Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In re Applications of            | * | MB Docket No. 04-144         |
|                                  | * |                              |
| **PISCATAWAY BOARD OF            | ) | Facility ID No. 52686        |
| EDUCATION**                      | * |                              |
|                                  | * | File No. BRED-19980427WA     |
| For Renewal of License           |   |                              |
|                                  | * | Facility ID No. 91347        |
| For Noncommercial Educational    | * |                              |
|                                  | ) | File No. BPED-19980805MB     |
| Station WVPH(FM), Piscataway,    | * |                              |
| New Jersey                       | * |                              |
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| and                              | * |                              |
|                                  | * |                              |
| **KING'S TEMPLE MINISTRIES,      | ) |                              |
| INC.**                           | * |                              |
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| For a Construction Permit        |   |                              |
|                                  | * |                              |
| For a New Noncommercial          | * |                              |
| Educational                      | ) |                              |
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| FM Station, Plainfield, New      | * |                              |
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**HEARING DESIGNATION ORDER**

**Adopted: April 5, 2004 Released: April 9, 2004**

By the Chief, Audio Division, Media Bureau:

1.  The Commission, by the Chief, Audio Division, acting pursuant to
    delegated authority, has before it: (1) the application of
    Piscataway Board of Education ("Piscataway Board") for renewal of
    license for noncommercial educational ("NCE") FM station WVPH(FM) on
    Channel 212 in Piscataway, New Jersey; and (2) the mutually
    exclusive application of King's Temple Ministries, Inc. ("King's
    Temple") for authority to construct a new NCE FM station on Channel
    212 in Plainfield, New Jersey, on a time sharing basis with
    WVPH(FM). Piscataway Board and King's Temple would not serve
    substantial areas in common.

2.  The Telecommunications Act of 1996 ("Act") generally eliminated
    comparative renewal proceedings by prohibiting the Commission from
    considering whether the public interest would be served by granting
    a license to someone other than the renewal applicant.[^1] The Act
    did not, however, eliminate the Commission's longstanding policy to
    consider time sharing proposals to accommodate competing demand for
    limited NCE FM spectrum.[^2] NCE new station applicants can propose
    to share time in response to renewal applications from NCE
    licensees, like Piscataway Board, that do not operate at least 12
    hours per day each day of the year.[^3] In such circumstances, our
    rules require the current licensee "to share use of the frequency
    upon grant of an appropriate application proposing such share time
    arrangement."[^4] The rules further require the licensee and the
    competing applicant(s) to endeavor to reach an agreement on a
    definite schedule of times to be used by each.[^5] If, however, they
    are unable to reach such an agreement, and if no qualifications
    issues arise regarding the renewal or new station applicant(s), the
    rules require the Commission to set the matter for expedited hearing
    on the issue of sharing time.[^6]

3.  Here, the applicants indicate that they have attempted but failed to
    negotiate a time sharing agreement. We have examined the
    applications and find no qualifications issues regarding either
    party. We further find that conditional grant of both Piscataway
    Board's renewal application and King's Temple's application for a
    new NCE FM station, which includes a proposal to share time with
    Piscataway Board, will serve the public interest, convenience, and
    necessity. Pursuant to Section 73.561(b)(2) of the Commission's
    rules,[^7] we are designating this matter for an expedited hearing
    limited solely to the issue of sharing time. It should be noted that
    this action is not intended to preclude the applicants, either
    before the commencement of the hearing or at any time during the
    course of the hearing, from negotiating a time sharing agreement.

4.  Accordingly, IT IS ORDERED, that the application of Piscataway Board
    of Education for renewal of license of WVPH(FM), Piscataway, New
    Jersey, File No. BRED-19980427WA, and the mutually exclusive
    application of King's Temple Ministries, Inc. for authority to
    construct a new NCE FM station on Channel 212 in Plainfield, New
    Jersey, File No. BPED-19980805MB, on a time sharing basis with
    WVPH(FM), ARE GRANTED, subject to the conditions that (1) either (a)
    the parties negotiate and jointly file with the Commission a time
    sharing agreement, or (b) the hearing ordered in Paragraph 6, below,
    is concluded, and a copy of the resulting written time sharing
    arrangement is provided to the Chief of the Commission's Audio
    Division; and (2) the authorizations of Piscataway Board of
    Education and King's Temple Ministries, Inc. are modified in
    accordance with the terms and conditions of either the negotiated
    time sharing agreement or the time sharing arrangement imposed as a
    result of the hearing, as applicable.

5.  IT IS FURTHER ORDERED, that such time sharing agreement or
    arrangement, as applicable, SHALL BECOME EFFECTIVE as of the date on
    which King's Temple Ministries, Inc. files an application for a
    license to cover its construction permit and begins program tests,
    and SHALL BECOME PART OF THE TERMS OF EACH STATION'S LICENSE by
    attachment thereto.

6.  IT IS FURTHER ORDERED, that pursuant to 47 C.F.R. Section
    73.561(b)(2), the application of Piscataway Board of Education for
    renewal of license of WVPH(FM), Piscataway, New Jersey, File No.
    BRED-19980427WA, and the mutually exclusive application of King's
    Temple Ministries, Inc. for authority to construct a new NCE FM
    station on Channel 212 in Plainfield, New Jersey, File No.
    BPED-19980805MB, on a time sharing basis with WVPH(FM), ARE
    DESIGNATED FOR EXPEDITED HEARING IN A CONSOLIDATED PROCEEDING, at a
    time and place to be specified in a subsequent Order, upon the
    following issue:

To establish the terms and conditions of a time sharing arrangement,
including the hours of the day throughout the year during which each
licensee is to operate, and to set forth such terms and conditions in a
written document. Such arrangement shall not include simultaneous
operation of the stations.

7.  IT IS FURTHER ORDERED, that pursuant to 47 C.F.R. Section 1.221(b),
    the Commission's Consumer and Governmental Affairs Bureau, Reference
    Information Center, SHALL SEND copies of this Order, by certified
    mail, return receipt requested, to the parties through counsel, as
    listed below:

> Cary S. Tepper, Esquire
>
> Booth, Freret, Imlay & Tepper, PC
>
> 7900 Wisconsin Avenue, Suite 304
>
> Bethesda, MD 20814-3628
>
> Counsel for Piscataway Board of Education
>
> John M. Pelkey, Esquire
>
> Garvey Schubert Barer
>
> Flour Mill Building, Fifth Floor
>
> 1000 Potomac Street, N.W.
>
> Washington, D.C. 20007-3501
>
> Counsel for King's Temple Ministries, Inc.

8.  IT IS FURTHER ORDERED, that a copy of each document filed in this
    proceeding subsequent to the date of adoption of this Order SHALL BE
    SERVED on the counsel of record appearing on behalf of the Chief,
    Enforcement Bureau. Parties may inquire as to the identity of such
    counsel by calling the Investigations and Hearings Division of the
    Enforcement Bureau at (202) 418-1420. Such service copy SHALL BE
    ADDRESSED to the named counsel of record, Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission, 445 12th Street, S.W., Room 3-B443, Washington, D.C.
    20554.

9.  IT IS FURTHER ORDERED, that to avail themselves of the opportunity
    to be heard, Piscataway Board of Education and King's Temple
    Ministries, Inc., pursuant to 47 C.F.R. Section 1.221(c), in person
    or by their respective attorneys, within twenty (20) days of the
    mailing of this Order, SHALL FILE in triplicate A WRITTEN APPEARANCE
    stating an intention to appear on the date fixed for the hearing and
    present evidence on the issues specified in this Order.

10. IT IS FURTHER ORDERED, that the applicants herein, pursuant to 47
    U.S.C. Section 311(a)(2) and 47 C.F.R. Section 73.3594, SHALL GIVE
    NOTICE of the hearing within the time and in the manner prescribed
    in 47 C.F.R. Section 73.3594, and SHALL ADVISE the Commission of the
    publication of such notice as required by 47 C.F.R. Section
    73.3594(g).

11. IT IS FURTHER ORDERED, that the Secretary of the Commission,
    pursuant to 47 C.F.R. Section 1.221(b), SHALL HAVE this Order or a
    summary thereof PUBLISHED in the Federal Register.

FEDERAL COMMUNICATIONS COMMISSION

Peter H. Doyle

Chief, Audio Division

Media Bureau

[^1]: 47 U.S.C. § 309(k). *See Implementation of Sections 204(A) and
    204(C) of the Telecommunications Act of 1996 (Broadcast License
    Renewal Procedures*), 11 FCC Rcd 6363 (1996).

[^2]: *See* *Nassau Community College*, 12 FCC Rcd 12234, 12234-5
    (1997). *See also* *Comparative Standards for Noncommercial
    Educational Applicants*, *Memorandum Opinion and Order*, 16 FCC Rcd
    5074 (2001) (affirming use of time sharing as tie breaker of last
    resort in selecting among competing applicants for new NCE stations)
    (*"NCE MO&O"*).

[^3]: 47 C.F.R. § 73.561(b).

[^4]: *Id.*

[^5]: *Id.* § 73.561(b)(1).

[^6]: *Id.* § 73.561(b)(2).

[^7]: *Id.*