**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | MX Group Numbers 39, 59, 66, |
|                                  | *) | 72, 111, 125, 126, 128, 144, |
| **Threshold Fair Distribution    | ** | 189, 191, 356                |
| Analysis of 12 Groups of         |    |                              |
| Mutually Exclusive               | *  |                              |
| Applications**                   | *) |                              |
|                                  | ** |                              |
| **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: August 20, 2008 Released: August 21, 2008**

By the Chief, Audio Division, Media Bureau

I.  **BACKGROUND**

1\. The Media Bureau ("Bureau") has before it for comparative
consideration 12 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 perform 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 for 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]

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

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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 39.** This group consists of three applications to serve
    different communities in California. Life on the Way Communications,
    Inc. ("LWC") proposes to serve Hemet. California State University
    Foundation, Long Beach ("Foundation") proposes to serve Perris. San
    Bernadino Acorn ("SBA") proposes to serve San Bernadino. Foundation
    asserts that it is eligible for a fair distribution preference based
    solely on second service population totals.[^15] LWC and SBA state
    that they are not eligible for a fair distribution preference.
    Accordingly, LWC and SBA are eliminated. Foundation is the tentative
    selectee in Group 39.

6.  **Group 59.** There are three applications in this group. CSN
    International ("CSN") filed an application shortly before adoption
    of the point system, proposing to construct a new station that would
    serve Eustis, Florida. The application was not cut-off from
    competing proposals under the rules then in effect. Thereafter,
    Cornerstone Broadcasting Corp. ("Cornerstone") filed an application
    for minor modification of the facilities of WJLH(FM), Flagler Beach,
    Florida which was mutually exclusive with CSN's proposal. As a minor
    modification, Cornerstone's proposal did not need to await the
    opening of a filing window. CSN and Cornerstone have both amended
    their applications to include comparative information that was not
    required as part of their original applications. During the filing
    window, Westminster Academy ("WA") filed an application proposing a
    new NCE station serving Umatilla, Florida, which was mutually
    exclusive with those filed by CSN and Cornerstone. CSN and WA both
    assert that they are eligible for a fair distribution
    preference.[^16] Cornerstone does not and, therefore is eliminated.

7.  Neither CSN nor WA claims a first service preference and, therefore,
    we consider their aggregated first and second service. CSN claims
    that it would provide a new first or second service to 38,554 people
    (1,947 first service plus 36,607 second service). WA claims that it
    would provide a new first or second service to 32,265 people (1,473
    first service plus 30,792 second service). CSN would provide new NCE
    service to at least 5,000 more people than WA. Thus, WA is
    eliminated and CSN is the tentative selectee in Group 59.

8.  **Group 66.** In this group, Community Public Radio, Inc. ("CPR")
    proposes to serve Brown's Crossing, Georgia and Georgia College and
    State University ("GCSU") proposes to serve Milledgeville, Georgia.
    GCSU asserts that it is eligible for a fair distribution
    preference.[^17] CPR does not. Accordingly, CPR is eliminated. GCSU
    is the tentative selectee in Group 66.

9.  **Group 72.** This group consists of four applications to serve
    three different communities in Iowa. Shining Light Ministries
    ("SLM") and Boone Biblical Memorial Church ("BBMC") propose to serve
    Boone. Union Valley Baptist Church, Inc. ("Union") proposes to serve
    Radcliffe. Unitarian Universalist Fellowship of Ames ("Fellowship")
    proposes to serve Story Cliff. SLM and Union state that they are not
    eligible for a fair distribution preference. BBMC and Fellowship
    assert that they are eligible for a preference based solely on
    second service population totals.[^18] Fellowship claims that it
    would provide a new first or second service to 8,671 people (all
    second service). BBMC, does not state how many people it would
    provide with its claimed second service, and thus we are not able to
    determine whether it satisfies the 10 percent threshold and
    2000-person minimum criteria or to compare the size of its claim to
    that of Fellowship. Moreover, BBMC appears not to have considered
    that, prior to the filing of its application, the Commission granted
    an authorization which, once constructed, will provide a second
    service to BBMC's entire proposed service area. Accordingly, SLM,
    BBMC, and Union are eliminated and Fellowship is the tentative
    selectee in Group 72.

10. **Group 111.** In Group 111, Morgan Brook Christian Radio, Inc.
    ("MBCR") proposes to serve Baptist Village, Massachusetts, and
    Nehemiahs Neighbors Church ("NNC") proposes to serve South Monson,
    Massachusetts. Each applicant claims that that it is eligible for a
    fair distribution preference.[^19] MBCR would provide a new first or
    second NCE service to 2,756 people (all second service). NNC did not
    make a complete fair distribution showing within the October 2007
    filing window. Specifically, NNC's original application answered
    "yes" that NNC was entitled to preferences based on first and second
    service but failed to identify the number of people who would
    receive those services. In place of a required exhibit, NNC stated
    "I had trouble attaching my contours but I believe my calculations
    are correct."[^20] Elsewhere in the application, NNC indicated that
    it would only provide a new NCE service to 56 people.[^21] On April
    15, 2008, NNC tendered an amendment which would provide missing
    information and/or change information from that provided originally.
    The amendment acknowledges that NNC does not qualify for a fair
    distribution preference based on first service alone, but asserts
    that NNC qualifies for a preference based on aggregated first and
    second service because its 60 dBu contour encompasses 11,076 people
    and its claimed aggregated first and second NCE service is 8,368
    people. NNC's amendment of its incomplete application approximately
    6 months after close of the window is a prohibited attempt to
    enhance its qualifications after close of the filing window. MBCR
    was the only applicant to timely demonstrate that it was entitled to
    a fair distribution preference. Accordingly, NNC is eliminated and
    MBCR is the tentative selectee in Group 111.

11. **Group 125.** The four applicants in this group would serve
    different communities in Michigan. Midland Seventh-Day Adventist
    Church ("MSAC") would serve Midland. Smile FM ("Smile") proposes to
    serve Mount Forest. Saidnewsfoundation ("News") proposes to serve
    Pinconning. Partnership Ministries, Inc. d/b/a Passion
    Communications ("PMI") proposes to serve Shields. Smile is the only
    applicant in this group to claim that it is eligible for a fair
    distribution preference.[^22] Accordingly, NSAC, News, and PMI are
    eliminated. Smile is the tentative selectee in Group 125.

12. **Group 126.** The two applicants in this group would serve
    different communities in Michigan. Detroit Summer ("DS") proposes to
    serve Fraser and Smile FM ("Smile") proposes to serve Grosse Point
    Shores. Each claims that it is eligible for a fair distribution
    preference based solely on second service.[^23] DS would provide a
    first or second NCE service to 78,771 people (0 first service plus
    78,771 second service). Smile would provide a first or second NCE
    service to 468,544 people (0 first service plus 468,544 second
    service). Smile would provide new NCE service to at least 5,000 more
    people than DS. Accordingly, Smile is the tentative selectee in
    Group 126.

13. **Group 128.** This group consists of two applications to serve
    different communities in Michigan. Smile FM ("Smile") proposes to
    serve China Township. De Mujer a Mujer International ("DMMI")
    proposes to serve Marine City. Smile asserts that it is eligible for
    a fair distribution preference.[^24] DMMI does not. Accordingly,
    DMMI is eliminated and Smile is the tentative selectee in Group 128.

14. **Group 144.** In Group 144, Delta Blues Foundation, Inc. ("Delta")
    proposes to serve Clarksdale, Mississippi, and McGee Communications
    ("McGee") proposes to serve Grenada, Mississippi. Each claims that
    it is eligible for a fair distribution preference.[^25] Only Delta
    asserts that it is entitled to a first service preference, and we
    have determined this claim is erroneous because Delta's claimed
    first service to 2,999 people is less than ten percent of the 42,726
    people within its 60 dBu contour. If no proposal prevails on first
    service, we consider combined first and second service population
    totals. Delta would provide a new first or second NCE service to
    32,925 people (2,999 first service plus 29,926 second service).
    McGee would provide new first or second NCE service to 19,219 people
    (0 first service plus 19,219 second service). Because Delta would
    provide a new first or second NCE service to at least 5,000 more
    listeners than McGee, Delta is the tentative selectee in Group 144.

15. **Group 189.** The four applicants in this group would serve
    different communities in New York. Free 103Point9 ("Free") would
    serve Acra. JCM Radio of NY, Inc. ("JCM") proposes to serve
    Coxsackie. Foothills Public Radio, Inc. ("Foothills") plans to serve
    Durham. Redeemer Broadcasting, Inc. ("RBI") proposes service to
    Jefferson Heights. Each claims that it is eligible for a fair
    distribution preference.[^26] JCM, however, provides only a map with
    no numbers to support its claim. Because JCM does not state how many
    people it would provide with its claimed second service, we are not
    able to determine whether it satisfies the 10 percent threshold and
    2000-person minimum criteria or to compare the size of its claim to
    that of the other applicants in this group. Accordingly, JCM is
    eliminated. The remaining three applicants all assert that they are
    entitled to a first NCE service preference and identify the number
    of people to whom they would provide such service. Foothills, RBI,
    and Free each respectively claim that they would provide a new first
    NCE service to 3,794 people, 9,290 people, and 12,574 people.
    Foothills is eliminated because the next best proposal of RBI would
    serve at least 5,000 more people. The proposals of RBI and Free,
    however, would provide a comparable first service and proceed to
    consideration of their combined first and second NCE service
    population totals. Free would provide a first or second NCE service
    to 23,125 people (12,574 first service plus 10,551 second service).
    RBI would provide a first or second service to 13,012 people (9,290
    first service plus 3,722 second service). Free is the tentative
    selectee in Group 189 because it would serve at least 5,000 more
    people than RBI.

16. **Group 191.** The two applicants in this group would serve
    different communities in Ohio. Clyde Educational Broadcasting
    Foundation ("Clyde") proposes to serve Coshocton. Newcomerstown
    Exempted Village Schools ("NEVS") proposes to serve Newcomerstown.
    Each claims that it is eligible for a fair distribution
    preference.[^27] NEVS, however, appears to be mistaken based on use
    of an incorrect methodology. Specifically, NEVS's claim is based on
    its proposal to construct the first full service NCE station
    *licensed to* the village of Newcomerstown, which has a population
    of 4,008, without considering service *received from* NCE stations
    licensed to other communities.[^28] Moreover, NEVS does not identify
    the number of people residing within its 60 dBu contour, asserting
    only that the Newcomersville population is at least ten percent of
    that unstated figure and stating elsewhere in its application that
    it would provide new NCE service to only 15 people.[^29]
    Accordingly, we cannot accept NEVS's claim of eligibility for a fair
    distribution preference. NEVS is eliminated and Clyde is the
    tentative selectee in Group 191.

17. **Group 356.** This group consists of ten applications to serve nine
    different communities in Kentucky. Appalshop, Inc. ("Appalshop") and
    Eastern Kentucky University ("EKU") both propose to serve Pineville.
    The other applicants and their proposed communities are: Mountain
    Radio Media ("Mountain") for Manchester; Educational Cultural
    Broadcasters Group, Inc. ("ECBG") for Corbin; Breathitt Listeners
    Choice Radio, Inc. ("Breathitt") for Jackson; Bible Baptist Church
    ("BBC") for Hazard; Middlesboro Board of Education ("MBE") for
    Middlesboro; FM 90.1, Inc. ("FMI") for Paintsville; Spirit
    Broadcasting Group, Inc. ("SBG") for Cumberland; and Shredding the
    Darkness ("STD") for Salyersville. BBC, the only applicant not to
    claim a fair distribution preference, is eliminated. Mountain also
    is eliminated because, although it claims a preference based
    entirely on second service, it provides no information about the
    number of people who would receive such service. Thus, we are not
    able to determine whether Mountain satisfies the 10 percent
    threshold and 2000-person minimum criteria or to compare the size of
    its claim to that of other applicants. The remaining eight
    applicants claim and state the basis for their claims to be eligible
    for a fair distribution preference. [^30]

18. ECBG claims first service to 15,394 people, Appalshop to 13,728
    people, MBE to

22,629 people, FMI to 22,854 people, EKU to 28,168 people and STD to
22,729 people. Neither Breathitt nor SBG certifies that it is eligible
for a first service preference and both are, thus, eliminated. EKU, the
applicant proposing the most first NCE service, would provide such
service to at least 5,000 people more than any other applicant.
Appalshop, the only applicant that proposes the same community of
license as ECU, proposes first NCE service to 5,000 people fewer than
applicants for different communities. Accordingly, all applicants other
than EKU are eliminated. EKU is the tentative selectee in Group 356.

**IV. ADDITIONAL MATTERS**

19. **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.[^31] 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.

20. 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.

21. **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. Any petition or appeal affecting a particular group will
    not delay the finality of our decision with respect to groups where
    no petition to deny, petition for reconsideration, or appeal is
    filed.

**V. ORDERING CLAUSES**

22. 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.[^32] 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.

23. **Group 39.** Accordingly, IT IS ORDERED, That the Application filed
    by California State University Foundation , Long Beach (File No.
    BNPED-20071019ACH) is TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Perris, California
    and its application IS ACCEPTED FOR FILING, establishing a deadline
    thirty (30) days hereafter for the filing of petitions to deny. If,
    after the petition to deny period has run, there is no substantial
    and material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Life on the Way Communications,
    Inc. (File No. BNPED-20071022AUR) and San Bernadino Acorn (File No.
    BNPED-20071022AJF) and TO GRANT the application of California State
    University Foundation, Long Beach (File No. BNPED-20071019ACH)
    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.

24. **Group 59.** Accordingly, IT IS ORDERED, That the Application filed
    by CSN International (File No. BNPED-20071022DXQ) is TENTATIVELY
    SELECTED to be awarded a construction permit for a new NCE FM
    station in Eustis, Florida and its application IS ACCEPTED FOR
    FILING, establishing a deadline thirty (30) days hereafter for the
    filing of petitions to deny. If, after the petition to deny period
    has run, there is no substantial and material question concerning
    the grantability of the tentative selectee's application, we intend,
    by public notice, TO DISMISS the mutually exclusive applications of
    Westminster Academy (File No. BNPED-20071022BLG) and Cornerstone
    Broadcasting Corp. (File No. BMPED-20070906ADM) and TO GRANT the
    application of CSN International (File No. BNPED-20071022DXQ)
    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.

25. **Group 66.** Accordingly, IT IS ORDERED, That the Application filed
    by Georgia College and State University (File No. BNPED-20071018AOO)
    is TENTATIVELY SELECTED to be awarded a construction permit for a
    new NCE FM station in Milledgeville, Georgia and its application IS
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. If, after the
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive application of Community Public Radio, Inc. (File
    No. BNPED-20071015DMG) and TO GRANT the application of Georgia
    College and State University (File No. BNPED-20071018AOO)
    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.

26. **Group 72.** Accordingly, IT IS ORDERED, That the Application filed
    by Unitarian Universalist Fellowship of America (File No.
    BNPED-20071019BBU) is TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Story City, Iowa and
    its application IS ACCEPTED FOR FILING, establishing a deadline
    thirty (30) days hereafter for the filing of petitions to deny. If,
    after the petition to deny period has run, there is no substantial
    and material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Shining Light Ministries (File
    No. BNPED-20071012AIJ), Boone Biblical Memorial Church (File No.
    BNPED-20071012AIU), Union Valley Baptist Church, Inc. (File No.
    BNPED-20071022BMW) and TO GRANT the application of Unitarian
    Universalist Fellowship of America (File No. BNPED-20071019BBU)
    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.

27. **Group 111.** Accordingly, IT IS ORDERED, That the Application
    filed by Morgan Brook Christian Radio, Inc. (File No.
    BNPED-20071022BHM) is TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Baptist Village,
    Massachusetts and that its application is ACCEPTED FOR FILING,
    establishing a deadline thirty (30) days hereafter for the filing of
    petitions to deny. If, after the 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
    Nehemiahs Neighbors Church (File No. BNPED-20071022BUV) and TO GRANT
    the application of Morgan Brook Christian Radio, Inc. (File No.
    BNPED-20071022BHM) 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.

28. **Group 125.** Accordingly, IT IS ORDERED, That the Application
    filed by Smile FM, Inc. (File No. BNPED-20071019AIK) is TENTATIVELY
    SELECTED to be awarded a construction permit for a new NCE FM
    station in Mount Forest, Michigan and that its application is
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. If, after the 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 Midland Seventh-Day Adventist
    Church (File No. BNPED-20071022AWS) , Saidnewsfoundation (File No.
    BNPED-20071017AIY), and Partnership Ministries, Inc. d/b/a Passion
    Communications (File No. BNPED-20071018AVW) and TO GRANT the
    application of Smile FM, Inc. (File No. BNPED-20071019AIK)
    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.

29. **Group 126.** Accordingly, IT IS ORDERED, That the Application
    filed by Smile FM, Inc. (File No. BNPED-20071019AFB) is TENTATIVELY
    SELECTED to be awarded a construction permit for a new NCE FM
    station in Grosse Point Shores, Michigan and that its application is
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. If, after the 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 Detroit Summer (File No.
    BNPED-20071019AFV) and TO GRANT the application of Smile FM, Inc.
    (File No. BNPED-20071019AFB) 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.

30. **Group 128.** Accordingly, IT IS ORDERED, That the Application
    filed by Smile FM, Inc. (File No. BNPED-20071019AOG) is TENTATIVELY
    SELECTED to be awarded a construction permit for a new NCE FM
    station in China Township, Michigan and that its application is
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. If, after the 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 De Mujer a Mujer International
    (File No. BNPED-20071022AGR) and TO GRANT the application of Smile
    FM, Inc. (File No. BNPED-20071019AOG) 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.

31. **Group 144.** Accordingly, IT IS ORDERED, That the Application
    filed by Delta Blues Foundation, Inc. (File No. BNPED-20071019AIB)
    is TENTATIVELY SELECTED to be awarded a construction permit for a
    new NCE FM station in Clarksdale, Mississippi and that its
    application is ACCEPTED FOR FILING, establishing a deadline
    thirty (30) days hereafter for the filing of petitions to deny. 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 McGee Communications
    (File No. BNPED-20071015ABT) and TO GRANT the application of Delta
    Blues Foundation, Inc. (File No. BNPED-20071019AIB) 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.

32. **Group 189.** Accordingly, IT IS ORDERED, That the Application
    filed by Free103Point9Inc. (File No. BNPED-20071018ANX) is
    TENTATIVELY SELECTED to be awarded a construction permit for a new
    NCE FM station in Acra, New York and that its application is
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. 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 JCM Radio of NY, Inc. (File No.
    BNPED-20071022AJX) , Foothills Public Radio, Inc. (File No.
    BNPED-20071022BFJ), and Redeemer Broadcasting, Inc. (File No.
    BNPED-20071018BBM) and TO GRANT the application of Free103Point9Inc.
    (File No. BNPED-20071018ANX) 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.

33. **Group 191.** Accordingly, IT IS ORDERED, That the Application
    filed by Clyde Educational Broadcasting Foundation (File No.
    BNPED-20071012AGY) is TENTATIVELY SELECTED to be awarded a
    construction permit for a new NCE FM station in Coshocton, Ohio and
    that its application is ACCEPTED FOR FILING, establishing a deadline
    thirty (30) days hereafter for the filing of petitions to deny. 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 Newcomerstown Exempted
    Village Schools (File No. BNPED-20071019AWG), and TO GRANT the
    application of Clyde Educational Broadcasting Foundation (File No.
    BNPED-20071012AGY) 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.

34. **Group 356.** Accordingly, IT IS ORDERED, That the Application
    filed by Eastern Kentucky University (File No. BNPED-20071019AGW) is
    TENTATIVELY SELECTED to be awarded a construction permit for a new
    NCE FM station in Pineville, Kentucky and its application IS
    ACCEPTED FOR FILING, establishing a deadline thirty (30) days
    hereafter for the filing of petitions to deny. If, after the
    petition to deny period has run, there is no substantial and
    material question concerning the grantability of the tentative
    selectee's application, we intend, by public notice, TO DISMISS the
    mutually exclusive applications of Mountain Radio Media (File No.
    BNPED-20071012APL), Educational Cultural Broadcasters Group, Inc.
    (File No. BNPED-20071015ADQ), Breathitt Listeners Choice Radio, Inc.
    (File No. BNPED-20071015AFQ), Bible Baptist Church (File No.
    BNPED-20071016AIH), Appalshop, Inc. (File No. BNPED-20071017AHG),
    Middlesboro Board of Education (File No. BNPED-20071018ACX), FM
    90.1, Inc. (File No. BNPED-20071018AKX), Spirit Broadcasting Group,
    Inc. (File No. BNPED-20071018ARV),and Shredding the Darkness (File
    No. BNPED-20071022BBZ) , and TO GRANT the application of Eastern
    Kentucky University (File No. BNPED-20071019AGW) 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 March 7, 2008, the Bureau issued a public notice identifying
    263 groups, all of which contained four or fewer mutually exclusive
    NCE FM applications. *See Media Bureau Identifies Groups of Mutually
    Exclusive Applications,* Public Notice, 23 FCC Rcd 3914 (MB 2008).
    On June 18, 2008, the Bureau issued a public notice identifying an
    additional 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 one of those Public Notices.

[^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). Any
    such applicant that experienced a gradual, major change in ownership
    was directed also to request a waiver of 73.3573 of the Commission's
    Rules, 47 C.F.R. § 73.3573, as part of its window-amended filing to
    avoid dismissal. *Id.; See also Comparative Consideration of 76
    Groups of Mutually Exclusive Applications,* Memorandum Opinion and
    Order, 22 FCC Rcd 6101, 6125 (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 15050, 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]: *See id.* at § 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]: *See* Foundation Application, Questions III(1), III(2), and
    associated exhibits. Foundation's 60 dBu contour encompasses 312,385
    people. Foundation's claimed aggregated first and second NCE service
    is 36,520 people (all second service). Thus, it 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]: *See* CSN and WA Applications, Questions III(1), III(2), and
    associated exhibits. CSN's 60 dBu contour encompasses 79,797 people.
    CSN's claimed aggregated first and second NCE service is 38,554
    people. WA's 60 dBu contour encompasses 65,951 people. WA's claimed
    aggregated first and second NCE service is 32,265 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.

[^17]: *See* GCSU Application, Questions III(1), III(2), and associated
    exhibits. GCSU's 60 dBu contour encompasses 63,087 people. GCSU's
    claimed aggregated first and second NCE service is 15,461 people.
    Thus, it 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]: *See* BBMC and Fellowship Applications, Questions III(1), III(2),
    and associated exhibits. Fellowship's 60 dBu contour encompasses
    9,340 people. Fellowship's claimed aggregated first and second NCE
    service is 8,871 people (all second service). Thus, it 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.
    BBMC's 60 dBu contour encompasses 16,925 people. BBMC does not state
    how many people it claims to provide with a first or second NCE
    service.

[^19]: *See* MBCR and NNC Applications, Questions III(1), III(2), and
    associated exhibits. MBCR's 60 dBu contour encompasses 13,142
    people. MBCR's claimed aggregated first and second NCE service is
    2,756 people. Thus, it 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. NNC's original application did not
    demonstrate service to ten percent of the population within its 60
    dBu contour and to more than 2,000 people.

[^20]: *See* NNC Application, Questions III(1) and III(2).

[^21]: *Id.,* Questions IV(4).

[^22]: *See* Smile's Application, Questions III(1), III(2), and
    associated exhibits. Smile's 60 dBu contour encompasses 23,279
    people, and its claimed aggregated first and second NCE service is
    9,999 people. Thus, it would provide combined first and second NCE
    service to ten percent of the population within its respective 60
    dBu contour and to more than 2,000 people.

[^23]: *See* DS's and Smile's Applications, Questions III(1), III(2),
    and associated exhibits. Smile's 60 dBu contour encompasses 537,650
    people, and its claimed aggregated first and second NCE service is
    468,544 people. These numbers reflect the smaller figures Smile
    submitted in an amendment to its original higher claim. DS's 60 dBu
    contour encompasses 143,594 people, and its claimed aggregated first
    and second NCE service is 78,771 people. Thus, each would provide
    combined first and second NCE service to ten percent of the
    population within its respective 60 dBu contour and to more than
    2,000 people.

[^24]: *See* Smile's Application, Questions III(1), III(2), and
    associated exhibits. Smile's 60 dBu contour encompasses 50,933
    people. Smile's claimed aggregated first and second NCE service is
    all 50,933 people. Thus, it 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]: *See* Delta and McGee Applications, Questions III(1), III(2), and
    associated exhibits. Delta's 60 dBu contour encompasses 42,726
    people. Delta's claimed aggregated first and second NCE service is
    32,925 people. McGee's 60 dBu contour encompasses 30,936 people.
    McGee's claimed aggregated first and second NCE service is 19,219
    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.

[^26]: *See* Free's, JCM's, Foothills's and RBI's Applications,
    Questions III(1), III(2), and associated exhibits. Free's 60 dBu
    contour encompasses 78,844 people, and its claimed aggregated first
    and second NCE service is 23,125 people. JCM's 60 dBu contour
    encompasses 46,003 people, and it does not identify the number of
    people that it claims would receive an aggregated first and second
    NCE service. Foothills's 60 dBu contour encompasses 9,982 people,
    and its claimed aggregated first and second NCE service is 9,010
    people. RBI's 60 dBu contour encompasses 25,759 people, and its
    claimed aggregated first and second NCE service is 13,012 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.

[^27]: *See* Clyde's and NEVS's Applications, Questions III(1), III(2),
    and associated exhibits. Clyde's 60 dBu contour encompasses 32,334
    people, and its claimed aggregated first and second NCE service is
    22,643 people (all second service). NEVS does not state how many
    people are encompassed by its 60 dBu contour. 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* 47 C.F.R. § 73.7002(b).

[^29]: *See* NEVS's Application, Questions III(1) and IV(4).

[^30]: *See* Appalshop's, EKU's, ECBG's, Breathitt's, MBE's, FMI's,
    SBG's, and STD's Applications, Questions III(1), III(2), and
    associated exhibits. Appalshop's 60 dBu contour encompasses 26,343
    people. Appalshop's claimed aggregated first and second NCE service
    is 26,343 people. EKU's 60 dBu contour encompasses 99,330 people.
    EKU's claimed aggregated first and second NCE service is 60,105
    people. ECBG's 60 dBu contour encompasses 109,734 people. ECBG's
    claimed aggregated first and second NCE service is 40,442 people.
    Breathitt's 60 dBu contour encompasses 8,031 people. Breathitt's
    claimed aggregated first and second NCE service is 5,531 people.
    MBE's 60 dBu contour encompasses 68,367 people. MBE's claimed
    aggregated first and second NCE service is 43,071 people. FMI's 60
    dBu contour encompasses 53,586 people. FMI's claimed aggregated
    first and second NCE service is 36,379 people. SBG's 60 dBu contour
    encompasses 84,563 people. SBG's claimed aggregated first and second
    NCE service is 17,343 people. STD's 60 dBu contour encompasses
    48,512 people. STD's claimed aggregated first and second NCE service
    is 22,729 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.

[^31]: 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.

[^32]: *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).