**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MX Group Numbers 306, 308,   |
|                                  | *) | 321, 324, 330, 335, 343,     |
| **Threshold Fair Distribution    | ** | 348, 352, 355, 358, 361,     |
| Analysis of 26 Groups of         |    | 369, 370, 372, 373, 376,     |
| Mutually Exclusive               | *  | 378, 386, 402, 419, 420,     |
| Applications**                   | *) | 424, 427, 429, and 435       |
|                                  | ** |                              |
| **for Permits to Construct New   |    |                              |
| or Modified Noncommercial        | *  |                              |
| Educational FM Stations**        | *) |                              |
| **Filed in October 2007 Window** | ** |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: December 16, 2008 Released: December 17, 2008**

By the Chief, Audio Division, Media Bureau

I.  **BACKGROUND**

1\. The Media Bureau ("Bureau") has before it for comparative
consideration 26 groups of mutually exclusive applications for new or
modified noncommercial educational ("NCE") FM station construction
permits.[^1] By this Memorandum Opinion and Order ("Order"), the Bureau
performs threshold analyses and identifies the tentative selectee in
each group. Petitions to deny the application of any of these tentative
selectees must be filed within 30 days of the date of release of this
Order.[^2]

1.  The groups addressed in this Order consist of applications that were
    filed or amended in October 2007, during the first filing window for
    NCE FM applications.[^3] These applicants have had an opportunity to
    settle among themselves[^4] and are now subject to a simplified,
    comparative process codified in Part 73, Subpart K, of the
    Commission's Rules (the "Rules").[^5] During the first step of this
    process the Bureau, acting pursuant to delegated authority,[^6] uses
    service area population data and certifications provided by the
    applicants to conduct a threshold analysis.

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II. **THRESHOLD FAIR DISTRIBUTION PROCEDURES**

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2.  A threshold "fair distribution" analysis is performed on mutually
    exclusive NCE FM groups only if applicants within the group propose
    to serve different communities and will provide a new first and/or
    second NCE aural service to a substantial population. In such cases,
    the Bureau, consistent with

Section 307(b) of the Communications Act of 1934, as amended (the
"Act"),[^7] performs a threshold determination as to 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 a first or second reserved band channel NCE aural service to at
least ten percent of the population (in the aggregate), within the
proposed station's service area, provided that the population served is
at least 2,000 people.[^9] An applicant must support its fair
distribution claim with an exhibit identifying the population residing
within the proposed station's 60 dBu service contour and the number of
people that would receive a new first or second NCE aural service.[^10]

3.  If only one applicant qualifies for a "fair distribution"
    preference, the preference is dispositive with respect to
    applications in the group that would serve different communities. If
    more than one applicant in a mutually exclusive group qualifies for
    the preference, we compare each applicant's first service population
    coverage totals.[^11] An applicant will receive a dispositive fair
    distribution preference by proposing a first NCE aural service to at
    least 5,000 more 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,
    any applicant that is comparatively disfavored in terms of
    eligibility or service totals is eliminated. The process ends when
    the Bureau determines that one applicant is entitled to a preference
    or that none of the remaining applicants can be selected or
    eliminated based on a Section 307(b) preference. In the latter case,
    all remaining applicants proceed to a point system analysis.
    Applicants that have received a Section 307(b) preference are
    required to construct and operate technical facilities substantially
    as proposed, and cannot downgrade service to the area on which the
    preference was based for a period of four years of on-air
    operations.[^13]

**III. GROUP-BY-GROUP ANALYSIS**

4.  This Section contains narrative descriptions of our analyses,
    organized chronologically by group number. Unless otherwise noted,
    each component of the analysis is based on information provided by
    each of the respective applicants.[^14]

5.  **Group 306.** This group consists of four applications proposing to
    serve three communities. Greene/Sumter Enterprise Community ("G/S")
    and the Board of Trustees of the University of Alabama
    ("University") both propose service to Livingston, Alabama. Catholic
    Radio Network ("CRN") and Internation Religious and Cultural
    Exchange, Inc. ("IRCE") propose to serve the respective Mississippi
    communities of Dekalb and Meridian. All claim that they are eligible
    for fair distribution preferences.[^15]

6.  All assert that they are entitled to a first NCE service preference.
    The claims of G/S, University, CRN and IRCE to bring a new first NCE
    service to populations of 7,016, 6891, 3,653, and 5,120,
    respectively, are comparable. If no proposal prevails on first
    service, we consider combined first and second NCE service
    population totals. G/S would provide a first or second NCE service
    to 7,601 people (7,016 first service plus 585 second service).
    University would provide a first or second NCE service to 8,118
    people (6,891 first service plus 1,227 second service). CRN would
    provide a first or second NCE service to 13,484 people (3,653 first
    service plus 9,801 second service). IRCE would provide a first or
    second NCE service to 5,120 people (5,120 first service plus no
    second service). Because CRN would provide new NCE service to at
    least 5,000 people more than University's next best proposal, CRN is
    the tentative selectee in Group 306.

7.  **Group 308.** This group is comprised of six applicants for
    different communities in Arkansas. The following three applicants
    claim that they are eligible for fair distribution preferences: Hope
    Radio ("Hope") for West Helena; Enterprise Corporation of the Delta
    ("ECD") for Wheatley; and Mondy Educational Foundation ("Mondy) for
    Southland.[^16] The other applicants, which claim no preference, are
    Appalachian Performing Arts Institute, Inc. ("APAI") for Cabot;
    Hispanic Family Christian Network ("HFCN") for Austin; and Praise
    Temple Way of the Church of Christ, Inc. ("Praise") for Georgetown.
    APAI, HFCN, and Praise are eliminated.

8.  None of the remaining applicants claims a first NCE service
    preference. If no proposal prevails on first service, we consider
    combined first and second NCE service population totals. Hope would
    provide a first or second NCE service to 23,923 people (43 first
    service plus 23,880 second service). ECD would provide a first or
    second NCE service to 13,880 people (no first service plus 13,880
    second service). Mondy would provide a first or second NCE service
    to 9,801 people (no first service plus 9,801 second service).
    Because Hope would provide new NCE service to at least 5,000 more
    people than ECD's next best proposal, Hope is the tentative selectee
    in Group 308.

9.  **Group 321.** This group is comprised of 5 applicants for different
    communities in three states. Three applicants propose service in
    Colorado: San Miguel Educational Fund ("SMEF") for Norwood; Catholic
    Hour, Inc. ("CHI") for De Beque; and Community Radio Project ("CRP")
    for Dove Creek. Kute, Inc. ("Kute") proposes service to Silverton,
    New Mexico. The University of Utah ("UU") proposes to serve Castle
    Valley, Utah.

10. SMEF, CRP, and UU claim that they are eligible for fair distribution
    preferences.[^17] CHI and Kute do not. Accordingly, they are
    eliminated.

11. CRP, the only applicant to make a first NCE service preference
    claim, claims 9,883 people. SMEF and UU state that they are not
    eligible for a first service preference. Accordingly, SMEF and UU
    are eliminated. CRP is the tentative selectee in Group 321.

12. **Group 324.** The four applicants in Group 324 propose service to
    different Colorado communities. RV Ministries, Inc. ("RV") would
    serve Fraser. Fraser Valley Community Media, Inc. ("FVCM") proposes
    to serve Winter Park. The North Fork Angling Society ("NFAS")
    proposes service to Pine. Clear Creek Radio, Inc. ("CCR") proposes
    service to Idaho Springs.

13. As a preliminary matter, we deny the Joint Request for Waiver of
    CCR, FVCM, NFAS, and RV (the "Joint Parties"). The Joint Parties
    request a waiver of Section 73.509 of the Rules[^18] to treat Group
    324 as three separate groups based on terrain shielding. They claim
    that as a result of the terrain and topography around the proposed
    transmitter sites, no interference would occur among these proposed
    stations except between the facilities proposed by FVCM and RV.
    Accordingly, the Joint Parties argue that we should treat CCR and
    NFAS as singleton applications, and treat FVCM and RV as a
    two-application group.

14. An applicant for waiver "faces a high hurdle, even at the starting
    gate."[^19] While the Commission must consider carefully all waiver
    requests, such requests must be supported by a compelling showing in
    order to be granted.[^20] Joint Parties have not made this showing.
    Terrain shielding, whether resulting from the Continental Divide or
    any other mountain range or ridge line, is a common aspect of FM
    signal propagation. It is a phenomenon which affects hundreds of
    stations. Thus, the waiver sought by Joint Parties could have far
    reaching consequences in terms of the Commission's enforcement of
    Section 73.509. Accordingly, this proposal would be better
    considered in the context of notice and comment rulemaking
    procedures. Moreover, Joint Parties reliance on *The Board of
    Trustees of the Leland Stanford Jr. University, Stanford, CA,*[^21]
    is misplaced. The Section 73.509 waiver in that case was not based
    on terrain shielding. Moreover, the holding of *Stanford University*
    conflicts with subsequent Commission pronouncements rejecting the
    creation of new Section 73.509 overlap caused where none existed
    previously.[^22] Accordingly, we will apply our traditional fair
    distribution analysis to this four-application group.

15. RV and CCR state that they are not eligible for a fair distribution
    preference. Accordingly, they are eliminated. NFAS claims, but does
    not document that it is entitled to a fair distribution preference.
    NFAS's fair distribution exhibit states only that "the station will
    cover the village of Pine with a 60 dBu field strength and therefore
    will reach 100 percent of the population." NFAS does not identify
    the number of people who would receive a first or second service.
    Thus, we are not able to determine whether it satisfies the 10
    percent threshold and 2,000-person minimum criteria, or to make a
    comparative determination. In contrast, FVCM asserts and timely
    documents that it is eligible for a fair distribution
    preference.[^23] Accordingly, NFAS is eliminated and FVCM is the
    tentative selectee in Group 324.

16. **Group 330.** This group consists of five applications proposing to
    serve three different communities in Florida. Indiana Community
    Radio Corporation ("ICR"), Back Woods Communications ("BWC"), and
    Serendipity Educational Broadcasting, Inc. ("Serendipity") all
    propose service to Jasper. Oscar Aguero Ministry ("OAM") would serve
    Lee, and Reach Communications, Inc. ("Reach") would serve Live Oak.
    Each applicant, except BWC, claims that it is eligible for a fair
    distribution preference.[^24] Accordingly, BWC is eliminated. ICRC,
    while claiming that it is eligible for a fair distribution
    preference, submits only a map with no numbers to support its claim.
    ICRC states elsewhere in its application that its 60 dBu contour
    encompasses 30,169 people, but it does not identify the number of
    people who would receive a first or second service. Thus, we are not
    able to determine whether it satisfies the 10 percent threshold and
    2,000-person minimum criteria, or to make a comparative
    determination. ICRC is, thus, eliminated.

17. All of the remaining applicants assert that they are entitled to a
    first NCE service preference. OAM, Serendipity, and Reach propose
    first NCE services to respective populations of 8,496, 7,862, and
    10,117. These claims are comparable and we, therefore, proceed to
    examine combined first and second NCE service population totals. OAM
    would provide a new first or second NCE service to 17,808 people
    (8,496 first service plus 9,312 second service). Serendipity would
    provide a new first or second NCE service to 11,674 people (7,862
    first service plus 3,812 second service); and Reach to 40,370 people
    (10,017 first service plus 36,353 second service). Because Reach
    proposes new service to at least 5,000 more people than OAM's next
    best proposal for a different community, Reach is the tentative
    selectee in Group 330.

18. **Group 335.** This group consists of seven applications proposing
    to serve five different communities in Florida. Templo Apostoles y
    Profetas Bethel ("TAPB") proposes service to Flamingo. Call
    Communications ("Call") has two applications in this group, one for
    Duck Key and the other for Key Largo. Calvary Fellowship, Inc.
    ("CFI") and Reach Communications, Inc. ("Reach") both propose to
    serve Layton. Educational Public Radio, Inc. ("EPR") and Cultural
    Renewal Radio, UA ("CRR") both propose service to Islamorada. EPR,
    Reach, and CRR claim that they are eligible for a fair distribution
    preference. The other four applicants do not and are eliminated when
    compared to eligible applicants for different communities. EPR,
    while claiming that it is eligible for a fair distribution
    preference, submits only a map with no numbers to support its claim.
    EPR states elsewhere in its application that its 60 dBu contour
    encompasses 3,763 people, but it does not identify the number of
    people who would receive a first or second service. Thus, we are not
    able to determine whether it satisfies the 10 percent threshold and
    2,000-person minimum criteria, or to make a comparative
    determination. Accordingly, EPR is eliminated. The only two
    applications eligible to proceed to the next stage of the fair
    distribution analysis are Reach's Layton proposal and CRR's
    Islamorada proposal.[^25]

19. Reach and CRR both assert that they are entitled to a first NCE
    service preference. Reach is mistaken because its proposed first
    service to 1,827 people does not meet the 2,000 minimum criterion.
    CRR proposed a first NCE service to 2,298 people, which satisfies
    both the 10 percent threshold and 2,000-person minimum criteria.
    Accordingly, Reach is eliminated and CRR is the tentative selectee
    in Group 335.

20. **Group 343.** There are 11 applications for different communities
    in Group 343. Eight of the applicants propose to serve communities
    in Iowa. Those applicants are Refuge Media Group ("Refuge") for
    Spirit Lake; Shining Light Ministries ("SLM") for Spencer; Minn-Iowa
    Christian Broadcasting, Inc. ("Minn-Iowa") for Thompson; Iowa Lakes
    Community College ("ILCC") for Estherville; Iowa State University of
    Science and Technology ("Iowa State") for Storm Lake; Western Iowa
    Tech Community College ("WIT") for Moville; Calvary Iowa City
    ("CIC") for Correctionville; and Shredding the Darkness ("STD") for
    Pierson. The other three applicants in Group 343 propose to serve
    communities in Minnesota. Minnesota Public Radio ("MPR") would serve
    Jackson. United Food and Commercial Workers Local 1161 ("UFCW")
    would serve Brewster. Martin County Knights of Columbus, Inc.
    ("Knights") would serve Fairmont. Eight of the applicants claim to
    be eligible for a fair distribution preference and submit supporting
    documentation.[^26] STD and UFCW do not claim to be eligible for a
    preference and, thus, are eliminated. SLM, while claiming that it is
    eligible for a fair distribution preference based on a second
    service, submits only a map with no numbers to support its claim.
    SLM states elsewhere in its application that its 60 dBu contour
    encompasses 71,328 people, but it does not identify the number of
    people who would receive a first or second service. Thus, we are not
    able to determine whether it satisfies the 10 percent threshold and
    2,000-person minimum criteria, or to make a comparative
    determination. SLM is, thus, eliminated.

21. Iowa State, CIC, and Knights assert that they are entitled to a
    first NCE service preference. Refuge, Minn-Iowa, ILCC, MPR, and WIT
    do not and, thus, are eliminated. Iowa State, CIC, and Knights
    propose a first NCE service to 6,597 people, 7,685 people, and
    18,622 people, respectively. Because Knights would provide new NCE
    service to 5,000 more listeners than CIC, the next best proposal,
    Knights is the tentative selectee in Group 343.

22. **Group 348.** This group consists of six applicants for different
    communities in Illinois and Kentucky. The Illinois applicants are:
    Saving Children, Inc. ("SCI") for Kincaid; Network of Glory, LLC
    ("Glory") for Hillsboro; Bloomington Normal Broadcasting Corporation
    ("Bloomington") for Pana; Donnellson SDA Church ("Donnellson") for
    Nokomis; and Nassuna Broadcasting, Inc. ("Nassuna") for Panama. The
    Kentucky applicant is East West Crossculture Education ("EWCE") for
    Union. All of the applicants, except Nassuna, claim that they are
    eligible for a fair distribution preference[^27] and a preference
    based on new first NCE service. Accordingly, Nassuna is eliminated.

23. SCI, Glory, Bloomington, Donnellson, and EWCE respectively claim to
    provide a new first NCE service to 7,092 people, 6,197 people, 6,263
    people, 5,123 people, and 7,204 people. These claims are comparable
    and we, therefore, proceed to examine combined first and second NCE
    service population totals. SCI would provide a new first or second
    NCE service to 34,756 people (7,092 first service plus 27,664 second
    service). Glory would provide a new first or second NCE service to
    25,943 people (6,197 first service plus 19,746 second service).
    Bloomington would provide a new first or second NCE service to
    14,592 people (6,263 first service plus 8,329 second service).
    Donnellson would provide a new first or second NCE service to 25,367
    people (5,123 first service plus 20,244 second service). EWCE would
    provide a new first or second NCE service to 7,204 people (7,204
    first service plus no second service). Because SCI proposes new
    service to at least 5,000 more people than Glory, the next best
    proposal, SCI is the tentative selectee in Group 348.

24. **Group 352.** Group 352 consists of ten applications for seven
    different communities in Indiana. The applicants and their proposed
    communities are: Community Impact Foundation, Inc. ("CIF") for
    Seymour; Linda Jerome Foundation ("Jerome") for North Vernon;
    Indiana Community Radio Corporation ("ICR") for Seymour; Hoosier
    Broadcasting Corporation ("HBC") for Bloomington; Good Samaritan
    Educational Radio, Inc. ("GSER") for Brownstown; Covenant Network
    ("Covenant") for Seymour; Community Radio for Hoosiers, Inc. ("CRH")
    for Seymour; Bloomington Knights of Columbus Home Association
    ("BKC") for Spencer; Basalt of the Earth, Inc. ("Basalt") for
    Crothersville; and Brycc House, Inc. ("Brycc") for Marysville.

25. Five of the applicants claim that they are eligible for a fair
    distribution preference but only three of the five (GSER, Covenant,
    and BKC) support their claims.[^28] Although ICR and HBC also claim
    to be eligible for a fair distribution preference based on new first
    service, neither states how many people it would provide with its
    claimed first service, and thus we are not able to determine whether
    either satisfies the 10 percent threshold and 2000-person minimum
    criteria. ICR and HBC are eliminated. Similarly eliminated are five
    applicants that claimed no fair distribution preference: CIF;
    Jerome; CRH; Basalt; and Brycc.

26. Of the three remaining applicants, only GSER claims a preference
    based on first service. GSER's is mistaken, however, because its
    proposed first service to 1,731 people does not satisfy the
    2,000-person minimum. If no proposal prevails on first service, we
    consider combined first and second NCE service population totals.
    GSER would provide a first or second NCE service to 4,855 people
    (1,731 first service plus 3,124 second service); Covenant to 35,865
    people (2,371 first service plus 33,494 second service); and BKC to
    26,173 people (292 first service plus 25,781 second service).
    Because Covenant's proposal would provide new NCE service to at
    least 5,000 people more than BKC, the next best proposal, Covenant
    is the tentative selectee in Group 352.

27. **Group 355.** Six of the seven applicants in Group 355 specify
    communities in Kentucky: Mountain Radio Media ("MRM") for
    Manchester; Bowling Green Community Broadcasting, Inc. ("BGCB") for
    Somerset; Corbin Independent Schools ("CIS") for Corbin; Educational
    Media Foundation ("EMF") for McKee; Goodnews Outreach, Go, Inc.
    ("GO") for London; and Whitley County Board of Education ("WCBE")
    for Williamsburg. The seventh applicant in the group, Corporation
    for Radio Education ("CRE") proposes service to Jellico, Tennessee.

28. Four applicants claim that they are eligible for a fair distribution
    preference, but only three of them (CIA, EMF, and WCBE) document
    their claims.[^29] Although MRM also claims to be eligible, it does
    not state how many people it would provide with first or second
    service. Thus, we are not able to determine whether it satisfies the
    10 percent threshold and 2000-person minimum criteria or to make a
    comparative determination.[^30] Accordingly, MRM is eliminated. Also
    eliminated are BGCB, GO, and CRE, all of which acknowledge that they
    are not eligible for a fair distribution preference.

29. Of the remaining applicants, only CIS and EMF claim a preference
    based on first service. WCBE does not. Accordingly, WCBE is
    eliminated. CIS would provide a new first NCE service to 8,704
    people. EMF proposes a new first NCE service to 24,526 people.
    Because EMF's proposal would provide new first NCE service to at
    least 5,000 people more than CIS's proposal, EMF is the tentative
    selectee in Group 355.

30. **Group 358.** In this group of nine applications, six propose to
    serve different communities in Louisiana: Serendipity Educational
    Broadcasting, Inc. ("Serendipity) for Empire; Educational Media
    Foundation ("EMF") for Bogalusa; Centro Cristiano de Vida Eterna
    ("CCVE") for Home Place; Louisiana Educational Television Authority
    ("Authority") for Covington; New Horizon Christian Fellowship
    ("NHCF") for Pearl River; and Southeastern Louisiana University
    ("SLU") for Abita Springs. The other three applications in this
    group propose to serve different communities in Mississippi:
    Community Impact Foundation, Inc. ("CIF") for Orange Grove; Moore
    Community House, Inc. ("Moore") for Picayune; and Family Life
    Broadcasting, Inc. ("FLB") for Long Beach.

31. EMF, Authority, NHCF, SLU, and Moore claim that they are eligible
    for a fair distribution preference.[^31] Serendipity, CCVE, CIF, and
    FLB do not and are eliminated. The respective new first NCE services
    claimed by EMF, Authority, NHCF, SLU, and Moore are 26,779 people,
    15,483 people, 32,375 people, 14,109 people, and 16,694 people.
    Because NHCF proposes new first NCE service to at least 5,000 people
    more than EMF's next best proposal, NHCF is the tentative selectee
    in Group 358.

32. **Group 361.** In this group, eight applicants propose service to
    five different communities in Louisiana. Louisiana Community
    Development Capital Fund, Inc. ("Fund") proposes service to Central
    City. Educational Media Foundation ("EMF") would serve Morgan City.
    Grace Educational Group, Inc. ("Grace") specifies White Castle.
    Community Broadcasting, Inc. ("CBI"), Baton Rouge Progressive
    Network ("BRPN"), and Louisiana Educational Television Authority
    ("Authority") all propose service to Walker. Baton Rouge Acorn
    ("Acorn") and The Foundation of Mary ("FM") both propose service to
    Denham Springs.

33. EMF, and Grace claim eligibility for a fair distribution preference.
    [^32] The others do not. Accordingly, Fund, CBI, BRPN, Authority,
    Acorn, and FM are eliminated. EMF andGrace would provide a
    comparable new first service to 53,963 people and 54,374 people,
    respectively. If no proposal prevails on first service, we consider
    combined first and second NCE service population totals. EMF would
    provide a first or second NCE service to 69,743 people (55,963 first
    service plus 15,780 second service); and Grace to 77,114 people
    (54,374 first service plus 22,840 second service). Because Grace's
    proposal would provide new NCE service to at least 5,000 people more
    than EMF, the next best proposal, Grace is the tentative selectee in
    Group 361.

34. **Group 369.** This group consists of six applications for different
    communities in Michigan: Lansing Community College ("LCC") for
    Durand; Pensacola Christian College, Inc. ("PCC") for Gaines; Smile
    FM ("Smile") for Harbor Beach; Flint Acorn ("Acorn") for Flint;
    Marian Catechists of Michigan ("Marian") for Milford; and American
    Educational Broadcasting, Inc. ("AEB") for Swartz Creek. Smile and
    Marian claim that they are eligible for a fair distribution
    preference.[^33] The others do not. Accordingly, LCC, PCC, Acorn,
    and AEB are eliminated. Smile would provide a first NCE service to
    10,517 people. Marian does not propose any first service.
    Accordingly, Marian is eliminated. Smile is the tentative selectee
    in Group 369.

35. **Group 370.** In this group, five applicants seek to serve
    different communities in Michigan. Saidnewsfoundation ("SNF")
    proposes to serve Hastings. Lansing Community College ("LCC")
    proposes to serve Nashville. Bridgebuilders International Leadership
    Network ("BILN") proposes service to Battle Creek. Veritas
    Communications Corporation ("Veritas") would serve Athens. Larlen
    Communications, Inc. ("Larlen") proposes to serve Assyria. LCC,
    BILN, Veritas, and Larlen claim that they are eligible for a fair
    distribution preference.[^34] SNF does not and is eliminated. LCC
    and Veritas assert that they are entitled to a first NCE service
    preference. BILN and Larlen do not. Accordingly, BILN and Larlen are
    eliminated.

36. LCC would provide a new first NCE service to 3,538 people, and
    Veritas to 3,245 people. These first service claims are comparable.
    If no proposal prevails on first service, we consider combined first
    and second NCE service population totals. LCC would provide a first
    or second NCE service to 20,361 people (3,538 first service plus
    16,823 second service) and Veritas to 28,179 people (3,245 first
    service plus 24,934 second service). Because Veritas would provide
    new NCE service to at least 5,000 people more than LCC, Veritas is
    the tentative selectee in Group 370.

37. **Group 372.** This group consists of seven applications for six
    different communities in Minnesota. Southern Minnesota Catholic
    Radio ("SMCR") has two applications in the group, one for Owatonna
    and the other for Saint Peter. Shining Light Ministries ("SLM") and
    Minnesota Public Radio ("MPR") both propose to serve Mankato. The
    other applicants are Interactive Ministry ("IM") for Le Sueur,
    Minn-Iowa Christian Broadcasting ("Minn-Iowa") for Waseca, and
    Refuge Media Group ("Refuge") for Belle Plaine.

38. Minn-Iowa, Refuge, and both SMCR applications claim eligibility for
    a fair distribution preference.[^35] The others do not. Accordingly,
    IM, SLM, and MPR are eliminated. Minn-Iowa would provide a new first
    NCE service to 18,318 people. SMCR's Owatonna proposal would provide
    a new first service to 7,098 people. Refuge and SMCR's Saint Peter
    proposal do not claim to provide new first service and, thus, are
    eliminated. Because Minn-Iowa's proposal would provide new first NCE
    service to at least 5,000 people more than SMCR's proposal for
    Owatonna, Minn-Iowa is the tentative selectee in Group 372.

39. **Group 373.** In this group, four applicants seek to serve three
    different communities in Minnesota. Crown College ("Crown") proposes
    to serve Young America. Key to Life Center ("Key") proposes to serve
    Waconia.[^36] We Have This Hope Christian Radio, Inc. ("Hope") and
    Nassuna Broadcasting, Inc. ("Nassuna") both propose service to
    Hutchinson. All of the applicants claim that they are eligible for a
    fair distribution preference.[^37] Key, Hope, and Nassuna assert
    that they are entitled to a first NCE service preference. Crown does
    not and is eliminated. Key would provide a new first NCE service to
    5,189 people, Hope to 3,442 people, and Nassuna to 7,904 people.
    These first service claims are comparable.

40. If no proposal prevails on first service, we consider combined first
    and second NCE service population totals. Key would provide a first
    or second NCE service to 25,437 people (5,189 first service plus
    20,248 second service). Hope would provide a new first or second NCE
    service to 13,788 people (3,442 first service plus 10,346 second
    service) and Nassuna to 7,904 people (all first service). Because
    Key would provide new NCE service to at least 5,000 people more than
    Hope, the next best proposal, Key is the tentative selectee in Group
    373.

41. **Group 376.** This group consists of eight applications for six
    different communities in Illinois and Missouri. The Illinois
    applicants are Covenant Network ("CN") for Sparta; Educational Media
    Foundation ("EMF") for Red Bud; and Joshua Springs Calvary Chapel
    ("JSCC") for Prairie Du Rocher. Among the Missouri applicants,
    Believer's Broadcasting Corporation ("BBC") and Colina Alta
    Ministries ("Colina") both propose to serve Farmington. Serendipity
    Educational Broadcasting, Inc. ("Serendipity") and Missouri New
    Culture Center ("MNCC") both propose service to Deslodge, Missouri.
    Friends in Radio Evangelism, Inc. ("FRE") would serve Leadington,
    Missouri. All of the applicants propose new stations, except for EMF
    which proposes a major change to its licensed station KHRI(FM). CN,
    EMF, and MNCC claim that they are eligible for a fair distribution
    preference.[^38] The others do not. Accordingly, JSCC, BBC,
    Serendipity, FRD, and Colina are eliminated. CN and EMF assert that
    they are entitled to a first NCE service preference. MNCC does not
    and is eliminated. CN would provide a new first NCE service to
    27,458 people and EMF to 28,981 people. These first service claims
    are comparable.

42. If no proposal prevails on first service, we consider combined first
    and second NCE service population totals. CN would provide a first
    or second NCE service to 36,659 people (27,458 first service plus
    9,201 second service). EMF would provide a new first or second NCE
    service to 28,981 people (all first service). Because CN would
    provide new NCE service to at least 5,000 people more than EMF's
    next best proposal, CN is the tentative selectee in Group 376.

43. **Group 378.** The three applicants in this group propose service to
    different communities in Montana. Mission Valley Christian
    Fellowship of San Diego ("MVCF") proposes service to Bridger, Better
    Public Broadcasting Association ("BPBA") to Pryor; and University of
    Wyoming ("UW") to Big Horn. MVCF and BPBA claim that they are
    eligible for a fair distribution preference.[^39] UW does not and is
    eliminated.

44. Both of the remaining applicants assert that they are entitled to a
    first NCE service preference. MVCF and BPBA would provide a new
    first NCE service to 7,098 people, and 17,053 people, respectively.
    Because BPBA would provide a new first NCE service to at least 5,000
    people more than MVCF, BPBA is the tentative selectee in Group 378.

45. **Group 386.** In this group seven applicants propose service to
    five different communities in New Jersey. WYRS Broadcasting ("WYRS")
    and Hispanic Family Christian Network, Inc. ("HFCN") respectively
    propose service to Lakehurst and Lake Hurst, apparently the same
    community. Princeton Community Television ("PCTV") and Al Dia
    Foundation ("Al Dia") both propose service to Princeton. Pensacola
    Christian College ("PCC"), Domestic Church Media Foundation ("DCM"),
    and Hope Christian Church of Marlton, Inc. ("Hope") respectively
    propose service to Hightstown, Roosevelt, and New Egypt. WYRS, PCC,
    DCM, and Hope claim that they are eligible for a fair distribution
    preference.[^40] The others do not. Accordingly, PCTV, Al Dia, and
    HFCN are eliminated when compared to eligible applicants for
    different communities.

46. WYRS, DCM, and Hope assert that they are entitled to a first NCE
    service preference. PCC does not. Accordingly, PCC is eliminated.
    WYRS, DCM, and Hope claim respective first NCE service to 31,529
    people, 24,389 people, and 12,774 people. Because WYRS would provide
    a new first NCE service to at least 5,000 people more than DCM, the
    next best proposal, WYRS is the tentative selectee in Group 386.

47. **Group 402.** In this group, the KBOO Foundation ("KBOO") proposes
    service to The Dalles, Oregon, and Washington State University
    ("WSU") proposes service to Goldendale, Washington. Both claim
    eligibility for a fair distribution preference and propose a new
    first NCE service.[^41] KBOO proposes a new first NCE service to
    20,757 people. WSU states that it would provide a new first NCE
    service to 26,528 people. Because WSU would provide a new first NCE
    service to at least 5,000 people more than KBOO, WSU is the
    tentative selectee in Group 402.

48. **Group 419.** This group is comprised of six applications proposing
    service to three different communities in Tennessee. Corporation for
    Radio Education, Inc. ("CRE") and Roane State Community College
    ("Roane") both propose to serve Crossville. Cookeville Christian
    Broadcasting ("CCB"), American Family Association ("AFA"), and
    Catholic Social Club of Putnam County Tennessee ("CSC") all propose
    service to Cookeville. Way-FM Media Group, Inc. ("Way-FM") would
    serve Algood. Only Way-FM and CSC claim eligibility for a fair
    distribution preference.[^42] CRW, Roane, CCB, and AFA are
    eliminated when compared to eligible applicants for different
    communities.

49. Neither Way-FM nor CSC claims to be eligible for a preference based
    on first service. If no proposal prevails on first service, we
    consider combined first and second NCE service population totals.
    Way-FM would provide a first or second NCE service to 18,297 people
    (no first service plus 18,297 second service). CSC would provide a
    new first or second NCE service to 23,413 people (816 first service
    plus 22,597 second service). Because CSC would provide new NCE
    service to at least 5,000 people more than Way-FM's next best
    proposal, CSC is the tentative selectee in Group 419.

50. **Group 420.** This is a group of five applications proposing
    service to four communities. Southern Cultural Foundation ("SCF")
    proposes to serve Burkesville, Kentucky. Nashville Public Radio
    ("NPR") and Rural Tennessee Educational Foundation ("RTEF") both
    propose to serve Crossville, Tennessee. Corporation for Radio
    Education, Inc. ("CRE") would serve Spring City, Tennessee and
    Calvary Chapel of Knoxville ("CCK") would serve Sunbright,
    Tennessee. NPR and CCK claim eligibility for a fair distribution
    preference.[^43] The others do not. Accordingly, SCF, CRE, and RTEF
    are eliminated when compared to eligible applicants for different
    communities.

51. Neither NPR nor CCK claims to be eligible for a preference based on
    first service. If no proposal prevails on first service, we consider
    combined first and second NCE service population totals. NPR would
    provide a first or second NCE service to 11,500 people (1,900 first
    service plus 9,600 second service). CCK would provide a new first or
    second NCE service to 55,147 people (931 first service plus 54,216
    second service). Because CCK would provide new NCE service to at
    least 5,000 people more than NPR, CCK is the tentative selectee in
    Group 420.

52. **Group 424.** This group consists of three applications for two
    different communities in Texas. Dalhart Community Radio ("DCR") and
    Centro de Milagros Congregation, Inc. ("CMC") both propose to serve
    Dalhart. Catholic Radio of the Texas High Plains ("CRT") proposes to
    serve Channing. Only CRT claims eligibility for a fair distribution
    preference.[^44] The others do not. Accordingly, DCR and CMC are
    eliminated. CRT is the tentative selectee in Group 424.

53. **Group 427.** This is a group of 12 applications. Four of the
    applicants propose to serve different communities in Oklahoma: the
    University of Oklahoma ("UO") for McAlester; Eastern Oklahoma State
    College ("EOSC") for Wilburton; One Creek Valley Church, Inc. ("One
    Creek") for Hugo; and Russell Ministries, Inc. ("Russell") for
    Savanna. The other eight applications propose to serve three
    communities in Texas. Millennium Broadcasting Corporation
    ("Millennium") has two applications in this group, one for Paris and
    the other for Sulphur Springs. Iglesia Jesuscristo es Mi Refugio,
    Inc. ("IJMR") also proposes to serve Sulphur Springs. The following
    applicants also propose service to Paris: The Old Paths Broadcast,
    Inc. ("Paths"), Iglesia Cristiana Ebenezer ("ICE"), Bible
    Broadcasting Network, Inc. ("BBN"), and the City of Paris, Texas
    ("City"). The Johnson Foundation ("Johnson") proposes to serve
    Bonham.

54. Seven of the applicants (UO, EOSC, One Creek, Russell, Paths, BBN,
    and City) claim to be eligible for a fair distribution preference
    and provide information to support their claims.[^45] IJMR, Johnson,
    and ICE do not claim eligibility, and are dismissed when compared to
    applicants for other communities. Millennium, while claiming that
    both of its applications are eligible for a fair distribution
    preference and providing maps, does not identify the number of
    people that would receive a first or second service. Thus, we are
    not able to determine whether either Millennium application
    satisfies the 10 percent threshold and 2,000-person minimum
    criteria, or to make a comparative determination. We are, thus,
    eliminating both of Millennium's applications.

55. Of the remaining applicants, UO, EOSC, One Creek, and Russell claim
    that they are eligible for preferences based on new first NCE
    service to the following respective populations: 6,545 people; 6,599
    people; 15,894 people; and 9,567 people. Paths, BBN, and City do not
    claim to provide new first service and, thus, are eliminated.
    Because One Creek would provide new first NCE service to at least
    5,000 people more than Russell, the next best proposal, One Creek is
    the tentative selectee in Group 427.

56. **Group 429.** The seven applicants in this group propose to serve
    six different communities in Texas. Oscar Aguero Ministry ("OAM")
    and Radio Bilingue, Inc. ("RBI") both propose service to Batesville.
    The other applicants in this group are Texas Public Radio ("TPR")
    for Uvalde; He's Alive, Inc. ("HAI") for Big Wells; New Wine Church
    of San Antonio ("New Wine") for Sabinal; Misioneros Cristianos En
    Accion ("MCA") for Pearsall; and New Streams Ministry, Inc.
    ("Streams") for Hondo. Four of the applicants (OAM, RBI, TPR, and
    HAI) claim to be eligible for a fair distribution preference.[^46]
    The others do not. Accordingly, New Wine, MCA, and Streams are
    eliminated.

57. Of the remaining applicants, OAM, RBI, and TPR claim that they are
    eligible for preferences based on new first NCE service. HAI does
    not and is eliminated. OAM would provide a new first NCE service to
    19,535 people; RBI to 58,218 people; and TPR to 22,033 people.
    Because RBI would provide new first NCE service to at least 5,000
    people more than TPR, the next best proposal, RBI is the tentative
    selectee in Group 429.

58. **Group 435.** The four applicants in this group propose service to
    three different communities in Utah.[^47] Way-FM Media Group, Inc.
    ("Way-FM") proposes service to Provo. Mission Valley Christian
    Fellowship ("MVCF") proposes service to Mona. First Baptist Church
    of Nephi, Utah ("FBCN") and Biblical Ministries Worldwide ("BMW")
    both seek authorizations to serve Nephi. All of the applicants claim
    to be eligible for a fair distribution preference[^48] and to
    provide a new first NCE service. Way-FM would provide a new first
    NCE service to 35,298 people, MVCF to 49,798 people, FBCN to 58,266
    people, and BMW to 48,873 people. Because FBCN would provide new
    first NCE service to at least 5,000 people more than MVCF, the next
    best proposal, FBCN is the tentative selectee in Group 435.

**IV. ADDITIONAL MATTERS**

59. **Acceptability Studies.** Once the Bureau identifies a tentative
    selectee pursuant to the fair distribution process, the next step is
    to consider whether the selectee's application has defects.[^49] If
    found acceptable for filing, public notice of that fact is given,
    and petitions to deny may be filed within 30 days following the
    release of the public notice.

60. The Bureau has studied the applications of all of the tentative
    selectees identified herein and has determined that they are
    acceptable for filing. All of the tentative selectees identified in
    this Order appear to be fully qualified to become the licensee of
    the new or modified NCE FM stations they have proposed. We
    tentatively conclude that the grant of their applications would
    serve the public interest, convenience, and necessity. It is our
    intention to grant the applications if, after a 30-day petition to
    deny period has run, there is no substantial and material question
    concerning the grantability of the tentative selectee's application.
    Such determinations of grantability may, of course, involve
    additional matters that may impact the timing or outcome of a
    decision. For example, a proposal to serve an area near the United
    States border with Canada or Mexico cannot become ripe for grant
    prior to the successful completion of international coordination.

61. **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**

62. 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.[^50] 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.

63. **Group 306.** IT IS FURTHER ORDERED, That the Application filed by
    Catholic Radio Network, Inc. (File No. BNPED-20071019AKZ) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Dekalb, Mississippi.
    If, after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Greene/Sumter
    Enterprise Community (File No. BNPED-20071017AFJ), the Board of
    Trustees of the University of Alabama (File No. BNPED-20071018AQC),
    and Internation Religious and Cultural Exchange, Inc. (File No.
    BNPED-20071019BDM), and TO GRANT the application of Catholic Radio
    Network, Inc. (File No. BNPED-20071019AKZ) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

64. **Group 308.** IT IS FURTHER ORDERED, That the Application filed by
    Hope Radio (File No. BNPED-20071019ASB) is ACCEPTED FOR FILING and
    TENTATIVELY SELECTED to be awarded a construction permit for a new
    NCE FM station in West Helena, Arkansas. If, after a 30-day petition
    to deny period has run, there is no substantial and material
    question concerning the grantability of the tentative selectee's
    application, we intend, by public notice, TO DISMISS the mutually
    exclusive applications of Enterprise Corporation of the Delta (File
    No. BNPED-20071019AWD), Mondy Educational Foundation (File No.
    BNPED-20071022BHG), Appalachian Performing Arts Institute, Inc.
    (File No. BNPED-20071012ADH), Hispanic Family Christian Network
    (File No. BNPED-20071022AMD), and Praise Temple Way of the Church of
    Christ, Inc. (File No. BNPED-20071022BSJ), and TO GRANT the
    application of Hope Radio (File No. BNPED-20071019ASB) CONDITIONED
    UPON that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

65. **Group 321.** IT IS FURTHER ORDERED, That the Application filed by
    Community Radio Project (File No. BNPED-20071022BIU) is ACCEPTED FOR
    FILING and TENTATIVELY SELECTED to be awarded a construction permit
    for a new NCE FM station in Dove Creek, Colorado. If, after a 30-day
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of San Miguel Educational Fund (File
    No. BNPED-20071018AQK), Catholic Hour, Inc. (File No.
    BNPED-20071019BBH), Kute, Inc. (File No. BNPED-20071017AGM), and the
    University of Utah (File No. BNPED-20071019AAO), and TO GRANT the
    application of Community Radio Project (File No. BNPED-20071022BIU)
    CONDITIONED UPON that selectee's compliance with Section 73.7002(c)
    of the Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth
    a four-year period of on-air operations substantially as proposed.

66. **Group 324.** IT IS FURTHER ORDERED, That the parties' Joint
    Request for Waiver IS DENIED and that the Application filed by
    Fraser Valley Community Media, Inc. (File No. BNPED-20071018BDM) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Winter Park,
    Colorado. If, after a 30-day petition to deny period has run, there
    is no substantial and material question concerning the grantability
    of the tentative selectee's application, we intend, by public
    notice, TO DISMISS the mutually exclusive applications of RV
    Ministries, Inc. (File No. BNPED-20071017AHY), the North Fork
    Angling Society (File No. BNPED-20071022AZK), and Clear Creek Radio,
    Inc. (File No. BNPED-20071019AIY), and TO GRANT the application of
    Fraser Valley Community Media, Inc. (File No. BNPED-20071018BDM)
    CONDITIONED UPON that selectee's compliance with Section 73.7002(c)
    of the Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth
    a four-year period of on-air operations substantially as proposed.

67. **Group 330.** IT IS FURTHER ORDERED, That the Application filed by
    Reach Communications, Inc. (File No. BNPED-20071022AKN) is ACCEPTED
    FOR FILING and TENTATIVELY SELECTED to be awarded a construction
    permit for a new NCE FM station in Live Oak, Florida. If, after a
    30-day petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Indiana Community Radio
    Corporation (File No. BNPED-20071012AEZ), Back Woods Communications
    (File No. BNPED-20071012AJA), Serendipity Educational Broadcasting,
    Inc. (File No. BNPED-20071016ACJ), and Oscar Aguero Ministry (File
    No. BNPED-20071015AFW), and TO GRANT the application of Reach
    Communications, Inc. (File No. BNPED-20071022AKN) CONDITIONED UPON
    that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

68. **Group 335.** IT IS FURTHER ORDERED, That the Application filed by
    Cultural Renewal Radio, UA (File No. BNPED-20071022ALP) is ACCEPTED
    FOR FILING and TENTATIVELY SELECTED to be awarded a construction
    permit for a new NCE FM station in Islamorada, Florida. If, after a
    30-day petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Templo Apostoles y Profetas
    Bethel . (File No. BNPED-20071018BBH), Call Communications (File
    Nos. BNPED-20071019ADK and 20071019ADL), Calvary Fellowship, Inc.
    (File No. BNPED-20071022AGM), Reach Communications, Inc. (File No.
    BNPED-20071022AKF), and Educational Public Radio, Inc. (File No.
    BNPED-20071022AJO) and TO GRANT the application of Cultural Renewal
    Radio, UA (File No. BNPED-20071022ALP) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

69. **Group 343.** IT IS FURTHER ORDERED, That the Application filed by
    Martin County Knights of Columbus, Inc. (File No. BNPED-20071022BRF)
    is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Fairmont, Minnesota.
    If, after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Refuge Media Group
    (File No. BNPED-20071012AHX), Shining Light Ministries (File No.
    BNPED-20071012AIX), Minn-Iowa Christian Broadcasting, Inc. (File No.
    BNPED-20071012AJQ), Iowa Lakes Community College (File No.
    BNPED-20071017AGD), Iowa State University of Science and Technology
    (File No. BNPED-20071018AJA), Western Iowa Tech Community College
    (File No. BNPED-20071019AGA), Calvary Iowa City (File No.
    BNPED-20071022BPF), Shredding the Darkness (File No.
    BNPED-20071022BRS), Minnesota Public Radio (File No.
    BNPED-20071016AHO), and United Food and Commercial Workers Local
    1161 (File No. BNPED-20071022AFH), and TO GRANT the application of
    Martin County Knights of Columbus, Inc. (File No. BNPED-20071022BRF)
    CONDITIONED UPON that selectee's compliance with Section 73.7002(c)
    of the Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth
    a four-year period of on-air operations substantially as proposed.

70. **Group 348.** IT IS FURTHER ORDERED, That the Application filed by
    Saving Children, Inc. (File No. BNPED-20071018AQY) is ACCEPTED FOR
    FILING and TENTATIVELY SELECTED to be awarded a construction permit
    for a new NCE FM station in Kincaid, Illinois. If, after a 30-day
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Network of Glory, LLC (File No.
    BNPED-20071019AFJ), Bloomington Normal Broadcasting Corporation
    (File No. BNPED-20071022AFJ), Donnellson SDA Church (File No.
    BNPED-20071022BDO), Nassuna Broadcasting, Inc. (File No.
    BNPED-20071022BMM), and East West Crossculture Education (File No.
    BNPED-20071019AQY), and TO GRANT the application of Saving Children,
    Inc. (File No. BNPED-20071018AQY) CONDITIONED UPON that selectee's
    compliance with Section 73.7002(c) of the Commission's Rules, 47
    C.F.R. § 73.7002(c), which sets forth a four-year period of on-air
    operations substantially as proposed.

71. **Group 352.** IT IS FURTHER ORDERED, That the Application filed by
    Covenant Network (File No. BNPED-20071018BDV) is ACCEPTED FOR FILING
    and TENTATIVELY SELECTED to be awarded a construction permit for a
    new NCE FM station in Seymour, Indiana. If, after a 30-day petition
    to deny period has run, there is no substantial and material
    question concerning the grantability of the tentative selectee's
    application, we intend, by public notice, TO DISMISS the mutually
    exclusive applications of Community Impact Foundation, Inc. (File
    No. BNPED-20071012ADG), Linda Jerome Foundation (File No.
    BNPED-20071012ADR), Indiana Community Radio Corporation (File No.
    BNPED-20071012AGN), Hoosier Broadcasting Corporation (File No.
    BNPED-20071012APM), Good Samaritan Educational Radio, Inc. (File No.
    BNPED-20071015ADY), Community Radio for Hoosiers, Inc. (File No.
    BNPED-20071022AHC), Bloomington Knights of Columbus Home Association
    (File No. BNPED-20071022ASS), Basalt of the Earth, Inc. (File No.
    BNPED-20071022BIP), and Brycc House, Inc. (File No.
    BNPED-20071022BUM), and TO GRANT the application of Covenant Network
    (File No. BNPED-20071018BDV) CONDITIONED UPON that selectee's
    compliance with Section 73.7002(c) of the Commission's Rules, 47
    C.F.R. § 73.7002(c), which sets forth a four-year period of on-air
    operations substantially as proposed.

72. **Group 355.** IT IS FURTHER ORDERED, That the Application filed by
    Educational Media Foundation (File No. BNPED-20071019AJS) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in McKee, Kentucky. If,
    after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Mountain Radio Media
    (File No. BNPED-20071012APG), Bowling Green Community Broadcasting,
    Inc. (File No. BNPED-20071012ASD), Corbin Independent Schools (File
    No. BNPED-20071015AHP), Goodnews Outreach, Go, Inc. (File No.
    BNPED-20071019ALF), Whitley Country Board of Education (File No.
    BNPED-20071022BJN), and Corporation for Radio Education, Inc. (File
    No. BNPED-20071012AFK), and TO GRANT the application of Educational
    Media Foundation (File No. BNPED-20071019AJS) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

73. **Group 358.** IT IS FURTHER ORDERED, That the Application filed by
    New Horizon Christian Fellowship (File No. BNPED-20071022BAN) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Pearl River,
    Louisiana. If, after a 30-day petition to deny period has run, there
    is no substantial and material question concerning the grantability
    of the tentative selectee's application, we intend, by public
    notice, TO DISMISS the mutually exclusive applications of
    Serendipity Educational Broadcasting, Inc. (File No.
    BNPED-20071016ADA), Educational Media Foundation (File No.
    BNPED-20071017ACK), Centro Cristiano de Vida Eterna (File No.
    BNPED-20071018ABY), Louisiana Educational Television Authority (File
    No. BNPED-20071019APC), Southeastern Louisiana University (File No.
    BNPED-20071022BCQ), Community Impact Foundation, Inc. (File No.
    BNPED-20071012ACS), Moore Community House, Inc. (File No.
    BNPED-20071018ADJ), and Family Life Broadcasting, Inc. (File No.
    BNPED-20071022AJA) and TO GRANT the application of New Horizon
    Christian Fellowship (File No. BNPED-20071022BAN) CONDITIONED UPON
    that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

74. **Group 361.** IT IS FURTHER ORDERED, That the Application filed by
    Grace Educational Group, Inc. (File No. BNPED-20071017ADE) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in White Castle,
    Louisiana. If, after a 30-day petition to deny period has run, there
    is no substantial and material question concerning the grantability
    of the tentative selectee's application, we intend, by public
    notice, TO DISMISS the mutually exclusive applications of Louisiana
    Community Development Capital Fund, Inc. (File No.
    BNPED-20071017ACI), Educational Media Foundation (File No.
    BNPED-20071017ACO), Community Broadcasting, Inc. (File No.
    BNPED-20071017ADE), Baton Rouge Progressive Network (File No.
    BNPED-20071018AQH), Louisiana Educational Television Authority (File
    No. BNPED-20071019AOU), Baton Rouge Acorn (File No.
    BNPED-20071022AIY), and The Foundation of Mary (File No.
    BNPED-20071022AZB), and TO GRANT the application of Grace
    Educational Group, Inc. (File No. BNPED-20071017ADE) CONDITIONED
    UPON that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

75. **Group 369.** IT IS FURTHER ORDERED, That the Application filed by
    Smile FM (File No. BNPED-20071022AQS) is ACCEPTED FOR FILING and
    TENTATIVELY SELECTED to be awarded a construction permit for a new
    NCE FM station in Harbor Beach, Michigan. If, after a 30-day
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Lansing Community College (File
    No. BNPED-20071017AEV), Pensacola Christian College, Inc. (File No.
    BNPED-20071018DFQ), Flint Acorn (File No. BNPED-20071022BDC), Marian
    Catechists of Michigan (File No. BNPED-20071022BKR), and American
    Educational Broadcasting, Inc. (File No. BNPED-20071022BPU) and TO
    GRANT the application of Smile FM (File No. BNPED-20071022AQS)
    CONDITIONED UPON that selectee's compliance with Section 73.7002(c)
    of the Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth
    a four-year period of on-air operations substantially as proposed.

76. **Group 370.** IT IS FURTHER ORDERED, That the Application filed by
    Veritas Communications Corporation (File No. BNPED-20071022AXJ) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Athens, Michigan.
    If, after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Saidnewsfoundation
    (File No. BNPED-20071017AIQ), Lansing Community College (File No.
    BNPED-20071019ADY), Bridgebuilders International Leadership Network
    (File No. BNPED-20071022AKI), and Larlen Communications, Inc. (File
    No. BNPED-20071022BBM), and TO GRANT the application of Veritas
    Communications Corporation (File No. BNPED-20071022AXJ) CONDITIONED
    UPON that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

77. **Group 372.** IT IS FURTHER ORDERED, That the Application filed by
    Minn-Iowa Christian Broadcasting, Inc. (File No. BNPED-20071012AJP)
    is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Waseca, Minnesota.
    If, after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Southern Minnesota
    Catholic Radio (File Nos. BNPED-20071022AOB and 20071022AOE),
    Shining Light Ministries (File No. BNPED-20071012AXN), Minnesota
    Public Radio (File No. BNPED-20071016AHQ), Interactive Ministry
    (File No. BNPED-20071012AEB), and Refuge Media Group (File No.
    BNPED-20071015AFM), and TO GRANT the application of Minn-Iowa
    Christian Broadcasting, Inc. (File No. BNPED-20071012AJP)
    CONDITIONED UPON that selectee's compliance with Section 73.7002(c)
    of the Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth
    a four-year period of on-air operations substantially as proposed.

78. **Group 373.** IT IS FURTHER ORDERED, That the Application filed by
    Key to Life Center (File No. BNPED-20071016AFZ) is ACCEPTED FOR
    FILING and TENTATIVELY SELECTED to be awarded a construction permit
    for a new NCE FM station in Waconia, Minnesota. If, after a 30-day
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications Crown College (File No.
    BNPED-20071015AEU), We Have This Hope Christian Radio, Inc. (File
    No. BNPED-20071022AWQ), and Nassuna Broadcasting, Inc. (File No.
    BNPED-20071022BAV), and TO GRANT the application of Key to Life
    Center (File No. BNPED-20071016AFZ) CONDITIONED UPON that selectee's
    compliance with Section 73.7002(c) of the Commission's Rules, 47
    C.F.R. § 73.7002(c), which sets forth a four-year period of on-air
    operations substantially as proposed.

79. **Group 376.** IT IS FURTHER ORDERED, That the Application filed by
    Covenant Network (File No. BNPED-20071018BDT) is ACCEPTED FOR FILING
    and TENTATIVELY SELECTED to be awarded a construction permit for a
    new NCE FM station in Sparta, Illinois. If, after a 30-day petition
    to deny period has run, there is no substantial and material
    question concerning the grantability of the tentative selectee's
    application, we intend, by public notice, TO DISMISS the mutually
    exclusive applications of Educational Media Foundation (File No.
    BNPED-20071019AZA), Joshua Springs Calvary Chapel (File No.
    BNPED-20071022BJH), Believer's Broadcasting Corporation (File No.
    BNPED-20071016AFX), Colina Alta Ministries (File No.
    BNPED-20071022AHS), Serendipity Educational Broadcasting, Inc. (File
    No. BNPED-20071018AHU, Missouri New Culture Center (File No.
    BNPED-20071019AOX), and Friends in Radio Evangelism, Inc. (File No.
    BNPED-20071019AFI), and TO GRANT the application of Covenant Network
    (File No. BNPED-20071018BDT) CONDITIONED UPON that selectee's
    compliance with Section 73.7002(c) of the Commission's Rules, 47
    C.F.R. § 73.7002(c), which sets forth a four-year period of on-air
    operations substantially as proposed.

80. **Group 378.** IT IS FURTHER ORDERED, That the Application filed by
    Better Public Broadcasting Association (File No. BNPED-20071018ALX)
    is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Pryor, Montana. If,
    after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Mission Valley
    Christian Fellowship of San Diego (File No. BNPED-20071017ACU), and
    University of Wyoming (File No. BNPED-20071017AEW), and TO GRANT the
    application of Better Public Broadcasting Association (File No.
    BNPED-20071018ALX) CONDITIONED UPON that selectee's compliance with
    Section 73.7002(c) of the Commission's Rules, 47 C.F.R. §
    73.7002(c), which sets forth a four-year period of on-air operations
    substantially as proposed.

81. **Group 386.** IT IS FURTHER ORDERED, That the Application filed by
    WYRS Broadcasting (File No. BNPED-20071018AWR) is ACCEPTED FOR
    FILING and TENTATIVELY SELECTED to be awarded a construction permit
    for a new NCE FM station in Lakehurst, New Jersey. If, after a
    30-day petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Hispanic Family Christian
    Network, Inc. (File No. BNPED-20071022AMC), Princeton Community
    Television (File No. BNPED-20071018AXM), Al Dia Foundation (File No.
    BNPED-20071019ARM), Pensacola Christian College (File No.
    BNPED-20071018DEZ), Domestic Church Media Foundation (File No.
    BNPED-20071022ARF), and Hope Christian Church of Marlton, Inc. (File
    No. BNPED-20071022BEN) and TO GRANT the application of WYRS
    Broadcasting (File No. BNPED-20071018AWR) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

82. **Group 402.** IT IS FURTHER ORDERED, That the Application filed by
    Washington State University (File No. BNPED-20071022AWR) is ACCEPTED
    FOR FILING and TENTATIVELY SELECTED to be awarded a construction
    permit for a new NCE FM station in Goldendale, Washington. If, after
    a 30-day petition to deny period has run, there is no substantial
    and material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive application of the KBOO Foundation (File No.
    BNPED-20071019ARR) and TO GRANT the application of Washington State
    University (File No. BNPED-20071022AWR) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

83. **Group 419.** IT IS FURTHER ORDERED, That the Application filed by
    Catholic Social Club of Putnam County Tennessee (File No.
    BNPED-20071022BSO) is ACCEPTED FOR FILING and TENTATIVELY SELECTED
    to be awarded a construction permit for a new NCE FM station in
    Cookville, Tennessee. If, after a 30-day petition to deny period has
    run, there is no substantial and material question concerning the
    grantability of the tentative selectee's application, we intend, by
    public notice, TO DISMISS the mutually exclusive applications of
    Corporation for Radio Education, Inc. (File No. BNPED-20071012AFX),
    Roane State Community College (File No. BNPED-20071022AEL),
    Cookeville Christian Broadcasting (File No. BNPED-20071018AHZ),
    American Family Association (File No. BNPED-20071018DEJ), and Way-FM
    Media Group, Inc. (File No. BNPED-20071018DEH), and TO GRANT the
    application of Catholic Social Club of Putnam County Tennessee (File
    No. BNPED-20071022BSO) CONDITIONED UPON that selectee's compliance
    with Section 73.7002(c) of the Commission's Rules, 47 C.F.R. §
    73.7002(c), which sets forth a four-year period of on-air operations
    substantially as proposed.

84. **Group 420.** IT IS FURTHER ORDERED, That the Application filed by
    Calvary Chapel of Knoxville (File No. BNPED-20071022BAX) is ACCEPTED
    FOR FILING and TENTATIVELY SELECTED to be awarded a construction
    permit for a new NCE FM station in Sunbright, Tennessee. If, after a
    30-day petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Southern Cultural Foundation
    (File No. BNPED-20071022AKX), Nashville Public Radio (File No.
    BNPED-20071017AEY), Rural Tennessee Educational Foundation (File No.
    BNPED-20071022AAA) and Corporation for Radio Education, Inc. (File
    No. BNPED-20071012AHC), and TO GRANT the application of Calvary
    Chapel of Knoxville (File No. BNPED-20071022BAX) CONDITIONED UPON
    that selectee's compliance with Section 73.7002(c) of the
    Commission's Rules, 47 C.F.R. § 73.7002(c), which sets forth a
    four-year period of on-air operations substantially as proposed.

85. **Group 424.** IT IS FURTHER ORDERED, That the Application filed by
    Catholic Radio of the Texas High Plains (File No. BNPED-20071022AOQ)
    is ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Channing, Texas. If,
    after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Dalhart Community
    Radio (File No. BNPED-20071012ASM), and Centro de Milagros
    Congregation, Inc. (File No. BNPED-20071022ACG), and TO GRANT the
    application of Catholic Radio of the Texas High Plains (File No.
    BNPED-20071022AOQ) CONDITIONED UPON that selectee's compliance with
    Section 73.7002(c) of the Commission's Rules, 47 C.F.R. §
    73.7002(c), which sets forth a four-year period of on-air operations
    substantially as proposed.

86. **Group 427.** IT IS FURTHER ORDERED, That the Application filed by
    One Creek Valley Church, Inc. (File No. BNPED-20071022AON) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Hugo, Oklahoma. If,
    after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of the University of
    Oklahoma (File No. BNPED-20071018ACW), Eastern Oklahoma State
    College (File No. BNPED-20071018ATM), Russell Ministries, Inc. (File
    No. BNPED-20071022AQF), Millennium Broadcasting Corporation (File
    Nos. BNPED-20071019ACB and BNPED-20071022AAR), Iglesia Jesuscristo
    es Mi Refugio, Inc. (File No. BNPED-20071017AIE), The Old Paths
    Broadcast, Inc. (File No. BNPED-20071015AES), Iglesia Cristiana
    Ebenezer (File No. BNPED-20071018AZV), Bible Broadcasting Network,
    Inc. (File No. BNPED-20071019APX), the City of Paris, Texas (File
    No. BNPED-20071019AYA), and the Johnson Foundation (File No.
    BNPED-20071018AMY), and TO GRANT the application of One Creek Valley
    Church, Inc. (File No. BNPED-20071022AON) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

87. **Group 429.** IT IS FURTHER ORDERED, That the Application filed by
    Radio Bilingue, Inc. (File No. BNPED-20071016AFD) is ACCEPTED FOR
    FILING and TENTATIVELY SELECTED to be awarded a construction permit
    for a new NCE FM station in Batesville, Texas. If, after a 30-day
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Oscar Aguero Ministry (File No.
    BNPED-20071015AGI), Texas Public Radio (File No. BNPED-20071016AIP),
    He's Alive, Inc. (File No. BNPED-20071019ATN), New Wine Church of
    San Antonio (File No. BNPED-20071022ACQ), Misioneros Cristianos En
    Accion (File No. BNPED-20071022ACY), and New Streams Ministry, Inc.
    (File No. BNPED-20071022BBK), and TO GRANT the application of Radio
    Bilingue, Inc. (File No. BNPED-20071016AFD) CONDITIONED UPON that
    selectee's compliance with Section 73.7002(c) of the Commission's
    Rules, 47 C.F.R. § 73.7002(c), which sets forth a four-year period
    of on-air operations substantially as proposed.

88. **Group 435.** IT IS FURTHER ORDERED, That the Application filed by
    First Baptist Church of Nephi, Utah (File No. BNPED-20071022AMV) is
    ACCEPTED FOR FILING and TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Nephi, Utah. If,
    after a 30-day petition to deny period has run, there is no
    substantial and material question concerning the grantability of the
    tentative selectee's application, we intend, by public notice, TO
    DISMISS the mutually exclusive applications of Way-FM Media Group,
    Inc. (File No. BNPED-20071012ATH), Mission Valley Christian
    Fellowship (File No. BNPED-20071017ACZ), and Biblical Ministries
    Worldwide (File No. BNPED-20071022BKF), and TO GRANT the application
    of First Baptist Church of Nephi, Utah (File No. BNPED-20071022AMV)
    CONDITIONED UPON that selectee's

compliance with Section 73.7002(c) of the Commission's Rules, 47 C.F.R.
§ 73.7002(c), which sets forth a four-year period of on-air operations
substantially as proposed.

FEDERAL COMMUNICATIONS COMMISSION

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: On June 18, 2008, the Bureau issued a public notice identifying
    148 groups, all of which contained thirteen or fewer mutually
    exclusive NCE FM applications. *See Media Bureau Identifies Groups
    of Mutually Exclusive Applications,* Public Notice, DA 08-1437 (MB
    rel. Jun. 18, 2008). Each of the groups analyzed herein was included
    on that Public Notice.

[^2]: *See* 47 C.F.R. § 73.7004(b).

[^3]: The Bureau suspended further processing of several hundred not
    cut-off new and major change NCE FM applications when the Commission
    imposed a licensing freeze in 2000. To avoid dismissal, these
    applicants were required to submit amendments during the October
    2007 window to provide comparative and other information. *See Media
    Bureau Announces NCE FM New Station and Major Change Filing
    Procedures,* Public Notice, 22 FCC Rcd 15050, 15051 (MB 2007).

[^4]: *See Window Opened to Expedite Grant of New NCE Station
    Construction Permits,* Public Notice, 22 FCC Rcd 19438 (MB 2007).

[^5]: 47 C.F.R. §§ 73.7000 -- 7005.

[^6]: *See* *Comparative Consideration of 76 Groups of Mutually
    Exclusive Applications,* Memorandum Opinion and Order, 22 FCC Rcd
    6101, n.16. *See also* 47 C.F.R. §§ 0.61 and 0.283.

[^7]: *See* 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002; *Reexamination of
    Comparative Standards for Noncommercial Educational Applicants,*
    Report and Order, 15 FCC Rcd 7386, 7397-98 (2000) ("*NCE Order*").

[^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).

[^9]: *See* 47 C.F.R. § 73.7002(b). Applicants were required to use the
    most recently available, *i.e.,* 2000 Census, population data. *See*
    FCC Form 340, Instructions for Section III. An applicant's fair
    distribution showing must be computed as of time of filing (close of
    the filing window for applications filed prior to the window) and
    cannot be enhanced thereafter. *See* 47 C.F.R. § 73.7003(e) and
    (f)(3); *Media Bureau Announces NCE FM New Station and Major Change
    Filing Procedures,* 22 FCC Rcd at 15051 (MB 2007) *Reexamination of
    Comparative Standards for Noncommercial Applicants,* Memorandum
    Opinion and Order, 16 FCC Rcd 5074, 5082-83 (2001) ("*NCE MO&O).*
    However, an applicant that subsequently makes engineering changes
    that would diminish its fair distribution position must amend its
    application to reflect that diminished position. *See* 47 C.F.R. §§
    1.65 and 73.7003(e).

[^10]: *See* FCC Form 340, Instructions for Section III, Questions 1 and
    2; Exhibit 6.

[^11]: *See* 47 C.F.R. § 73.7002(b).

[^12]: *Id.*

[^13]: 47 C.F.R. § 73.7005(b).

[^14]: 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(1) and (2) of their
    applications and associated exhibits.

[^15]: G/S's 60 dBu contour encompasses 7,601 people. G/S's claimed
    aggregated first and second NCE service is all 7,601 people.
    University's 60 dBu contour encompasses 8,118 people. University's
    claimed aggregated first and second NCE service is all 8,118 people.
    CRN's 60 dBu contour encompasses 21,213 people. CRN's claimed
    aggregated first and second NCE service is 13,484 people. *See*
    CRN's Application, Questions III(1), III(2), and associated
    exhibits. IRCE's 60 dBu contour encompasses 43,390 people. IRCE's
    claimed aggregated first and second NCE service is 5,120 people.
    *See* IRCE's Application, Questions III(1), III(2), and associated
    exhibits. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^16]: Hope's 60 dBu contour encompasses 24,997 people. Hope's claimed
    aggregated first and second NCE service is 23,923 people. *See*
    Hope's Application, Questions III(1), III(2), and associated
    exhibits. ECD's 60 dBu contour encompasses 13,965 people. ECD's
    claimed aggregated first and second NCE service is 13,880 people.
    *See* ECD's Application, Questions III(1), III(2), and associated
    exhibits. Mondy's 60 dBu contour encompasses 21,263 people. Mondy's
    claimed aggregated first and second NCE service is 9,801 people.
    *See* Mondy's Application, Questions III(1), III(2), and associated
    exhibits. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^17]: SMEF's 60 dBu contour encompasses 3,725 people. SMEF's claimed
    aggregated first and second NCE service is 2,577 people. *See*
    SMED's Application, Questions III(1), III(2), and associated
    exhibits. CRP's 60 dBu contour encompasses 9,883 people. CRP's
    claimed aggregated first and second NCE service is 9,883 people.
    *See* CRP's Application, Questions III(1), III(2), and associated
    exhibits. UU's 60 dBu contour encompasses 8,454 people. UU's claimed
    aggregated first and second NCE service is all 8,454 people. *See*
    UU's Application, Questions III(1), III(2), and associated exhibits.
    Thus, each would provide combined first and second NCE service to
    ten percent of the population within its 60 dBu contour and to more
    than 2,000 people.

[^18]: 47 C.F.R. § 73.509.

[^19]: *WAIT Radio v. FCC*, 418 F.2d 1153, 1157 (D.C. Cir. 1969).

[^20]: *Greater Media Radio Co., Inc.*, Memorandum Opinion and Order, 15
    FCC Rcd 7090 (1999).

[^21]: 67 FCC 2d 431 (1978) ("*Stanford University*").

[^22]: *See, e.g., Educational Information Corporation*, Memorandum
    Opinion and Order, 12 FCC Rcd 6917, 6918-19 (1997).

[^23]: FVCM's 60 dBu contour encompasses 7,651 people. FVCM's claimed
    aggregated first and second NCE service is all 7,651 people. *See*
    FVCM's Application, Questions III(1), III(2), and associated
    exhibits. Thus, FVCM would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^24]: OAM's 60 dBu contour encompasses 19,692 people. OAM's claimed
    aggregated first and second NCE service is 17,808 people. *See*
    OAM's Application, Questions III(1), III(2), and associated
    exhibits. Serendipity's 60 dBu contour encompasses 11,915 people.
    Serendipity's claimed aggregated first and second NCE service is
    11,674 people. *See* Serendipity's Application, Questions III(1),
    III(2), and associated exhibits. Reach's 60 dBu contour encompasses
    67,521 people. Reach's claimed aggregated first and second NCE
    service is 46,370 people. *See* Reach's Point Supplement, Questions
    III(1), III(2), and associated exhibits. Thus, each would provide
    combined first and second NCE service to ten percent of the
    population within its 60 dBu contour and to more than 2,000 people.

[^25]: Reach's 60 dBu contour encompasses 17,756 people. Reach's claimed
    aggregated first and second NCE service is 3,194 people. *See*
    Reach's Americus Application, Questions III(1), III(2), and
    associated exhibits. CRR's 60 dBu contour encompasses 15,882 people.
    CRR's claimed aggregated first and second NCE service is 3,933
    people. *See* CRR's Application, Questions III(1), III(2), and
    associated exhibits. Thus, each would provide combined first and
    second NCE service to ten percent of the population within its 60
    dBu contour and to more than 2,000 people.

[^26]: The 60 dBu contours of Refuge, Minn-Iowa, ILCC, Iowa State, WIT,
    CIC, MPR, and Knights respectively encompass 27,106 people; 13,193
    people; 46,119 people; 49,176 people, 12,452 people; 61,765 people;
    4,892 people, and 26,431 people. Refuge's claimed aggregated first
    and second NCE service is 14,190 people; Minn-Iowa's 7,165 people;
    ILCC's 16,448 people; Iowa State's 43,739 people; WIT's 10,048
    people; CIC's 7,685 people; MPR's 4,861 people, and Knights' 26,080
    people. *See* Applications, Questions III(1), III(2), and associated
    exhibits. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^27]: The 60 dBu contours of SCI, Glory, Bloomington, Donnellson, and
    EWCE respectively encompass 69,779 people; 51,136 people; 38,728
    people; 50,917 people, and 70,395 people. SCI's claimed aggregated
    first and second NCE service is 34,756 people;Glory's 25,943 people;
    Bloomington's 14,592 people; and Donnellson's 7,204 people. Thus,
    each would provide combined first and second NCE service to ten
    percent of the population within its 60 dBu contour and to more than
    2,000 people.

[^28]: *See* GSER, Covenant, and BKC Applications, Questions III(1),
    III(2), and associated exhibits. GSER's 60 dBu contour encompasses
    4,855 people. GSER's claimed aggregated first and second NCE service
    is all 4,855 people. Covenant's 60 dBu contour encompasses 42,522
    people. Covenant's claimed aggregated first and second NCE service
    is 35,865 people. BKC's 60 dBu contour encompasses 31,181 people.
    BKC's claimed aggregated first and second NCE service is 26,178
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^29]: *See* CIS, EMF, and WCBE Applications, Questions III(1), III(2),
    and associated exhibits. CIS's 60 dBu contour encompasses 65,124
    people. CIS's claimed aggregated first and second NCE service is
    21,063 people. EMF's 60 dBu contour encompasses 160,325 people.
    EMF's claimed aggregated first and second NCE service is 24,526
    people. WCBE's 60 dBu contour encompasses 60,561 people. WCBE's
    claimed aggregated first and second NCE service is 17,844 people.
    Thus, each would provide combined first and second NCE service to
    ten percent of the population within its 60 dBu contour and to more
    than 2,000 people.

[^30]: MRM's original application attempted to support its claim in
    Exhibit 11, consisting of the simple statement that MRM would
    provide a second NCE service to the community of Hazard. Although
    MRM amended that exhibit twice to identify the licensee currently
    providing first service and to explain MRM's educational purpose,
    its application contains no useful first or second population
    numbers.

[^31]: *See* EMF, Authority, NHCF, SLU, and Moore Applications,
    Questions III(1), III(2), and associated exhibits. EMF's 60 dBu
    contour encompasses 50,739 people. EMF's claimed aggregated first
    and second NCE service is 29,250 people. Authority's 60 dBu contour
    encompasses 105,625 people. Authority's claimed aggregated first and
    second NCE service is 42,294 people. NHCF's 60 dBu contour
    encompasses 275,074 people. NHCF's claimed aggregated first and
    second NCE service is 58,854 people. SLU's 60 dBu contour
    encompasses 79,000 people. SLU's claimed aggregated first and second
    NCE service is 37,347 people. Moore's 60 dBu contour encompasses
    64,936 people. Moore's claimed aggregated first and second NCE
    service is 17,535 people. Thus, each would provide combined first
    and second NCE service to ten percent of the population within its
    60 dBu contour and to more than 2,000 people.

[^32]: *See* EMF, and Grace Applications, Questions III(1), III(2), and
    associated exhibits. EMF's 60 dBu contour encompasses 100,504
    people. EMF's claimed aggregated first and second NCE service is
    69,743 people. Grace's 60 dBu contour encompasses 111,560 people.
    Grace's claimed aggregated first and second NCE service is 77,114
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^33]: *See* Smile and Marian Applications, Questions III(1), III(2),
    and associated exhibits. Smile's 60 dBu contour encompasses 46,828
    people, and its claimed aggregated first and second NCE service is
    38,385 people. Marian's 60 dBu contour encompasses 47,146 people,
    and its claimed aggregated first and second NCE service is 18,484
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^34]: *See* LCC, BILN, Veritas, and Larlen Applications, Questions
    III(1), III(2), and associated exhibits. LCC's 60 dBu contour
    encompasses 32,233 people. LCC's claimed aggregated first and second
    NCE service is 20,361people. BILN's 60 dBu contour encompasses
    102,153 people. BILN's claimed aggregated first and second NCE
    service is 80,093 people. Veritas's 60 dBu contour encompasses
    30,492 people. Veritas's claimed aggregated first and second NCE
    service is 28,179 people. Larlen's 60 dBu contour encompasses 32,174
    people. Larlen's claimed aggregated first and second NCE service is
    21,103 people. Thus, each would provide combined first and second
    NCE service to ten percent of the population within its 60 dBu
    contour and to more than 2,000 people.

[^35]: *See* Minn-Iowa, Refuge, and SMCR Applications, Questions III(1),
    III(2), and associated exhibits. Minn-Iowa's 60 dBu contour
    encompasses 47,312 people. Minn-Iowa's claimed aggregated first and
    second NCE service is 28,344 people. Refuge's 60 dBu contour
    encompasses 31,044 people. Refuge's claimed aggregated first and
    second NCE service is 3,234 people. SMCR's 60 dBu contour for
    Owatonna encompasses 67,359 people, with a claimed aggregated first
    and second NCE service of 49,623 people. SMCR's 60 dBu contour for
    Saint Peter encompasses 63,198 people, with a claimed aggregated
    first and second NCE service of 6,746 people. Thus, each would
    provide combined first and second NCE service to ten percent of the
    population within its 60 dBu contour and to more than 2,000 people.

[^36]: An additional applicant, Spirit Communications, Inc. that was
    originally included in this group was dismissed on August 20, 2008
    as exceeding the maximum of ten applications in which any party
    could have an attributable interest. The inclusion of Spirit's
    application would not have altered the result of this group.

[^37]: *See* Crown, Key, Hope, and Nassuna Applications, Questions
    III(1), III(2), and associated exhibits. Crown's 60 dBu contour
    encompasses 43,215 people. Crown's claimed aggregated first and
    second NCE service is 23,518 people. Key's 60 dBu contour
    encompasses 49,596 people. Key's claimed aggregated first and second
    NCE service is 25,437 people. Hope's 60 dBu contour encompasses
    15,381 people. Hope's claimed aggregated first and second NCE
    service is 13,788 people. Nassuna's 60 dBu contour encompasses
    55,799 people. Nassuna's claimed aggregated first and second NCE
    service is 7,904 people. Thus, each would provide combined first and
    second NCE service to ten percent of the population within its 60
    dBu contour and to more than 2,000 people.

[^38]: *See* CN, EMF, and MNCC Applications, Questions III(1), III(2),
    and associated exhibits. CN's 60 dBu contour encompasses 58,803
    people. CN's claimed aggregated first and second NCE service is
    36,659 people. EMF's 60 dBu contour encompasses 90,550 people. EMF's
    claimed aggregated first and second NCE service is 28,981 people.
    MNCC's 60 dBu contour encompasses 83,209 people. MNCC's claimed
    aggregated first and second NCE service is 8,700 people. Thus, each
    would provide combined first and second NCE service to ten percent
    of the population within its 60 dBu contour and to more than 2,000
    people.

[^39]: *See* MVCF and BPBA Applications, Questions III(1), III(2), and
    associated exhibits. MVCF's 60 dBu contour encompasses 35,844
    people. MVCF's claimed aggregated first and second NCE service is
    11,143 people. BPBA's 60 dBu contour encompasses 88,407 people.
    BPBA's claimed aggregated first and second NCE service is 33,360
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^40]: *See* WYRS, PCC, DCM, and Hope Applications, Questions III(1),
    III(2), and associated exhibits. WYRS amended its technical
    proposal, thereby reducing the first and second service originally
    claimed, and we have used the lower numbers in this analysis. WYRS's
    60 dBu contour encompasses 74,996 people. WYRS's claimed aggregated
    first and second NCE service is all 74,996 people. PCC's 60 dBu
    contour encompasses 35,519 people. PCC's claimed aggregated first
    and second NCE service is 9,925 people. Hope's 60 dBu contour
    encompasses 61,352 people. Hope's claimed aggregated first and
    second NCE service is 53,857 people. Thus, each would provide
    combined first and second NCE service to ten percent of the
    population within its 60 dBu contour and to more than 2,000 people.
    DCM claims that its 60 dBu contour encompasses 52,141 people and
    that its aggregated first and second NCE service slightly exceeds
    this number (24,389 first service plus 28,391 second service equals
    52,780 people). DCM would not have been the tentative selectee, even
    had we used the higher aggregated numbers it claimed.

[^41]: *See* KBOO and WSU Applications, Questions III(1), III(2), and
    associated exhibits. KBOO's 60 dBu contour encompasses 24,367
    people. KBOO's claimed aggregated first and second NCE service is
    22,569 people. WSU's 60 dBu contour encompasses 30,292 people. WSU's
    claimed aggregated first and second NCE service is all 30,292
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^42]: *See* Way-FM and CSC Applications, Questions III(1), III(2), and
    associated exhibits. Way-FM's 60 dBu contour encompasses 85,363
    people. Way-FM's claimed aggregated first and second NCE service is
    18,297 people. CSC's 60 dBu contour encompasses 95,956 people. CSC's
    claimed aggregated first and second NCE service is 23,413 people.
    Thus, each would provide combined first and second NCE service to
    ten percent of the population within its 60 dBu contour and to more
    than 2,000 people. We note that the numbers reported for CSC are the
    lowest that it reported in downward amendments.

[^43]: *See* NPR and CCK Applications, Questions III(1), III(2), and
    associated exhibits. NPR's 60 dBu contour encompasses 24,736 people.
    NPR's claimed aggregated first and second NCE service is 11,500
    people. CCK's 60 dBu contour encompasses 84,402 people. CCK's
    claimed aggregated first and second NCE service is 55,147 people.
    Thus, each would provide combined first and second NCE service to
    ten percent of the population within its 60 dBu contour and to more
    than 2,000 people.

[^44]: *See* CRT's Application, Questions III(1), III(2), and associated
    exhibits. CRT's 60 dBu contour encompasses 31,147 people. CRT's
    claimed aggregated first and second NCE service is 31,145 people.
    Thus, CRT would provide combined first and second NCE service to ten
    percent of the population within its 60 dBu contour and to more than
    2,000 people.

[^45]: *See* UO, EOSC, One Creek, Russell, Paths, BBN, and City
    Applications, Questions III(1), III(2), and associated exhibits.
    UO's 60 dBu contour encompasses 48,708 people, and its claimed
    aggregated first and second NCE service is 19,732 people. EOSC's 60
    dBu contour encompasses 50,557 people and its claimed aggregated
    first and second NCE service is 24,155 people. One Creek's 60 dBu
    contour encompasses 37,659 people and its claimed aggregated first
    and second NCE service is all 37,659 people. Russell's 60 dBu
    contour encompasses 78,335 people and its claimed aggregated first
    and second NCE service is 32,511 people. Paths' 60 dBu contour
    encompasses 38,144 people and its claimed aggregated first and
    second NCE service is 36,469 people. BBN's 60 dBu contour
    encompasses 35,159 people and its claimed aggregated first and
    second NCE service is 32,220 people. City's 60 dBu contour
    encompasses 33,374 people and its claimed aggregated first and
    second NCE service is 31,204 people. Thus, each would provide
    combined first and second NCE service to ten percent of the
    population within its 60 dBu contour and to more than 2,000 people.

[^46]: *See* OAM, RBI, TPR, and HAI Applications, Questions III(1),
    III(2), and associated exhibits. OAM's 60 dBu contour encompasses
    20,464 people, and its claimed aggregated first and second NCE
    service is 19,626 people. RBI's 60 dBu contour encompasses 58,701
    people and its claimed aggregated first and second NCE service is
    58,322 people. TPR's 60 dBu contour encompasses 22,033 people and
    its claimed aggregated first and second NCE service is all 22,033
    people. HAI's 60 dBu contour encompasses 18,673 people and its
    claimed aggregated first and second NCE service is all 18,673
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^47]: An additional applicant, Spirit Communications, Inc. that was
    originally included in this group was dismissed on August 20, 2008
    as exceeding the maximum of ten applications in which any party
    could have an attributable interest. The inclusion of Spirit's
    application would not have altered the result of this group.

[^48]: *See* Way-FM, MVCF, FBCN, and BMW Applications, Questions III(1),
    III(2), and associated exhibits. Way-FM's 60 dBu contour encompasses
    426,774 people, and its claimed aggregated first and second NCE
    service is 75,590 people. MVCF's 60 dBu contour encompasses 422,521
    people and its claimed aggregated first and second NCE service is
    49,798 people. FBCN's 60 dBu contour encompasses 455,408 people and
    its claimed aggregated first and second NCE service is 63,005
    people. BMW's 60 dBu contour encompasses 53,575 people and its
    claimed aggregated first and second NCE service is all 53,575
    people. Thus, each would provide combined first and second NCE
    service to ten percent of the population within its 60 dBu contour
    and to more than 2,000 people.

[^49]: If a tentative selectee's application is found unacceptable for
    filing, it is dismissed. The applicant then has one opportunity to
    submit a curative amendment and a petition for reconsideration
    requesting reinstatement *nunc pro tunc* within 30 days, provided
    that the amendment is minor and does not alter the fair distribution
    preference. *See* 47 C.F.R. § 73.3522(b)(1). A tentative selectee
    that is unable to cure the defect is disqualified.

[^50]: *See* 5 U.S.C. §§ 702, 704, 706; 47 U.S.C. §§ 309(d), 402(b),
    405; 47 C.F.R. §§ 1.106-08, 1.120, 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 the court. *See, e.g.,* FED. R.
    APP. P. 3(b).