**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In re Matter of                  | *  | File No. BNPL-20010116ABC    |
|                                  | *) |                              |
| **PUBLIC RADIO OF CAMP           | ** | Facility ID No. 131453       |
| DENNISON**                       |    |                              |
|                                  | *  | File No. BNPL-20010116ABP    |
| Application for a Construction   | *) |                              |
| Permit for a New LPFM Station at | ** | Facility ID No. 131426       |
| Indian Hill, Ohio                |    |                              |
|                                  | *  | File No. BNPL-20010116ABS    |
| **OUR LADY OF THE HOLY SPIRIT    | *) |                              |
| CENTER**                         | ** | Facility ID No. 131351       |
|                                  |    |                              |
| Application for a Construction   | *  | File No. BNPL-20010119ABK    |
| Permit for a New LPFM Station at | *) |                              |
| Norwood, Ohio                    | ** | Facility ID No. 131802       |
|                                  |    |                              |
| **UNITED UNIVERSAL FELLOWSHIP**  | *  | File No. BNPL-20010119ADR    |
|                                  | *) |                              |
| Application for a Construction   | ** | Facility ID No. 131392       |
| Permit for a New LPFM Station at |    |                              |
| Cincinnati, Ohio                 | *  | File No. BNPL-20010122ABR    |
|                                  | *) |                              |
| **MKWS, INC.**                   | ** | Facility ID No. 132219       |
|                                  |    |                              |
| Application for a Construction   | *  | File No. BNPL-20010122ABW    |
| Permit for a New LPFM Station at | *) |                              |
| Cincinnati, Ohio                 | ** | Facility ID No. 132218       |
|                                  |    |                              |
| **FOREST HILLS SCHOOL DISTRICT** | *  | File No. BNPL-20010122AHT    |
|                                  | *) |                              |
| Application for a Construction   | ** | Facility ID No. 132321       |
| Permit for a New LPFM Station at |    |                              |
| Cincinnati, Ohio                 | *  | File No. BNPL-20010122ALM    |
|                                  | *) |                              |
| **CALVARY CHAPEL OF THE          | ** | Facility ID No. 132345       |
| TRI-STATE**                      |    |                              |
|                                  | *  | File No. BNPL-20010117AAC    |
| Application for a Construction   | *) |                              |
| Permit for a New LPFM Station at | ** | Facility ID No. 131737       |
| Cincinnati, Ohio                 |    |                              |
|                                  | *  | File No. BNPL-20010122AFO    |
| **CHRISTIAN HITS, INC.**         | *) |                              |
|                                  | ** | Facility ID No. 132334       |
| Application for a Construction   |    |                              |
| Permit for a New LPFM Station at | *  | File No. BNPL-20010122ALQ    |
| Groesbeck, Ohio                  | *) |                              |
|                                  | ** | Facility ID No. 132056       |
| **VICTORY CHURCH**               |    |                              |
|                                  | *  | File No. BNPL-20010119AEB    |
| Application for a Construction   | *) |                              |
| Permit for a New LPFM Station at | ** | Facility ID No. 131812       |
| Cincinnati, Ohio                 |    |                              |
|                                  | *  |                              |
| **MEDIA BRIDGES CINCINNATI,      | *) |                              |
| INC.**                           | ** |                              |
|                                  |    |                              |
| Application for a Construction   | *  |                              |
| Permit for a New LPFM Station at | *) |                              |
| Cincinnati, Ohio                 | ** |                              |
|                                  |    |                              |
| **O'CONNOR COMMUNICATIONS,       | *  |                              |
| INC.**                           | *) |                              |
|                                  | ** |                              |
| Application for a Construction   |    |                              |
| Permit for a New LPFM Station at | *  |                              |
| Cincinnati, Ohio                 | *) |                              |
|                                  | ** |                              |
| **CINCINNATI COMMUNITY RADIO,    |    |                              |
| INC.**                           | *  |                              |
|                                  | *) |                              |
| Application for a Construction   | ** |                              |
| Permit for a New LPFM Station at |    |                              |
| Cincinnati, Ohio                 | *  |                              |
|                                  | *) |                              |
| **THE NATHAN B. STUBBLEFIELD     | ** |                              |
| WIRELESS GROUP**                 |    |                              |
|                                  | *  |                              |
| Application for a Construction   | *) |                              |
| Permit for a New LPFM Station at | ** |                              |
| Cincinnati, Ohio                 |    |                              |
|                                  | *  |                              |
| **THE NORTHSIDE COMMUNITY        | *) |                              |
| COUNCIL**                        | ** |                              |
|                                  |    |                              |
| Application for a Construction   | ** |                              |
| Permit for a New LPFM Station at | )\ |                              |
| Cincinnati, Ohio                 | )  |                              |
|                                  | ** |                              |
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+----------------------------------+----+------------------------------+

**MEMORANDUM OPINION AND ORDER**

**Adopted: February 6, 2008 Released: February 8, 2008**

By the Commission:

**I. INTRODUCTION**

1\. The Commission has before it the captioned, mutually exclusive
applications of Public Radio of Camp Dennison ("Dennison"); Our Lady of
the Holy Spirit Center ("Holy Spirit"); United Universal Fellowship
("UUF"); MKWS, Inc. ("MKWS"); Forest Hills School District ("Forest
Hills"); Calvary Chapel of the Tri-State ("Calvary Chapel"); Christian
Hits, Inc. ("Christian Hits"); Victory Church ("Victory"); Media Bridges
Cincinnati, Inc. ("Media Bridges"); O'Connor Communications, Inc.
("O'Connor"); Cincinnati Community Radio, Inc. ("CCR"); The Nathan B.
Stubblefield Wireless Group ("Stubblefield"); and The Northside
Community Council ("NCC"), each seeking a construction permit for a new
station in the Low Power FM ("LPFM") Broadcast Service in the
Cincinnati, Ohio, area.[^1] In accordance with our procedures,[^2] the
staff tallied the comparative point totals claimed by each applicant and
listed those point totals in a Public Notice accepting the applications
for filing, establishing a petition to deny period, and specifying the
applications' tentative selectee status.[^3] Therein, Dennison, Holy
Spirit, UUF, MKWS, Forest Hills, Calvary Chapel, Christian Hits,
Victory, and Media Bridges were designated as tentative selectees for
the subject authorization.

2\. National Lawyers Guild Center on Democratic Communications,
Microradio Implementation Project and Prometheus Radio Project
(collectively, "Lawyers Guild"), three organizations whose stated
purpose is to assist churches and communities in the build-out of LPFM,
filed an Informal Objection to the Calvary Chapel application on
September 27, 2001.[^4] On February 27 and June 1, 2004, NCC filed
petitions for reconsideration of the comparative point total awarded its
application in the LPFM Notice of Acceptance Public Notice.[^5] During
the first week of March 2004, NCC's principal, EPC, filed informal
objections to the following applications: Dennison; Christian Hits;
Calvary Chapel; UUF; and MKWS.[^6] Southwestern Ohio Public Radio, Inc.
("SOPR") filed an Informal Objection to the Christian Hits application
on January 27, 2005, which Christian Hits opposed on March 2, 2005.[^7]
No parties filed a petition to deny or informal objection to any of the
other captioned applications. For the following reasons, we grant four
EPC objections[^8] to the extent indicated; dismiss, as moot, two EPC
objections,[^9] the Lawyers Guild Objection, and the SOPR Objection. We
also grant the Media Bridges, Victory, Holy Spirit, and Forest Hills
applications and dismiss those of MKWS, NCC, Stubblefield, CCR,
O'Connor, Dennison, Calvary Chapel, Christian Hits, and UUF.

**II. DISCUSSION**

3\. *EPC Informal Objections.* In his informal objections, EPC alleges
that the captioned Dennison, Calvary Chapel, Christian Hits, UUF, and
MKWS applications are not entitled to a point for "established community
presence" because: (1) Dennison's nonprofit status is not on record with
the Ohio Secretary of State's Office; (2) Calvary Chapel's nonprofit
status was cancelled in 1999 for failure to file a statement of
continued existence, and Calvary Chapel was not reinstated until January
2000, one year before it filed its captioned application; (3) Christian
Hits was incorporated on September 7, 2000, less than one year before it
filed its captioned application; (4) UUF was incorporated on February
23, 2000, less than one year before it filed its captioned application;
and (5) MKWS was not incorporated in the State of Ohio. Thus, EPC
asserts that, because Dennison, Calvary Chapel, Christian Hits UUF, and
MKWS did not legally exist for two years prior to filing their
respective applications, the award to each applicant of one comparative
point for established community presence must be rescinded.

4\. In their respective oppositions, Dennison, Calvary Chapel, and
Christian Hits each state that they are entitled to such a point because
their board members reside within 10 miles of their proposed
transmitting antenna site and had done so for a period of two years or
more prior to the filing of their original applications.[^10] Calvary
Chapel also responds that it has been incorporated in the State of Ohio
since July 27, 1991.[^11] Concerning UUF, its founder Jerome J. Manigan
acknowledges in an Affidavit that UUF was not formally incorporated as
an Ohio non-profit corporation until February 23, 2000.[^12] MKWS states
that it "was incorporated in Cincinnati, Ohio, on March 18, 1996, and
has been an active part of the community since that time."[^13]

5\. Pursuant to the applicable Rules and procedures, an applicant for an
LPFM station must certify its eligibility to own and operate such
station at the time it files its application.[^14] Section 73.853 of the
Rules states that an LPFM station may be licensed to a noncommercial
educational ("NCE") organization for the advancement of an educational
program. The *LPFM Report and Order* states that the establishment of
LPFM as a noncommercial service requires that licensees comply with the
eligibility requirements of Section 397(6) of the Communications Act of
1934, as amended (the "Act").[^15] As relevant to this discussion,
Section 397(6) of the Act defines a "noncommercial educational broadcast
station" as a station which "(A) . . . is owned and operated by a public
agency or nonprofit private foundation, corporation, or association. . .
."[^16] Because individuals are not eligible to own and operate LPFM
stations,[^17] the certification requires that the applicant be a
noncommercial educational institution, corporation, or entity that is
recognized under state law.[^18] Thus, an LPFM applicant must be
incorporated, registered, or otherwise organized as a nonprofit entity
under state law.[^19]

6\. With regard to MKWS, the record establishes that MKWS was not
incorporated as of January 19, 2001, the date on which it filed its
captioned application. Specifically, although MKWS certified in its
application that it is incorporated, evidence submitted by EPC shows
that MKWS was not, and continues not to be, incorporated in the State of
Ohio.[^20] We note that incorporation is not always necessary.[^21]
However, in this case MKWS made no showing that it was an unincorporated
entity. Notably, when the staff requested a response from MKWS to EPC's
allegation that MKWS was ineligible to be an LPFM licensee, MKWS, in its
response,[^22] did not even address the issue. Thus, we find that MKWS
does not meet the basic eligibility requirement that it be a nonprofit
educational organization pursuant to Section 73.852(a). Accordingly, its
application must be dismissed as having been inadvertently accepted for
filing.[^23]

7\. With regard to Dennison, Calvary Chapel, Christian Hits, and UUF,
Section 73.872 of the Commission's Rules (the "Rules"), entitled
"Selection Procedure for Mutually Exclusive LPFM Applications,"
provides, in pertinent part, that:

> \[e\]ach mutually exclusive application will be awarded one point for
> each of the following criteria, based on application certification
> that the qualifying conditions are met: (1) *Established community
> presence.* An applicant must, for a period of at least two years prior
> to application, have been physically headquartered, have had a campus,
> or have had seventy-five percent of its board members residing within
> 10 miles of the coordinates of the proposed transmitting antenna. . .
> .[^24]

8\. The language of the Rule requires that, to qualify for a point for
established local presence, a LPFM applicant must be in existence for at
least two years prior to filing its application. Further, in the
proceeding establishing the low power FM service,[^25] the Commission
discussed the underpinning for this requirement that applicants must
make a threshold showing that they existed two years prior to filing its
application. Therein, the Commission contemplated that the organization
filing the application would have been in existence and based in the
community for at least two years at the time of filing. For example, the
Commission stated that the criterion for demonstrating established
community presence favors *organizations* that have been operating in
the communities where they propose to construct an LPFM station and thus
have \"track records\" of community service and established
constituencies within their communities. The Commission expressed its
belief that such applicants, because of their "longstanding
organizational ties" to their communities, are likely to be more attuned
to, and have "organizational experience" addressing the needs and
interests of their communities.[^26] Further, the Commission stated that
"preferring organizations that have been in existence and physically
present in the community for two years" would "help prevent maneuvering
of the point system by those who might otherwise establish multiple
organizations to file the LPFM applications. [^27]

9\. Further, the Instructions to FCC Form 318 regarding claiming the
point for established community presence expressly provide that:

> To qualify for a point under this criterion, the applicant must have
> an established community presence of at least two years duration in
> the community it proposes to serve. Educational institution and
> organization applicants must be able to certify that, during the two
> years prior to application, (a) it has been in existence as a
> nonprofit educational institution or organization, **and** (b) it has
> been physically headquartered, has had a campus, or has had
> seventy-five percent of its governing board members residing within 10
> miles of the coordinates of the proposed transmitting antenna.[^28]

10\. The Rule language, the Commission's Order adopting the Rule, and
the instructions to the application for an LPFM construction permit all
make clear that, if an applicant desires to claim the point for
established community presence, it must meet the threshold requirement
of existing as an entity for at least two years prior to filing its
application. Although it appears that Dennison was formed as an
unincorporated, private, non-profit association, this did not occur
until January 10, 2001, only six days before it filed its
application.[^29] In addition, the record reveals that EPC is, in fact,
correct in his assertion that Calvary Chapel's incorporation was
canceled and not renewed until January 3, 2000.[^30] The record also
indicates that Christian Hits and UUF were incorporated on September 7,
and February 23, 2000, respectively, less than two years before their
application filing dates.

11\. The fact that Dennison's, Calvary Chapel's, Christian Hits' and
UUF's board members had lived within 10 miles of the proposed
transmitter site for more than two years prior to the filing of their
respective applications does not demonstrate the "longstanding
organizational ties" to Cincinnati envisioned by the Rule.[^31] Although
the information Dennison, Calvary Chapel, Christian Hits, and UUF have
submitted regarding the local residence of individual members of their
respective governing boards is sufficient to demonstrate that each
applicant is "community-based" for purposes of fulfilling the basic
eligibility requirement under Section 73.852(b),[^32] it is not
sufficient to demonstrate that they had an "established community
presence" for two years prior to the filing of the application entitling
them to claim the comparative point for the criterion set forth in
Section 73.872(b)(1). Accordingly, we will grant EPC's informal
objections on this issue only to the extent that we find that Dennison,
Calvary Chapel, Christian Hits, and UUF are each not entitled to a
comparative point for established community presence.

12\. *LPFM Selection Process.* Before applying the LPFM mutually
exclusive selection procedure preferences to determine the number of
merit points to be awarded to each applicant, we first ascertain the
basic eligibility of the applicants. In order to further our diversity
goals and foster local, community-based service, we do not allow any
broadcaster or other media entity subject to our ownership rules to
control or to hold an attributable ownership interest in an LPFM station
or enter broadcast-related operating agreements with an LPFM
licensee.[^33] Additionally, to foster the local nature of LPFM service,
we have limited eligibility to local entities during the first two years
that LPFM licenses are available.[^34] Based on the record before us, we
conclude that Dennison, Holy Spirit, UUF, Forest Hills, Calvary Chapel,
Christian Hits, Victory, Media Bridges, O'Connor, CCR, Stubblefield, and
NCC are each qualified to hold an LPFM authorization.

13\. Mutually exclusive LPFM applications filed by qualified applicants
are subject to the comparative selection procedures set forth in Section
73.872 of the Rules.[^35] This procedure awards a maximum of three
points, based on three criteria deemed to be most relevant to predicting
the applicant best qualified to provide the service for which LPFM
spectrum has been allocated, with the applicant with the highest points
awarded named the tentative selectee:[^36]

-   Each applicant that certified that it has had an *established
    community presence* *of at least two years\'* *duration* is awarded
    one point. An applicant is deemed to have an established community
    presence if, for a period of at least two years prior to
    application, the *applicant* has been physically headquartered, has
    had a campus, or has had 75 percent of its board members residing
    within 10 miles of the reference coordinates of the proposed
    transmitting antenna.

-   An applicant that has *pledged to operate at least 12 hours per day*
    is awarded one point.

-   An applicant that has *pledged to originate locally at least eight
    hours of programming per day* is awarded one point. For purposes of
    this criterion, local origination is defined as the production of
    programming within 10 miles of the reference coordinates of the
    proposed transmitting antenna.[^37]

14\. Under this comparative selection process, the applicants here are
awarded the following points:

-   *Established Community Presence.* Holy Spirit, Forest Hills,
    Victory, Media Bridges, O'Connor, and NCC are each entitled to a
    point because they have each certified that, for a period of at
    least two years prior to the filing date of its application, they
    existed as an educational institution or organization and had been
    physically headquartered, had a campus, or had 75 percent of their
    board members residing within 10 miles of the coordinates of the
    proposed transmitting antenna.[^38] CCR and Stubblefield[^39] are
    not entitled to a point because neither has so certified.[^40]
    Dennison, Calvary Chapel, Christian Hits, and UUF are also not
    entitled to a point because, although they each certified as having
    an "established community presence," they do not meet the
    requirements of existing as an educational institution or
    organization for a period of at least two years prior to their
    application filing date and being physically headquartered, having a
    campus, or having 75 percent of its board members residing within 10
    miles of the reference coordinates of the proposed transmitting
    antenna for a period of at least two years prior to that date.[^41]

-   *Proposed Operating Hours.* Holy Spirit, Forest Hills, Victory,
    Media Bridges, Dennison, Calvary, Christian Hits, CCR, Stubblefield
    and UUF are each entitled to a point because they have each pledged
    to operate at least 12 hours per day.[^42] O'Connor[^43] and
    NCC[^44] are not entitled to a point because they have not so
    pledged.

-   *Local Program Origination.* Holy Spirit, Forest Hills, Victory,
    Media Bridges, Dennison, Calvary Chapel, Christian Hits, UUF,
    O'Connor, CCR, and Stubblefield are each entitled to a point because
    they have each pledged to originate at least eight hours of local
    programming per day.[^45] NCC[^46] is not entitled to a point
    because it has not so pledged.

*Total Points.* Accordingly, Holy Spirit, Forest Hills, Victory, and
Media Bridges are each entitled to three points. Dennison, Calvary
Chapel, Christian Hits, UUF, O'Connor, CCR, and Stubblefield are each
entitled to two points,[^47] and NCC is entitled to one point. Because
we are dismissing Calvary Chapel's and Christian Hits' applications on
comparative grounds, we need not address the objections to their
applications filed by Lawyers Guild[^48] and SOPR.[^49] A time-share
agreement has been submitted by Christian Hits, Calvary Chapel, Forest
Hills, and Dennison. However, with the dismissal of Dennison's, Calvary
Chapel's, and Christian Hits' applications, the agreement includes
applicants other than the four remaining, eligible applicants; therefore
the agreement is invalid and must be dismissed. [^50] Thus, Holy Spirit,
Forest Hills, Victory, and Media Bridges are the prevailing tentative
selectees in LPFM Mutually Exclusive Group No. 66. Because the remaining
parties did not file a voluntary time-share agreement, the applicants
are eligible for equal, successive license terms of two years each.[^51]
The terms of the grant will also be made part of the authorization
issued to each of these applicants. We conclude that grant of the Holy
Spirit, Forest Hills, Victory, and Media Bridges applications would
serve the public interest, convenience and necessity.

**III. ORDERING CLAUSES**

15\. Accordingly, IT IS ORDERED that the informal objections filed by
Edward P. Cunningham to the applications of Christian Hits, Dennison,
Calvary Chapel, and UUF, respectively, ARE HEREBY GRANTED to the extent
indicated and otherwise DENIED.

16\. IT IS FURTHER ORDERED that the application of MKWS, Inc. (File No.
BNPL-20010119ABK) IS DISMISSED AS INADVERTENTLY ACCEPTED FOR FILING.

17\. IT IS FURTHER ORDERED, that the applications of Northside Community
Council (File No. BNPL-20010119AEB); the Nathan B. Stubblefield Wireless
Group (File No. BNPL-20010122ALQ); Cincinnati Community Radio, Inc.
(File No. BNPL-20010122AFO); O'Connor Communications, Inc. (File No.
BNPL-20010117AAC); Public Radio of Camp Dennison (File No.
BNPL-20010116ABC); Calvary Chapel of the Tri-State (File No.
BNPL-20010122ABR); Christian Hits, Inc. (File No. BNPL-20010122ABW); and
United Universal Fellowship (File No. BNPL-20010116ABS) ARE DISMISSED.

18\. IT IS FURTHER ORDERED that the Informal Objection of Lawyers Guild
to the application of Calvary Chapel of the Tri-State (File No.
BNPL-20010122ABR) IS HEREBY DISMISSED as moot.

19\. IT IS FURTHER ORDERED that the Informal Objection of Southwestern
Ohio Public Radio, Inc. to the application of Christian Hits, Inc. (File
No. BNPL-20010122ABW) IS HEREBY DISMISSED as moot.

20\. IT IS FURTHER ORDERED that the Informal Objection of Edward P.
Cunningham to the application of MKWS, Inc. IS DISMISSED as moot. IT IS
FURTHER ORDERED that the Informal Objection of Edward P. Cunningham to
the dismissed application of Vineyard Community Church (File No.
BNPL-20010122ACA) IS DISMISSED as moot.

21\. IT IS FURTHER ORDERED that the Informal Objection of Christian
Community FM and the Petition to Deny filed by Edward P. Cunningham
regarding the dismissed application of M&M Community Development, Inc.
(File No. BNPL-20010122AGJ) and all related pleadings ARE HEREBY
DISMISSED as moot.

22\. IT IS FURTHER ORDERED that the voluntary time-share agreement filed
on February 26, 2004, by Christian Hits, Calvary Chapel, Forest Hills,
and Dennison IS DISMISSED.

23\. IT IS FURTHER ORDERED, that the applications of Media Bridges
Cincinnati, Inc. (File No. BNPL-20010122ALM); Victory Church (File No.
BNPL-20010122AHT); Our Lady of the Holy Spirit Center (File No.
BNPL-20010116ABP); and Forest Hills School District (File No. BNPL-

20010119ADR) ARE GRANTED.

24\. IT IS FURTHER ORDERED that copies of this *Memorandum Opinion and
Order* shall be sent, by First Class and Certified Mail, Return Receipt
Requested, to Public Radio Camp of Dennison, 9550 Cunningham Road,
Cincinnati, Ohio 45243; Our Lady of the Holy Spirit Center, 5440 Moeller
Avenue, Norwood, Ohio 45212; United Universal Fellowship, 3418 Larona
Avenue, Cincinnati, Ohio 45229; MKWS, Inc., P.O. Box 37463, Cincinnati,
Ohio 45222; Forest Hills School District, 7550 Forest Road, Cincinnati,
Ohio 45255; Calvary Chapel of the Tri-State, 946 Summit Avenue,
Cincinnati, Ohio 45246; Christian Hits, Inc., 3243 Sovereign Drive,
Cincinnati, Ohio 45251; Victory Church, 1114 Simmons Avenue, Cincinnati,
Ohio 45215, and to its counsel Perry Thompson, Esq., Osborne Craig, PLC,
9625 Surveyor, Manassas, Virginia 20110; Media Bridges Cincinnati, Inc.,
2114 Reading Road, Cincinnati, Ohio 45202; O'Connor Communications,
Inc., 415 Greenwell Avenue, Cincinnati, Ohio 45248; Cincinnati Community
Radio, Inc., 7617 Reading Road, Suite 213, Cincinnati, Ohio 45237, and
to its counsel Christine McLaughlin, Esq., Alston and Bird, LLP, 601
Pennsylvania Avenue, N.W., North Building, 10^th^ Floor, Washington, DC
20004; The Nathan B. Stubblefield Wireless Group, 9120 Trinidad Drive,
Cincinnati, Ohio 45231; and Northside Community Council, 2931 Feltz
Avenue, Cincinnati, Ohio 45211.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

[^1]: The application of M&M Community Development, Inc. ("M&M") (File
    No. BNPL-20010122AGJ) was dismissed by the Bureau, per the
    applicant's request, on June 6, 2005. The application of Vineyard
    Community Church (File No. BNPL-20010122ACA) was dismissed by the
    Bureau, per the applicant's request, on August 22, 2006. Christian
    Community FM ("CCFM") filed an Informal Objection to the M&M
    application on September 24, 2001; M&M filed an Opposition on
    December 31, 2001, to which CCFM replied on March 14, 2002. CCFM's
    Objection and all related pleadings will be dismissed as moot.
    Edward P. Cunningham ("EPC") filed a Petition to Deny M&M's
    application on March 1, 2004, which we also dismiss as moot.

[^2]: *See Creation of a Low Power Radio Service,* Report and Order, 15
    FCC Rcd 2205 (2000) ("*LPFM* *Report and Order*"); *recon. generally
    denied,* Memorandum Opinion and Order on Reconsideration*,* 15 FCC
    Rcd 19208 (2000); *regulation modification granted by* Second Report
    and Order, 16 FCC Rcd 8026 (2001); Third Report and Order and Second
    Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11,
    2007) ("*Third Report and Order*").

[^3]: ^?^ *See Closed Groups of Pending Low Power FM Mutually Exclusive
    Applications Accepted for Filing,* Public Notice, 19 FCC Rcd 1034
    (MB Jan. 28, 2004).

[^4]: On October 30, 2001, Calvary Chapel filed a Motion to Dismiss the
    Lawyers Guild Objection; on November 6, 2001, Lawyers Guild
    submitted an Opposition to the Motion, to which Calvary Chapel
    replied on November 15, 2001.

[^5]: NCC filed a Petition for Reconsideration of the January 28, 2004,
    LPFM Notice of Acceptance Public Notice on February 27, 2004, and it
    filed a Petition for Reconsideration of the May 3, 2004, Bureau
    denial of its voluntary time-share agreement with Media Bridges. The
    Bureau denied these petitions on October 14, 2004, and July 7, 2005,
    respectively. *See Letter to Edward P. Cunningham*, Ref. 1800B3-SS
    (MB Oct. 14, 2004); and *Letter to Edward P. Cunningham*, Ref.
    1800B3-SS (MB Jul. 7, 2005). In disallowing the Petition regarding
    the Public Notice, the Bureau found that two of NCC's claimed
    comparative points were based upon an amendment that it had filed
    improving its comparative position, in violation of 47 C.F.R. §
    73.871(b). The Bureau denied the voluntary time-share agreement
    because it was not an agreement among those tied for the highest
    point total in the group; thus, it was impermissible under 47 C.F.R.
    § 73.872(c).

[^6]: EPC filed an informal objection on March 3, 2004, to Dennison's
    application, which Dennison opposed on April 5, 2004; EPC filed a
    Petition to Deny Christian Hits' application on March 1, 2004, which
    Christian Hits opposed on April 20, 2004; EPC filed an informal
    objection on March 4, 2004, to Calvary Chapel's application, which
    Calvary Chapel opposed on June 2, 2004; EPC filed Petitions to Deny
    UUF's, and MKWS's applications on March 1, 2004; EPC filed an
    informal objection on March 3, 2004, to the now-dismissed Vineyard
    application, which we dismiss, as moot. Because the deadline for
    petitions to deny was February 27, 2004, we will treat EPC's
    remaining petitions to deny as informal objections pursuant to 47
    C.F.R. § 73.3587. Because EPC's objections did not indicate service
    upon the applicants, on May 18, 2005, the Bureau provided each
    applicant with a copy of each respective objection and gave it 20
    days in which to respond. MKWS, the only applicant to respond,
    submitted an e-mail response on May 21, 2005, inquiring about
    unrelated transferability matters. On June 6, 2005, EPC filed a
    consolidated reply to the oppositions of Dennison, Calvary Chapel,
    and Christian Hits.

[^7]: ^?^ On February 21, 2006, SOPR withdrew its Informal Objection to
    the Christian Hits application.

[^8]: *See* EPC informal objections filed to the captioned applications
    of Calvary Chapel, Dennison, Christian Hits, and UUF.

[^9]: Because the MKWS and Vineyard applications were inadvertently
    accepted for filing, we will dismiss the EPC objections to these
    applications as moot.

[^10]: *See* Dennison Opposition at 2; *see also* Calvary Chapel
    Opposition at 2; Christian Hits Opposition at 2.

[^11]: *See* Calvary Chapel Opposition at 1.

[^12]: *See* captioned UUF Application at Attachment 2, Exhibit 7.

[^13]: *See* captioned MKWS Application Attachment 2, Exhibit 7.

[^14]: *See* Instructions for FCC Form 318, Section II, Question 2. *See
    also* FCC Form 318, Section II, Question 2.

[^15]: *LPFM Report and Order,* 15 FCC Rcd at 2215.

[^16]: 47 U.S.C. § 397(6).

[^17]: ^?^ *LPFM Report and Order*, 15 FCC Rcd 2205 at ¶ 20, n. 40. *See
    also* Instructions to FCC Form 318, Section II, Question 2(b).

[^18]: ^?^ *Id.* at ¶¶ 18, 19. *See also* 47 U.S.C. § 397(6)(A).

[^19]: The Commission restricted the initial LPFM filing windows to
    "local" applicants. 47 C.F.R. § 73.853(b). *See also, LPFM Report
    and Order,* 15 FCC Rcd at 2215.

[^20]: *See* EPC Objection at 1. *See also* Secretary of State of Ohio
    website, <http://www.sos.state.oh.us/>, visited June 7, 2005.

[^21]: As stated *supra* at para. 5, an LPFM applicant may be registered
    or otherwise recognized as a nonprofit educational entity under
    state law.

[^22]: *See* E-mail from Wilhelmina C. Hurd, President and CEO, MKWS,
    Inc., to Peter H. Doyle, Chief, Audio Division, Media Bureau (May
    21, 2005).

[^23]: *See* 47 C.F.R. § 73.853(a).

[^24]: 47 C.F.R. § 73.872(b)(1).

[^25]: ^?^ *LPFM Report and Order, supra*, 15 FCC Rcd 2205.

[^26]: *Id.* (emphasis added).

[^27]: *Id*. at 2260 ¶ 140.

[^28]: Page 8, A. Question 1: Established Community Presence (emphasis
    added).

[^29]: *See* Secretary of State of Ohio website,
    <http://www.sos.state.oh.us/>, visited June 7, 2005; *see also*
    captioned Dennison Application at Attachment 2, Exhibit 2
    supplemental.

[^30]: *See* Secretary of State of Ohio website,
    <http://www.sos.state.oh.us/>, visited June 7, 2005.

[^31]: *See LPFM Report & Order, supra,* 15 FCC Rcd at 2260 ¶ 140. We do
    not question whether Dennison's, Calvary Chapel's, Christian Hits',
    and UUF's listed principals have lived in the Cincinnati area within
    10 miles of each applicant's proposed transmitter site for more than
    two years. However, because the Commission does not license LPFM
    stations to individuals, the Dennison, Calvary Chapel, Christian
    Hits, UUF, and MKWS principals' individual ties to the community do
    not provide the "organizational ties" valued by the Commission for
    LPFM applicants.

[^32]: *Id*. at ¶ 33. *See also* 47 C.F.R. § 73.853.

[^33]: *See* 47 C.F.R. § 73.860.

[^34]: *See* 47 C.F.R. § 73.853(b). The *Third Report and Order* amends
    this rule section. Pursuant to the amended 47 C.F.R. § 73.853(b),
    \"\[o\]nly local applicants will be permitted to submit
    applications.\" The amended rule takes effect on March 17, 2008.

[^35]: 47 C.F.R. § 73.872.

[^36]: *Id.*

[^37]: *See id.*

[^38]: *See* captioned Holy Spirit Application at Section III, Question
    1(a); *see also* Exhibit 7; captioned Forest Hills Application at
    Section III, Question 1(a); *see also* Exhibit 7; captioned Victory
    Application at Section III, Question 1(a); *see also* Exhibit 7;
    captioned Media Bridges Application at Section III, Question 1(a);
    *see also* Exhibit 7; captioned O'Connor Application at Section III,
    Question 1(a); *see also* Exhibit 7; captioned NCC Application at
    Section III, Question 1(a); *see also* Exhibit 7.

[^39]: Although Stubblefield certified to having an "established
    community presence," an amendment to its application acknowledges
    its incorporation date as February 12, 2001, less than one month
    before it filed its application. Accordingly, Stubblefield does not
    meet the requirements to claim this point pursuant to 47 C.F.R. §
    73.972(b)(1). *See* captioned Stubblefield Application at Attachment
    1.

[^40]: ^?^ *See* captioned CCR Application at Section III, Question
    1(a); *see also* Exhibit 7; *see also* captioned Stubblefield
    Application at Section III, Question 1(a); *see also* Exhibit 7.

[^41]: *See* captioned Dennison Application at Section III, Question
    1(a); *see also* Exhibit 7; captioned Calvary Chapel Application at
    Section III, Question 1(a); *see also* Exhibit 7; captioned
    Christian Hits Application at Section III, Question 1(a); *see also*
    Exhibit 7; and captioned UUF Application at Section III, Question
    1(a); *see also* Exhibit 7.

[^42]: *See* captioned Dennison, Holy Spirit, UUF, Forest Hills, Calvary
    Chapel, Christian Hits, Victory, Media Bridges, CCR, and
    Stubblefield Applications at Question 2.

[^43]: ^?^ The captioned O'Connor Application lacked a mark in either
    the "yes" or "no" boxes of Section III, Question 2.

[^44]: *See* n.5*, supra*.

[^45]: *See* captioned Dennison, Holy Spirit, UUF, Forest Hills, Calvary
    Chapel, Christian Hits, Victory, Media Bridges, O'Connor, CCR, and
    Stubblefield Applications at Question 3.

[^46]: *See* n.5, *supra*.

[^47]: Because the MKWS application is dismissed as inadvertently
    accepted for filing, MKWS' comparative point totals are moot and not
    reflected in the above tabulations.

[^48]: In its Informal Objection to Calvary Chapel's application,
    Lawyers Guild alleges that Calvary Chapel does not demonstrate a
    "distinct local presence and mission," and therefore violates 47
    C.F.R. § 73.853(b). Lawyers

    Guild also argues that Calvary Chapel is in violation of 47 C.F.R. §
    73.855 because one entity cannot own more than one LPFM station
    during its first two years of service. In opposition, Calvary Chapel
    argues that the Lawyers Guild objection should be dismissed for
    ignoring "clearly-established Commission procedures," but "reserves
    the right to respond to the Guild's submission in the event that the
    Bureau chooses to consider it." Because Calvary Chapel's application
    will be dismissed on comparative grounds, we find that we need not
    discuss the Lawyers Guild allegations. Accordingly, we will dismiss
    the Lawyers Guild objection as moot. *See* Lawyers Guild informal
    objection at 2 and 5; *see also* Calvary Chapel Opposition at 2-3.

[^49]: SOPR requests that the Commission withhold action on Christian
    Hits' application until civil litigation between SOPR and a "William
    Spry" *et al.* is concluded in two Ohio courts. SOPR alleges a link
    between Spry and Christian Hits. In response, Christian Hits states
    that Spry merely aided Christian Hits in preparing its application
    and time-share agreement, and that Spry "is not an employee of
    Christian Hits, nor is he a board member." Because Christian Hits'
    application will be dismissed as being a non-prevailing tentative
    selectee, we find that we need not resolve the SOPR allegations.
    Accordingly, we will dismiss the SOPR Objection as moot. *See*
    Christian Hits Response filed April 7, 2005; *see also* n.7,
    *supra.*

[^50]: *See* 47 C.F.R. §73.872. Section 73.872(c) states in part:

    > *Voluntary time-sharing.* If mutually exclusive applications have
    > the same point total, any two or more of the tied applicants may
    > propose to share use of the frequency by submitting, within 30
    > days of the release of a public notice announcing the tie, a
    > time-share proposal. Such proposals shall be treated as amendments
    > to the time-share proponents\' applications, and shall become part
    > of the terms of the station license. Where such proposals include
    > all of the tied applications, all of the tied applications will be
    > treated as tentative selectees; otherwise, time-share proponents\'
    > points will be aggregated to determine the tentative selectees. .
    > . .

[^51]: *See* 47 C.F.R. § 73.872(d); *see also* 47 C.F.R. § 73.873.