicant claims three points as an established local applicant and two points for
diversity of ownership. CCSC’s diversity claim is based on a pledge to divest LPFM station WCSE-LP,
Ledyard, Connecticut, and its interest in WNLN-LP, Niantic, Connecticut. None of the applicants claim
points as a statewide network. With respect to technical parameters, CCSC’s proposed 60 dBu contour
would encompass 763 square kilometers with a population of 55,699. Bryant’s proposed 60 dBu contour
would encompass 974 square kilometers with a population of 63,323. FFI’s proposed 60 dBu contour
would encompass 831 square kilometers with a population of 55,654. Bryant is eligible for one point
under the best technical proposal criterion because it proposes to serve at least 10 percent more area and
population than FFI’s next best area and CCSC’s next best population proposal. Accordingly, Bryant is
credited with a total of six points; CCSC and FFI are each credited with five points. Bryant is therefore
the tentative selectee in Group 326.
55.
Group 327. The six applications in this group would serve four different communities
in Connecticut. Northeast Hartford Acorn (“Acorn”) and WAMC each propose service to Manchester.
Cape Cod Christian Broadcasting (“CCCB”) and Morgan Brook Christian Radio, Inc. (“Morgan”) would
each serve East Hartford. Legion of Christ College, Inc. (“LCC”) and WNYC Radio (“WNYC”) propose
to serve Wethersfield and Central Manchester, respectively. Each applicant certifies that it is eligible for
a fair distribution preference.61 Because none of the applicants claims a first service preference, we
consider the aggregated first and second NCE service claims of Acorn, WAMC, CCCB, Morgan, LCC,
and WNYC to 22,584 people, 20,650 people, 25,118 people, 29,340 people, 30,957 people, and 17,726
people, respectively. The six proposals are comparable because none would provide a new first or second
NCE service to at least 5,000 more listeners than the next best proposal. Therefore, the entire group
proceeds to a point hearing.
56.
LCC, Acorn, CCCB, and Morgan each claim that they qualify for points as established
local applicants. CCCB did not, however, provide any supporting documentation, and we therefore will
not credit CCCB with localism points. WNYC and WAMC do not claim localism points. Each applicant
claims two points for diversity of ownership, with CCCB’s claim based on a pledge to divest LPFM
station WXLJ-LP, East Harwich, Connecticut. CCCB, 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 points to CCCB under this criterion. None of the applicants claim points
as a statewide network. With respect to technical parameters, LCC claims that its proposed 60 dBu
contour would encompass 443 square kilometers with a population of 230,345; Acorn, 196 square
kilometers and 101,875 people; WNYC, 216 square kilometers and 102,063 people; WAMC, 320 square
kilometers and 159,799 people; CCCB, 333 square kilometers and 164,271 people; and Morgan, 361
square kilometers and 164,875 people. LCC qualifies for one point under the best technical proposal
criterion because it proposes to serve at least 10 percent more area and population than Morgan’s next
best proposal. Accordingly, LCC is credited with a total of six points; Acorn and Morgan are credited
with five points each; WNYC and WAMC each receive two points; and CCCB is not credited with any
points.62 LCC is therefore the tentative selectee in Group 327.

61

See Acorn, WAMC, CCCB, Morgan, LCC, and WNYC Applications, Questions III(1), III(2), and associated
exhibits. Acorn claims that it would provide aggregated first and second NCE service to 22,584 of the 101,875
people encompassed within its 60 dBu contour; WAMC to 20,650 of the 159,799 people; CCCB to 25,118 of the
164,271 people; Morgan to 29,340 of the 164,875 people; LCC to 30,957 of the 230,345 people; and WNYC to
17,726 of the 102,063 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.
62

If the Commission had accepted CCCB’s localism and diversity claims, it would not have changed the outcome of
this MX group. Specifically, LCC’s credited total of six points still would have exceeded CCCB’s claimed total of
five points.

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57.
Group 328. This group consists of 10 applications proposing service to five different
communities in Florida. Five applicants propose service to Port St. Joe: Victor Broadcasting, Inc.
(“Victor”), Serendipity Educational Broadcasting, Inc. (“Serendipity”), Help Save the Apalachicola River
Group, Inc. (“HSARG”), Cornerstone Community Radio, Inc. (“Cornerstone”), and Calvary Fellowship,
Inc. (“Calvary”). Martin Bayou Management Corporation (“MBMC”) and Gulf Coast Community
College (“GCC”) would each serve Mexico Beach. Faith Radio Network, Inc. (“Faith”), Community
Radio Foundation of Florida, Inc. (“CRFF”), and De Mujer a Mujer International (“DMMI”) propose
service to Carrabelle, Apalachicola, and Overstreet, respectively. Eight applicants claim and document
eligibility for a fair distribution preference.63 CRFF also claims to be eligible for a preference, but it fails
to identify the number of people who would receive a first or second service. Accordingly, CRFF is
eliminated.64 DMMI certifies that it is not eligible for a preference and is therefore also eliminated. Each
of the eight remaining applicants, with the exception of Cornerstone, states that it is entitled to a first
service preference. Cornerstone is therefore eliminated. Victor claims that it would provide a first NCE
service to 13,848 people; Faith to 7,756 people; Serendipity to 14,458 people; HSARG to 14,729 people;
Calvary to 8,875 people; MBMC to 15,304 people; and GCC to 14,536 people. Because none of the first
service proposals of Victor, Faith, Serendipity, HSARG, Calvary, MBMC, and GCC exceeds the next
best by at least 5,000 people and therefore are comparable, we consider the applicants’ proposals to
provide first and second NCE service to 20,562 people, 10,590 people, 21,409 people, 21,608 people,
8,875 people, 21,768 people, and 20,976 people, respectively. Faith and Calvary are each eliminated
because Victor’s next best proposal for a different community will serve at least 5,000 more people. The
remaining five proposals likewise are comparable, and accordingly, Victor, Serendipity, HSARG,
MBMC, and GCC proceed to a point hearing.
58.
HSARG, MBMC, and GCC each claim three points as established local applicants;
Victor and Serendipity do not. Each applicant claims two points for diversity of ownership. Although
Serendipity submits a map showing no overlap between its proposed station and other authorizations,
Serendipity provides no indication that it timely adopted governing documents that would require it to
maintain diversity in the future. Accordingly, we will not award diversity points to Serendipity.
Serendipity is the only applicant to claim points as a statewide network. It, however, provides no support
for its claim and will therefore not receive points under this criterion.65 With respect to technical
parameters, Victor claims that its proposed 60 dBu contour would encompass 3,542 square kilometers
with a population of 22,111; Serendipity, 4,413 square kilometers and 21,409 people; HSARG, 3,821
square kilometers and 52,080 people; MBMC, 8,341 square kilometers and 55,691 people; and GCC,
3,267 square kilometers and 45,987 people. No applicant is eligible for any points under the best
technical proposal criterion because MBMC’s proposal to serve the largest area and population does not
exceed by at least 10 percent both Serendipity’s next best area and HSARG’s next best population
proposal. Accordingly, HSARG, MBMC, and GCC are credited with a total of five points each; Victor

63

See Victor, Faith, Serendipity, HSARG, Cornerstone, Calvary, MBMC, and GCC Applications, Questions III(1),
III(2), and associated exhibits. Victor claims that it would provide aggregated first and second NCE service to
20,562 of the 22,111 people encompassed within its 60 dBu contour; Faith to all 10,590 of the 10,590 people;
Serendipity to all 21,409 of the 21,409 people; HSARG to 21,608 of the 52,080 people; Cornerstone to 6,736 of the
61,694 people; Calvary to 8,875 of the 23,522 people; MBMC to 21,768 of the 55,691 people; and GCC to 20,976
of the 45,987 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.
64

CRFF submits a map but no numbers to support its claim. Such data is insufficient for the Commission or other
applicants to determine whether CRFF satisfies the 10 percent threshold and 2,000-person minimum criteria.
65

Serendipity claims two points for diversity and as a statewide network. An applicant, however, can only receive
points under one of these criteria. Moreover, as noted above, Serendipity fails to support either claim and receives
no points under either criterion.

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FCC 10-118

receives two points; and Serendipity is not credited with any points.66 Victor and Serendipity are
eliminated, and HSARG, MBMC, and GCC proceed to a tie-breaker.
59.
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. GCC certifies that it has 14 attributable interests; HSARG and MBMC certify that they each
have no attributable interest in any radio authorization. Accordingly, GCC is eliminated, and HSARG
and MBMC proceed to the second issue considered in a tie-breaker – the number of pending radio
applications attributable to each applicant. HSARG and MBMC certify that each has an attributable
interest in one radio application. Accordingly, we proceed to the tiebreaker of last resort -- mandatory
timesharing. HSARG and MBMC are thus both tentative selectees in Group 328 on a time-sharing basis.
60.
Group 329. This group consists of eight applications, each proposing to serve the
community of Key West, Florida. The applicants are: Calvary Chapel of Twin Falls, Inc. (“CCTF”),
Serendipity Educational Broadcasting, Inc. (“Serendipity), Clean Air Broadcasting Corporation (“Clean
Air”), Tillandsia Radio Outreach, Inc. (“Tillandsia”), Call Communications Group, Inc. (“Call”), St. Paul
Cultural Broadcasting, Inc. (“St. Paul”), Educational Public Radio, Inc. (“EPR”), and Cultural Renewal
Radio, UA (“CRR”). None of the applicants claims eligibility for points as an established local applicant.
The following six applicants claim points for diversity of ownership: Serendipity, Clean Air, Tillandsia,
Call, St. Paul, and CRR. Serendipity, Tillandsia, and Call do not support their respective diversity claims.
Accordingly, we will not award points to Serendipity, Tillandsia, or Call under this criterion. CCTF and
EPR certify that they each are not entitled to diversity points. CCTF and Serendipity are the only
applicants to claim points as a statewide network. Serendipity, however, fails to submit the requisite
documentation to support its claim. Accordingly, we only award points to CCTF under this criterion.
With respect to technical parameters, CCTF claims that its proposed 60 dBu contour would encompass
138 square kilometers with a population of 29,042; Serendiptiy, 352 square kilometers and 30,885 people;
Clean Air, 526 square kilometers and 30,891 people; Tillandsia, 24 square kilometers and 30,885 people;
Call, 41 square kilometers and 31,287 people; St. Paul, 52 square kilometers and 33,730 people; EPR, 19
square kilometers and 30 people; and CRR, 191 square kilometers and 33,716 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,
CCTF, Clean Air, St. Paul, and CRR are credited with a total of two points each. Serendipity, Tillandsia,
Call, and EPR are not credited with any points and are thus each eliminated. CCTF, Clean Air, St. Paul,
and CRR proceed to a tie-breaker.
61.
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. CCTF certifies that it has 455 attributable interests; Clean Air, St. Paul, and CRR certify that
they each have no attributable interest in any radio authorization. CCTF is therefore eliminated, and
Clean Air, St. Paul, and CRR proceed to the second issue considered in a tie-breaker – the number of
pending radio applications attributable to each applicant. Clean Air certifies that it has attributable
interests in three radio applications; St. Paul discloses 10 pending applications; CRR certifies to nine
applications. Clean Air therefore prevails based on this second tie-breaker and is the tentative selectee in
Group 329.
62.
Group 333. This group consists of 11 applications proposing service to seven different
communities in Georgia. Four applicants propose service to La Belle: Community Radio Foundation of
Florida, Inc. (“CRFF”), Templo Apostoles y Profetas Bethel (“TAPB”), Calvary Fellowship, Inc.
(“Calvary”), and Black Media Works, Inc. (“BMW”). BMW has two additional applications in this
66

If the Commission had accepted Serendipity’s claim of two points for diversity of ownership or as a statewide
network, it would not have changed the outcome of this MX group. Specifically, HSARG’s, MBMC’s, and GCC’s
credited totals of five points each still would have exceeded Serendipity’s claimed total of two points.

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group, one for Palmdale and the other for Moore Haven. Central Florida Educational Foundation, Inc.
(“CFEF”) and Calvary Chapel of Melbourne, Inc. (“CCM”) each propose to serve Kenansville. The
remaining applicants are: Oscar Aguero Ministry (“OAM”) for Lakeport; Seminole Tribe of Florida
(“Seminole”) for Brighton Reservation; and Westminster Academy (“Westminster”) for Fellsmere. None
of the applicants claims that it is eligible for a fair distribution preference. The group therefore proceeds
to a point hearing.
63.
Seminole and CCM each claim three points as an established local applicant. The other
applicants do not claim points under this criterion. Each applicant, with the exception of OAM and
Seminole, claims two points for diversity of ownership. CRFF and BMW do not support their respective
diversity claims. Accordingly, CRFF and BMW do not qualify for points under this criterion. CFEF 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.67 CFEF cannot receive points
under both criteria. With respect to technical parameters, OAM claims that its proposed 60 dBu contour
would encompass 554 square kilometers with a population of 1,792; CRFF, 514 square kilometers and
17,775 people; TAPB, 562 square kilometers and 16,010 people; Seminole, 494 square kilometers and
1,218 people; Calvary, 578 square kilometers and 14,149 people; BMW, 124 square kilometers and
11,589 people for La Belle, 333 square kilometers and 2,000 people for Palmdale, and 104 square
kilometers and 3,233 people for Moore Haven; CFEF, 1,390 square kilometers and 1,106 people; CCM,
1,952 square kilometers and 1,695 people; and Westminster, 2,886 square kilometers and 16,111 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, CCM is credited with a total of five points; Seminole receives three points;
TAPB, Calvary, CFEF, and Westminster are each credited with two points; and OAM, CRFF, and BMW
are not credited with any points.68 CCM is therefore the tentative selectee in Group 333.
64.
Group 334. This group consists of five applications proposing to serve four different
communities in Florida. Calvary Fellowship, Inc. (“Calvary”) and Cultural Renewal Radio, UA (“CRR”)
each propose to serve Tavernier. Templo Apostoles y Profetas Bethel (“TAPB”) would serve Islamorada;
Educational Public Radio, Inc. (“EPR”) proposes service to Plantation; and NC Friends Broadcasting, Inc.
(“NC Friends”) proposes to serve Key Largo. Each applicant certifies that it is not eligible for a fair
distribution preference. The group therefore proceeds to a point hearing.
65.
No applicant claims points as an established local applicant. Each applicant claims two
points for diversity of ownership. No applicant claims points as a statewide network. With respect to
technical parameters, TAPB claims that its proposed 60 dBu contour would encompass 324 square
kilometers with a population of 7,337; Calvary, 29 square kilometers and 7,586 people; EPR, 21 square
kilometers and 9 people; CRR, 48 square kilometers and 11,309 people; and NC Friends, 45 square
kilometers and 10,603 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, each applicant is credited with a total of two points, and
the entire group proceeds to a 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
67

See 47 C.F.R. § 73.7003(b)(3). Moreover, CFEF does not submit any information to support its claim that it
qualifies as a statewide network.
68

If the Commission had accepted either CRFF’s or BMW’s claim of two points for diversity of ownership, it would
not have changed the outcome of this MX group. Specifically, CCM’s credited total of five points still would have
exceeded CRFF’s and BMW’s claimed totals of two points each.

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prevails. EPR certifies that it has 21 attributable interests; NC Friends discloses 15 attributable interests;
CRR lists one attributable interest; TAPB and Calvary certify that they each have no attributable interest
in any radio authorization. EPR, NC Friends, and CRR are therefore eliminated. TAPB and Calvary
proceed to the second issue considered in a tie-breaker – the number of pending radio applications
attributable to each applicant. TAPB certifies that it has attributable interests in ten radio applications.
Calvary certifies that it has six pending applications. Calvary therefore prevails based on this second tiebreaker and is the tentative selectee in Group 334.
67.
Group 336. This group consists of six applications proposing service to five different
communities in Georgia. Tillandsia Radio Outreach, Inc. (“Tillandsia”) and Radio Training Network,
Inc. (“RTN”) each propose to serve Claxton. The other applicants are: Community Impact Foundation,
Inc. (“CIF”) for Metter; Indiana Community Radio Corporation (“ICRC”) for Rockingham; Mineral
Springs Public Radio, Inc. (“MSPR”) for Baxley; and Tightrope Broadcasting, Inc. (“Tightrope”) for
Nicholls. Tillandsia and RTN each claim and document eligibility for a fair distribution preference.69
ICRC also claims to be eligible for a preference, but it failed to identify the number of people who would
receive a first or second service. Accordingly, ICRC is eliminated. CIF, MSPR, and Tightrope each
certify that they are ineligible for a preference and are therefore also eliminated. Tillandsia and RTN, the
sole remaining applicants in this group, propose to serve the same community. Tillandsia and RTN
therefore must proceed to a point hearing.
68.
Neither applicant claims points as an established local applicant. Tillandsia and RTN
each claim two points for diversity of ownership. RTN bases its diversity claim on a pledge to divest FM
translator station W257BG, Statesboro, Georgia. RTN, however, provides insufficient documentation of
its diversity claim because it has not shown that it took timely steps to limit its ability to acquire other
stations in the same area. Similarly, Tillandsia fails to provide the necessary documentation to support its
diversity claim. Accordingly, neither applicant will receive points under this criterion. Neither applicant
claims points as a statewide network. With respect to technical parameters, Tillandsia’s proposed 60 dBu
contour would encompass 775 square kilometers with a population of 12,517. RTN’s proposed 60 dBu
contour would encompass 2,903 square kilometers with a population of 73,397. RTN is eligible for two
points under the best technical proposal criterion because it will serve at least 25 percent more area and
population than Tillandsia. Accordingly, RTN is credited with a total of two points, and Tillandsia is not
credited with any points. RTN is therefore the tentative selectee in Group 336.
69.
Group 337A.70 This group consists of four applications proposing service to three
different communities in Georgia. The applicants are: Victor Broadcasting, Inc. (“Victor”) for Leesburg;
Southwest Project for Community Education, Inc. (“SPCE”) for Sasser; and Darton College (“Darton”)
and Radio Training Network, Inc. (“RTN”), each for Albany. Each applicant states that it is not eligible
for a fair distribution preference. The group therefore proceeds to a point hearing.
70.
SPCE and Darton each claim three points as an established local applicant; Victor and
RTN do not. Each applicant, with the exception of Darton, claims two points for diversity of ownership.
Darton is the only applicant to claim points as a statewide network. With respect to technical parameters,
Victor claims that its proposed 60 dBu contour would encompass 937 square kilometers with a population
69

See Tillandsia and RTN Applications, Questions III(1), III(2), and associated exhibits. Tillandsia claims that it
would provide aggregated first and second NCE service to 8,291 of the 12,517 people encompassed within its 60
dBu contour; RTN to 25,277 of the 73,397 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

Group 337, which originally contained nine applications, was bifurcated as a result of the dismissal of one
application in the group and the subsequent amendment of another application. We consider Group 337A herein.
Group 337B, consisting of four applications, will be considered separately in this Order.

23

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of 22,111; SPCE, 1,531 square kilometers and 54,246 people; Darton, 1,678 square kilometers and
109,783 people; and RTN, 577 square kilometers and 82,058 people. No applicant is eligible for any
points under the best technical proposal criterion because Darton’s proposal to serve the largest area and
population does not exceed both SPCE’s next best area and population by at least 10 percent.
Accordingly, SPCE and Darton are credited with a total of five points each. Victor and RTN each receive
two points and are therefore eliminated. SPCE and Darton proceed to a tie-breaker.
71.
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. Darton certifies that it has seven attributable interests; SPCE certifies that it has no attributable
interest in any radio authorization. SPCE therefore prevails based on this first tie-breaker and is the
tentative selectee in Group 337A.
72.
Group 337B.71 This group is comprised of four applications proposing service to four
different communities in Georgia. The applicants are: Indiana Community Radio Corporation (“ICRC”)
for Cordele; Athens Christian Radio, Inc. (“ACR”) for Vienna; Mission Support Service (“MSS”) for
Hawkinsville; and Lighthouse Christian Fellowship (“Lighthouse”) for Pinehurst. ACR and MSS each
timely claim and document eligibility for a fair distribution preference.72 ICRC also certifies eligibility
for a preference, but it initially failed to identify the number of people who would receive first or second
NCE service. On December 30, 2009, ICRC submitted an amendment purporting to show that it should
receive a fair distribution preference based on combined first and second NCE service to 9,844 of the
41,505 people within its proposed contour. ICRC’s post-filing window amendment is a prohibited
attempt to enhance its comparative position and will not be considered.73 Accordingly, ICRC is
eliminated. Lighthouse certifies that it is ineligible for a preference, and accordingly, is also eliminated.
Neither of the remaining two applicants claims that it would provide any first service, but each claims a
second service preference. Specifically, ACR and MSS state that they would provide a new second NCE
service to 8,662 people and 8,329 people, respectively. Because proposals are comparable, ACR and
MSS proceed to a point hearing.
73.
Neither applicant claims points as an established local applicant. MSS claims two points
for diversity of ownership; ACR does not. MSS fails to support its diversity claim, and accordingly will
not receive points under this criterion. Neither applicant claims points as a statewide network. With
respect to technical parameters, ACR’s proposed 60 dBu contour would encompass 2,108 square
kilometers with a population of 27,089. MSS’s proposed 60 dBu contour would encompass 2,221 square
kilometers with a population of 27,369. Neither applicant qualifies for points under the best technical
proposal criterion because MSS’s proposal to reach the largest area and population does not exceed
ACR’s proposal by at least ten percent. Accordingly, neither ACR nor MSS receives any points, and the
applicants proceed to a tie-breaker.
74.
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. ACR and MSS certify that each has no attributable interest in any radio authorization.
71

See supra note 70.

72

See ACR and MSS Applications, Questions III(1), III(2), and associated exhibits. ACR claims that it would
provide aggregated first and second NCE service to 8,662 of the 27,089 people encompassed within its 60 dBu
contour; MSS claims to provide the same to 8,329 of the 27,369 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 supra note 35.

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Therefore, we proceed to the second issue considered in a tie-breaker – the number of pending radio
applications attributable to each applicant. Each applicant incorrectly certifies that it has zero pending
applications. MSS should have listed the instant application filed during the NCE window; ACR should
have listed the instant application and its nine other applications filed during the window.74 Accounting
for these errors, MSS therefore prevails based on this second tie-breaker and is the tentative selectee in
Group 337B.
75.
Group 338. This group consists of five applications proposing service to four different
communities in Georgia. Colquitt Community Radio, Inc. (“Colquitt”) and B. Jordan Communications
Corporation (“BJCC”) each propose to serve Moultrie. The remaining applicants are: God’s Final Call &
Warning, Inc. (“GFCW”) for Lakeland; Augusta Radio Fellowship Institute, Inc. (“Augusta”) for
Morven; and Calvary Chapel of Thomasville, Inc. (“CCT”) for Pavo. None of the applicants claims that
it is eligible for a fair distribution preference. Accordingly, the group proceeds to a point hearing.
76.
Colquitt and CCT claim three points each as established local applicants; GFCW,
Augusta, and BJCC do not claim points under this criterion. Each applicant claims two points for
diversity of ownership, with CCT’s claim based on a pledge to divest LPFM station WJGG-LP,
Thomasville, Georgia. GFCW and Augusta fail to provide the requisite support for their diversity claims.
Accordingly, we will only credit CCT, Colquitt, and BJCC with two points each for diversity of
ownership. No applicant claims points as a statewide network. With respect to technical parameters,
Colquitt claims that its proposed 60 dBu contour would encompass 1,244 square kilometers with a
population of 37,952; BJCC, 254 square kilometers and 2,271 people; GFCW, 608 square kilometers and
10,210 people; Augusta, 768 square kilometers and 9,138 people; and CCT, 1,880 square kilometers and
44,055 people. CCT qualifies for one point under the best technical proposal criterion because its
proposal serves at least 10 percent more area and population than Colquitt’s next best proposal.
Accordingly, CCT is credited with six points; Colquitt receives five points; BJCC is credited with two
points; and neither GFCW nor Augusta is credited with any points.75 CCT is therefore the tentative
selectee in Group 338.
77.
Group 340. This group is comprised of six applications proposing to serve three
different communities in Georgia. Community Public Radio, Inc. (“CPR”), Hope through Education, Inc.
(“Hope”), Templo Apostoles y Profetas Bethel (“TAPB”), and Edgewater Broadcasting, Inc.
(“Edgewater”) each propose to serve Commerce. Iglesia Jesucristo es mi Refugio de Austin, Inc. (“IJR”)
would serve Grove Level, and Common Ground Athens, Inc. (“CGA”) proposes to serve Nicholson.
Four applicants certify eligibility for a fair distribution preference.76 TAPB and IJR do not and are
therefore each eliminated. No remaining applicant claims that it would provide first service, but each
claims a second service preference. Specifically, CPR, Hope, CGA, and Edgewater state that they would
74

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 MSS or ACR knowingly misstated the number of pending
applications. We, however, caution both MSS and ACR 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 52.
75

If the Commission had accepted either GFCW’s or Augusta’s claim of two points for diversity of ownership, it
would not have changed the outcome of this MX group. Specifically, CCT’s credited total of six points still would
have exceeded GFCW’s and Augusta’s claimed totals of two points each.
76

See CPR, Hope, Edgewater and CGA Applications, Questions III(1), III(2), and associated exhibits. CPR claims
that it would provide aggregated first and second NCE service to 11,582 of the 18,327 people encompassed within
its 60 dBu contour; Hope to 10,328 of the 12,083 people; Edgewater to 13,518 of the 31,417 people; and CGA to
13,961 of the 23,762 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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provide a new second NCE service to 11,582 people, 10,328 people, 13,961 people, and 13,518 people,
respectively. Because none of the proposals exceeds the next best by at least 5,000 people, the four
applicants proceed to a point hearing.
78.
CGA is the only applicant to claim points as an established local applicant. CGA and
Edgewater each claim two points for diversity of ownership; CPR and Hope do not. Hope is the only
applicant to certify that it is entitled to points as a statewide network. With respect to technical
parameters, CPR claims that its proposed 60 dBu contour would encompass 409 square kilometers with a
population of 18,327; Hope, 253 square kilometers and 12,083 people; CGA, 549 square kilometers and
23,762 people; and Edgewater, 764 square kilometers and 31,417 people. Edgewater is entitled to two
points under the best technical proposal criterion because it proposes to serve at least 25 percent more
area and population than CGA’s next best proposal. Accordingly, CGA is credited with a total of five
points; Edgewater receives four points; Hope is credited with two points; and CPR is not credited with
any points. CGA is therefore the tentative selectee in Group 340.
79.
Group 341. This group consists of four applications proposing service to three different
communities in Hawaii. Calvary Chapel Kauai (“CCK”) and Wren Communications, Inc. (“Wren”) each
propose to serve Lihue. Hoosier Broadcasting Corporation (“Hoosier”) would serve Kapaka, and Hawaii
Public Radio, Inc. (“HPR”) proposes service to Koloa. Hoosier is the only applicant to certify that it is
eligible for a fair distribution preference. Hoosier, however, fails to identify the number of people that
would receive a new first or second NCE service.77 Accordingly, Hoosier does not qualify for a fair
distribution preference, and the group proceeds to a point hearing.
80.
CCK is the only applicant to claim points as an established local applicant. Each
applicant claims two points for diversity of ownership. HPR, however, fails to submit documentation to
support its diversity claim and accordingly does not qualify for points under this criterion. No applicant
claims points as a statewide network. With respect to technical parameters, Hoosier claims that its
proposed 60 dBu contour would encompass 2,205 square kilometers with a population of 47,280; HPR,
7,464 square kilometers and 52,001 people; CCK, 943 square kilometers and 55,939 people; and Wren,
855 square kilometers and 30,694 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 more than the next best applicant. Accordingly, CCK is credited with five points; Hoosier and
Wren each receive two points; and HPR is not credited with any points.78 CCK is therefore the tentative
selectee in Group 341.
81.
Group 342. This group is comprised of six applications proposing service to five
different communities in Hawaii. Calvary Chapel Kona, Inc. (“CC Kona”) and Aina’E Co., Ltd. (“Aina”)
would each serve Kailua Kona. The other applicants are: Linda Jerome Foundation (“LJF”) for Kailua;
Hoosier Broadcasting Corporation (“Hoosier”) for Laniakea; Haola Inc. (“Haola”) for Waimea; and Kona
Info FM Inc. (“Kona”) for Captain Cook. CC Kona, Haola, Aina, and Kona each claim and document
eligibility for a fair distribution preference.79 LJF and Hoosier also certify eligibility for a preference, but
77

Hoosier submits a map but no numbers to verify its claim.

78

If the Commission had accepted HPR’s claim of two points for diversity of ownership, it would not have changed
the outcome of this MX group. Specifically, CCK’s credited total of five points still would have exceeded HPR’s
claimed total of two points.
79

See CC Kona, Haola, Aina, and Kona Applications, Questions III(1), III(2), and associated exhibits. CC Kona
claims that it would provide aggregated first and second NCE service to all 61,113 of the 61,113 people
encompassed within its 60 dBu contour; Haola to all 14,061 of the 14,061 people; Aina to 46,040 of the 46,049
people; and Kona to all 34,364 of the 34,364 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.

26

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each fails to identify the number of people who would receive first or second NCE service.80 LJF and
Hoosier are therefore each eliminated. The remaining four applicants each claim a first service
preference. Specifically, CC Kona claims that it would provide a first NCE service to 55,075 people;
Haola to 14,061 people; Aina to 37,210 people; and Kona to 34,364. Haola and Kona are each eliminated
because CC Kona’s application to serve the different community of Kailua Kona would serve over 5,000
more people than each application. Aina cannot be eliminated under the fair distribution criterion because
it proposes to serve the same community as CC Kona’s best proposal. Aina and CC Kona therefore
proceed to a point hearing to determine which will serve the community of Kailua Kona.
82.
CC Kona claims points as an established local applicant; Aina does not. CC Kona,
however, fails to submit documentation to support its claim and accordingly will not receive points under
this criterion. Each applicant claims two points for diversity of ownership. CC Kona, however, does not
support its claim with a timely resolution of its board of directors requiring diversity to be maintained.
Accordingly, CC Kona does not qualify for diversity points. Neither applicant claims points as a
statewide network. With respect to technical parameters, CC Kona’s proposed 60 dBu contour would
encompass 2,404 square kilometers with a population of 61,113. Aina’s proposed 60 dBu contour would
encompass 1,940 square kilometers with a population of 46,049. CC Kona is eligible for one point under
the best technical proposal criterion because it will serve at least 10 percent more area and population
than Aina. Accordingly, Aina is credited with a total of two points, and CC Kona is credited with one
point. Aina is therefore the tentative selectee in Group 342.
83.
Group 344. This group consists of five applications proposing service to four different
communities in Iowa and Illinois. The University of Iowa (“UI”) and Fort Madison Seventh-Day
Adventist Church (“FMSDA”) would each serve Keokuk, Iowa. Cornerstone Community Radio, Inc.
(“Cornerstone”) proposes service to Burlington, Iowa. The Illinois applicants are Believer’s Broadcasting
Corporation (“BBC”) for Nauvoo and Bloomington Normal Broadcasting Corporation (“BNBC”) for
Hamilton. Each applicant claims eligibility for a fair distribution preference81 based solely on combined
first and second NCE service. UI would provide combined first and second NCE service to 19,387
people; FMSDA to 4,436 people; Cornerstone to 21,272 people; BBC to 10,222 people; and BNBC to
25,328 people. The FMSDA proposal is eliminated because it would provide service to at least 5,000
fewer people than BBC’s next best proposal for a different community. Likewise, the BBC proposal is
also eliminated because it would serve at least 5,000 few people than UI’s next best proposal for a
different community. The proposals of UI, Cornerstone, and BNBC are comparable and therefore must
proceed to a point hearing.
84.
UI is the only applicant to claim points as an established local applicant. Cornerstone and
BNBC each claim two points for diversity of ownership. UI does not claim points under this criterion.
No applicant claims points as a statewide network. With respect to technical parameters, UI’s proposed
60 dBu contour would encompass 4,486 square kilometers with a population of 71,284. Cornerstone’s
proposed 60 dBu contour would encompass 922 square kilometers with a population of 37,909. BNBC’s
proposed 60 dBu contour would encompass 5,998 square kilometers with a population of 79,153. BNBC
is eligible for one point under the best technical proposal criterion because it will serve at least 10 percent
more area and population than UI’s next best proposal. Accordingly, UI and BNBC are each credited
80

Each submits a map but no numbers to verify its claim.

81

See Cornerstone, UI, FMSDA, BBC, and BNBC Applications, Questions III(1), III(2), and associated exhibits.
Cornerstone claims that it would provide aggregated first and second NCE service to 21,272 of the 37,909 people
encompassed within its 60 dBu contour; UI to 19,387 of the 71,284 people; FMSDA to 4,436 of the 31,096 people;
BBC to 10,222 of the 59,584 people; and BNBC to 25,328 of the 79,153 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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with a total of three points; Cornerstone is credited with two points. Cornerstone is eliminated, and UI
and BNBC proceed to a tie-breaker.
85.
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. UI certifies that it has 30 attributable interests; BNBC certifies that it has one attributable
interest in a radio authorization. BNBC therefore prevails based on this first tie-breaker and is the
tentative selectee in Group 344.
86.
Group 346. The two applications in this group propose service to different communities
in Idaho. Nassuna Broadcasting, Inc. (“Nassuna”) would serve New Meadows, and Idaho Conference of
Seventh-Day Adventists, Inc. (“ICSDA”) proposes to serve McCall. Neither applicant claims eligibility
for a fair distribution preference. ICSDA, but not Nassuna, claims three points as an established local
applicant. Nassuna claims two points for diversity of ownership; ICSDA does not. Neither applicant
claims points as a statewide network. With respect to technical parameters, Nassuna’s proposed 60 dBu
contour would encompass 1,832 square kilometers with a population of 4,287. ICSDA’s proposed 60
dBu contour would encompass 4,504 square kilometers with a population of 8,470. ICSDA qualifies for
two points under the best technical proposal criterion because its proposal serves at least 25 percent more
area and population than Nassuna’s proposal. Accordingly, ICSDA is credited with a total of five points,
and Nassuna receives two points. ICSDA is therefore the tentative selectee in Group 346.
87.
Group 347. This group consists of four applications proposing service to two different
communities in Illinois. H.O.P.E. Broadcasting Corporation (“H.O.P.E.”) and Cornerstone Community
Radio, Inc. (“Cornerstone”) would each serve Macomb. Believer’s Broadcasting Corporation (“BBC”)
and 2820 Communications Incorporated (“2820 Comm.”) each propose to serve Table Grove. Each
applicant certifies that it is eligible for a fair distribution preference.82 BBC, Cornerstone, and 2820
Comm. each certify that they are entitled to a first service preference. H.O.P.E. does not and is therefore
eliminated. BBC would provide a first NCE service to 5,007 people; Cornerstone to 5,181 people; and
2820 Comm. to 4,934 people. Because the first service proposals are comparable, we consider BBC’s,
Cornerstone’s, and 2820 Comm.’s proposals to provide combined first and second NCE service to 25,824
people, 24,507 people, and 4,934 people, respectively. 2820 Comm.’s proposal is eliminated because
Cornerstone’s next best proposal for a different community would provide combined service to at least
5,000 more people. The proposals of BBC and Cornerstone are comparable because BBC’s proposal
does not exceed Cornerstone’s by at least 5,000 people. Both therefore proceed to a point hearing.
88.
Neither applicant claims points as an established local applicant. BBC and Cornerstone
each claim two points for diversity of ownership. Although BBC submits a map showing no overlap
between its proposed station and other authorizations, BBC 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 BBC under this criterion. Neither applicant claims points as a statewide network. With
respect to technical parameters, BBC’s proposed 60 dBu contour would encompass 3,001 square
kilometers with a population of 46,411. Cornerstone’s proposed 60 dBu contour would encompass 2,885
square kilometers with a population of 45,013. Neither applicant is eligible for any points under the best
technical proposal criterion because neither proposes to serve at least 10 percent more area and population

82

See H.O.P.E., Cornerstone, BBC, and 2820 Comm. Applications, Questions III(1), III(2), and associated exhibits.
H.O.P.E. claims that it would provide aggregated first and second NCE service to 6,131 of the 26,637 people
encompassed within its 60 dBu contour; Cornerstone to 24,507 of the 45,013 people; BBC to 25,824 of the 46,411
people; and 2820 Comm. to 4,934 of the 18,557 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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than the other. Accordingly, Cornerstone is credited with a total of two points, and BBC receives no
points. Cornerstone is the tentative selectee in Group 347.
89.
Group 350. The five applications in this group propose to serve two different
communities in Indiana. The following four applicants would each serve Noblesville: Hometown Radio
Corporation (“Hometown”), Horizon Christian Fellowship of Indianapolis, Inc. (“HCFI”), Community
Radio for Hoosiers, Inc. (“CRH”), and Inter Mirifica, Inc. (“Mirifica”). The President and Trustees of
Miami University (“Miami Trustees”) proposes to serve Fortville. Each applicant states that it is not
eligible for a fair distribution preference. Therefore, the entire group proceeds to a point hearing.
90.
HCFI and Mirifica each claim points as an established local applicant. The other three
applicants do not. HCFI, Miami Trustees, and Mirifica claim two points each for diversity of ownership;
Hometown and CRH do not. Although Miami Trustees’ application reflects that it currently has no
overlapping authorizations, it provides no information from which the Commission or other parties could
verify that Miami Trustees timely modified its governing documents to maintain diversity in the future.83
We therefore will not credit Miami Trustees with points under this criterion. None of the applicants claim
points as statewide networks. With respect to technical parameters, Hometown claims that its proposed
60 dBu contour would encompass 120 square kilometers with a population of 32,819; HCFI, 296 square
kilometers and 68,765 people; Miami Trustees, 292 square kilometers and 55,688 people; CRH, 155
square kilometers and 42 people; and Mirifica, 307 square kilometers and 70,050 people. No applicant is
eligible for any points under the best technical proposal criterion because Mirifica’s proposal to serve the
largest area and population does not exceed HCFI’s next best proposal by at least 10 percent.
Accordingly, HCFI and Mirifica are credited with a total of five points each. Hometown, Miami
Trustees, and CRH are not credited with any points, and are therefore each eliminated.84 HCFI and
Mirifica proceed to a tie-breaker.
91.
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. HCFI certifies that it has two attributable interests; Mirifica certifies that it has no attributable
interest in any radio authorization. Mirifica therefore prevails based on this first tie-breaker and is the
tentative selectee in Group 350.
92.
Group 351. This group consists of 10 applications proposing service to four different
communities in Indiana. Five applicants propose service to Shelbyville: Community Impact Foundation,
Inc. (“CIF”), Indiana Educational Broadcast Corporation (“IEBC”), The President and Trustees of Miami
University (“Miami Trustees”), Family Worship Center Church, Inc. (“FWCC”), and Friends of Radio
Maria, Inc. (“FRM”). The following three applicants would each serve New Castle: IEBC, FRM, and
Hoosier Public Radio Corporation (“Hoosier”). Hoosier also filed an application to serve Dunreith.
Finally, Horizon Christian Fellowship of Indianapolis, Inc. (“HCFI”) proposes to serve Morristown.

83

The Commission has recognized that entities governed by statute, which may include some state universities, may
not be able to amend governing documents without legislative action and, therefore, permitted such entities to make
alternative showings of how they would maintain diversity. NCE MO&O, 16 FCC Rcd at 5095. Miami Trustees
neither identifies alternative measures taken to maintain diversity nor demonstrates that it would qualify to make the
alternative showing.
84

If the Commission had accepted Miami Trustees’ claim of two points for diversity of ownership, it would not
have changed the outcome of this MX group. Specifically, Mirifica’s credited total of five points still would have
exceeded Miami Trustees’ claimed total of two points.

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93.
Seven applications claim and document eligibility for a fair distribution preference.85
Hoosier-New Castle also claims to be eligible for a preference, but it failed to identify the number of
people who would receive a first or second service. Accordingly, Hoosier-New Castle is eliminated.
Hoosier-Dunreith and CIF certify that they each are ineligible for a preference and are therefore also
eliminated. In each of the seven remaining applications, the applicant certifies that it is entitled to a first
service preference. Specifically, HCFI claims that it would provide a first NCE service to 31,059 people;
IEBC to 29,327 people with its Shelbyville proposal, and to 5,426 people for New Castle; Miami Trustees
to 28,184 people; FWCC to 23,520 people; and FRM to 27,921 people for Shelbyville, and to 3,463
people for New Castle. IEBC-New Castle and FRM-New Castle are each eliminated because FWCC’s
next best proposal for a different community will serve at least 5,000 more people. Because the first
service proposals of HCFI, IEBC-Shelbyville, Miami Trustees, FWCC, and FRM-Shelbyville are
comparable, we therefore consider the applicants’ combined first and second NCE service population
totals of 33,378 people, 30,587 people, 28,978 people, 23,520 people, and 29,398 people, respectively.
FWCC is eliminated because the next HCFI’s best proposal for a different community will serve at least
5,000 more people. The remaining proposals of HCFI, IEBC-Shelbyville, Miami Trustees, and FRMShelbyville are comparable and therefore proceed to a point hearing.
94.
HCFI and IEBC each claim three points as an established local applicant. Miami
Trustees and FRM do not. Each applicant claims two points for diversity of ownership. However, IEBC,
Miami Trustees, and FRM each fail to adequately support their diversity claims. Accordingly, we award
two points to HCFI but will not award points to IEBC, Miami Trustees, or FRM under this criterion.
None of the applicants claims points as a statewide network. With respect to technical parameters, HCFI
claims that its proposed 60 dBu contour would encompass 994 square kilometers with a population of
38,181; IEBC, 676 square kilometers and 30,938 people; Miami Trustees, 519 square kilometers and
29,158 people; and FRM, 571 square kilometers and 29,685 people. HCFI is eligible for two points under
the best technical proposal criterion because it proposes to serve at least 25 percent more area and
population than IEBC’s next best proposal. Accordingly, HCFI is credited with a total of seven points;
IEBC receives three points; and Miami Trustees and FRM are each not credited with any points.86 HCFI
is therefore the tentative selectee in Group 351.
95.
Group 353. This group is comprised of seven applications proposing service to five
different communities in Ohio and Indiana. Spryex Communications, Inc. (“Spryex”) proposes to serve
Reily, Ohio. The other six applicants propose service to communities in Indiana. Specifically,
Connersville Apostolic Lighthouse Incorporated (“CAL”) and Gabriel Broadcasting Corporation
(“Gabriel”) would each serve Connersville. The Cedarville University (“CU”) and Friends of Radio
Maria, Inc. (“FRM”) each propose to serve Richmond. Summit Seekers, Inc. (“SSI”) and Knights of
Columbus Home Association of Anderson (“Knights”) propose to serve Laurel and Chesterfield,
respectively. Gabriel, CU, SSI, Knights, and Spryex each claim and document eligibility for a fair

85

See HCFI, IEBC, Miami Trustees, FWCC, and FRM Applications, Questions III(1), III(2), and associated
exhibits. HCFI claims that it would provide aggregated first and second NCE service to 33,378 of the 38,181 people
encompassed within its 60 dBu contour; IEBC to 30,587 of the 30,938 people for Shelbyville, and to 33,181 of the
38,349 people for New Castle; Miami Trustees to 28,978 of the 29,158 people; FWCC to all 23,520 of the 23,520
people; and FRM to 29,398 of the 29,685 people for Shelbyville, and to 30,653 of the 31,703 people for New Castle.
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.
86

If the Commission had accepted IEBC’s, Miami Trustees’, and/or FRM’s claims of two points for diversity of
ownership, it would not have changed the outcome of this MX group. Specifically, HCFI’s credited total of seven
points still would have exceeded IEBC’s claimed total of five points and Miami Trustees’ and FRM’s claimed totals
of two points each.

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distribution preference.87 CAL also claims to be eligible for a preference, but it fails to identify the
number of people who would receive a first or second service. CAL’s application is therefore eliminated.
FRM certifies that it is ineligible for a preference and, accordingly, is also eliminated. SSI and Knights
each claim eligibility for a first NCE service preference. Gabriel, CU, and Spryex do not and are
therefore each eliminated. SSI and Knights claim to provide first NCE service to 2,386 people and 3,160
people, respectively. Because Knights’ proposal does not exceed SSI’s by at least 5,000 people, we
consider the applicants’ proposals to provide combined first and second NCE service to 9,921 people and
5,909 people, respectively. Neither applicant will serve at least 5,000 more people than the other, and
accordingly, SSI and Knights proceed to a point hearing.
96.
SSI and Knights each claim three points as an established local applicant and two points
for diversity of ownership. Neither applicant claims points as a statewide network. With respect to
technical parameters, SSI’s proposed 60 dBu contour would encompass 430 square kilometers with a
population of 10,558. Knights’s proposed 60 dBu contour would encompass 64 square kilometers with a
population of 6,603. SSI qualifies for two points under the best technical proposal criterion because its
proposal serves at least 25 percent more area and population than Knights. Accordingly, SSI is credited
with a total of seven points, and Knights is credited with five points. SSI is therefore the tentative
selectee in Group 353.
97.
Group 354. This group is comprised of five applications proposing service to three
different communities in Indiana. Bridgebuilders International Leadership Network (“BILN”) and
Friends of Radio Maria, Inc. (“FRM”) would each serve Lafayette. Nassuna Broadcasting, Inc.
(“Nassuna”) and Harvest Chapel, Inc. (“HCI”) each propose service to Otterbein. Community Public
Radio, Inc. (“CPR”) proposes to serve West Lafayette. CPR, Nassuna, and HCI each certify that they are
eligible for a fair distribution preference.88 BILN and FRM do not, and are therefore each eliminated.
Nassuna, the only applicant to claim a first service preference, certifies that it would provide a first NCE
service to 5,372 people. CPR is eliminated because Nassuna’s application to serve a different community
is entitled to a first service preference. HCI cannot be eliminated under the fair distribution criterion
because it proposes to serve the same community as Nassuna. Nassuna and HCI therefore proceed to a
point hearing to determine which will serve the community of Otterbein.
98.
HCI claims three points as an established local applicant; Nassuna does not. Each
applicant claims two points for diversity of ownership with HCI’s claim based on a pledge to divest
LPFM station WTGO-LP, Lafayette, Indiana. Neither applicant claims points as a statewide network.
With respect to technical parameters, Nassuna’s proposed 60 dBu contour would encompass 1,254 square
kilometers with a population of 12,205. HCI’s proposed 60 dBu contour would encompass 1,562 square
kilometers with a population of 147,214. HCI is eligible for one point under the best technical proposal
criterion because it will serve at least 10 percent more area and population than Nassuna. Accordingly,
HCI is credited with a total of six points, and Nassuna is credited with two points. HCI is therefore the
tentative selectee in Group 354.
87

See Gabriel, CU, SSI, Knights, and Spryex Applications, Questions III(1), III(2), and associated exhibits. Gabriel
claims that it would provide aggregated first and second NCE service to 28,791 of the 48,895 people encompassed
within its 60 dBu contour; CU to 29,904 of the 79,770 people; SSI to 9,921 of the 10,588 people; Knights to 5,909
of the 6,603 people; and Spryex to 10,879 of the 43,806 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.
88

See CPR, Nassuna, and HCI Applications, Questions III(1), III(2), and associated exhibits. CPR claims that it
would provide aggregated first and second NCE service to 12,756 of the 79,222 people encompassed within its 60
dBu contour; Nassuna to 5,372 of the 12,205 people; and HCI to 20,937 of the 147,214 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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99.
Group 359. This group consists of 10 applications proposing service to seven different
communities in Louisiana and Mississippi. Three applicants propose service to Houma, Louisiana:
Amor Viviente, Inc. (“AVI”), Port Allen Educational Broadcasting Foundation (“PAEBF”), and
Covenant Network (“Covenant”). Crisis Pregnancy Help Center of Slidell (“CPHC”) and Educational
Media Foundation (“EMF”) would each serve Abita Springs, Louisiana. The other Louisiana applicants
are: Providence Educational Foundation, Inc. (“PEF”) for Bogalusa; United Houma Nation, Inc.
(“UHN”) for Chauvin; Friends of Radio Maria, Inc. (“FRM”) for Thiboeaux; and Public Urban Digital
Broadcasting (“PUDB”) for Lacombe. New Horizon Christian Fellowship (“New Horizon”) proposes to
serve Pearlington, Mississippi.89
100. Each applicant certifies that it is eligible for a fair distribution preference90 and entitled to
a first service preference. Specifically, AVI certifies that it would provide a first NCE service to 61,731
people; PEF to 21,623 people; UHN to 66,877 people; CPHC to 43,546 people; PAEBF to 42,727 people;
EMF to 50,918 people within the newly-added area; Covenant to 64,624 people; FRM to 5,356 people;
PUDB to 26,923 people; and New Horizon to 26,048 people. PEF, CPHC, PAEBF, EMF, FRM, PUDB,
and New Horizon are each eliminated because proposals for different communities will serve at least
5,000 more people than each of their proposals. The first service proposals of AVI, UHN, and Covenant
are comparable. Accordingly, we consider the applicants’ combined first and second NCE service
population totals of 85,088 people, 92,783 people, and 95,241 people, respectively. AVI is eliminated
because UHN’s proposal for a different community would provide combined service to at least 5,000
more people. The comparable proposals of UHN and Covenant proceed to a point hearing.
101.
UHN claims points as an established local applicant; Covenant does not. UHN, however,
fails to submit documentation to support its localism claim and therefore will not receive points under this
criterion. UHN and Covenant each claim two points for diversity of ownership. UHN fails to support its
diversity claim, and accordingly, will not be awarded points under this criterion. Neither applicant claims
points as a statewide network. With respect to technical parameters, UHN’s proposed 60 dBu contour
would encompass 984 square kilometers with a population of 96,302. Covenant’s proposed 60 dBu
contour would encompass 1,044 square kilometers with a population of 104,633. Neither applicant is
eligible for any points under the best technical proposal criterion because neither proposes to serve at least
10 percent more area and population than the other. Accordingly, Covenant is credited with a total of two
points, and UHN receives no points. Covenant is the tentative selectee in Group 359.
102.
Group 360. The five applications in this group propose service to five different
communities in Louisiana. Pensacola Christian College, Inc. (“PCC”) filed two applications, one to serve
Lacombe and the other for Central. The other applicants are: Crisis Pregnancy Help Center of Slidell
(“CPHC”) for Slidell; Educational Media Foundation (“EMF”) for Madisonville; and New Horizon
Christian Fellowship (“New Horizon”) for Abita Springs.91 CPHC, EMF, PCC-Central, and New
89

EMF proposes a major change to the construction permit for its NCE FM Station KJKT(FM). Each of the other
applicants in the group proposes a new station.
90

See AVI, PEF, UHN, CPHC, PAEBF, EMF, Covenant, FRM, PUDB, and New Horizon Applications, Questions
III(1), III(2), and associated exhibits. AVI claims that it would provide aggregated first and second NCE service to
85,088 of the 97,130 people encompassed within its 60 dBu contour; PEF to 21,678 of the 23,934 people; UHN to
92,783 of the 96,302 people; CPHC to 68,827 of the 183,980 people; PAEBF to 73,058 of the 105,172 people; EMF
to 50,918 of the 99,292 people within the newly-added area; Covenant to 95,241 of the 104,633 people; FRM to
12,946 of the 39,031 people; PUDB to 55,393 of the 238,722 people; and New Horizon to 54,675 of the 239,170
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.
91

EMF proposes a major change to the construction permit for its NCE FM Station KRLH(FM). Each of the other
applicants in the group proposes a new station.

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Horizon each claim eligibility for a fair distribution preference.92 PCC-Lacombe does not, and that
application is therefore eliminated. Each of the remaining applicants, with the exception of PCC-Central,
claims eligibility for a preference based on new first NCE service. The PCC-Central proposal is therefore
eliminated. CPHC claims that it would provide a new first service to 29,364 people; EMF to 23,350
people within the newly-added area; and New Horizon to 27,436 people. These claims are comparable.
Accordingly, we examine aggregated new first and second NCE service. CPHC would provide
aggregated first and second service to 55,852 people; EMF to 49,000 people; and New Horizon to 58,325
people. EMF is eliminated because CPHC’s next highest proposal for a different community will serve at
least 5,000 more people. The claims of CPHC and New Horizon, however, are comparable because New
Horizon’s proposal would not serve at least 5,000 more people than would CPHC’s proposal. These
proposals therefore must proceed to a point hearing.
103.
CPHC and New Horizon each claim points as an established local applicant. Each
applicant also claims two points for diversity of ownership, with CPHC’s claim based on a pledge to
divest LPFM station WGON-LP, Slidell, Louisiana. Neither applicant claims points as a statewide
network. With respect to technical parameters, CPHC’s proposed 60 dBu contour would encompass
2,677 square kilometers with a population of 206,946. New Horizon’s proposed 60 dBu contour would
encompass 2,882 square kilometers with a population of 201,715. 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, CPHC and New Horizon are credited with a total of five
points each and proceed to a tie-breaker.
104.
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. CPHC and New Horizon each certify that they have no attributable interests in any radio
authorizations. We therefore proceed to the second issue considered in a tie-breaker – the number of
pending radio applications attributable to each applicant. CPHC certifies that it has attributable interests
in two radio applications. New Horizon certifies that it has three pending applications. CPHC therefore
prevails based on this second tie-breaker and is the tentative selectee in Group 360.
105. Group 362. This group consists of seven applications proposing service to six different
communities in Arkansas, Louisiana, and Mississippi. Lighthouse Christian Fellowship (“Lighthouse”)
would serve North Crossett, Arkansas, and Network of Glory, LLC (“NofG”) proposes to serve
Vicksburg, Mississippi. Glory2Glory Educational Foundation, Inc. (“G2G”) and Mahoganey Community
Development, Inc. (“Mahoganey”) each propose to serve Bastrop, Louisiana. The remaining applicants,
each proposing service in Louisiana, are: Iglesia Cristiana Ebenezer (“Ebenezer”) for Epps; Enterprise
Corporation of the Delta (“Enterprise”) for Mound; and Black Media Works, Inc. (“BMW”) for Tallulah.
G2G and NofG each claim that they are eligible for a fair distribution preference.93 The other five
applicants do not, and accordingly, Lighthouse, Ebenezer, Enterprise, BMW, and Mahoganey are each

92

See CPHC, EMF, PCC-Central, and New Horizon Applications, Questions III(1), III(2), and associated exhibits.
CPHC claims that it would provide aggregated first and second NCE service to 55,852 of the 206,946 people
encompassed within its 60 dBu contour; EMF to 49,000 of the 102,799 people within the newly added area; PCCCentral to 7,360 of the 32,809 people; and New Horizon to 58,325 of the 201,715 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.
93

See G2G and NofG Applications, Questions III(1), III(2), and associated exhibits. G2G’s 60 dBu contour
encompasses 62,496 people, and its claimed aggregated first and second NCE service is 17,691 people. NofG’s 60
dBu contour encompasses 48,418 people, and its claimed aggregated first and second NCE service is 14,338 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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eliminated. G2G and NofG respectively propose first NCE service to comparable populations of 7,850
people and 11,883 people, and aggregated first and second service to 17,691 people and 14,338 people,
which are also comparable. Accordingly, G2G and NofG must proceed to a point hearing.
106.
Neither G2G nor NofG claims points as an established local applicant. Each applicant
claims two points for diversity of ownership, and neither claims points as a statewide network. With
respect to technical parameters, G2G’s proposed 60 dBu contour would encompass 4,374 square
kilometers with a population of 62,496 people. NofG’s proposed 60 dBu contour would encompass 2,131
square kilometers with a population of 48,418 people. G2G is eligible for two points under the best
technical proposal criterion because it proposes to serve at least 25 percent more area and population than
NofG. Accordingly, G2G is credited with a total of four points, and NofG is credited with two points.
G2G is the tentative selectee in Group 362.
107. Group 365. This group consists of five applications proposing service to four different
communities in Massachusetts. Horizon Christian Fellowship (“Horizon”) and Three Pyramids, Inc.
(“Pyramids”) each propose to serve Leominster. The other applicants are: Christian Educational
Association (“CEA”) for Lunenburg; Centro de Intercesion y Adoracion Internacional, Inc. (“CIAI”) for
Whalom; and Prayers for Life, Inc. (“PFL”) for Shirley. CEA, Horizon, and PFL each certify that they
are eligible for a fair distribution preference.94 CIAI and Pyramids do not and are therefore each
eliminated. Because none of the remaining applicants claim a first service preference, we consider
CEA’s, Horizon’s, and PFL’s proposals to provide aggregated first and second NCE service to 41,465
people, 51,220 people, and 47,376 people, respectively. CEA is eliminated because PFL’s proposal for a
different community would provide new NCE service to at least 5,000 more people. The Horizon and
PFL proposals are comparable and therefore proceed to a point hearing.
108. Each applicant certifies that it is entitled to three points as an established local applicant
and two points for diversity of ownership. Neither claims points as a statewide network. With respect to
technical parameters, Horizon’s proposed 60 dBu contour would encompass 236 square kilometers with a
population of 88,355. PFL’s proposed 60 dBu contour would encompass 291 square kilometers with a
population of 99,025. PFL is entitled to one point under the best technical proposal criterion because it
proposes to serve at least 10 percent more area and population than Horizon. Accordingly, PFL is
credited with a total of six points, and Horizon is credited with five points. PFL is therefore the tentative
selectee in Group 365.
109.
Group 371. This group is comprised of eight applications proposing service to seven
different communities in Minnesota, Iowa, and Wisconsin. Southern Minnesota Catholic Radio
(“SMCR”) and Rochester Community and Technical College (“RCTC”) each propose service to
Stewartville, Minnesota. The other applicants proposing service in Minnesota are: VCY America, Inc.
(“VCY”) for Meriden; Crossfire Incorporated (“Crossfire”) for Eitzen; Pensacola Christian College, Inc.
(“PCC”) for Byron; and We Have this Hope Christian Radio, Inc. (“Hope Radio”) for Dodge Center.
Decorah Lutheran Church (“Decorah”) would serve Waukon, Iowa, and Calvary Iowa City (“CIC”)
proposes to serve Genoa, Wisconsin. Each applicant, with the exception of CIC, claims that it is eligible
for a fair distribution preference.95 CIC is therefore eliminated. SMCR and RCTC each certify eligibility
94

See CEA, Horizon, and PFL Applications, Questions III(1), III(2), and associated exhibits. CEA claims that it
would provide aggregated first and second NCE service to 41,465 of the 62,000 people encompassed within its 60
dBu contour; Horizon to 51,220 of the 88,355 people; and PFL to 47,376 of the 99,025 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.
95

See Decorah, VCY, Crossfire, PCC, SMCR, RCTC, and Hope Radio Applications, Questions III(1), III(2), and
associated exhibits. Decorah claims that it would provide aggregated first and second NCE service to 7,887 of the
8,898 people encompassed within its 60 dBu contour; VCY to 10,451 of the 11,453 people; Crossfire to 12,388 of

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for first NCE service preference.96 The other applicants do not, and accordingly, Decorah, VCY,
Crossfire, PCC, and Hope Radio are each eliminated. SMCR and RCTC, the sole remaining applicants in
this group, propose to serve the same community. Accordingly, the fair distribution analysis ends, and
SMCR and RCTC must proceed to a point hearing to determine which applicant will serve the
community of Stewartville.
110.
RCTC certifies that it is entitled to three points as an established local applicant; SMCR
does not. Each applicant claims points for diversity of ownership, with RCTC availing itself of alternate
procedures that the Commission established for certain applicants which would otherwise require
legislative action to amend their governing documents to maintain diversity.97 Neither applicant claims
points as a statewide network. With respect to technical parameters, SMCR’s proposed 60 dBu contour
would encompass 6,097 square kilometers with a population of 81,103. RCTC’s proposed 60 dBu
contour would encompass 3,875 square kilometers with a population of 36,717. SMCR is entitled to two
points under the best technical proposal criterion because it proposes to serve at least 25 percent more
area and population than RCTC. Accordingly, RCTC is credited with a total of five points, and SMCR is
credited with four points. RCTC is the tentative selectee in Group 371.
111.
Group 374. This group consists of five applications proposing service to four different
communities in Minnesota and Wisconsin. Minnesota Public Radio (“MPR”) and De Mujer a Mujer
International (“DMMI”) each propose to serve Hinkley, Minnesota. Refuge Media Group (“RMG”) and
Immanuel Baptist Church (“IBC”) would serve Robbinsdale and Pine City, Minnesota, respectively.
State of Wisconsin – Educational Communications Board (“WEC”) proposes service to Webster,
Wisconsin. MPR, IBC, and WEC each certify that they are eligible for a fair distribution preference.98
RMG and DMMI certify ineligibility for a preference and are therefore each eliminated. MPR, IBC, and
WEC claim to provide first NCE service to 38,734 people, 38,671 people, and 25,207 people,
respectively. WEC is eliminated because IBC’s next best proposal for a different community will serve at
least 5,000 more people. The first service proposals of MPR and IBC, however, are comparable, and we
therefore consider the applicants’ aggregated first and second NCE service to 44,229 people and 44,677
people, respectively. Because these proposals are also comparable, MPR and IBC proceed to a point
hearing.
112.
Neither applicant claims points as an established local applicant. IBC claims two points
for diversity of ownership; MPR does not. IBC, however, fails to submit any documentation to support
its diversity claim and will therefore not receive points under this criterion. Neither applicant claims
points as a statewide network. With respect to technical parameters, MPR’s proposed 60 dBu contour
would encompass 4,678 square kilometers with a population of 46,571. IBC states that its proposed 60
dBu contour would encompass 4,752 square kilometers with a population of 47,709. Neither applicant is
eligible for any points under the best technical proposal criterion because IBC, the applicant with the
the 17,667 people; PCC to all 24,677 of the 24,677 people; SMCR to 30,964 of the 81,103 people; RCTC to 23,495
of the 36,717 people; and Hope Radio to 6,319 of the 11,655 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

SMCR claims to provide first NCE service to 8,296 people; RCTC to 8,349 people.

97

See supra note 16.

98

See MPR, IBC, and WEC Applications, Questions III(1), III(2), and associated exhibits. MPR claims that it
would provide aggregated first and second NCE service to 44,229 of the 46,571 people encompassed within its 60
dBu contour; IBC to 44,677 of the 47,709 people; and WEC to 35,055 of the 35,353 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 propose to serve at least 10 percent more area and population than
MPR. Accordingly, MPR and IBC are each not credited with any points and proceed to a tie-breaker
analysis.
113.
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. MPR states that it has attributable interests in 64 radio authorizations. IBC states that it has no
attributable interests in other radio authorizations. IBC therefore prevails based on this first tie-breaker
and is the tentative selectee in Group 374.
114. Group 379. This group consists of five applications proposing service to four different
communities in North Carolina. Central Educational Broadcasting, Inc. (“CEB”) and Toccoa Foundation,
Inc. (“Toccoa”) would each serve Dillsboro. The other applicants are: The Canary Coalition, Inc.
(“Canary”) for Sylva; Cherokee Youth Center/Boys & Girls Club, Inc. (“CYC”) for Cherokee; and
Western North Carolina Public Radio, Inc. (“WNCPR”) for Cullowhee. Each applicant, with the
exception of CEB, claims that it is eligible for a fair distribution preference based solely on aggregated
first plus second service.99 CEB certifies that it is not eligible for a preference and is therefore eliminated.
Toccoa proposes aggregated first and second service to 17,399 people; Canary to 13,198 people; CYC to
5,346 people; and WNCPR to 14,402 people. CYC is eliminated because Canary’s next best proposal for
a different community would serve at least 5,000 more people. The comparable proposals of Canary,
WNCPR, and Toccoa proceed to a point hearing.
115. Canary certifies that it is entitled to three points as an established local applicant and two
points for diversity of ownership. Canary, however, neglects to provide the requisite documentation to
support its claims, and we therefore will not award points to Canary under either criterion. WNCPR and
Toccoa certify that they each are not entitled to points as established local applicants or for diversity of
ownership. None of the applicants claim points as a statewide network. With respect to technical
parameters, Canary’s proposed 60 dBu contour would encompass 325 square kilometers with a
population of 13,198. WNCPR’s proposed 60 dBu contour would encompass 313 square kilometers with
a population of 14,833. Toccoa’s proposed 60 dBu contour would encompass 362 square kilometers with
a population of 17,954. Toccoa qualifies for one point under the best technical proposal criterion because
its proposal serves at least 10 percent more area and population than Canary’s next best area proposal and
WNCPR’s next best population proposal. Accordingly, Toccoa is credited with a total of one point;
Canary and WNCPR are each not credited with any points. Toccoa is therefore the tentative selectee in
Group 379.
116. Group 380. This group consists of six applications proposing service to four different
communities in North Carolina. Mineral Springs Public Radio, Inc. (“MSPR”) and Richburg Educational
Broadcasters, Inc. (“Richburg”) each propose to serve Edenton. The Popular Assembly of New Horizons
3000 and His Successors (“PANH”) and Breath of the Spirit Ministries (“BSM”) would each serve
Elizabeth City. Pathway Christian Academy, Inc. (“Pathway”) and Liberty University, Inc. (“Liberty”)
propose service to the respective communities of Hertford and Duck. Each applicant certifies that it is not
eligible for a fair distribution preference. Therefore, the entire group proceeds to a point hearing.
117.
PANH is the only applicant to claim to be eligible for points as an established local
applicant. PANH, however, fails to support its claim and therefore will not be awarded points under this
99

See Toccoa, Canary, CYC, and WNCPR Applications, Questions III(1), III(2), and associated exhibits. Toccoa
claims that it would provide aggregated first and second NCE service to 17,399 of the 17,954 people encompassed
within its 60 dBu contour; Canary to all 13,198 of the 13,198 people; CYC to all 5,346 of the 5,346 people; and
WNCPR to 14,402 of the 14,833 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.100 Each applicant, with the exception of BSM, claims two points for diversity of ownership
with the claim of PANH based on a pledge to divest LPFM station WRRW-LP, Williamsburg, Virginia.
PANH, 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, MSPR and Richburg have each failed to
support their respective diversity claims. Accordingly, PANH, MSPR, and Richburg each will not
receive points under this criterion. None of the applicants claim points as a statewide network. With
respect to technical parameters, MSPR claims that its proposed 60 dBu contour would encompass 934
square kilometers with a population of 23,433; PANH, 1,497 square kilometers and 33,627 people;
Pathway, 2,229 square kilometers and 37,067 people; Richburg, 1,815 square kilometers and 43,405
people; Liberty, 479 square kilometers and 10,981 people; and BSM, 2,373 square kilometers and 40,840
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, Pathway and Liberty are credited with a total of two points each. MSPR,
PANH, Richburg, and BSM are not credited with any points, and are therefore each eliminated. Pathway
and Liberty proceed to a tie-breaker.
118. 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. Pathway certifies that it has seven attributable interests; Liberty discloses 34 attributable
interests. Pathway therefore prevails based on this first tie-breaker and is the tentative selectee in Group
380.
119. Group 381. This group consists of five applications proposing service to five different
communities in North Carolina. The applicants are: Brice’s Creek Bible Church (“Brice”) for Newport;
Craven Community College (“Craven”) for Beaufort; Immanuel Broadcasting Network (“Immanuel”) for
Harker’s Island; Down East Communications/CDC & Center for the Performing Arts (“DEC”) for
Oriental; and Airwaves for Jesus, Inc. (“Airwaves”) for Atlantic Beach. Each applicant states that it is not
eligible for a fair distribution preference. The group therefore proceeds to a point hearing.
120.
Brice and DEC each claim three points as established local applicants; Craven,
Immanuel, and Airwaves do not. Each applicant, with the exception of Craven, claims two points for
diversity of ownership. Immanuel provides no documentation to support its diversity claim and therefore
will not receive points under this criterion. No applicant claims points as a statewide network. With
respect to technical parameters, Brice claims that its proposed 60 dBu contour would encompass 1,724
square kilometers with a population of 81,627; Craven, 929 square kilometers and 35,239 people;
Immanuel, 3,853 square kilometers and 25,201 people; DEC, 1,619 square kilometers and 78,408 people;
and Airwaves, 6,452 square kilometers and 72,123 people. No applicant is eligible for any points under
the best technical proposal criterion because no applicant proposes to serve an area and population at least
10 percent greater than the next best applicant. Accordingly, Brice and DEC are each credited with a total
of five points; Airwaves receives two points; and Craven and Immanuel are each not credited with any
points.101 Airwaves, Craven, and Immanuel are therefore each eliminated, and Brice and DEC proceed to
a tie-breaker.
121.
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
100

PANH states that it is an unincorporated church formed in 1999 in the state of Washington. It fails to explain
how it qualifies as a local applicant and provides no documentation to support its claim.
101

If the Commission had accepted Immanuel’s claim of two points for diversity of ownership, it would not have
changed the outcome of this MX group. Specifically, Brice’s and DEC’s credited totals of five points each still
would have exceeded Immanuel’s claimed total of two points.

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prevails. Brice and DEC each certify that they have no attributable interests in any radio authorizations.
We therefore proceed to the second issue considered in a tie-breaker – the number of pending radio
applications attributable to each applicant. Brice certifies that it has an attributable interest in one radio
application. DEC certifies that it has three pending applications. Brice therefore prevails based on this
second tie-breaker and is the tentative selectee in Group 381.
122. Group 384. This group consists of eight applications proposing service to seven
different communities in New Hampshire and Vermont. New Hampshire Public Radio, Incorporated
(“NHPR”) and Franklin County Christian Ministries (“FCCM”) each propose to serve Claremont, New
Hampshire. The other New Hampshire applicants are: Vinikoor Family Foundation, Inc. (“Vinikoor”)
for Newport; Horizon Christian Fellowship (“Horizon”) for Charlestown; and Granite State Educational
Fellowship (“Granite”) for North Charleston. Christian Ministries, Inc. (“CMI”), Great Falls Community
Broadcasting Company (“GFCB”), and Vinikoor propose service to the respective Vermont communities
of Claremont, Bellows Falls, and Springfield. Each applicant certifies that it is not eligible for a fair
distribution preference. Therefore, the group proceeds to a point hearing.
123.
GFCB is the only applicant to certify that it is eligible for points as an established local
applicant. Each applicant, with the exception of Vinikoor and CMI, claims two points for diversity of
ownership. GFCB’s claim is based on a pledge to divest its interest in LPFM station WOOL-LP, Bellows
Falls, Vermont. Granite and FCCM do not adequately support their diversity claims. Accordingly, we
award diversity points to GFCB, Horizon, and NHPR, but will not award points to either Granite or
FCCM. None of the applicants claims points as a statewide network. With respect to technical
parameters, Vinikoor-Newport claims that its proposed 60 dBu contour would encompass 260 square
kilometers with a population of 11,792; Horizon, 1,380 square kilometers and 46,902 people; NHPR, 151
square kilometers and 14,109 people; Granite, 518 square kilometers and 21 people; CMI, 350 square
kilometers and 19,814 people; GFCB, 554 square kilometers and 24,649 people; and VinikoorSpringfield, 314 square kilometers and 17,463 people. FCCM does not list its technical parameters.102
Horizon qualifies for two points under the best technical proposal criterion because its proposal serves at
least 25 percent more area and population than GFCB’s next best proposal. Accordingly, GFCB is
credited with a total of five points; Horizon receives four points; NHPR is credited with two points; and
Vinikoor, Granite, FCCM, and CMI are each not credited with any points.103 GFCB is therefore the
tentative selectee in Group 384.
124. Group 389. This group consists of six applications proposing service to five different
communities in New Mexico. Better Public Broadcasting Association (“BPBA”) and Misioneros
Cristianos en Accion (“MCA”) would each serve Grants. The other applicants are: Calvary Chapel of
Albuquerque, Inc. (“CCA”) for Mesita; Available Media, Inc. (“AMI”) for Tohajiilee Indian Reservation;
Laguna Department of Education (“LDE”) for Laguna; and Board of Regents – New Mexico Highlands
University (“NMHU Regents”) for Milan. CCA, AMI, and NMHU Regents each claim a fair distribution
preference based solely on combined first and second service.104 BPBA, LDE, and MCA do not claim a
102

For purpose of this analysis, we therefore consider FCCM to serve zero square kilometers with a population of
zero.
103

If the Commission had accepted Granite’s and/or FCCM’s claim of two points for diversity of ownership, it
would not have changed the outcome of this MX group. Specifically, GFCB’s credited total of five points still
would have exceeded Granite’s and FCCM’s claimed totals of two points each.
104

See CCA, AMI, and NMHU Regents Applications, Questions III(1), III(2), and associated exhibits. CCA claims
that it would provide aggregated first and second NCE service to 5,245 of the 23,303 people encompassed within its
60 dBu contour; AMI to 9,198 of the 27,591 people; and NMHU Regents to 9,315 of the 27,204 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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preference, and are therefore each eliminated. CCA certifies that it would provide combined first and
second NCE service to 5,245 people; AMI to 9,198 people; and NMHU Regents to 9,315 people. The
proposals are comparable, and therefore, CCA, AMI, and NMHU Regents proceed to a point hearing.
125.
AMI and NMHU Regents each claim points as an established local applicant; CCA does
not. Each applicant certifies that it is entitled to two points for diversity of ownership, and no applicant
claims points as a statewide network. With respect to technical parameters, CCA’s proposed 60 dBu
contour would encompass 5,246 square kilometers with a population of 23,303. AMI’s proposed 60 dBu
contour would encompass 9,376 square kilometers with a population of 27,591. NMHU Regents’
proposed 60 dBu contour would encompass 8,921 square kilometers with a population of 27,204. No
applicant is eligible for points under the best technical proposal criterion because AMI’s proposal to serve
the largest area and population does not exceed NMHU Regents’ next best proposal by at least 10 percent.
Accordingly, AMI and NMHU Regents are each credited with a total of five points, and CCA is credited
with two points. CCA is eliminated, and AMI and NMHU Regents proceed to a tie-breaker.
126. 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. AMI certifies that it has no attributable interests; NMHU Regents certifies that it has one
attributable interest in a radio authorization. AMI therefore prevails based on this first tie-breaker and is
the tentative selectee in Group 389.
127. Group 392. This group consists of eight applications proposing service to six different
communities in New York. Northeast Gospel Broadcasting, Inc. (“NGB”) and Long Island Broadcasters
Wireless (“LIBW”) would each serve Riverhead. Christian Charities Deliverance Church (“CCD
Church”) and Hamptons Community Radio Corporation (“HCRC”) each propose to serve Westhampton.
The other applicants are: Primera Iglesia Evangelica de Apostoles y Profetas (“PIEA”) for Eastport;
Templo Apostoles y Profetas Bethel (“TAPB”) for Hampton Bays; Ocean Side Broadcasting, Inc.
(“OSB”) for Quogue; and Community Bible Church (“CBC”) for East Quogue. NGB, LIBW, and HCRC
each claim eligibility for a fair distribution preference.105 CCD Church also claims to be eligible for a
preference, but it fails to identify the number of people who would receive a first or second service.106
CCD Church’s application is therefore eliminated. The following applicants certify that they are not
eligible for a preference and, accordingly, are also eliminated: PIEA, TAPB, OSB, and CBC. None of
the remaining applicants claim that they are entitled to a first NCE service preference, and we therefore
consider NGB’s, LIBW’s, and HCRC’s proposals to provide combined first and second NCE service to
23,466 people, 18,018 people, and 24,352 people, respectively. LIBW is eliminated because HCRC’s
next best proposal for a different community would serve at least 5,000 more people. The comparable
proposals of NGB and HCRC proceed to a point hearing.
128.
Neither applicant claims points as an established local applicant. HCRC claims two
points for diversity of ownership but does not fully support its diversity claim. Although HCRC’s
application reflects that it currently has no other authorizations, it provides no information from which the
Commission or other parties could verify that HCRC timely modified its governing documents to limit its
ability to acquire other stations in the same area. Accordingly, we will not award points to HCRC under
this criterion. NGB does not claim points for diversity of ownership. Neither applicant claims points as a
105

See NGB, LIBW, and HCRC Applications, Questions III(1), III(2), and associated exhibits. NGB claims that it
would provide aggregated first and second NCE service to 23,466 of the 39,139 people encompassed within its 60
dBu contour; LIBW to 18,018 of the 23,760 people; and HCRC to 24,352 of the 45,252 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.
106

CCD Church submits a map but no numbers to verify its claim.

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statewide network. With respect to technical parameters, NGB’s proposed 60 dBu contour would
encompass 275 square kilometers with a population of 39,139. HCRC’s proposed 60 dBu contour would
encompass 329 square kilometers with a population of 45,252. HCRC qualifies for one point under the
best technical proposal criterion because its proposal serves at least 10 percent more area and population
than NGB. Accordingly, HCRC is credited with a total of one point, and NGB is not credited with any
points. HCRC is therefore the tentative selectee in Group 392.
129.
Group 393. This group is comprised of six applications proposing service to three
different communities in New York and Connecticut. Community Impact Foundation, Inc. (“CIF”),
Mission Connecticut, Inc. (“MCI”), WAMC, and JCM Radio of New York, Inc. (“JCM”) would each
serve Brewster, New York. WNYC Radio (“WNYC”) proposes service to Brewster Hill, New York, a
similarly-named, but apparently different, community. Danbury Community Radio, Inc. (“DCR”) would
serve Danbury, Connecticut. MCI, WAMC, and WNYC each claim eligibility for a fair distribution
preference.107 JCM also claims to be eligible for a preference, but it fails to identify the number of people
who would receive a first or second service.108 JCM is therefore eliminated. CIF and DCR do not claim
eligibility for a preference and, accordingly, are also each eliminated. Each of the remaining applicants
certifies that it will provide no first NCE service. Accordingly, we consider MCI’s, WAMC’s, and
WNYC’s proposals to provide second NCE service to 16,648 people, 12,403 people, and 18,354 people,
respectively. The proposals are comparable because none exceeds the next best by at least 5,000 people.
MCI, WAMC, and WYNC therefore must proceed to a point hearing.
130.
MCI 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, and no applicant claims points as
a statewide network. With respect to technical parameters, MCI’s proposed 60 dBu contour would
encompass 99 square kilometers with a population of 24,106. WAMC’s proposed 60 dBu contour would
encompass 153 square kilometers with a population of 65,051. WNYC’s proposed 60 dBu contour would
encompass 90 square kilometers with a population of 18,354. WAMC is entitled to two points under the
best technical proposal criterion because it proposes to serve at least 25 percent more area and population
than MCI’s next best proposal. Accordingly, MCI is credited with a total of five points; WAMC receives
four points; and WNYC is credited with two points. MCI is the tentative selectee in Group 393.
131.
Group 394. This final group is comprised of six applications proposing service to five
different communities in New York. Oscar Aguero Ministry (“OAM”) and Long Island Acorn (“LIA”)
would each serve Riverhead. The other applicants are: Community Bible College (“CBC”) for Quogue;
St. Joseph Church (“St. Joseph”) for Westhampton; Hampton Community Radio Corporation (“HCRC”)
for Hampton Bays; and Sacred Heart University, Inc. (“SHU”) for East Quogue. Each applicant certifies
that it is eligible for a fair distribution preference.109 None of the applicants claim eligibility for a first
NCE service preference. Accordingly, we consider the applicants’ proposals to provide aggregated first
107

See MCI, WAMC, and WNYC Applications, Questions III(1), III(2), and associated exhibits. MCI claims that it
would provide aggregated first and second NCE service to 16,648 of the 24,106 people encompassed within its 60
dBu contour; WAMC to 12,403 of the 65,051 people; and WNYC to all 18,354 of the 18,354 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.
108

JCM submits a map but no numbers to verify its claim.

109

See OAM, CBC, LIA, St. Joseph, HCRC, and SHU Applications, Questions III(1), III(2), and associated exhibits.
OAM claims that it would provide aggregated first and second NCE service to 20,210 of the 28,029 people
encompassed within its proposed 60 dBu contour; CBC to 24,319 of the 56,460 people; LIA to 25,686 of the 58,740
people; St. Joseph to 22,606 of the 40,128 people; HCRC to 23,009 of the 48,170 people; and SHU to 21,631 of the
40,901 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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and second NCE service to 20,210 people, 25,686 people, 24,319 people, 25,686 people, 22,606 people,
23,009 people, and 21,631 people, respectively.110 These proposals are comparable because none would
provide a new first or second NCE service to at least 5,000 more people than the next best proposal for a
different community. Accordingly, the entire group proceeds to a point hearing.
132.
CBC and LIA each claim three points as established local applicants; the other four
applicants do not. Each applicant, with the exception of OAM, claims two points for diversity of
ownership. SHU’s claim is based on a pledge to request cancellation of its authorization for FM
translator W219BA, Ridge, New York, upon the commencement of operation of the proposed full service
station. St. Joseph and HCRC do not submit the requisite documentation to support their respective
diversity claims.111 Accordingly, we will not award points to St. Joseph or HCRC under this criterion.
LIA 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 LIA cannot receive points
under both criteria. With respect to technical parameters, OAM claims that its proposed 60 dBu contour
would encompass 192 square kilometers with a population of 28,029; CBC, 395 square kilometers and
56,460 people; LIA, 332 square kilometers and 58,740 people; St. Joseph, 274 square kilometers and
40,128 people; HCRC, 344 square kilometers and 48,170 people; and SHU, 290 square kilometers and
40,901 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, CBC and LIA are each credited with a total of five points; SHU receives two
points; and OAM, St. Joseph, and HCRC are each not credited with any points. SHU, OAM, St. Joseph,
and HCRC are therefore each eliminated, and CBC and LIA proceed to a tie-breaker.
133.
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. CBC certifies that it has one attributable interest; LIA certifies that it has no attributable interest
in any radio authorization. LIA is therefore the tentative selectee in Group 394.
IV.

NEXT STEPS

134.
Acceptability Studies and Filing of Petitions. The staff has examined the applications
of each tentative selectee for application defects.113 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.
135.
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
110

See supra note 110.

111

Although St. Joseph and HCR reflect that each currently has no other authorizations, neither provides information
from which the Commission or other parties could verify that each timely modified its governing documents to limit
the ability to acquire other stations in the same area in the future.
112

See 47 C.F.R. § 73.7003(b)(3). Moreover, LIA does not submit any information to support its claim that it
qualifies as a statewide network.
113

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).

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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.114
136.
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.
137.
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.115 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.116 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.
138.
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.
V.

ORDERING CLAUSES

139.
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.117
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.
114

See id. § 1.106 (a) (1). See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007).

115

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).
116

See generally NCE Omnibus, 22 FCC Rcd at 6162 n.230 (2007) (standards for staff evaluation of petitions).

117

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).

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140.
Group 300. Accordingly, IT IS ORDERED, That Alaska Federation for Community
Self Reliance is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Fairbanks, Alaska, 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
Voice for Christ Ministries, Inc. (File Nos. BNPED-20071017AFW and 20071017AFZ), One Ministries,
Inc. (File Nos. BNPED-20071018AGA and 20071018AGC), University of Alaska (File No. BNPED20071019AAI), Fairbanks Seventh-Day Adventist Church (File No. BNPED-20071019APR), Pioneer
Baptist Church (File No. BNPED-20071022ANU), Fairbanks Catholic Radio (File No. BNPED20071022AZI), Koahnic Broadcast Corporation (File No. BNPED-20071022BHK), and Educational
Media Foundation (File No. BMPED-20071022BVO), and TO GRANT the application of Alaska
Federation for Community Self Reliance (File No. BNPED-20071018AVG) 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 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.
141.
Group 301. Accordingly, IT IS ORDERED, That Kodiak Public Broadcasting
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Kodiak, Alaska, and its applications ARE ACCEPTED FOR FILING, establishing a deadline
thirty (30) days thereafter for the filing of petitions to deny. We direct Kodiak Public Broadcasting
Corporation to voluntarily dismiss one of its mutually exclusive applications (File No. BNPED20071018AKN or 20071018AKP) within thirty (30)-days of the release of this Order. If, after the
petition to deny period has run, there is no substantial and material question concerning the grantability of
the tentative selectee’s applications and Kodiak Public Broadcasting Corporation has voluntarily
dismissed one of its mutually exclusive applications, we direct the staff, by public notice, TO DISMISS
the mutually exclusive applications of New Life Tabernacle Homer AK (File Nos. BNPED20071022AOZ, 20071022BBN, and 20071022BCB), Alaska Educational Radio System, Inc. (File No.
BNPED-20071022BTM), and Praise Temple of the Church of Christ, Inc. (File No. BNPED20071022BUH), and TO GRANT the remaining application of Kodiak Public Broadcasting Corporation
(File No. BNPED-2007101AKN or 20071018AKP) 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.
142.
Group 302. Accordingly, IT IS ORDERED, That Kachemak Bay Broadcasting, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Homer,
Alaska, 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 Blessed Hope Baptist Mission (File
No. BNPED-20071018BAL), New Life Tabernacle Homer AK (File Nos. BNPED-20071019AJC and
20071019AJM), Homer Seventh-Day Adventist Church (File No. BNPED-20071022AEP), and Alaska
Educational Radio System, Inc. (File No. BNPED-20071022AQT) and TO GRANT the application of
Kachemak Bay Broadcasting, Inc. (File No. BNPED-20071019ADH) 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 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,
and PROVIDED THAT Kachemak Bay Broadcasting, Inc. must for that time period provide service to
the community of Homer, which formed the basis for its proceeding to a point hearing following the
elimination of an applicant for a different community.
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143.
Group 303. Accordingly, IT IS ORDERED, That New Life Tabernacle Homer AK is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Kenai,
Alaska, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days
thereafter 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 Blessed Hope
Baptist Mission (File Nos. BNPED-20071018BBBL and 20071018BBV) and Alaska Educational Radio
System, Inc. (File Nos. BNPED-20071022ARK, 20071022ART, and 20071022BUN) and TO GRANT
the application of New Life Tabernacle Homer AK (File No. BNPED-20071019AKO) 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.
144.
Group 304. Accordingly, IT IS ORDERED, That Harvest Christian Fellowship, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Piedmont, 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 Jimmy Jarrell
Communications Foundation, Inc. (File No. BNPED-20071015ABB), Joy Christian Communications,
Inc. (File No. BNPED-20071017ABV), and Southwest Radio Church of the Air, Inc. (File No. BNPED20071012AFG), and TO GRANT the application of Harvest Christian Fellowship, Inc. (File No. BNPED20071022BHR) 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 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.
145.
Group 305A. Accordingly, IT IS ORDERED, That Enon Grove Community Church and
Christian Eagle Association, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for
a new NCE FM station in Franklin, 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
application of B. Jordan Communications Corporation (BNPED-20071019ALN) and TO GRANT the
application of Enon Grove Community Church and Christian Eagle Association, Inc. (File No. BNPED20071019ASW) 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.
146.
Group 305B. Accordingly, IT IS ORDERED, That Harvest Christian Fellowship, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Union
Springs, 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 Jimmy Jarrell
Communications Foundation, Inc. (File Nos. BNPED-20071012AON and 20071015AAY), B. Jordan
Communications Corporation (File No. BNPED-20071018ALE), Immanuel Broadcasting Network (File
No. BNPED-20071019BBW), and KMZD Radio, Inc. (File No. BNPED-20071022AIZ), and TO
GRANT the application of Harvest Christian Fellowship, Inc. (File No. BNPED-20071022AYJ)
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
44

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FCC 10-118

use of a point system, and PROVIDED THAT Harvest Christian Fellowship, Inc. must for that time
period provide service to the community of Union Springs, which formed the basis for its proceeding to a
point hearing following the elimination of applicants for different communities.
147.
Group 309. Accordingly, IT IS ORDERED, That East Valley Institute of Technology
District # 401 is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Apache Junction, 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
Community Impact Foundation, Inc. (File No. BNPED-20071012AER), Arizona Community Media
Foundation (File No. BNPED-20071016AGR), Black Entrepreneur Association (File No. BNPED20071017ADZ), The Johnson Foundation (File No. BNPED-20071018ANA), Tohono O’Odham Nation
(File No. BNPED-20071019AVH), The Helpline (File No. BNPED-20071019BCN), Hispanic Family
Christian Network, Inc. (File No. BNPED-20071022ALR), and Primera Iglesia Evangelica de Apostoles
y Profetas (File No. BNPED-20071018BAO), and TO GRANT the application of East Valley Institute of
Technology District # 401 (File No. BNPED-20071018DEM) 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.
148.
Group 311A. Accordingly, IT IS ORDERED, That Bird Street Media Project is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Oroville,
California, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days
thereafter 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 Centro Cristiano
Sion (File No. BNPED-20071018AVT) and Gold City Media Group (File No. BNPED-20071022AKC)
and TO GRANT the application of Bird Street Media Project (File No. BNPED-20071015ALT)
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 PROVIDED THAT pursuant to a waiver of Section 73.860(a) of the
Commission’s Rules, 47 C.F.R. § 73.860(a), Bird Street Media Project must divest or surrender its license
for LPFM station KRBS-LP, Oroville, California, prior to commencement of program tests of the full
service NCE-FM station.
149.
Group 312. Accordingly, IT IS ORDERED, That Regents of the University of
California is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Livermore, California, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days thereafter 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 Los
Positas College (File No. BNPED-20071012AIT), Old Time Gospel Ministries (File No. BNPED20071015ADP), Les Seraphim (File No. BNPED-20071018ANC), and Centro Palebra de Fe Church (File
No. BNPED-20071018AUU), and TO GRANT the application of Regents of the University of California
(File No. BNPED-20071019ASG) 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.
150.
Group 314. Accordingly, IT IS ORDERED, That People of Progress, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Shasta,
California, and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days
thereafter 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
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direct the staff, by public notice, TO DISMISS the mutually exclusive applications of One Ministries, Inc.
(File No. BNPED-20071018AJT), Centro Cristiano Sion (File No. BNPED-20071018AVX), Calvary
Chapel of Red Bluff (File No. BNPED-20071019ASY), Centro Cristiano de Fe, Inc. (File Nos. BNPED20071022AAT and 20071022AAZ), Iglesia Alto Refugio (File No. BNPED-20071022ADQ), and Ink
People, Inc. (File No. BNPED-20071022AOX), and TO GRANT the application of People of Progress,
Inc. (File No. BNPED-20071019BDI) 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.
151.
Group 315. Accordingly, IT IS ORDERED, That Immaculate Conception Apostolic
School is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
in Colfax, 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 Vida Worth Vivir,
Inc. (File No. BNPED-20071019AEZ), Educational Media Foundation (BMAPED-20071019AKK),
Company One, Inc. (BNPED-20071019AQP), and Grass Valley Seventh-Day Adventist Church (File No.
BNPED-20071022BEF), and TO GRANT the application of Immaculate Conception Apostolic School
(File No. BNPED-20071022AIX) 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 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.
Group 316. Accordingly, IT IS ORDERED, That California Association for Research
and Education is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Paicines, 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
Centro Cristiano Vida Abundante (File No. BNPED-20071018AAX), Centro Cristiano Sion (BNPED20071018AVS), Centro Cristiano de Fe, Inc. (File No. BNPED-20071022AAU), and Colina Alta
Ministries, Inc. (File No. BNPED-20071022AHK) and TO GRANT the application of California
Association for Research and Education (File No. BNPED-20071022BQY) 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.
153.
Group 318. Accordingly, IT IS ORDERED, That Calvary Chapel of Modesto, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Dos
Palos, 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 Centro Cristiano
Vida Abundante (File No. BNPED-20071018ABH), Generations Four Square Church (File No. BNPED20071018APA), Centro Cristiano Sion (File No. BNPED-20071018AVQ), Samsno Educational Media
(File No. BNPED-20071019ARS), National Hispanic University (File No. BNPED-20071019ATF),
Centro Cristiano Cosecha Final (File Nos. BNPED-20071022ABS and 20071022ABX), Common
Frequency, Inc. (File No. BNPED-20071022APW), and Advance Ministries Inc. (File No. BNPED20071022BLR), and TO GRANT the application of Calvary Chapel of Modesto, Inc. (File No. BNPED20071022BOJ) 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 also provides that an applicant receiving a Section
307(b) preference that is decisive over another applicant must operate technical facilities substantially as
46

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proposed for a period of four years of on-air operations, and PROVIDED THAT Calvary Chapel of
Modesto, Inc. must for that time period provide service to the community of Dos Palos, which formed the
basis for its proceeding to a point hearing following the elimination of applicants for different
communities.
154.
Group 320. Accordingly, IT IS ORDERED, That South Valley Peace Center is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Tulare,
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 Vida Worth Vivir,
Inc. (File No. BNPED-20071019AAS) and First Unitarian Universal Life Church of Hanford (File Nos.
BNPED-20071019ABH and 20071019ATR), and TO GRANT the application of South Valley Peace
Center (File No. BNPED-20071022ANE) 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.
155.
Group 322. Accordingly, IT IS ORDERED, That Crested Butte Mountain Educational
Radio, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Gunnison, 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
Public Broadcasting of Colorado, Inc. (File No. BNPED-20071017ADG), Cedar Cove Broadcasting, Inc.
(File No. BNPED-20071018ABJ), San Miguel Educational Fund (File No. BNPED-20071018APW),
Academy Media Inc. (File No. BNPED-20071018AXS), Make a Difference Foundation, Inc. (File Nos.
BNPED-20071019AYG and 20071019AYK), Cheyenne Mountain Public Broadcast House, Inc. (File
No. BNPED-20071022AFN), and United Ministries (File No. BNPED-20071022BFB), and TO GRANT
the application of Crested Butte Mountain Educational Radio, Inc. (File No. BNPED-20071019AHW)
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 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, and PROVIDED THAT, Crested Butte Mountain Educational Radio, Inc.
must surrender its license for FM translator station K210BS, Gunnison, Colorado, prior to
commencement of program tests of the full service NCE-FM station.
156.
Group 323. Accordingly, IT IS ORDERED, That Summit Public Radio and TV, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Breckenridge, 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 Carbondale
Community Access Radio, Inc. (File No. BNPED-20071017AFL), Academy Media Inc. (File No.
BNPED-20071018AXZ), Mountain Air Radio, Inc. (File No. BNPED-20071019AWY), HO. LY., Inc.
(File No. BNPED-20071022ANX), Wren Communications, Inc. (File No. BNPED-20071022ATA), NC
Friends Broadcasting, Inc. (File No. BNPED-20071022BBF), and Tightrope Broadcasting, Inc. (File No.
BNPED-20071022BNU), and TO GRANT the application of Summit Public Radio and TV, Inc. (File
No. BNPED-20071018AKW) 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 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.
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157.
Group 325. Accordingly, IT IS ORDERED, That Community Radio for Northern
Colorado is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
in Silverthorne, 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 Academy Media
Inc. (File No. BNPED-20071018AXV), Make a Difference Foundation, Inc. (File Nos. BNPED20071018AYC and 20071018AYE), Educational Communications of Colorado Springs, Inc. (File No.
BNPED-20071018AZP), Crested Butte Mountain Educational Radio, Inc. (File No. BNPED20071019AID), Crystal Mountain Center for the Performing Arts (File No. BNPED-20071019AXA), St.
Paul Cultural Broadcasting, Inc. (File No. BNPED-20071019BAH), Cheyenne Mountain Public
Broadcast House, Inc. (File Nos. BNPED-20071022AFO and 20071022AFP), Mountain Air Radio, Inc.
(File No. BNPED-20071022AUB), and NC Friends Broadcasting, Inc. (File No. BNPED20071022BPA), and TO GRANT the application of Community Radio for Northern Colorado (File No.
BNPED-20071019BCI) 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 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, and PROVIDED THAT, Community Radio for
Northern Colorado must surrender its license for FM translator station K202CV, Breckenridge, Colorado,
prior to commencement of program tests of the full service NCE-FM station.
158.
Group 326. Accordingly, IT IS ORDERED, That Bryant University is TENTATIVELY
SELECTED to be awarded a construction permit for a new NCE FM station in Danielson, Connecticut,
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 Calvary Chapel of Southeastern Connecticut
(File Nos. BNPED-20071017AAX and 20071017AAZ), Franciscan Friars of the Immaculate
Incorporated (File No. BNPED-20071022AVO), and His Voice Ministries (File No. BNPED20071012ADV), and TO GRANT the application of Bryant University (File No. BNPED-20071019ALZ)
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 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.
159.
Group 327. Accordingly, IT IS ORDERED, That Legion of Christ College, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Wethersfield, Connecticut, and its application IS ACCEPTED FOR FILING, establishing a deadline
thirty (30) days thereafter 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
Northeast Hartford Acorn (File No. BNPED-20071019AMM), WNYC Radio (File No. BNPED20071019APG), WAMC (File No. BNPED-20071019ATG), Cape Cod Christian Broadcasting (File No.
BNPED-20071022BEM), and Morgan Brook Christian Radio, Inc. (File No. BNPED-20071022BHI), and
TO GRANT the application of Legion of Christ College, Inc. (File No. BNPED-20071019AME)
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.
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160.
Group 328. Accordingly, IT IS ORDERED, That Help Save the Apalachicola River
Group, Inc. and Martin Bayou Management Corporation are TENTATIVELY SELECTED to be awarded
construction permits ON A TIMESHARING BASIS for new NCE FM stations in Port St. Joe and Mexico
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 Victor
Broadcasting, Inc. (File No. BNPED-20071012ABX), Faith Radio Network, Inc. (File No. BNPED20071012AKJ), Community Radio Foundation of Florida, Inc. (File No. BNPED-20071015AIM),
Serendipity Educational Broadcasting, Inc. (File No. BNPED-20071016ADB), Cornerstone Community
Radio, Inc. (File No. BNPED-20071019ARE), De Mujer a Mujer International (File No. BNPED20071022AGP), Calvary Fellowship, Inc. (File No. BNPED-20071022BIL), and Gulf Coast Community
College (File No. BNPED-20071022BUF). We further direct the staff to provide the tentatively selected
applicants ninety (90) days in which to reach a timesharing agreement among themselves and, upon
execution of an acceptable agreement within this time period, TO GRANT the applications of Help Save
the Apalachicola River Group, Inc. (File No. BNPED-20071018AQD) and Martin Bayou Management
Corporation (File No. BNPED-20071022BQK) 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 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. 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.
161.
Group 329. Accordingly, IT IS ORDERED, That Clean Air Broadcasting Corporation is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Key
West, Florida, 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 Calvary Chapel of
Twin Falls, Inc. (File No. BNPED-20071012ACT), Serendipity Educational Broadcasting, Inc. (File No.
BNPED-20071016ACZ), Tillandsia Radio Outreach, Inc. (File No. BNPED-20071018ARN), Call
Communications Group, Inc. (File No. BNPED-20071019ADQ), St. Paul Cultural Broadcasting, Inc.
(File No. BNPED-20071019BBD), Educational Public Radio, Inc. (File No. BNPED-20071022AJT), and
Cultural Renewal Radio, UA (File No. BNPED-20071022AME), and TO GRANT the application of
Clean Air Broadcasting Corporation (File No. BNPED-20071017AGO) 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.
162.
Group 333. Accordingly, IT IS ORDERED, That Calvary Chapel of Melbourne, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Kenansville, Florida, 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 Oscar Aguero
Ministry (File No. BNPED-20071015AFX), Community Radio Foundation of Florida, Inc. (File No.
BNPED-20071017AAW), Templo Apostoles y Profetas Bethel (File No. BNPED-20071018BBA),
Seminole Tribe of Florida (File No. BNPED-20071019AUS), Calvary Fellowship, Inc. (File No.
BNPED-20071022AGJ), Black Media Works, Inc. (File Nos. BNPED-20071022AMN, 20071022ANC,
and 20071022ANJ), Central Florida Educational Foundation, Inc. (File No. BNPED-20071022AZC), and
Westminster Academy (File No. BNPED-20071022BLU), and TO GRANT the application of Calvary
Chapel of Melbourne, Inc. (File No. BNPED-20071022BJV) CONDITIONED UPON that selectee’s
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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.
163.
Group 334. Accordingly, IT IS ORDERED, That Calvary Fellowship, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Tavernier, Florida, 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 Templo Apostoles
y Profetas Bethel (File No. BNPED-20071018BBC), Educational Public Radio, Inc. (File No. BNPED20071022AJL), Cultural Renewal Radio, UA (File No. BNPED-20071022BBI), and NC Friends
Broadcasting, Inc. (File No. BNPED-20071022BCE), and TO GRANT the application of Calvary
Fellowship, Inc. (File No. BNPED-20071022AGK) 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.
164.
Group 336. Accordingly, IT IS ORDERED, That Radio Training Network, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Claxton,
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 Community Impact
Foundation, Inc. (File No. BNPED-20071012AEG), Indiana Community Radio Corporation (File No.
BNPED-20071012AFH), Mineral Springs Public Radio, Inc. (File No. BNPED-20071012AGM),
Tillandsia Radio Outreach, Inc. (File No. BNPED-20071018ARS), and Tightrope Broadcasting, Inc. (File
No. BNPED-20071022BOA), and TO GRANT the application of Radio Training Network, Inc. (File No.
BNPED-20071022BIT) 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 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, and PROVIDED THAT, Radio Training
Network, Inc. must surrender its license for FM translator station W257BG, Statesboro, Georgia, prior to
commencement of program tests of the full service NCE-FM station.
165.
Group 337A. Accordingly, IT IS ORDERED, That Southwest Project for Community
Education, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Sasser, 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 Victor
Broadcasting, Inc. (File No. BNPED-20071012AXX), Darton College (File No. BNPED-20071018AUL),
and Radio Training Network, Inc. (File No. BNPED-20071022AFS), and TO GRANT the application of
Southwest Project for Community Education, Inc. (File No. BNPED-20071015ABU) 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.
166.
Group 337B. Accordingly, IT IS ORDERED, That Mission Support Service is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Hawkinsville, 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 Indiana Community
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Radio Corporation (File No. BNPED-20071012AFE), Athens Christian Radio, Inc. (File No. BNPED20071015ACK), and Lighthouse Christian Fellowship (File No. BNPED-20071022BKZ), and TO
GRANT the application of Mission Support Service (File No. BNPED-20071022AWP) 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 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.
167.
Group 338. Accordingly, IT IS ORDERED, That Calvary Chapel of Thomasville, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Pavo,
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 God’s Final Call &
Warning, Inc. (File No. BNPED-20071012AII), Augusta Radio Fellowship Institute, Inc. (File No.
BNPED-20071012AOV), Colquitt Community Radio, Inc. (File No. BNPED-20071015AAM), and B.
Jordan Communications Corporation (File No. BNPED-20071019ALP), and TO GRANT the application
of Calvary Chapel of Thomasville (File No. BNPED-20071015AHD), 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
PROVIDED THAT, pursuant to a waiver of Section 73.860(a) of the Commission’s Rules, 47 C.F.R. §
73.860(a), Calvary Chapel of Thomasville must divest or surrender its license for LPFM station WJGGLP, Thomasville, Georgia, prior to commencement of program tests of the full service NCE-FM station.
168.
Group 340. Accordingly, IT IS ORDERED, That Common Ground Athens, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Nicholson, 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 Community Public
Radio, Inc. (File No. BNPED-20071015ABL), Hope Through Education, Inc. (File No. BNPED20071016AHT), Templo Apostoles y Profetas Bethel (File No. BNPED-20071018BBI), Iglesia Jesucristo
es mi Refugio de Austin, Inc. (File No. BNPED-20071022ACZ), and Edgewater Broadcasting, Inc. (File
No. BNPED-20071022BFC) and TO GRANT the application of Common Ground Athens, Inc. (File No.
BNPED-20071022AQA) 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 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.
169.
Group 341. Accordingly, IT IS ORDERED, That Calvary Chapel Kauai is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Lihue,
Hawaii, 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 Hoosier
Broadcasting Corporation (File No. BNPED-20071012AEA), Hawaii Public Radio, Inc. (File No.
BNPED-20071018ANY), and Wren Communications, Inc. (File No. BNPED-20071022ATT), and TO
GRANT the application of Calvary Chapel Kauai (File No. BNPED-20071019AFY) 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.
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170.
Group 342. Accordingly, IT IS ORDERED, That Aina’E Co., Ltd. is TENTATIVELY
SELECTED to be awarded a construction permit for a new NCE FM station in Kailua Kona, Hawaii, 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 Linda Jerome Foundation (File No. BNPED20071012AED), Hoosier Broadcasting Corporation (File No. BNPED-20071012AHV), Calvary Chapel
Kona, Inc. (File No. BNPED-20071012AVE), Haola Inc. (File No. BNPED-20071012AXR), and Kona
Info FM, Inc. (File No. BNPED-20071022AMB) and TO GRANT the application of Aina’E Co., Ltd.
(File No. BNPED-20071019APO) 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 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.
171.
Group 344. Accordingly, IT IS ORDERED, That Bloomington Normal Broadcasting
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Hamilton, 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
Cornerstone Community Radio, Inc. (File No. BNPED-20071017AHL), The University of Iowa (File No.
BNPED-20071018AKC), Fort Madison Seventh-Day Adventist Church (File No. BNPED20071022BDE), and Believer’s Broadcasting Corporation (File No. BNPED-20071016AFT) and TO
GRANT the application of Bloomington Normal Broadcasting Corporation (File No. BNPED20071016AJN) 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 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.
172.
Group 346. Accordingly, IT IS ORDERED, That Idaho Conference of Seventh-Day
Adventists, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in McCall, 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 application of Nassuna
Broadcasting, Inc. (File No. BNPED-20071022BBC), and TO GRANT the application of Idaho
Conference of Seventh-Day Adventists, Inc. (File No. BNPED-20071022BLS) 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.
173.
Group 347. Accordingly, IT IS ORDERED, That Cornerstone Community Radio, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Macomb, 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 H.O.P.E
Broadcasting Corporation (File No. BNPED-200710112AFS), Believer’s Broadcasting Corporation (File
No. BNPED-20071016AFS), and 2820 Communications Incorporated (File No. BNPED20071022AQX), and TO GRANT the application of Cornerstone Community Radio, Inc. (File No.
BNPED-20071016AJC) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the
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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.
174.
Group 350. Accordingly, IT IS ORDERED, That Inter Mirifica, Inc. is TENTATIVELY
SELECTED to be awarded a construction permit for a new NCE FM station in Noblesville, 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 Hometown Radio Corporation (File No.
BNPED-20071015ADG), Horizon Christian Fellowship of Indianapolis, Inc. (File No. BNPED20071017ABW), The President and Trustees of Miami University (File No. BNPED-20071019ALG),
and Community Radio for Hoosiers, Inc. (BNPED-20071022AAQ), and TO GRANT the application of
Inter Mirifica, Inc. (File No. BNPED-20071022BHU) 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.
175.
Group 351. Accordingly, IT IS ORDERED, That Horizon Christian Fellowship of
Indianapolis, Inc. is TENTATIVELY SELECTED to be awarded a permit to construct a new NCE FM
station at Morristown, 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
Hoosier Public Radio Corporation (File Nos. BNPED-20071012ACL and 20071012ACQ), Community
Impact Foundation, Inc. (File No. BNPED-20071012ADY), Indiana Educational Broadcast Corporation
(File Nos. BNPED-20071019ADF and 20071019AFX), The President and Trustees of Miami University
(File No. BNPED-20071019AKX), Family Worship Center Church, Inc. (File No. BNPED20071019AMS), and Friends of Radio Maria, Inc. (File Nos. BNPED-20071019AUD and
20071019AUJ), and TO GRANT the application of Horizon Christian Fellowship of Indianapolis, Inc.
(File No. BNPED-20071017ABZ) 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 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.
176.
Group 353. Accordingly, IT IS ORDERED, That Summit Seekers, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Laurel,
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 Connersville
Apostolic Lighthouse Incorporated (File No. BNPED-20071012AHJ), Gabriel Broadcasting Corporation
(File No. BNPED-20071015ADI), The Cedarville University (File No. BNPED-20071017ADD), Friends
of Radio Maria, Inc. (File No. BNPED-20071019BBQ), Knights of Columbus Home Association of
Anderson (File No. BNPED-20071022AYD), and Spryex Communications, Inc. (File No. BNPED20071019AMT), and TO GRANT the application of Summit Seekers, Inc. (File No. BNPED20071022AXE) 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 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.
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177.
Group 354. Accordingly, IT IS ORDERED, That Harvest Chapel, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Otterbein, 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 Community Public
Radio, Inc. (File No. BNPED-20071012AUL), Bridgebuilders International Leadership Network (File
No. BNPED-20071019AQI), Friends of Radio Maria, Inc. (File No. BNPED-20071019AUW), and
Nassuna Broadcasting, Inc. (File No. BNPED-20071022BAT), and TO GRANT the application of
Harvest Chapel, Inc. (File No. BNPED-20071022BJS) 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 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,
and must for that time period provide service to the community of Otterbein, which formed the basis for
its proceeding to a point hearing following the elimination of applicants for a different community, and
PROVIDED THAT pursuant to a waiver of Section 73.860(a) of the Commission’s Rules, 47 C.F.R. §
73.860(a), Harvest Chapel, Inc. must divest or surrender its license for LPFM station WTGO-LP,
Lafayette, Indiana, prior to commencement of program tests of the full service NCE-FM station.
178.
Group 359. Accordingly, IT IS ORDERED, That Covenant Network is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Houma,
Louisiana, 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 Amor Viviente, Inc.
(File No. BNPED-20071012AFY), Providence Educational Foundation, Inc. (File No. BNPED20071012AJX), United Houma Nation, Inc. (File No. BNPED-20071015AGA), Crisis Pregnancy Help
Center of Slidell (File No. BNPED-20071016ABS), Port Allen Educational Broadcasting Foundation
(File No. BNPED-20071017AKJ), Educational Media Foundation (File No. BMAPED-20071018AKY),
Friends of Radio Maria, Inc. (File No. BNPED-20071019ABN), Public Urban Digital Broadcasting (File
No. BNPED-20071019ACY), and New Horizon Christian Fellowship (File No. BNPED-20071022BAP)
and TO GRANT the application of Covenant Network (File No. BNPED-20071018BDD)
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 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.
179.
Group 360. Accordingly, IT IS ORDERED, That Crisis Pregnancy Help Center of
Slidell is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Slidell, Louisiana, 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 Educational Media
Foundation (File No. BMAPED-20071018AQL), Pensacola Christian College, Inc. (File Nos. BNPED20071018DEU and 20071018DFC), and New Horizon Christian Fellowship (File No. BNPED20071022BAS), and TO GRANT the application of Crisis Pregnancy Help Center of Slidell (File No.
BNPED-20071016ABC) 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 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, and PROVIDED THAT pursuant to a waiver of
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Section 73.860(a) of the Commission’s Rules, 47 C.F.R. § 73.860(a), Crisis Pregnancy Help Center of
Slidell must divest or surrender its license for LPFM station WGON-LP, Slidell, Louisiana, prior to
commencement of program tests of the full service NCE-FM station.
180.
Group 362. Accordingly, IT IS ORDERED, That Glory2Glory Educational Foundation,
Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Bastrop, Louisiana, 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 Lighthouse
Christian Fellowship (File No. BNPED-20071022BLA), Iglesia Cristiana Ebenezer (File No. BNPED20071018AZW), Enterprise Corporation of the Delta (File No. BNPED-20071019AVV), Black Media
Works, Inc. (File No. BNPED-20071022BHS), Mahoganey Community Development, Inc. (File No.
BNPED-20071022BOR), and Network of Glory, LLC (File No. BNPED-20071019AFE), and TO
GRANT the application of Glory2Glory Educational Foundation, Inc. (File No. BNPED-20071018AGG)
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 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.
181.
Group 365. Accordingly, IT IS ORDERED, That Prayers for Life, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Shirley,
Massachusetts, 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 Christian
Educational Association (File No. BNPED-20071018AOT), Horizon Christian Fellowship (File No.
BNPED-20071019ALC), Centro de Intercesion y Adoracion Internacional, Inc. (File No. BNPED20071022AIL), and Three Pyramids, Inc. (File No. BNPED-20071022BVF), and TO GRANT the
application of Prayers for Life, Inc. (File No. BNPED-20071022ARY) 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 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.
182.
Group 371. Accordingly, IT IS ORDERED, That Rochester Community and Technical
College is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station
in Stewartville, Minnesota, 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
Decorah Lutheran Church (File No. BNPED-20071012AUO), VCY America Inc. (File No. BNPED20071012AAM), Crossfire Incorporated (File No. BNPED-20071018ANQ), Pensacola Christian College,
Inc. (File No. BNPED-20071018DEW), Southern Minnesota Catholic Radio (File No. BNPED20071022AOA), We Have this Hope Christian Radio, Inc. (File No. BNPED-20071022BCR), and
Calvary Iowa City (File No. BNPED-20071022BPB), and TO GRANT the application of Rochester
Community and Technical College (File No. BNPED-20071022AQD) 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 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.
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183.
Group 374. Accordingly, IT IS ORDERED, That Immanuel Baptist Church is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Pine
City, Minnesota, 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 Minnesota Public
Radio (File No. BNPED-20071016AHJ), Refuge Media Group (File No. BNPED-20071019AAJ), De
Mujer a Mujer International (File No. BNPED-20071022AGV), and State of Wisconsin – Educational
Communications Board (File No. BNPED-20071018AWN), and TO GRANT the application of
Immanuel Baptist Church (File No. BNPED-20071022AWE) 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 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.
184.
Group 379. Accordingly, IT IS ORDERED, That Toccoa Foundation, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Dillsboro, North Carolina, 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 Central Educational
Broadcasting, Inc. (File No. BNPED-20071012AAN), The Canary Coalition, Inc. (File No. BNPED20071015AFV), Cherokee Youth Center/Boys & Girls Club, Inc. (File No. BNPED-20071017AHA), and
Western North Carolina Public Radio, Inc. (File No. BNPED-20071017AHN), and TO GRANT the
application of Toccoa Foundation, Inc. (BNPED-20071022AEE) 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 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.
185.
Group 380. Accordingly, IT IS ORDERED, That Pathway Christian Academy, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Hertford, North Carolina, 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 Mineral Springs
Public Radio, Inc. (File No. BNPED-20071012AFP), The Popular Assembly of New Horizons 3000 and
His Successors (File No. BNPED-20071012AIW), Richburg Educational Broadcasters, Inc. (File No.
BNPED-20071018APV), Liberty University, Inc. (File No. BNPED-20071022AUL), and Breath of the
Spirit Ministries (File No. BNPED-20071022BQL), and TO GRANT the application of Pathway
Christian Academy, Inc. (BNPED-20071018AJS) 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.
186.
Group 381. Accordingly, IT IS ORDERED, That Brice’s Creek Bible Church is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Newport, North Carolina, 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 Craven Community
College (File No. BNPED-20071018ALE), Immanuel Broadcasting Network (File No. BNPED20071019AHD), Down East Communications/CDC & Center for the Performing Arts (File No. BNPED20071019ARG), and Airwaves for Jesus, Inc. (File No. BNPED-20071022AVG), and TO GRANT the
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application of Brice’s Creek Bible Church (File No. BNPED-20071015AFC) 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.
187.
Group 384. Accordingly, IT IS ORDERED, That Great Falls Community Broadcasting
Company is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Bellows Falls, Vermont, 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
Vinikoor Family Foundation, Inc. (File Nos. BNPED-20071018AKB and 20071018AKD), Horizon
Christian Fellowship (File No. BNPED-20071019AGZ), New Hampshire Public Radio, Incorporated
(File No. BNPED-20071019AMA), Granite State Educational Fellowship (File No. BNPED20071019ARY), Franklin County Christian Ministries (File No. BNPED-20071019BDF), and Christian
Ministries, Inc. (File No. BNPED-20071012ATJ), and TO GRANT the application of Great Falls
Community Broadcasting Company (File No. BNPED-20071017AAI) 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
PROVIDED THAT pursuant to a waiver of Section 73.860(a) of the Commission’s Rules, 47 C.F.R. §
73.860(a), Great Falls Community Broadcasting Company must divest itself of its interest in LPFM
station WOOL-LP, Bellows Falls, Vermont, prior to commencement of program tests of the full service
NCE-FM station.
188.
Group 389. Accordingly, IT IS ORDERED, That Available Media, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Tohajiilee Indian Reservation, 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
Calvary Chapel of Albuquerque, Inc. (File No. BNPED-20071016AHZ), Better Public Broadcasting
Association (File No. BNPED-20071018AUQ), Laguna Department of Education (File No. BNPED20071019ATP), Misioneros Cristianos en Accion (File No. BNPED-20071022ADA), and Board of
Regents – New Mexico Highlands University (File No. BNPED-20071022BPX), and TO GRANT the
application of Available Media, Inc. (File No. BNPED-20071018BAR) 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 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.
189.
Group 392. Accordingly, IT IS ORDERED, That Hamptons Community Radio
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM
station in Westhampton, New York, 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
Northeast Gospel Broadcasting, Inc. (File No. BNPED-20071012ACE), Christian Charities Deliverance
Church (File No. BNPED-20071016AAH), Primera Iglesia Evangelica de Apostoles y Profetas (File No.
BNPED-20071018BAE), Templo Apostoles y Profetas Bethel (File No. BNPED-20071018BBE), Long
Island Broadcasters Wireless (File No. BNPED-20071019BDP), Ocean Side Broadcasting, Inc. (File No.
BNPED-20071022AKP), and Community Bible Church (File No. BNPED-20071022BOF), and TO
GRANT the application of Hamptons Community Radio Corporation (File No. BNPED-20071022BAZ)
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
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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.
190.
Group 393. Accordingly, IT IS ORDERED, That Mission Connecticut, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Brewster, New York, 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 Community Impact
Foundation, Inc. (File No. BNPED-20071012AEK), Danbury Community Radio, Inc. (File No. BNPED20071019AMW), WAMC (File No. BNPED-20071019APS), WNYC Radio (File No. BNPED20071019AQT), and JCM Radio of NY, Inc. (File No. BNPED-20071019BFN), and TO GRANT the
application of Mission Connecticut, Inc. (File No. BNPED-20071015AEN) 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 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.
191.
Group 394. Accordingly, IT IS ORDERED, That Long Island Acorn is
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Riverhead, New York, 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 Oscar Aguero
Ministry (File No. BNPED-20071015AGE), Community Bible College (File No. BNPED20071015AHH), St. Joseph Church (File No. BNPED-20071019BAR), Hampton Community Radio
Corporation (File No. BNPED-20071022AAS), and Sacred Heart University, Inc. (File No. BNPED20071022BNA), and TO GRANT the application of Long Island Acorn (File No. BNPED20071019AVG) 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.
FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch
Secretary

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APPENDIX
Noncommercial Educational 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” in the Appendix’s Section 307(b) column indicates that Section 307(b)
principles are not applicable to that mutually exclusive application, typically because each of the
applicants in the group proposed to serve the same community. We also use this “n/a” designation for
defective submissions, which were eliminated from the group prior to our consideration of Section 307(b)
factors. When applicants propose service to different communities, the Appendix identifies each
applicant’s eligibility for Section 307(b) consideration with a “yes” or “no” entry.118 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 no applicant in a group claimed a preference
based on first service alone, the Appendix does not report specific first service data. If an applicant
provided numbers but did not claim and/or qualify for a preference, 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. Such data would be included in the aggregated first and second service numbers, if the
applicants claimed a preference on that basis. If an applicant is eliminated on the basis of a Section
307(b) analysis, that outcome is noted as “Elim on 307b” 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 tiebreaker 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 tiebreaker because they were entitled to fewer points than the tied applicants are designated with the
note “Elim Points.”
118

The “no” designation is used when applicants propose to serve different communities, but each certifies that it
would not qualify for a Section 307(b) preference because it would not provide a new first or second service to ten
percent of the population within its respective service area.

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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.
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.

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