Jacqueline Dearing Richard Crawford

Bloomington Normal Broadcasting Corp. Pinebrook Foundation, Inc.

16410 N. 800 E. Road 1708 Highview Road

Bloomington, IL 61704 East Peoria, IL 61611

Patrick Vaughn, Esq.

American Family Association

P.O. Drawer 2440

Tupelo, MS 38803

In Re: Bloomington Normal Broadcasting Corporation

> NEW (NCE FM), Bloomington, Illinois

Facility ID No. 93641 BPED-19990602MS

American Family Association

> NEW (NCE FM), Gridley, Illinois

Facility ID No. 93529 BPED-19990601MA

Pinebrook Foundation, Inc.

> NEW (NCE FM), Gridley, Illinois

Facility ID No. 91072 BPED-19980702MB

Applications for NCE FM Construction Permits

**Group No. 980715**

Dear Applicants:

We have before us Group 980715 -- three 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 as to whether
grant of any of the applications would further the fair, efficient, and
equitable distribution of radio service among communities.[^1] For the
reasons below, we determine that Bloomington Normal Broadcasting
Corporation ("BNBC") 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
consider combined first and second service population totals and apply
the same 5,000 listener threshold.

In the present group, BNBC would serve Bloomington, Illinois, American
Family Association ("AFA") would serve Gridley, Illinois, and Pinebrook
Foundation, Inc. ("PFI") would serve Gridley, Illinois. Each applicant
claims that it would provide a new first or second NCE service to 10
percent of the population, and to at least 2,000 people, within its
respective service area, and therefore, that it is eligible for a fair
distribution preference.[^5] Only BNBC and AFA, however, assert that
they are entitled to a first service preference.[^6] Based on the
applicants' submissions and calculations, it appears that BNBC will
provide a new first service to at least 5,000 more people than AFA and
therefore qualifies for a first service comparative preference.
Accordingly, pursuant to Section 73.7004 of the Commission's rules, we
identify BNBC as the tentative selectee. Group 980715 thus will not
proceed to a point hearing.[^7]

Accordingly, IT IS ORDERED, That the application of Bloomington Normal
Broadcasting Corporation is accepted for filing. It is also ordered that
Bloomington Normal Broadcasting Corporation is TENTATIVELY SELECTED to
be awarded a construction permit for a new NCE FM station in
Bloomington, Illinois. Petitions to deny the tentative selectee are due
within thirty (30) days following the issuance of a subsequently issued
public notice announcing the acceptance and tentative selection of this
application.[^8] 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 will, by public notice, dismiss the
other mutually exclusive applications and grant the application of
Bloomington Normal Broadcasting Corporation (File No. BPED-19990602MS).

Sincerely,

Peter H. Doyle

Chief, Audio Division

Media Bureau

cc: J. Geoffrey Bentley, Esq.

Paul Brown, Esq.

[^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, none 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]: BNBC's 60 dBu contour encompasses 148,970 people. BNBC's claimed
    aggregated first and second service is 28,370 people. AFA's 60 dBu
    contour encompasses 8,615 people. AFA's claimed aggregated first and
    second service is 6,168 people. PFI's 60 dBu contour encompasses
    121,220 people. PFI's claimed aggregated first and second service is
    19,165.

[^6]: BNBC claims to provide 22,593 people with new first service. AFA
    claims to provide 2,790 people with new first service.

[^7]: *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.

[^8]: *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.