Cascade Community Radio, Inc.

c/o Alan C. Campbell, Esq.

Irwin, Campbell & Tannenwald, PC

1730 Rhode Island Avenue, NW

Suite 200

Washington, DC 20036

State of Wisconsin -- Educational Communications Board

c/o Margaret L. Miller, Esq.

Dow, Lohnes & Albertson, PLLC

1200 New Hampshire Avenue, NW

Suite 800

Washington, DC 20036

In Re: NEW (NCE FM), Cascade, IA

Facility ID No. 90303 BPED-19980319MP

NEW (NCE FM), Platteville, WI

Facility ID No. 91616 BPED-19980909ML

Applications for Construction Permits

**Group No. 980307**

Dear Counsel:

We have before us Group 980307 -- two mutually exclusive applications
for permits to construct new noncommercial educational ("NCE") FM
stations serving different communities. In such situations, the rules
require the Commission to make a threshold determination of whether
grant of any of the applications would further the goals enunciated in
Section 307(b) of the Communications Act of 1934, as amended, for fair,
efficient, and equitable distribution of radio service among
communities.[^1] For the reasons below, we determine that Cascade
Community Radio, Inc. ("Cascade") is entitled to a decisive Section
307(b) preference.

An NCE FM applicant is eligible to receive a Section 307(b) preference
if it would provide a first or second reserved channel NCE aural service
(in the aggregate) to at least ten percent of the population, provided
that this constitutes at least 2,000 people, within the proposed
station's 60 dBu contour.[^2] If more than one applicant in a mutually
exclusive group qualifies for a preference, we compare first service
population coverage totals.[^3] An applicant will receive a dispositive
fair distribution preference by proposing to serve at least 5,000 more
potential listeners than the next highest applicant's first service
total.[^4] If no applicant is entitled to a first service preference, we
will consider combined first and second service population totals and
apply the same 5,000 listener threshold.

In the present group, Cascade would serve Cascade, Iowa, and the State
of Wisconsin -- Educational Communications Board ("WECB") would serve
Platteville, Wisconsin. Cascade is the only applicant to claim that it
would provide a new first or second service to 10 percent of the
population within its respective service area, and therefore, that it is
eligible for a fair distribution preference.[^5] Based on Cascade's
submissions and calculations, it appears that Cascade qualifies for a
preference. Pursuant to Section 73.7004 of the Commission's rules, we
identify Cascade as the tentative selectee. Group 980307 thus will not
proceed to a point hearing.[^6]

Accordingly, it is ordered that Cascade Community Radio, Inc. is
TENTATIVELY SELECTED to be awarded a construction permit (File No.
BPED-19980319MP) for a new NCE FM station in

Cascade, Iowa. Petitions to deny the tentative selectee are due within
thirty (30) days following the issuance of a subsequently issued public
notice announcing the tentative selection of this application.[^7]

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: *See* 47 U.S.C. § 307(b); 47 C.F.R. § 73.7002(a).

[^2]: *See* 47 C.F.R. § 73.7002(b). With respect to population
    information, applicants were to use the 2000 Census data, if
    available by June 4, 2001. *See* "Supplements and Settlements to
    Pending Closed Groups of Noncommercial Educational Broadcast
    Applications Due by June 4, 2001," *Public Notice*, 16 FCC Rcd 6893
    (MB Mar. 22, 2001). Applicants were also to base their "fair
    distribution" analysis on the "snap shot" date of June 4, 2001,
    which is applicable unless the applicant subsequently makes
    engineering changes that would diminish its comparative position.
    *Id.* In this case, neither of the applicants has made such
    engineering changes. In addition, each applicant timely supplemented
    its application with a Section 307(b) showing; each purports to be
    based on 2000 Census data and a "snap shot" date of June 4, 2001.

[^3]: *See* 47 C.F.R. § 73.7002(b). *See also* "Deadline for NCE
    Settlements and Supplements Extended to July 19, 2001; Date for
    Calculating Comparative Qualifications Remains June 4, 2001,"
    *Public Notice*, 16 FCC Rcd 10892, 10893 (MB May 24, 2001).

[^4]: *Id.*

[^5]: Cascade's 60 dBu contour encompasses 87,018 people. Cascade's
    claimed aggregated first and second service is 83,328 people.

[^6]: *See* 47 C.F.R. § 73.7002(b). The Media Bureau has delegated
    authority to make 307(b) determinations in NCE cases. *See*
    *Reexamination of the Comparative Standards for Noncommercial
    Educational Applicants*, 15 FCC Rcd 7386 (2000), *partially reversed
    on other grounds*, *NPR v. FCC*, 254 F.3d 226 (DC Cir. 2001) ("*NCE
    Order*"). *See also* 47 C.F.R. § 0.283. In the *NCE Order*, the
    Commission concluded that "\[i\]n examining the fair distribution
    issues, we will use the general process set forth in the Section of
    our Competitive Bidding proceeding that addressed Section 307(b)
    considerations for AM stations." *See NCE Order*, 15 FCC Rcd at 7397
    (citing *Comparative Bidding for Commercial Broadcasting and
    Instructional Television Fixed Services*, 13 FCC Rcd 15920 (1998)
    (delegating authority to the staff to conduct Section 307(b)
    analyses with respect to AM applications prior to conducting
    auctions of competing applications)). In contrast, the *NCE Order*
    noted that the point system analysis conducted when Section 307(b)
    is not determinative is considered a simplified "hearing" for
    purposes of 47 U.S.C. § 155(c)(1). *See NCE Order*, 15 FCC Rcd at
    7420.

[^7]: *See* 47 C.F.R. § 73.7004. If any applicant previously raised
    issues against the tentative selectee, it must refile its objections
    within this thirty (30) day period.