**DA 04-1692**

**June 15, 2004**

**WINDOW ANNOUNCED FOR NONCOMMERCIAL EDUCATIONAL FM SETTLEMENTS AND
TECHNICAL AMENDMENTS**

**SETTLEMENT REIMBURSEMENT CAP WAIVED UNTIL AUGUST 13, 2004**

The Media Bureau ("Bureau") announces that it will accept settlements
and certain technical amendments until August 13, 2004, for the closed
groups of reserved channel, mutually exclusive noncommercial educational
("NCE") FM station construction permit applications listed in Attachment
A.

**Background.** On May 11, 2004, the United States Court of Appeals for
the District of Columbia Circuit denied several petitions for review
challenging the Commission's revised NCE comparative selection standards
in *American Family Association, Inc. et al. v. FCC*, No. 00-1310
(decided May 11, 2004).[^1] The Attachment A applications are ready for
processing under these standards. The Bureau has concluded, however,
that it should provide this very large group of long-pending
applications one additional and final settlement opportunity to resolve
application conflicts prior to applying the new NCE selection rules.

The *NCE MO&O* directed the staff to waive the reimbursement limitations
of Section 73.3525(a) of the Commission's rules to facilitate
settlements and the expeditious introduction of new NCE FM service.[^2]
Accordingly, the Commission will waive the reimbursement limitations of
Section 73.3525(a)(3) for settlement agreements received at the
Commission's Office of the Secretary on or before August 13, 2004. This
settlement window will provide a last opportunity for these applicants
to enter into settlement agreements that include reimbursement payments
in excess of legitimate and prudent applicant expenses.

**Settlement Agreements**. The applicants listed in Attachment A may
resolve technical conflicts through two methods: settlements and
technical amendments. A settlement must propose the grant of at least
one application within the listed "MX group." Universal settlements are
encouraged but not required. Applicants are not required to satisfy the
related certification and disclosure requirements of Sections
73.3525(a)(3), (4) and (5). Settling applicants must comply with the
Commission's general settlement rules in all other respects.[^3]
Applicants must submit a joint request for approval of settlement and a
copy of the settlement agreement. Each applicant also must submit an
affidavit that satisfies the requirements of Sections 73.3525(a)(1), (2)
and (6).

**Technical Amendments**. An applicant listed in Attachment A may file a
minor engineering amendment to resolve all technical conflicts to each
of the other applications in the listed MX group. Applicants may file
coordinated technical amendments as part of a settlement agreement and
must cross-reference all such filings in each amendment. Amendments
which create new application conflicts will be returned. Applicants are
encouraged to file technical amendments promptly. These amendments will
be processed under the NCE first-come, first-served cut-off rule.[^4]
[]{.mark}

**Filing Procedures**. Joint requests for approval of settlement must be
filed in original and two copies, plus one additional copy for each
applicant that is a party to the settlement, on or before August 13,
2004, with the Commission's Secretary, Office of the Secretary, Federal
Communications Commission, 445 Twelfth Street, S.W., Room TW-A325,
Washington, D.C. 20554. In addition, applicants may deliver a courtesy
copy of the settlement agreement to Liz Robinson, Audio Division, Room
2-B450, 445 12^th^ Street S.W., Washington, DC 20554. Applicants should
reference the "MX group number" appearing in Attachment A and any
application amendments filed in conjunction with each joint request. The
Bureau will expedite the processing of all complete and rule-compliant
settlement agreements and technical amendments.

All application amendments must be filed electronically via the
Consolidated Database System online electronic forms filing system,
located at the following site:
<http://www.fcc.gov/mb/elecfile.html>[.]{.underline}[^5] Applicants
filing electronic amendments to applications that were originally filed
on paper should follow the same electronic filing procedures, except
that such applicants must first create a new account at the electronic
filing site. For technical assistance with electronic filing, call the
Media Bureau Help Desk at (202) 418-2MMB.

Contact: George Gwinn, Audio Division, Media Bureau 418-2700.

Adopted by the Chief, Media Bureau

**- FCC -**

[^1]: *See Reexamination of the Comparative Standards for Noncommercial
    Educational Applicants*, MM Docket 95-31, *Notice of Proposed
    Rulemaking*, 10 FCC Rcd 2877 (1995); *Further Notice of Proposed
    Rulemaking*, 13 FCC Rcd 21167 (1998); *Report and Order*, 15 FCC Rcd
    7386 (2000) ("*NCE Report and Order")*; *Memorandum Opinion and
    Order*, 16 FCC Rcd 5074 (2001) ("*NCE MO&O*"); *Second Report and
    Order*, 18 FCC Rcd 6691 (2003) ("*NCE Second Report and Order*").
    Petitions for reconsideration of the *NCE Second Report and Order*
    are pending with the Commission. *See Public Notice,* "*Petitions
    for Reconsideration and Clarification of Action in Rulemaking
    Proceeding*," Report No. 2614 (rel. July 1, 2003).

[^2]: *NCE MO&O*, 16 FCC Rcd at 5107-08. *See also Public Notice,*
    "*Supplements and Settlements to Pending Closed Groups of
    Noncommercial Education Broadcast Applications Due by June 4,
    2001,*" 16 FCC Rcd 6893 (MMB Mar. 22, 2001), extended by *Public
    Notice,* "*Deadline for NCE Settlements and Supplements Extended to
    July 19, 2001; Date for Calculating Comparative Qualifications
    Remains June 4, 2001*," 16 FCC Rcd 10892 (MMB May 24, 2001).

[^3]: *See* 47 C.F.R. § 73.3525.

[^4]: *See* 47 C.F.R. § 73.3573(e).

[^5]: Amendments will not be accepted on paper or via email.