Federal Communications Commission FCC 07-40 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
Comparative Consideration of 76 Groups of 
Mutually Exclusive Applications 
for Permits to Construct New or Modified 
Noncommercial Educational FM Stations
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NCE MX Group Numbers 880611, 89101E, 
94116, 94123E, 950215, 95031E, 95062E, 
95072E. 95076E, 95083E, 95095E, 951129, 
960304, 960813, 96086E, 960908, 960911, 
961010, 961011, 961121, 970111, 970113, 
970209, 970310, 970312, 970514, 970520, 
970630, 970631, 970726, 970730, 970738, 
970815, 970823, 970928, 97091E, 971015, 
971019, 980111, 980301, 98033P, 9803HL, 
980401, 980404, 980415, 98043S, 980510, 
980605, 980609, 980616, 980619, 9806PP, 
980704, 980801, 980805, 980815, 980902, 
980910, 981003, 981005, 981010, 981106, 
981209, 981212, 990101, 990109, 9901XP, 
990306, 990307, 9903TP, 990403, 990408, 
990508, 990512, 990607, 990609 
MEMORANDUM OPINION AND ORDER
Adopted:  March 22, 2007 Released:  March 27, 2007
By the Commission: Commissioners Copps, Adelstein, and McDowell issuing separate statements.
 
TABLE OF CONTENTS
Paragraph
I.   BACKGROUND 1
II.  GENERAL NCE PROCEDURES 5
A. Section 307(b) -- Threshold Fair Distribution Study 6
B.  Point System Selection Process 8
C.  Tie-Breakers 13
III. COMPARATIVE ISSUES REQUIRING ADDITIONAL ANALYSIS 14
A. Preliminary Issues 14
B. Threshold Section 307(b) Issues 21
C.  Established Local Applicant Issues 31
D.  Diversity of Ownership Issues 41
E.  Technical Parameters 48
F.  Other Point System Issues 53
G.  Tie-Breaker Clarification 54
H.  Major Changes in Ownership 56
IV. NARRATIVE OF GROUP POINT SYSTEM DETERMINATIONS 70
V.   OTHER PETITIONS 197
VI.   NEXT STEPS 198
VII.  ORDERING CLAUSES 206
APPENDIX  Noncommercial Educational Groups
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I. BACKGROUND
1.  The Commission has before it for comparative consideration approximately 200 mutually 
exclusive applications for new or modified noncommercial educational (NCE) FM station construction 
permits.  Each of these applications is cut off from the filing of new competing applications and is 
mutually exclusive with at least one other cut-off application. These applications comprise 76 mutually 
exclusive groups.1 By this Memorandum Opinion and Order (Order), the Commission determines that 
two of these applications should be processed as singletons (i.e., not mutually exclusive with any other 
application) and tentatively selects 74 applications from the remaining 74 groups for grant by application 
of the NCE point system. Our selection is tentative because petitions to deny may be filed against the 
applicant tentatively selected pursuant to these point system determinations.2 The Commission directs the 
staff to issue a public notice establishing a filing deadline for any such petitions, and to take all steps 
necessary to process the applications and any petitions that may be received in accordance with the 
procedures provided herein.   Finally, we direct the staff to open a filing window for NCE FM new and 
major change applications in October 2007.3
2. The applications addressed in this Order were filed at a time when the Commission used 
formal comparative evidentiary hearings to resolve conflicts among mutually exclusive NCE applications.  
The Commission subsequently adopted a simplified, paper hearing process for selecting among such 
NCE applications.4 The revised NCE comparative procedures are codified in Part 73, Subpart K, of the 
Commissions Rules (the Rules).5 Application conflicts not resolved under a fair distribution 
analysis6 are compared under a new NCE point system.7
  
1 The applications discussed in this Memorandum Opinion and Order comprise the majority of the pending cut-off 
mutually exclusive NCE FM groups.    The Commission or its staff will issue separate documents to announce 
tentative selectees from approximately ten additional NCE groups.  There also are about a dozen groups in which 
disposition of a pending NCE settlement agreement is awaiting the resolution of a matter beyond the Commissions 
control, such as receipt of international clearances.  Finally, also pending before the staff are approximately six cases 
in which it received petitions in response to the tentative selection of NCE applicants pursuant to fair distribution 
principles.  See 47 U.S.C.  307(b); 47 C.F.R.  73.7002. 
2 See 47 C.F.R.  73.7004(b).
3 The notice should also include information concerning the filing of point supplements for NCE applications 
already on file which have not been cut off and which, therefore, will be considered along with applications filed 
during the window.  See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, 
Memorandum Opinion and Order, 16 FCC Rcd 5074, 5086 (2002).
4  See Reexamination of the Comparative Standards for Noncommercial Educational Applicants, Notice of Proposed 
Rulemaking, 10 FCC Rcd 2877 (1995), further rules proposed, Further Notice of Proposed Rulemaking, 13 FCC 
Rcd 21167 (1998), rules adopted, Report and Order, 15 FCC Rcd 7386 (2000) (NCE Order), vacated in part on 
other grounds sub nom., National Public Radio v. FCC, 254 F.3d 226 (D.C. Cir. 2001) clarified, Memorandum 
Opinion and Order, 16 FCC Rcd 5074 (NCE MO&O), Erratum, 16 FCC Rcd 10549, recon. denied, Memorandum 
Opinion and Second Order on Reconsideration, 17 FCC Rcd 13132 (2002) (NCE Reconsideration Order), affd 
sub nom. American Family Assn v. FCC, 365 F.3d 1156 (D.C. Cir. 2004) (American Family), cert. denied, 125 
S.Ct. 634 (2004) (history pertaining only to non-reserved band FM channels omitted).
5 47 C.F.R.  73.7000  7005.
6 See 47 C.F.R.  73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to 
serve different communities).
7 See id; 47 C.F.R.  73.7003 (point system selection procedures).
Federal Communications Commission FCC 07-40 
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3. The Commission provided these applicants several opportunities to resolve application 
conflicts by settlement and technical amendment.8 It also determined that the new comparative 
procedures would apply to all NCE applications.  Applicants were required to file settlements or technical 
amendments resolving all mutual exclusivities, or NCE comparative information on FCC Forms 340 or 
340-Supp, by July 19, 2001.9 Applicants that did not timely file such supplements were subject to 
dismissal.10 Comparative filings provided information as of June 4, 2001, which is also known as the 
snapshot date.11 Any changes made after that snapshot date could potentially reduce, but could not 
increase, an applicants points.  
4. Several judicial challenges delayed implementation of the new point system procedures.12  
However, applicants were required to keep their pending applications up to date by reporting any changes 
that would decrease their points.13 This is the Commissions first opportunity following judicial 
affirmation of the point system to provide general guidance on the application of many of the NCE FM 
comparative criteria.14 We have organized this omnibus Order in a manner that we believe will be helpful 
to those desiring an overall understanding of the NCE comparative process and its components, as well as 
to parties that wish to focus on the outcome of a particular mutually exclusive group.  In Section II of this 
Order, we provide an introductory overview of each comparative criterion.   Section III proceeds to 
discuss a small number of cases that required additional Commission analysis to determine whether the 
applicant qualified for points under a specific criterion, as claimed.  Section IIIs focus is on clarifying 
whether points may be awarded under particular fact patterns.  We have organized that discussion 
primarily by topic rather than by individual group because the resolution of a particular issue can provide 
useful guidance to all applicants, not only those within the particular group in which the issue arose.  In 
contrast, the focus of Section IV is a narrative of the number of points that have been awarded in each of 
the 76 mutually exclusive groups.  We believe that Section IV will be of primary interest to the parties 
within the particular group discussed.  To avoid duplicative discussions in Sections III and IV, the group-
by-group narratives in Section IV include cross-references to any topics previously discussed in greater 
detail in Section III.  Finally, we have provided readers with an Appendix that condenses the group-by-
group narratives into the form of a chart for quick reference.  Readers will find a more detailed guide to 
the Appendix and its use of abbreviations at the beginning of that Section.
     
8  See, NCE Order, 15 FCC Rcd at 7418; NCE MO&O, 16 FCC Rcd at 5106-08.  
9 See Deadline for NCE Settlements and Supplements Extended to July 19, 2001; Date for Calculating Comparative 
Qualifications Remains June 4, 2001; Mass Media Bureau Provides Examples of Application of NCE Section 307(b) 
Criteria, Public Notice, 16 FCC Rcd 10892 (MB 2001) (Supplement Extension Notice).  
10 See NCE MO&O, 16 FCC Rcd at 5083-85.
11 See Supplements and Settlements to Pending Closed Groups of Noncommercial Educational Applications Due by 
June 4, 2001, Public Notice, 16 FCC Rcd 6893 (MB 2001) (Supplement Filing Notice); Supplement Extension 
Notice, 16 FCC Rcd at 10892.  All points are considered as of the June 4, 2001 snapshot date except for best 
technical proposal, which is calculated as of the groups cut-off date or April 21, 2000, whichever is earlier.  See 
NCE MO&O, 16 FCC Rcd at 5086.
12 See supra n.4.
13 See 47 C.F.R.  1.65; Section 1.65 Amendment Deadline Established for Noncommercial Educational FM and FM 
Translator Station Applicants, Public Notice, 19 FCC Rcd 24740, 24740 (MB 2004) (Section 1.65 Notice).
14 The one NCE FM Order released to date focuses on the established local applicant criterion.  See American 
Family Assn et al., Memorandum Opinion and Order, FCC 06-176, __ FCC Rcd ___ (rel. Dec. 14, 2006). 
Federal Communications Commission FCC 07-40 
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II. GENERAL NCE PROCEDURES 
5. This Order discusses the results of proceedings in which we have applied the NCE FM 
comparative standards to 76 groups of two or more mutually exclusive NCE applicants. Except as 
otherwise noted, our analyses uses the points and population numbers claimed by the applicant in its point 
supplement, with no adjustment by the Commission.  The Commissions analysis generally consists of 
three main components.  First, the staff uses population numbers and certifications provided by the 
applicants in Section III of their point supplements to perform a threshold fair distribution study pursuant
to Section 307(b) of the Communications Act of 1934, as amended (the Act).15 Next, if no dispositive 
preference is awarded, the Commission undertakes a point system analysis.  Absent our discovery of an 
applicant error and discussion of that error in the text of this Order, the Commission has awarded the 
same number of points claimed by each applicant in Section IV of its point supplement.  If necessary, the 
Commission then makes a tie-breaker determination, based on applicant-provided numbers and 
certifications contained in Section V of each point supplement.  
A.    Section 307(b) --Threshold Fair Distribution Study.
6. When mutually exclusive applications for permits to construct NCE FM stations propose to 
serve different communities, the Act requires the Commission to make 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.16  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), provided that the population served is at least 2,000 people, 
within the proposed stations 60 dBu contour.17  
7. If more than one applicant in a mutually exclusive group qualifies for a Section 307(b) 
preference, the Commission compares each applicants first service population coverage totals.18 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 applicants first service total.19 If no applicant is 
  
15 See 47 U.S.C.  307(b).
16 Id. (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). A Section 307(b) analysis is ordinarily conducted at the staff level, because the 
Media Bureau has delegated authority to make 307(b) determinations in NCE cases.  See NCE Order, 15 FCC Rcd 
at 7397.  See also 47 C.F.R.  0.61 and 0.283.  In contrast, the NCE Order noted that the point system analysis, 
which is conducted when Section 307(b) is not determinative, is considered a simplified hearing for purposes of 
47 U.S.C.  155(c)(1).  NCE Order, 15 FCC Rcd at 7420.  The staff has referred the Section 307(b) analyses in each 
of the present groups to the Commission for consolidated analysis because Section 307(b) factors did not entirely 
resolve all applications in these groups and the Commission must, therefore, consider the remaining applications in a 
point hearing.  
 
17 See 47 C.F.R.  73.7002(b).  Applicants were required to use the 2000 Census population data, if available by July 
19, 2001.  See Supplement Filing Notice, 16 FCC Rcd at 6893; Supplement Extension Notice, 16 FCC Rcd at 10892.  
Otherwise, they were to use the most recently available, i.e., 1990, census.  Applicants were also to base their fair 
distribution analysis on the snapshot date of June 4, 2001, which is applicable unless an applicant subsequently 
made engineering changes that would diminish its comparative position.  Id.
 
18 See 47 C.F.R.  73.7002(b).  See also Supplement Extension Notice, 16 FCC Rcd at 10893.  
19 See 47 C.F.R.  73.7002(b).
Federal Communications Commission FCC 07-40 
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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 Commission determines that none of the remaining applicants can be selected or 
eliminated based on a Section 307(b) preference.  At that stage, 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.20
B.   Point System Selection Process.
8. The Commission compares mutually exclusive groups of NCE FM applications under the 
point system set forth in Section 73.7003 of the Rules.21 NCE authorizations awarded by use of a point 
system are subject to a holding period of four years of on-air operations.22 The NCE point system awards 
a maximum of seven merit points, based on four distinct criteria.23 First, three points are awarded to 
applicants that certify that they have been local and established for at least two years.  Applicants with a 
headquarters, campus, or 75 percent of their board members residing within 25 miles of the reference 
coordinates of the community of license are considered local.24 Governmental units are considered local 
within their area of jurisdiction.  To qualify for these localism points, the applicant also must certify that 
its governing documents require that such localism be maintained, that it has placed documentation 
supporting its certification in a local public inspection file, and that it has submitted that documentation to 
the Commission.  
9. Second, two points are awarded for local diversity of ownership if the principal community 
contours of the applicants proposed station and any other station in which any party to the application 
holds an attributable interest do not overlap.25 To be awarded such points, an applicants governing 
documents (e.g., bylaws, constitution, or their equivalent) also must include a provision to maintain that 
diversity in the future.  Applicants that are organizations governed by state charters that cannot be 
amended without legislative action are permitted to base the governing document component of their 
local diversity certifications on other safeguards that reasonably assure that board characteristics will be 
maintained.26 An applicant that proposes a full service NCE station that would replace an attributable FM 
translator serving the same area is permitted to exclude the translator and thereby to claim diversity points 
if it has pledged to request cancellation of the translator authorization upon the new stations 
commencement of operations.27  
  
20 See 47 C.F.R  73.7005(b).
21 See 47 C.F.R  73.7003.
22 See 47 C.F.R  73.7005(a).
23 See 47 C.F.R  73.7003(b).
24 An applicant relying on local board residence to claim points as an established local applicant must demonstrate 
that its governing documents (e.g., bylaws) require that such localism be maintained despite board changes.    See 47 
C.F.R.  73.7003(b)(1); NCE Order, 15 FCC Rcd at 7426.
25 See 47 C.F.R.  73.7003(b)(2).  Parties with attributable interests are defined as the applicant, its parent, 
subsidiaries, their officers, and members of their governing boards.  See 47 C.F.R.  73.7000.  Interests of certain 
entities providing more than 33 percent of the applicants equity and/or debt are also attributable.  Id.
26 See NCE MO&O, 16 FCC Rcd at 5095.
27 Id. at 5102-03.
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10. Third, two points are awarded for certain statewide networks providing programming to 
accredited schools.  These points are available only to applicants that cannot claim a credit for local 
diversity of ownership.28 Only three applicants in the 76 groups claimed points as statewide networks.  
Each of these applicants is listed as receiving two points in the appropriate Appendix column.  All other 
applicants will receive no points under this comparative criterion.
11. Fourth, an applicant that proposed the best technical proposal (i.e., proposed service to the 
largest population and area, excluding substantial areas of water) may receive up to two points.  An 
applicant receives one point if its proposed service area and population are ten percent greater than those 
of the next best proposal, or two points if both are 25 percent greater than those of the next best 
proposal.29 If the best technical proposal does not meet the 10 percent threshold, no applicant is awarded 
points under this criterion.  In considering this criterion, we have generally accepted the size of the each 
proposed stations 60 dBu contour in square kilometers, as reported by the applicant, as well as the 
reported population within that area.  We have rounded numbers expressed in decimals to the nearest 
whole numbers. 
12. Finally, the Commission tallies the total number of points awarded to each applicant.  The 
applicant with the highest score in a group is designated the tentative selectee. 
C.   Tie-Breakers. 
13. If two or more applicants in a group tie for the highest number of points awarded, any 
applicant with fewer points are eliminated and the tied applicants proceed to a tie-breaker round, in 
accordance with Section 73.7003(c) of the Rules.30 The first tie-breaker for NCE FM applicants is the 
number of radio station authorizations attributable to each applicant.31 The applicant with the fewest 
attributable authorizations prevails.  All of the ties between the applicants discussed in this Order were 
resolved based on the first tie-breaker criterion.  Had there been cases in which the tie was not broken by 
this first factor, we also would have considered the number of radio station applications attributable to 
each applicant.  Had that second factor failed to break the tie, we would have used mandatory timesharing 
as the tie-breaker of last resort.  
III. COMPARATIVE ISSUES REQUIRING ADDITIONAL COMMISSION ANALYSIS
A.  Preliminary Issues.
14. The textual discussion of individual cases in Section III of this Order is generally reserved 
for applications with omissions, errors, novel arguments, or which required consideration of rule 
waivers.32 Most applicants will find, therefore, that this Section does not contain individual references to 
  
28 See 47 C.F.R.  73.7003(b)(3).  The statewide network credit is an alternative for applicants that need multiple 
stations to serve large numbers of schools and, therefore, do not qualify for the local diversity of ownership credit.   
29 Id.  73.7003(b)(4).
30 Id.  73.7003(c).
31 Id.  73.7003(c)(1). Applicants are required to count all attributable full service commercial and NCE radio 
stations and certain FM translator stations.  An applicant may exclude fill-in translators and any translator which the 
applicant seeks to replace with its full service proposal in this proceeding.  
32 Matters of no consequence to our decision are not discussed or discussed only briefly.   For example, a waiver 
request filed by Upper Columbia Media Association in Group 97091E is moot because the request concerned tie-
breaker criteria, an issue not relevant to the disposition of that group.  Similarly, where there was an obvious 
Federal Communications Commission FCC 07-40 
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their applications and qualifications.  The first matter warranting discussion concerns several applicants 
that failed to file their point supplements by the established deadline of July 19, 2001, and subsequently 
sought waivers of the filing deadline or reconsideration of the dismissal of their applications.  Absent a 
waiver, these applications cannot be included in a comparative analysis.  Therefore, we consider this issue 
before conducting the comparative analyses.
15. Groups 970823, 980415, and 990408. In separate, but identical, letters submitted with 
point supplements on July 26, 2001, Mary V. Harris Foundation (Harris) requested waivers of the 
supplement deadline in three proceedings.33 Counsel for Harris explains that Harris timely prepared the
required supplements, which counsel brought to the Commission for filing on the July 19, 2001, deadline, 
along with many other documents.    Counsel states that he inadvertently left Harris supplements in his 
briefcase because the supplements were underneath unrelated papers.  Counsel states that he discovered 
the error on July 26, 2001, and submitted the supplements, along with the waiver requests, immediately.  
Harris asserts that acceptance of its supplements would not prejudice any other party and would serve the 
public interest.  In particular, Harris argues that the one-week period between the filing deadline and its 
submissions was not long enough to delay processing.  Harris also argues that the purpose of point 
supplements is to report qualifications as they existed on a snapshot date of June 4, 2001, and that those 
qualifications remain constant whether reported on July 19, or 26, 2001.
16. The Commission has stated that applications without timely point supplements will be 
dismissed.34 The staff has dismissed other applications pursuant to this requirement.35 Harriss reliance 
on its counsels oversight cannot excuse its late filing.  Applicants are responsible for errors by their 
attorneys.36 We reject Harriss argument that no one would be prejudiced by acceptance of its late-filed 
supplements.   Consideration of late-filed supplements could potentially prejudice the comparative 
position of mutually exclusive applicants which timely filed supplements.  Although we have not 
determined whether consideration of Harriss late-filed supplements would have altered the outcome of 
any group, we observe that, whenever an additional applicant is included in a mutually exclusive group, 
there is the possibility that the additional applicant might prevail or that the additional applicants 
technical proposal might be sufficiently strong to alter the number of technical points for which another 
applicant would otherwise qualify.  We are denying Harris waiver requests and dismissing its 
applications in Groups 970823, 980415, and 990408 for its failure to timely file point supplements.  
17. Group 980301.  On August 9, 2002, the staff issued a Public Notice dismissing 74 
applications that had not been timely supplemented, including the application of Richland Center 
     
discrepancy between two numbers reported by an applicant, and the discrepancy would not change the proceedings 
outcome, the Commission used the correct number in the Appendix without further discussion.  For example, 
William Jewell College reported service gains by its modification proposal in Group 980704.  However, it failed to 
exclude population already receiving service from its existing facility.  The College subsequently reported the 
correct numbers in an engineering exhibit to the point supplement.  See File No. BPED-19980717MA, as amended.  
No points would have been awarded for technical parameters based on either the original or corrected numbers.  
Therefore, we used the correct information in the Appendix and limit our discussion to this footnote.
 
33 See Letters in Groups 970823, 980415, and 990408 from Counsel for Mary V. Harris Foundation to Secretary, 
FCC (July 26, 2001).
34 See NCE MO&O, 16 FCC Rcd at 5083-85. 
35 See, e.g., Noncommercial Educational FM and FM Translator Applications Dismissed for Failure to File 
Required Information, Public Notice, 17 FCC Rcd 15706 (MB 2002) (Dismissal Notice).
36 See Belo Broadcasting Corp., Decision, 68 FCC 2d 1479 (1978).
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Fellowship (RCF) for a permit to construct a new NCE station serving Richland Center, Wisconsin.37  
RCF filed a petition for reconsideration of that action on September 9, 2002.  On October 22, 2002, RCF 
tendered a point supplement as an amendment to its dismissed application.  The State of Wisconsin 
Educational Communications Board (WECB), the sole remaining applicant in Group 980310, opposed 
RCFs filings.  In denying reconsideration on December 14, 2004, the staff rejected RCFs arguments that 
the supplement deadline was not adequately publicized, discriminated against religious broadcasters, and 
was unnecessary because the staff could have derived the same point information from applications even 
in the absence of a timely-filed supplement.38 Concurrently, the staff returned RCFs untimely point 
supplement.  RCF filed an Application for Review on January 13, 2005.  WECB filed an Opposition to 
which RCF filed a Reply.  
18. RCF argues that the staff has enforced the supplement deadline too strictly, by failing to 
make exceptions for NCE applicants which, like itself, have limited funds and were not represented by 
counsel when the point system was adopted.39 According to RCF, the staff could not reasonably have 
expected pro se NCE applicants, many of which are religiously affiliated, to know about Commission 
decisions absent receipt of a direct mailing from the Commission.  Therefore, RCF contends that the 
notice of the supplement deadline that the staff gave to applicants was inadequate under the 
Administrative Procedure Act (APA) and disproportionately affected religious broadcasters.40 RCF 
also argues that the staff erred in citing American Family41 for the proposition that the NCE procedures do 
not discriminate against religious broadcasters.  RCF contends that the American Family court reached 
the issue of religious discrimination only with respect to individual point system factors, rather than with 
respect to RCFs claim of inadequate notice.42 Finally, RCF challenges the staffs statement that the staff
could not have derived the missing point system information from material in RCFs underlying 
application.43
19. The Commission properly followed established practice to provide notice of the NCE 
comparative procedures, including the requirement to file timely supplements or face dismissal.44 The 
Commission adopted the comparative procedures in a published decision, which was summarized in the 
Federal Register.  The decision identified 1,356 NCE FM applications in 439 groups, including the RCF 
application in Group 980301, and established that all applicants in those groups were required to file a 
settlement or a supplement by a date after release of the current decision that the staff will announce by 
public notice.45 The Commission warned that Those filing neither will be dismissed.46 The staff, in 
  
37 See Dismissal Notice, 17 FCC Rcd at 15706.
38  See Letter from Peter H. Doyle, Chief, Audio Division, Media Bureau to Bruce A. Eisen, Esq., Counsel for 
Richland Center Fellowship (December 14, 2004) at 2-3.
39 RCF Application for Review at 3.  RCF has since retained counsel to file for reconsideration and review.
40 RCF Application for Review at 4-6.  See 5 U.S.C.  558(c). 
41 See supra n.4.
42 RCF Application for Review at 6-7.
43  Id.
44 See NCE MO&O, 16 FCC Rcd at 5107-08; Supplement Filing Notice, 16 FCC Rcd at 6893; Supplement Extension 
Notice, 16 FCC Rcd at 10892.  In fact, the Supplement Filing Notice contained the following statement in bold-faced 
type: Those filing neither a settlement agreement nor a supplement claiming points by June 4, 2001 [extended 
to July 19, 2001, in the Supplement Extension Notice] will be dismissed.  Supplement Filing Notice, 16 FCC Rcd 
at 6893 (emphasis in original).
45  See NCE MO&O, 16 FCC Rcd at 5085, 5103 n.41, and Appendix.  
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compliance with this Commission directive, issued public notices establishing a snapshot date of June 4, 
2001, and a settlement/supplement deadline of July 19, 2001.47 The Commission referenced the staffs 
compliance with this directive in the Federal Register and in a subsequent decision in the NCE 
rulemaking docket.48 Accordingly, an NCE applicants failure to meet the deadline because it had not 
monitored Commission public notices is not an excuse for late-filing.49 Moreover, the APA did not 
require the Commission to give personal notice to any of these applicants or to use a special notice 
standard based on an applicants status as an NCE applicant, religious broadcaster, or pro se applicant.50  
The Appendix to this Order illustrates that numerous NCE applicants understood and complied with the 
requirement to file timely point supplements.51 RCF provides no support for its contention that the 
Commissions procedures discriminate against any group of applicants, and we reject its speculation in 
this regard.
20. The staff could not have, as RCF argues, derived required point information from the 1998 
RCF application, filed prior to adoption of the point system.  For example, RCF claims that the staff could 
have determined RCFs eligibility for diversity of ownership points from its disclosure in a 1998 
application that it had no other attributable broadcast station interests.52 We disagree.  Even assuming 
arguendo that the staff could infer from the 1998 submission that RCF had no other attributable stations 
in 2001, the staff could not have determined whether RCF had timely modified its governing documents 
to require the maintenance of this diversity.  Thus, no points could have been awarded for this factor.53  
Finally, the Commission specifically warned applicants in the NCE Order that their applications do not
     
46  Id.
47 See supra note 44.
48 See Reexamination of Comparative Standards for Noncommercial Educational Applicants, Summary, 66 Fed. 
Reg. 29801 (June 1, 2001) (The Commission announced in a document that it would require pending reserved 
channel noncommercial educational (NCE) broadcast applicants in closed mutually exclusive groups to file point 
supplements or settlements by a supplement date which would be announced by public notice.  .  .  . On March 22, 
2001, the Commissions Mass Media Bureau issued a public notice announcing a supplement date of June 4, 2001.  
Affected applicants filing neither a settlement nor a supplement by June 4, 2001 [extended to July 19, 2001 by 
subsequent public notice] will be dismissed.); NCE Reconsideration Order, 17 FCC Rcd at 13140, n. 14.
49 See generally, Lakeshore Broadcasting, Inc. v. FCC, 199 F.3d 468 (D.C. Cir. 1999) (upholding dismissal of 
applicant that did not meet hearing fee deadline announced by public notice); Southern Communications, Inc., 12 
FCC Rcd 1532, 1535 (WTB 1997) (applicant unaware of payment deadline set by public notice bears responsibility 
for failure to meet the deadline).
50 See generally National Black Media Coalition v. FCC, 760 F.2d 1297, 1299 (D.C. Cir. 1985) (failure to receive 
personal notice would not excuse late-filed appeal because the FCCs public notice, not private notice, is the 
operative event for statutory deadline); Millard V. Oakley, 11 FCC Rcd 10225, 10229 (1996) (rejecting argument 
that commercial applicants received inadequate notice of deadline because noncommercial applicants were alerted 
earlier; APA was satisfied by notice to all applicants in Federal Register).
51 Many applicants alternatively filed timely settlement agreements, which have been approved by the staff.  The 
filing of such settlements by the July 19, 2001, deadline is an additional confirmation that notice was sufficient and 
that those affected by the deadline understood its imperative.  
 
52 RCF Application for Review at 7-8.
53 RCF claimed that its original certifications demonstrated diversity, including the fact that its governing 
documents require that diversity be maintained.  Reply at 3.  RCFs original application contained only the general 
certifications required at that time.  The requirements and related certifications needed to receive diversity points 
were not adopted until well after RCF had filed its application.
Federal Communications Commission FCC 07-40 
10
. . . contain the information that the Commission will need to make a selection under the point system.54  
The Commission hereby denies review and affirms the staffs dismissal of the RCF application.  We will 
direct the staff to process the sole remaining application in this group, filed by WECB, as a singleton 
filing.   
B.  Threshold Section 307(b) Issues.
21. As noted previously, the initial step in the NCE FM comparative process is a threshold 
Section 307(b) analysis, which is performed only if mutually exclusive NCE FM applicants propose to 
serve different communities and will provide a new first and/or second NCE aural service to a substantial 
population.55 Most of the 76 groups require no textual discussion of Section 307(b) factors because all 
applicants within a group either proposed to serve the same community, certified that they are not eligible 
for Section 307(b) consideration, or would serve similarly-sized populations.  We limit the Section 307(b) 
analysis herein to five groups in which our Section 307(b) study eliminates one or more applicants.  In 
addition, we address the contention by an applicant in another group that it qualifies for a Section 307(b) 
preference under a standard different than that provided in the Rules.  Information about Section 307(b), 
as applied to other cases, can be found infra in the individual case discussions in Section IV and the 
Appendix.   
22. Group 94123E.  In Group 94123E, three applicants proposed service to two different 
communities.  Grassroots Broadcasting Company, Inc. (Grassroots) and Iowa State University of 
Science and Technology (Iowa State) would each serve Ottumwa, Iowa.   American Family Association 
(AFA) would serve Fairfield, Iowa.  Each applicant claimed that it was eligible for a fair distribution 
preference because each would provide a new first or second NCE service to ten percent of the population 
within its respective service area.56 Iowa State would provide first NCE service to 57,427 people; 
Grassroots to 32,429 people; and AFA to 2,366 people.57 AFA is eliminated because each of the 
applications proposing a new Ottumwa station is entitled to a Section 307(b) preference with respect to 
AFAs Fairfield proposal (i.e., each Ottumwa proposal would serve 5,000 people more than the Fairfield 
proposal).  At this point, the 307(b) analysis ends, because the two remaining applicants both would serve 
Ottumwa.58 Accordingly, those two, Grassroots and Iowa State, will proceed to a point hearing.
23. Group 961010.  In the next group, four applicants proposed to serve three different 
communities in Oklahoma.  The Love Station, Inc. (Love) and Community Broadcasting, Inc. (CBI) 
  
54  NCE Order, 15 FCC Rcd at 7424.
55  See supra  6.
56 Grassroots 60 dBu contour encompasses 32,429 people, to all of whom Grassroots would provide with a new 
first or second NCE service; See Grassroots Point Supplement, Questions III(1), III(2), and associated exhibits.  
Iowa States encompasses 70,719 people, to all of whom Iowa State would provide with such service; See Iowa 
States Point Supplement, Questions III(1), III(2), and associated exhibits. AFAs encompasses 13,412 people, 
12,918 to whom AFA would provide such service.  See AFAs Point Supplement, Questions III(1), III(2), and 
associated exhibits.  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.
57 Point Supplements of Iowa State, Grassroots, and AFA, Question III(1).
58  See 47 C.F.R.  73.7002(a).  See also Supplement Extension Notice, 16 FCC Rcd at 10895, Example 6 
(illustrating the principle that two equivalent applicants specifying the same community proceed to a point system 
following elimination of third applicant specifying a second community); NCE Reconsideration Order, 17 FCC Rcd 
at 13132 n.4 (examples in the Bureaus Public Notice are illustrative of how NCE Section 307(b) issues will be 
resolved).
Federal Communications Commission FCC 07-40 
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both proposed to serve Piedmont.  Educational Media Foundation (EMF) would serve Yukon, and AFA 
would serve El Reno.  Each applicant claimed that it would provide a new first or second NCE service to 
ten 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.59 Love, EMF, and AFA each asserted that it was 
entitled to a first service preference because its proposed facility would provide first NCE service to at 
least ten percent of the population (and at least 2,000 persons) within its respective 60 dBu contour.  CBI 
did not assert that it is entitled to a first service preference and, thus, is eliminated based on first service.60  
First service is not dispositive with respect to the remaining applicants.   Love would provide first NCE 
service to 18,710 people; AFA to 18,680 people; and EMF to 17,498 people.61 Thus, none proposed to 
serve at least 5,000 more potential listeners than the next highest applicants first service total.  If no 
proposal prevails on first service, we consider combined first and second NCE service population totals.  
Love would provide a new first or second NCE service to 34,919 people (18,710 first service plus 16,209 
second service); EMF to 34,082 people (17,498 first service plus 16,584 second service); and AFA to 
35,879 people (18,680 first service plus 17,199 second service).62 Because no applicant proposes to serve 
at least 5,000 more people than the next best applicant, Love, EMF, and AFA must proceed to a point 
hearing.
24. Group 980616.  This group consists of six applicants proposing to serve four different 
communities in Florida.  Christian Educational Association (CEA) proposed to serve Favorita.63  
Daystar Public Radio, Inc. (Daystar) and Pathway Public Radio (Pathway) proposed to serve 
Favoretta.  Good Idea, Inc. (Good) and Community Public Radio (CPR) would serve Beverly Beach.  
Central Florida Educational Foundation (Central) would serve Palm Coast.  Each applicant claimed that 
it would provide a new first or second service to ten percent of the population, and to at least 2,000 
people, within its respective service area and, therefore, that it was eligible for a fair distribution 
preference.64 It appears that CEA erred in preparing its analysis.  CEA based its certification on the total 
  
59 Loves 60 dBu contour encompasses 158,850 people.  Loves claimed aggregated first and second NCE service is 
34,919 people.  See Loves Point Supplement, Questions III(1), III(2), and associated exhibits.  EMFs 60 dBu 
contour encompasses 105,383 people.  EMFs claimed aggregated first and second NCE service is 34,082 people. 
See EMFs Point Supplement, Questions III(1), III(2), and associated exhibits. CBIs 60 dBu contour encompasses 
139,859 people.   CBIs claimed aggregated first and second NCE service is 33,616 people.  See CBIs Point 
Supplement, Questions III(1), III(2), and associated exhibits. AFAs 60 dBu contour encompasses 150,078 people.  
AFAs claimed aggregated first and second NCE service is 35,879 people.  See AFAs Point Supplement, Questions 
III(1), III(2), and associated exhibits.
60 CBI stated that it would provide a first NCE service to 3,476 of the 139,859 people within its 60 dBu contour, 
i.e., to less than ten percent of its total service population.  See CBIs Point Supplement, Question III(1). 
Accordingly, Love, rather than CBI, will represent the community of Piedmont in our Section 307(b) analysis.
61  See Point Supplements of Love, AFA, and EMF, Question III(1).
62  Id. at Questions III(1) and (2).
63 We believe that this may be a misspelled reference to Favoretta, Florida.  The Florida Department of Education 
lists Favoretta as a community in Flagler County.  See www.firn.edu/doe/eias/flmove/city.htm.  Favorita is not 
listed.
64 CEAs 60 dBu contour encompasses 28,446 people.  CEAs claimed aggregated first and second NCE service is 
28,446 people.  See CEAs Point Supplement, Questions III(1), III(2), and associated exhibits.  Daystars 60 dBu 
contour encompasses 51,770 people.  Daystars claimed aggregated first and second NCE service is 42,509 people.  
See Daystars Point Supplement, Questions III(1), III(2), and associated exhibits. Goods 60 dBu contour 
encompasses 44,142 people.   Goods claimed aggregated first and second NCE service is 34,735 people.  See
Goods Point Supplement, Questions III(1), III(2), and associated exhibits. Pathways 60 dBu contour encompasses 
41,133 people.  Pathways claimed aggregated first and second NCE service is 31,881 people.  See Pathways Point 
Supplement, Questions III(1), III(2), and associated exhibits. CPRs 60 dBu contour encompasses 36,450 people.  
Federal Communications Commission FCC 07-40 
12
population within its 60 dBu contour without regard to whether portions of that population receive service 
from other NCE stations.65 We will not include CEA in the fair distribution analysis because its claimed 
numbers appear significantly inaccurate.66 CEA is thus eliminated.
25. Daystar, Good, Pathway, and Central each asserted that it was entitled to a first NCE 
service preference because its proposed facility would provide first service to at least 10 percent of the 
population (and at least 2,000 persons) within its respective 60 dBu contour.  Unlike those four 
applicants, CPR did not assert that it is entitled to a preference based solely on first service, and thus, is 
eliminated based on first service.  Daystar would provide first NCE service to 31,838 people; Central to 
30,725 people; Good to 23,915 people; and Pathway to 21,201 people.67 Daystar and Centrals first 
service proposals are comparable.  Good and Pathway are eliminated because they each propose to 
provide first service to at least 5,000 fewer potential listeners than Central.  If no single proposal prevails 
on first service, we consider the combined first and second NCE service population totals of the 
remaining applicants.  Daystar would provide a new first or second NCE service to 42,509 people (31,838 
first service plus 10,671 second service); and Central to 41,300 people (30,725 first service plus 10,575 
second service).68 Because neither applicant proposes to so serve at least 5,000 more people than the 
other, Daystar and Central must proceed to a point hearing.
26. Group 990306.  In the next group, San Juan College (SJC) and KUTE, Inc. (KUTE) 
each proposed new stations to serve Durango, Colorado.  North Fork Valley Public Radio (North Fork) 
proposed to modify the facilities of KVMT(FM), Montrose, Colorado.  North Fork and KUTE each 
claimed that it would provide a new first or second NCE service to ten percent of the population, and to at 
least 2,000 people, within its respective service area and, therefore, that it was eligible for a fair 
distribution preference.69 SJC certified that it would not qualify for a Section 307(b) preference because 
     
CPRs claimed aggregated first and second NCE service is 29,281people.  See CPRs Point Supplement, Questions 
III(1), III(2), and associated exhibits. Centrals 60 dBu contour encompasses 48,920 people.  Centrals claimed 
aggregated first and second NCE service is 41,300 people.  See Centrals Point Supplement, Questions III(1), III(2), 
and associated exhibits.
65 CEAs claim that all 28,446 people within its 60 dBu contour receive a first NCE service is supported by an 
exhibit identifying the ethnicity of the population but silent as to whether other NCE stations serve the area.  See 
CEA Application, Exhibit 3.  Information presented by mutually exclusive applicants in their own analyses indicates 
that several NCE stations are authorized in the vicinity.  See, e.g., Central Application, Exhibit 4A; Daystar 
Application, Exhibit E-1.  The Commission thus ran an engineering study of existing stations which overlap CEAs 
proposal.  We determined that a substantial portion of CEAs 60 dBu contour is covered by the signals of licensed 
NCE stations WAPN(FM), and WEAZ(FM),  both Holly Hill, Florida, and WJLH(FM), Flagler Beach, Florida.  
CEAs certification cannot be credited because it ignores first, second, or third NCE service that its potential 
listeners already receive.
66 Even had we accepted CEAs claimed first NCE service numbers, CEA would have been eliminated in a 
comparison of its aggregated first and second service numbers because other applicants propose to serve at least 
5,000 more potential listeners than CEA.  
67  See Daystar, Central, Good, and Pathwayss Point Supplements, Question III(1) and associated exhibits.
68  See Daystar and Centrals Point Supplements, Questions III(1), III(2), and associated exhibits.
69 Modification applicants such as North Fork report only data relating to the gained service population and exclude 
any population within the stations existing service area.  The new area within North Forks proposed 60 dBu 
contour encompasses 7,045 people.  North Forks claimed aggregated first and second new NCE service is 6,505 
people.  See North Forks Point Supplement, Questions III(1), III(2), and associated exhibits. Applicants for new 
stations, such as KUTE, base their Section 307(b) claims on the entire 60 dBu contour because all of that area 
represents new service.  KUTEs 60 dBu contour encompasses 27,431 people; its claimed aggregated first and 
Federal Communications Commission FCC 07-40 
13
it would not provide a new first or second NCE service to ten percent of the population, and to at least 
2,000 people.  SJC is thus eliminated on fair distribution principles.  Neither remaining applicant asserted 
that it is entitled to a first NCE service preference.   If no proposal prevails on first service, we consider 
combined first and second NCE service population totals.  KUTE would provide a first or second NCE 
service to 8,956 people (no first service plus 8,956 second service); and North Fork to 6,505 people (61 
first service plus 6,444 second service).70 Because neither the KUTE nor North Fork proposal would 
provide new service to 5,000 people more than the other, both must proceed to a point hearing.
27. Group 990508.  In Group 990508, Educational Media Foundation (EMF) and 
Youngshine Media, Inc. (Youngshine) both proposed to serve Hopatcong, New Jersey.  CSN 
International (CSN) proposed to serve Lake Hopatcong, New Jersey, a similarly-named, but different, 
community.  Each applicant claimed that it would provide a new first or second service to ten percent of 
the population, and to at least 2,000 people, within its respective service area and, therefore, that it was 
eligible for a fair distribution preference.71 Each applicant asserted that it was entitled to a first service 
preference because its proposed facility would provide first service to at least ten percent of the 
population (and at least 2,000 persons) within its respective 60 dBu contour.  CSN would provide first 
NCE service to 31,634 people; EMF to 33,629 people; and Youngshine to 29,675 people.72 No applicant 
proposed to serve at least 5,000 more potential listeners than the next highest applicants first service 
total.  If no proposal prevails on first service, we consider combined first and second service population 
totals.  CSN would provide a new first or second NCE service to 160,713 people (31,634 first service plus 
129,079 second service); EMF to 151,673 people (33,629 first service plus 118,044 second service); and 
Youngshine to 158,712 people (29,675 first service plus 129,037 second service).73 EMFs proposal 
would provide a new first or second NCE service to 5,000 fewer listeners than CSNs proposal for a 
different community, and also 5,000 fewer listeners than Youngshines proposal for the same community.  
Accordingly, EMF is eliminated on fair distribution principles.  Neither Youngshine nor CSN proposes to 
serve 5,000 people more than the other, and must, therefore, proceed to a point hearing.
28. Group 980510.  Central Florida Educational Foundation, Inc. (Central), CSN 
International (CSN), and Florida Public Radio, Inc. (FPR) proposed service to two different 
communities in Group 980510.   All three applicants acknowledged that they would not provide a new 
first or second NCE service to ten percent of their population, but only two conceded that they do not 
qualify for a Section 307(b) preference.74 The third applicant, Central, argued that its proposal presented 
an odd and anomalous situation that warrants award of a fair distribution preference.  Specifically, 
Central argued that its aggregated first and second NCE service to almost 25,000 people (9.33 percent of 
the population) was relatively close to the ten percent benchmark, far exceeded the established 2,000 
     
second NCE service is 8,956 people.    See KUTEs Point Supplement, Questions III(1), III(2), and associated 
exhibits.
70 See North Fork and KUTEs Point Supplements, Questions III(1), III(2), and associated exhibits.
71 See CSN, EMF, and Youngshines Point Supplements, Questions III(1), III(2), and associated exhibits.  CSNs 60 
dBu contour encompasses 187,253 people.  CSNs claimed aggregated first and second NCE service is 160,713 
people.  EMFs 60 dBu contour encompasses 164,723 people.  EMFs claimed aggregated first and second NCE 
service is 151,673 people.  Youngshines 60 dBu contour encompasses 179,583 people.   Youngshines claimed 
aggregated first and second NCE service is 158,712 people.  
72 See CSN, EMF, and Youngshines Point Supplements, Question III(1).
73 Id. at Questions III(1) and (2).
74  See CSN and FPR Point Supplements, Questions III(1) and III(2); Centrals Point Supplement, Questions III(1), 
III(2) and associated exhibits.
Federal Communications Commission FCC 07-40 
14
person minimum, and would serve a population and area much larger than that proposed by the other 
applicants.75  
29. We reject Centrals Section 307(b) claim.  Central would not provide first or second NCE 
service to at least ten percent of the population -- the minimum benchmark to qualify for a threshold 
Section 307(b) preference.  Nor does it demonstrate good cause for waiver of the benchmark.  Centrals 
argument that it would serve a larger area than the other applicants is immaterial.  The relative sizes of 
service contours are not compared in a Section 307(b) study.76 Such comparisons are part of the technical 
parameters analysis of the point system (which is conducted only when no applicant is entitled to a 
decisive Section 307(b) preference).77  
30. Centrals argument that its first and second NCE service population exceeds 2,000, 
similarly reflects a misunderstanding of the NCE Section 307(b) eligibility standard, which consists of 
two components: a 10 percent threshold and the 2,000 person minimum.  These two components work in 
tandem to make the standard meaningful regardless of community size.  In well-populated service areas 
such as Centrals, the ten percent component ensures that Section 307(b) eligibility is limited to NCE 
applicants offering new service to a significant portion of the relatively large population.78 In contrast, 
the 2,000 person component is designed for small communities to ensure that trivial service differences 
are not treated as dispositive.  It would be neither odd nor anomalous for an applicant in a populated 
area to propose first and second service to a population well in excess of 2,000 yet fail to qualify for a 
Section 307(b) preference because it falls short of the ten percent benchmark.  Because none of the 
applicants in Group 980510 qualifies for a Section 307(b) preference, all will proceed to a point system 
analysis.     
C.    Established Local Applicant Issues.
31. As discussed previously, applicants with a headquarters, campus, or 75 percent of their 
board members residing within 25 miles of the reference coordinates of the community of license, and 
government entities within their jurisdictions, are considered local.79 Applicants that were local for at 
least the 24 months immediately preceding the snapshot date, implemented safeguards to maintain such 
localism, placed supporting documents in their local public inspection files, and also submitted that 
documentation to the Commission receive three points as established local entities.80 The weight 
accorded this criterion reflects the importance of localism to NCE broadcasting.  The Commission 
purposefully adopted a narrow definition of established local entities to increase the likelihood that 
organizations most knowledgeable, responsive, and accountable to their local community would be 
awarded licenses, to keep localism points meaningful, and to avoid possible abuses.81 Several applicants 
in this proceeding seek to expand the types of organizations that should be treated as established local 
  
75 Central alleged that the population it would provide with a second NCE service exceeded that receiving any 
service from the other two applicants by 73.3 percent to 114.4 percent, respectively.  See Central Point Supplement, 
Exhibit 1.  It also claimed that it would cover an area 13 to 65 times larger than that of any other applicant.  Id.
76 See 47 C.F.R.  73.7002(b).
77 Id.  47 C.F.R.  73.7003(b)(4).
78  See NCE Order, 15 FCC Rcd at 7396 (rejecting 5 percent figure as inadequate).
79  See supra  8.
80  See 47 C.F.R.  73.7003(b)(1).
81  See NCE MO&O at 5091.
Federal Communications Commission FCC 07-40 
15
entities.  As discussed below, the Commission has determined that these applicants do not qualify for 
points under this criterion and has adjusted their point totals accordingly.
32. Group 880611.  Group 880611 consists of two applicants for a construction permit at 
Redding, California.  The Research Foundation, California State University at Chico (the Foundation) 
and the State of Oregon Acting by and Through the State Board of Higher Education for the Benefit of 
Southern Oregon University (Oregon) each described its activities in Redding and certified that it 
qualified for points as an established local applicant.  The bases for the Foundation and Oregons claims 
to be established local applicants are similar to those we have rejected in the context of an application to 
construct an NCE station in Bristol, Virginia.82  Upon review of the arguments and underlying support in 
the present proceeding, we find that neither the Foundation nor Oregon is entitled to such points.  
33. The Foundation.  The Foundation stated that it was incorporated in 1940 as an auxiliary 
organization of California State University, Chico (CSUC).  According to the Foundation, its purpose is 
to develop and administer activities that aid and supplement the educational mission of CSUC.  
Foundation stated that it operates in twelve counties, including Shasta County, in which Redding is 
located.83 The Foundation further reported that it has provided an educational broadcast service to 
Redding continuously since 1980.  Specifically it operated an FM translator station, replaced the 
translator with KFPR(FM), and has operated KFPR(FM) with program test authority, subject to the 
outcome of this proceeding.84 The Foundation also stated that it has maintained an office and studio in 
Redding since the mid-1980s and offered continuing education classes at the Shasta County Schools 
Office and at Shasta College in Redding.  Based on these contacts with Redding, the Foundation certified 
that, for a period of at least two years prior to the snapshot date, it existed as an educational institution or 
organization and has been physically headquartered, has had a campus, or has had 75 percent of its board 
members residing within 25 miles of the coordinates of Redding, California.85 It also certified that it had 
placed documentation supporting its certification in a local public file, which documentation it had 
submitted to the Commission.
34. Although the Foundation demonstrated many activities in and contacts with Redding and 
Shasta County, it has not shown that it is an established local applicant, as defined in Section 73.7000 of 
the Rules.86 For purposes of that Rule, a corporation generally establishes its local credentials through the 
location of its headquarters or the residences of its board members.87 The record reflects that the 
  
82  See American Family Assn et al., Memorandum Opinion and Order, FCC 06-176, __ FCC Rcd ___ (rel. Dec. 14, 
2006). 
83  See the Foundations Point Supplement, Question IV(1) and associated exhibits.
84  Id.  This proceeding has a long history.  The staff originally dismissed Oregons application as untimely, and 
granted the Foundations construction permit application as a singleton.  The Foundation constructed KFPR(FM), 
Redding, California, began operating pursuant to program test authority, and filed a license application.  The staff 
granted the Foundations license application on March 28, 1996, but rescinded the grant and returned the application 
to pending status shortly thereafter, because Oregon had appealed the dismissal of its mutually exclusive application.  
See File No. BLED-19931123KD.  The United States Court of Appeals for the District of Columbia vacated the 
dismissal of Oregons application and remanded the matter to the Commission.  See State of Oregon v. FCC, 102 
F.3d 583 (D.C. Cir. 1996) (vacating State of Oregon, Memorandum Opinion and Order, 11 FCC Rcd 1843 (1996)).  
On remand, the staff accepted Oregons application for filing.  
85 See the Foundations Point Supplement, Question IV(1).
86  See 47 C.F.R.  73.7000.
87  Id.
Federal Communications Commission FCC 07-40 
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Foundation is a corporation headquartered in Chico, California, well beyond 25 miles from Redding.  The 
Foundations facilities in Redding are functionally similar to a branch office and are insufficient to confer 
established local applicant status.88 The Foundation did not allege that its governing board is local to 
Redding.  It cannot establish localism through the classes offered at Shasta College and Shasta County 
Schools in Redding because the Foundation is not an educational institution with campuses.89 The 
campuses at issue appear to belong to other institutions.  The Foundation showed that it furthers the 
educational mission of a college operated by the state government, but not that the Foundation itself is a
government entity.  Accordingly, the Foundation cannot be considered local throughout the governments 
area of jurisdiction.  The Commission appreciates the centrality of CSUC to the Foundations mission.  
Even accepting arguendo, however, that CSUC could have received points in its own right, CSUC is not 
the applicant in the present proceeding.  Because the Foundation has not shown that it is local to 
Redding, we need not consider whether it is established.90 The Foundation will not receive any points 
under this criterion. 
35. Oregon.  Oregon contended that it should receive points as an established local applicant 
because Jefferson Public Radio (JPR), has been headquartered in Redding, California, since 1994.  
Oregons application described JPR as its Southern Oregon University radio network, and as the State 
of Oregons educational radio network.91 Oregon further stated that JPRs headquarters contain studios 
from which JPR broadcasts approximately 35 hours of programming a week, including California news 
and coverage of California issues.  It further stated that JPR intended to maintain its headquarters in 
Redding, and has purchased and renovated a historic theater in downtown Redding.92 Based on its 
relationship with JPR and JPRs Redding headquarters, Oregon certified that, for a period of at least 
two years prior to the snapshot date, it had existed as an educational institution or organization and had 
been physically headquartered, had a campus, or had 75 percent of its board members residing within 25 
miles of the coordinates of Redding, California.  It also certified that it has placed documentation 
supporting its certification in a local public file and had submitted that documentation to the 
Commission.93
36. We reject Oregons claim that it is local to Redding, California, through JPR.  Oregon, an 
instrumentality of the Oregon state government, could demonstrate that it meets the definition of local 
applicant in several ways.  A state government has jurisdiction throughout its own state, and therefore is 
considered a local applicant anywhere within its states borders.94 The community at issue here --
Redding -- is located in California, not Oregon.  A state also might establish itself as local in a nearby, but 
  
88  See NCE Order, 15 FCC Rcd at 7409.
89 The established local applicant requirements are phrased in terms of the basic characteristics of the applicant, not 
the relationships that the applicant or its members may have with other organizations.  See 47 C.F.R.  73.7000, 
7003(b)(1).  When an applicants coordinated activities with other entities would be sufficient to qualify for a 
specific type of NCE points, the rules set forth the pertinent requirements.  See, e.g., 47 C.F.R.  73.7003(b)(3) (iii) 
(organization without direct authority over schools can qualify as a statewide network if it regularly provides 
broadcast programming for use in the curriculum of other entities with authority over schools).
90 For example, the Foundations long-time operation of a translator and of KFPR(FM) is immaterial because such 
operations, for whatever amount of time, could not transform a non-local entity into a local one.  
91  See Oregons Point Supplement, Exhibit E-3 at 1, and Exhibit to Question IV(3).
92  See Oregons Point Supplement, Exhibit E-3 at 1-2.
93  See Oregons Point Supplement at Question IV(1).
94  See 47 C.F.R.  73.7000.
Federal Communications Commission FCC 07-40 
17
out-of-state community by showing that it operates a state university campus within 25 miles of the out-
of-state community.95 Redding, California, is well beyond 25 miles from the Oregon/California border 
and, thus, more than 25 miles from any state university under Oregons jurisdiction.96 The concept of 
headquarters is not one that the Commission anticipated applying to state governments.  It would 
ordinarily make little sense for a state to rely on the proximity of its headquarters (i.e., the state capital) to 
its proposed community of license; the state could be considered local in a larger area under other 
definitions.  Even assuming arguendo that the concept of headquarters is relevant, Oregons 
headquarters would not be that of JPR in Redding, California, as claimed.  Rather, we would consider 
Oregons headquarters to be its capital, Salem, Oregon  which is hundreds of miles from Redding.  An 
applicant is generally considered to have only one headquarters.97 A facility that Oregon operates in 
California would be comparable to a branch office.  As discussed previously, branch offices are 
insufficient to establish local applicant credentials.98 The Commission has rejected proposals, including 
the one advanced by Oregon, to expand the definition of local applicant, and the U.S. Court of Appeals 
has upheld the Commissions action.99  
37. Group 95031E.  The applicants in this group each proposed a new station in Redding, 
California, as in Group 880611.  Oregon is a participant in both groups and raised the same localism 
claim in each proceeding.  For the reasons stated above in Group 880611, we reject Oregons claim to be 
local to Redding in Group 95031E. 
38. Groups 97091E and 990109.  Upper Columbia Media Association (UCMA) filed an 
application in Group 97091E to serve Clarkston, Washington, and an application in Group 990109 to 
serve West Clarkston, Washington.  UCMA stated that it is a subsidiary of the Upper Columbia 
Corporation of Seventh-day Adventists (UCCSA).  UCMA did not claim to be an established local 
entity in its own right with respect to the proposed communities of Clarkston or West Clarkston.  Rather, 
it argued eligibility for localism points through its parent, UCCSA, which it claims to have, for more than 
two years, owned and operated the Beacon Seventh Day Adventist School in Lewiston, Idaho, within 25 
miles of both Clarkston and West Clarkston.100 UCMA certified that, for a period of at least two years 
prior to the snapshot date, UCCSA has existed as an educational institution or organization and has been 
physically headquartered, has had a campus, or has had 75 percent of its board members residing within 
25 miles of the coordinates of Clarkston and West Clarkston, Washington. It also certified that it had 
placed documentation supporting its certification in a local public inspection file, and also had submitted 
that documentation to the Commission.101  
39. We find that UCMA does not qualify for points as an established local applicant, as defined 
by the Rules, and will receive no points under this criterion.  UCMA is a corporation located in the distant 
community of Spokane, Washington.   Information available from the Washington Secretary of States 
  
95  Id.
96 Oregons reciprocal arrangements with colleges under the jurisdiction of the state of California do not bring those 
colleges under the jurisdiction of Oregon for purposes of localism.  See supra n. 89.
97  See NCE Order, 15 FCC Rcd at 7410 (a headquarters is the applicants primary place of business).
98  See supra  34.
99  See NCE MO&O, 16 FCC Rcd at 5091-93.  American Family, 365 F.3d at 1164.
100  See UCMs Point Supplements, Question IV(1) and associated exhibits.
101  See UCMs Point Supplements, Question IV(1).
Federal Communications Commission FCC 07-40 
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Office establishes that UCMA and UCCSA are two separate corporate entities.102 The Commission 
recognizes that USCCA exercises control over UCMA.  However, these are distinct corporations which 
can have very different functions and purposes, notwithstanding the parent-subsidiary relationship.  We 
will not impute the localism qualifications of one corporation to a separately organized, non-local 
corporation.  Even if we assume that the parent could have received points in its own right, the parent is 
not the applicant in the present proceeding.    
40. Group 980415.  Pioneer Public Broadcasting Company, Inc. (PPBC) certified that for a 
period of at least two years prior to the snapshot date, it has existed as an educational institution or 
organization and has been physically headquartered, has had a campus, or has had 75 percent of its board 
members residing within 25 miles of the coordinates of Fargo, North Dakota.   It also certified that it has 
placed documentation supporting its certification in a local public inspection file and has submitted that 
documentation to the Commission.103 Upon examining that documentation, however, we conclude that 
PPBCs certification is without basis.  The application was originally filed in 1998 by an unincorporated 
organization named Pioneer Public Broadcasting Company (Pioneer Company).104 On July 19, 2001, 
the application was amended to reflect that a new corporation, formed on May 31, 2001, had become the 
applicant.105 The point supplement was submitted on behalf of PPBC, the applicant as of the snapshot 
date.  PPBC, however, could not have met the definition of established on that date because it was a 
new legal entity that had existed for about one week.106 In a similar context, we have declined to look 
through a corporation to its directors to satisfy the two-year requirement for established entities.107  
PPBC will not receive any points as an established local applicant.108
D. Diversity of Ownership Issues.
41. As discussed above, two points are awarded for local diversity of ownership if the principal 
community contours of the applicants proposed station and any other station in which any party to the 
application has an attributable interest do not overlap, and the applicants governing documents require 
that such diversity be maintained.   
42. Group 970738.  Denver Educational Broadcasting, Inc. (DEB) claimed no points for 
diversity of ownership in its original point supplement filed in July 2001.  On July 16, 2004, however, it 
filed an amendment stating that it qualified for two points for diversity of ownership based on a July 13, 
  
102 See www.secstate.wa.gov/corps.  The Secretary of State assigned unified business identifier number 601489051 
to UCM;  601812490 to UCCSA .
103  See PPBCs Point Supplement, Question IV(1).
104  See File No. BPED-19980427MQ.
105  See PPBCs Point Supplement, Attachment 1.  The directors of PPBC are Pioneer Companys sole director and 
principal, and one other individual.  See File No. BPED-19980247MQ, page 3 as amended.  Because this ownership 
change does not exceed 50 percent, the filing may be treated as a minor amendment.  See 47 C.F.R.  73.3573.
106  See 47 C.F.R.  73.7000.  
107  See NCE Reconsideration Order, 17 FCC Rcd at 13137-38 (denying proposal that a local corporation in 
existence for less than two years nevertheless be considered established if its directors lived in the community 
over two years).  See also NCE MO&O, 16 FCC Rcd at 5085 (an applicant cannot claim points as an established 
local applicant based on changes that occurred less than two years before the snapshot date).
108 We observe that, had we accepted PPBCs certification, there would have been a tie, which preliminary tie-
breakers would not have resolved.  The proceeding thus would have resulted in a time-sharing arrangement.
Federal Communications Commission FCC 07-40 
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2004, amendment to its bylaws.109 According to DEB, it learned from new counsel that its original 
submission was mistaken and it wished to correct its error.  DEB stated that it should have claimed 
points for diversity of ownership in its original point supplement because the principal community 
contour of its proposed station would not overlap that of any other radio station in which any party to the 
application has an attributable interest.110 However, to receive points for diversity of ownership, the 
governing documents of the applicant entity must have included a requirement to establish this diversity 
by the snapshot date of June 4, 2001.  DEB maintained that the Commission should find good cause to 
accept the application amendment or, alternatively, to waive the July 19, 2001, deadline for filing point 
supplements.111  
43. We disagree.  As the Commission has stated, NCE applicants cannot amend their 
applications after the supplement date of July 19, 2001, except for good cause.112 Thereafter, applicants 
must update their submissions pursuant to Section 1.65 of the Rules to report changes for which they 
would lose points.  However, to promote fairness and transparency in this comparative process, we do not 
permit an applicant to benefit from any changes in circumstances after the snapshot date.113 Accordingly, 
DEBs 2004 amendment is unacceptable for comparative purposes both because it was filed after July 19, 
2001, and because it relies on changes that the applicant made to its governing documents after the 
snapshot date of June 4, 2001.  Thus, DEB will receive no points for diversity of ownership.114  
44. Group 990512.  The Talking Information Center (TIC) claimed points for diversity of 
ownership in Group 990512.  TIC certified that the principal community contour of its proposed 
Marshfield, Massachusetts, station would not overlap that of any other radio station in which any party to 
the application has an attributable interest, that its governing documents require that such diversity be 
maintained, that it has placed documentation of this diversity in its local public inspection file, and that it 
has submitted copies of this documentation to the Commission.115 TIC disclosed that its certification 
excludes the interests of TIC board member and officer Edward F. Perry, Jr. (Perry), who is also sole 
principal of the licensee of WATD-FM, Marshfield, Massachusetts.  TIC maintained that such exclusion 
is appropriate because Perry has agreed to resign his positions at TIC if the TIC application is granted.  
Perry further stated in a May 30, 2001, letter submitted with the TIC point supplement that Should the 
Commissions policies require an earlier resignation to ensure diversity, my resignation from both [TIC] 
posts should be considered as effective immediately.116
  
109  See File No. BPED-19980123MO, Question IV(2)(a) as amended, Exhibit 1, and Attachment 1.
110  Id. at Exhibit 1.
111  Id.
112  See NCE MO&O, 16 FCC Rcd at 5085-86.
113  Id. at 5086.  See also Supplement Filing Notice, 16 FCC Rcd at 6894; Section 1.65 Notice, 19 FCC Rcd at 
24740.
114 In this same group, Public Broadcasting of Colorado, Inc. (PBC) filed an amendment to substitute 2000 census 
data for its technical parameter showing, which was based on 1990 census data.  PBC alleged that the 2000 census 
data was unavailable previously.  We need not address this request because PBCs proposed amendment would not 
change the outcome of this proceeding.  No applicant in Group 970738 would qualify for points for technical 
parameters regardless of the census data that is used.  In this group, no applicant proposed to serve ten percent more 
area than any other applicant.  See PBC and DEBs Point Supplements, Question IV(4). 
115  See TICs Point Supplement, Question IV(2)(a).
116 Letter from Edward F. Perry, Jr. to Ron Bersani, Executive Director, TIC (May 30, 2001), submitted in TIC Point 
Supplement, Exhibit 2.
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45. As discussed supra, the Commission examines the applicants qualifications for points as of 
the June 4, 2001, snapshot date.117 Actions that would enhance an applicants points, even if initiated 
prior to the snapshot date, will not qualify for points unless those actions have also been completed by 
that time.118 Thus, TIC could exclude attributable interests of a board member only if those attributable 
interests or the board members position at TIC ceased on a permanent basis before the snapshot date.  
Perry tendered his resignation prior to that date.  He offered to resign either upon Commission grant of 
TICs application or earlier.  TIC did not accept Perrys offer of immediate resignation; it accepted his 
resignation conditioned on a possible future action, i.e., the Commissions grant of its application.  TICs 
submissions indicate that, a month after the snapshot date, Perry retained his attributable positions at TIC 
and at a station licensed to the same community.119 Accordingly, because Perrys radio interests were 
attributable to TIC on the snapshot date, TIC is not entitled to points for diversity of ownership.
46. Group 981003.  As discussed supra, an applicant that has an attributable interest in an FM 
translator whose principal community service contour would overlap that of its full service NCE FM 
proposal may exclude the translator for diversity of ownership purposes under certain circumstances. 120  
For non-fill-in translators, the applicant must certify that it will request cancellation of the translator 
authorization upon commencing operations of the full service NCE station.121 Henderson State 
University (HSU) in Group 981003, requested a similar exclusion for its Class D station.  HSU certified 
that it would qualify for two points for diversity of ownership because it has pledged to divest or 
terminate operation of Class D station KSWH-FM, Arkadelphia, Arkansas, on Channel 216 if awarded a 
permit to construct a full service Arkadelphia NCE  station on Channel 220.  
47. The Rules governing diversity points and attribution do not contain any provision excluding 
Class D FM stations on the basis of a divestiture pledge.  Accordingly, we will consider HSUs request as 
one for a rule waiver, which we believe is warranted.  HSU has proposed to substantially enhance service 
by substituting one facility for another, the goal of the exclusion rule.122 As is also the case with FM 
translators under this Rule, HSU is proposing to surrender a secondary service authorization for a full 
service authorization.123 Finally, a waiver would promote the Commissions long-term policy to migrate 
Class D stations to full service facilities.124 Accordingly, we conclude that good cause exists and waive 
the Rule and award points for diversity of ownership to HSU.
  
117 See supra  3.
118 See NCE MO&O, 16 FCC Rcd at 5109, n.24 (Applicants may not enhance their position based on matters that 
require additional Commission or applicant action.  For example, they must consider as pending any applications for 
which their requests for withdrawal are conditioned on our approval of a settlement agreement.  Similarly, they must 
include as existing authorizations any station for which an assignment of license has not yet been consummated, 
even if an application to assign has been filed or approved.)
119 TIC Point Supplement, Exhibit 2 (July 17, 2001) ([Perry] has remained on the Board of Directors and currently 
serves as Treasurer of [TIC].  Although Mr. Perrys voice on the Board is only one of many, he has agreed to resign 
his positions as both Director and Treasurer of [TIC] should the requested Construction Permit be granted.).
120 See supra  9; 47 C.F.R.  73.7003(b)(2). 
121 See NCE MO&O, 16 FCC Rcd at 5102-03.
122 See HSUs Point Supplement, Question IV(2)(b).  See generally, NCE MO&O, 15 FCC Rcd at 5102-03.
123  See 47 C.F.R.  73.506(a)(2).
124  See 47 C.F.R.  73.511(a), 73.512.
Federal Communications Commission FCC 07-40 
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E.   Technical Parameters.
48. As discussed previously, one applicant in each mutually exclusive group may receive points 
for proposing technically superior facilities.  An applicant receives one point for a proposal covering ten 
percent more area and population than those of the next best proposal, or two points for covering 25 
percent more area and population.125 Generally, point calculations are based on the area and 2000 census 
population data provided by the applicants.126  
49. Group 980616.  Only two applicants remain after the Section 307(b) analysis in this group.  
These two applicants are considered under the point system.  With respect to technical parameters, 
Daystars proposed 60 dBu contour encompasses 521 square kilometers, with a population of 51,773.127  
Central answered the technical parameters question no and submitted no explanatory data in support of 
this specific point supplement response.128 In order to prevent one applicant from denying another 
applicant points for superior technical parameters, we will comparatively consider only those applications 
which submitted data.  Thus, in a two-applicant proceeding such as this one, one applicants failure to 
submit data will result in the maximum award of technical points to the competing applicant.  
Accordingly, Daystar will receive two points under this criterion. 
50. Groups 951129, 980510, and 981005.  The Commission has before it several groups in 
which one applicant had the best overall technical proposal, but there was no single next best 
proposal for comparison. This occurred because one applicant in the group proposed the second largest 
coverage area, while another proposed the second largest population coverage.  
51. To be the technically best applicant, the applicant must propose to serve the largest area 
and population because both are meritorious factors, and because it would otherwise be difficult in a 
streamlined point system, to distinguish between mutually exclusive applications, one of which would 
serve a populous urban area with many existing radio stations, and the other of which would offer service 
to a wide area with fewer people and fewer existing service options.129 The rationale for awarding points 
to the technically best applicant is equally compelling in groups in which there is not a single second 
best proposal in terms of area and population.  The Rules, however, do not prescribe how to undertake 
this comparison in these circumstances.  We believe that the appropriate approach is to undertake separate 
area and population comparisons, even when this requires us to use two different next best applications.  
For example, in Group 981005, Friends of Radio Maria (Friends) presents the best technical proposal 
by serving both the greatest area and population in the group.  We compare Friends area to the next 
largest area proposed by Greater Mississippi Broadcasting (GMB) and Friends population to the next 
largest population proposed by Bible Broadcasting Network (BBN).130 Friends will receive one point 
  
125 For groups in which one best applicant proposes to serve the largest area and population the Commission 
determines whether that applicant meets the 10 percent or 25 percent figure as follows.  First, the Commission 
calculates the additional area and population to be served by the best proposal by subtracting from them, 
respectively, the area and population of the next best proposal.   To obtain a percentage, the Commission divides 
the resulting area and population differentials by the respective area and population of the next best proposal, i.e., 
by the figures that must be exceeded by either 10 percent or 25 percent to qualify for points.   
126  See supra note 114 (non-decisional use of 1990 census data in group 970738). 
127  See Daystars Point Supplement, Question IV(4).
128  See Centrals Point Supplement, Question IV(4).
129 NCE Order, 15 FCC Rcd at 7403.
130 Friends proposed 60 dBu contour encompasses 495 square kilometers with a population of 104,171  the 
greatest with respect to both area and population.   GMBs proposed 60 dBu contour encompasses 426 square 
Federal Communications Commission FCC 07-40 
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under the technical parameters criterion because its proposal exceeds the next best area and population 
proposals of the others by at least 10 percent.  
52. Group 9901XP.  CSN International (CSN) certified that the 60 dBu contour of its 
proposed station in Cocoa Beach, Florida, encompasses 179 square kilometers with a population of 
40,763.  The certification, which claims to cover approximately 300% more area than that of any 
mutually exclusive applicant, appears to be without basis.131 CSN apparently included in its area the large 
areas of water surrounding Cocoa Beach, which it has elsewhere properly recognized must be excluded 
for purposes of technical parameters.132 Other information in the record of this proceeding, indicated that 
CSNs proposed 60 dBu contour encompasses approximately 27 square kilometers.133 Technical points 
are awarded only to the applicant with the best technical proposal in the group, which must serve at least 
10 percent more area and population than the second best proposal.  No applicant in the present group 
qualifies for points under this criterion.
F.    Other Point System Issues.
53. Group 951129.    Each NCE applicant was required to timely file a point supplement on 
FCC Forms 340 or 340-Supp to be eligible to participate in a point hearing.134  Three of the four 
applicants in Group 951129, American Family Association (AFA), Good News Ministries (GNMI), 
and Community Broadcasting, Inc. (CBI) each timely filed supplements on the proper form.  Baptist 
Temple School (BTS) did not use the form.  Instead, on May 25, 2001, BTS submitted a pleading 
entitled Supplement to Application.  BTS argued that it qualifies for five points -- three as an 
established local applicant and two for diversity of ownership.135 BTSs improvised filing fails to provide 
all of the information and certifications required to support its point claims. For example, BTS stated that 
it should receive points for diversity of ownership because it has no other broadcast interests.  That 
showing is incomplete because it has not shown that it timely amended its governing documents by the 
snapshot date to require that it maintain diversity of ownership, or that it has placed documentation of its 
claims in its local public file.  In support of its localism claim, BTS submitted a 1991 determination by 
the Internal Revenue Service and a 1976 letter from Accelerated Christian Education, Inc., both sent to 
BTS at addresses in St. Joseph, Missouri.136 BTS did not certify that it has placed this documentation in 
     
kilometers with a population of 83,095  second greatest in terms of area, but not population.  BBNs proposed 60 
dBu contour encompasses 366 square kilometers with a population of 89,720  second greatest in terms of 
population, but not area.  AFAs proposed 60 dBu contour encompasses 258 square kilometers, with a population of 
71,561. See Friends, CMB, and BBN Point Supplements, Question IV(4).
131  See CSN Point Supplement, Question IV(4).
132  See CSN Point Supplement, Exhibit E-1, Methodology (the area is [to be] corrected by subtracting the area over 
open water as specified in Section 73.313. . .); see also 47 C.F.R.  73.313(d)(2).
133 CSN would operate virtually identical facilities to those of Black Media Works (BMW) using the same 
geographic coordinates, power, and channel.  Thus, BMWs calculation of a coverage area of approximately 27 
square kilometers, excluding areas of water, is equally applicable to CSN.  See also, Exhibit 3 to Centrals Point 
Supplement (comparison of all competing proposals which calculates that the land area covered by CSN and 
BMWs proposals comprise 15.1 % of the total 176.9 square kilometers within their total coverage area, i.e., 26.6
square kilometers).
134 See NCE MO&O, 16 FCC Rcd at 5108-08; Supplement Filing Notice, 16 FCC Rcd at 6894; Supplement 
Extension Notice, 16 FCC Rcd at 10892.
135  See BTS Point Supplement at 1. 
136 See BTS Point Supplement, Exhibit 1.
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its public file.  BTS also failed to certify that its statements are true, complete, and correct and to waive 
claims to the use of a particular frequency.  Applicants are required to make these certifications when 
completing Sections IV and VI of Form 340-Supp.137  For these reasons, we decline to credit BTSs 
materially incomplete submission.  
G.   Tie-Breaker Clarification.
54. For purposes of the tie-breakers, NCE FM applicants report the number of authorized 
commercial and NCE AM, FM, and FM translator stations (other than fill-in translator stations) for which 
they hold authorizations or have submitted applications.138 All ties in this proceeding were resolved 
pursuant to the first tie-breaker -- fewest existing authorizations.139 Nevertheless, we have noticed that 
some applicants were unsure of the correct methodology for computing the second tie-breaker -- fewest 
applications.140 Some specified that they had (or had not) included the application at issue as one of 
pending applications reported.  Others qualified their responses to identify whether they included short 
form submissions on Form 175 as applications.  We will clarify our requirements to provide guidance 
to future applicants.
55. Applicants should include the application at issue when counting their pending applications.  
Thus, one pending application is the lowest possible number of pending applications that can be 
specified correctly on any point system submission.  Applicants should count all new or major 
modification radio station applications filed on FCC Forms 301, 318, 340, and 349.141 Applicants should 
not include short form submissions filed on Form 175 because that Form is for preliminary submissions. 
If a Form 175 filer subsequently submits a long form application, the applicant must amend its tie-breaker 
response at that time, pursuant to the requirement that applicants must report changes that would diminish 
their comparative position.142 We direct the staff to update the instructions to the Form 340 application 
accordingly.
H.  Major Changes in Ownership.  
56. A number of the applicants considered herein have filed amendments or other documents 
which reflect substantial changes in their officers and/or governing boards since they filed their 
applications.  Under the Rules, a 50 percent change in the ownership of an NCE applicant would 
  
137 BTSs improvised pleading includes certifications that serve a different purpose, such as its certification that it is 
not subject to denial of benefits  pursuant to the Anti-Drug Abuse Act of 1988, 21 U.S.C.   862. 
138 See 47 C.F.R.  73.7003(b)(2).
139 See 47 C.F.R.  73.7003(c)(1).
140  See 47 C.F.R.  73.7003(c)(2).
141 An applicant for a major modification would count the current authorization for the station it seeks to modify.  
This reflects that the modification applicant will continue to hold its existing authorization, regardless of whether the 
modification application is granted, See generally, NCE MO&O, 16 FCC Rcd at 5094.  We recognize that counting 
such an existing authorization for purposes of a tie-breaker has the potential to break ties in favor of new applicants 
over those seeking modifications.  As the Commission has acknowledged, a proposal for new facilities is more 
likely to prevail over one for modified facilities under our comparative procedures, a result consistent with the 
Commissions desire to maximize the provision of additional service.  Id. (applicants for new and modified NCE 
stations must report differently-sized areas for purposes of computing technical points).
142  See, e.g., Section 1.65 Notice. 19 FCC Rcd at 24740.
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generally be considered a major change and would not be permissible outside of a filing window.143  
Accordingly, we must consider whether applicants undergoing such changes are to be eliminated from 
consideration, or whether rule waivers are appropriate.  With one exception, we have limited our 
consideration of this issue to applicants that we have identified as tentative selectees within a group.  A 
major change in an applicant that has not been tentatively selected would generally be irrelevant because 
that applicant would have received all of the points to which it was entitled, yet would not have had 
sufficient points to receive the permit, even had its ownership remained unchanged.  
57. One example of an NCE tentative selectee that has experienced a 50 percent change in 
ownership is Iowa State in Group 94123E.  Iowa State filed its application in 1995.  At approximately the 
same time, the Commission initiated a rulemaking proceeding to establish the new NCE comparative 
procedures.144 Since 1995, a majority of the Iowa State Board of Regents and of the officers selected by 
the Regents to control the radio operations of the facility proposed by Iowa State have changed.145 The 
change has occurred gradually pursuant to state law,146 not as an outgrowth of any partys desire to gain 
control over an entity which has pending an NCE new station application.147  
58. Another representative applicant experiencing governing similar board changes is Hyles-
Anderson College (HAC) in Group 89101E.  HAC filed its application in 1989, prior to the NCE 
rulemaking proceeding.  Since that time, a majority of HACs governing board, which is elected by 
church membership, has changed gradually.148 Again, the change appears to have occurred naturally as 
the organization evolved and grew, not as an outgrowth of any partys desire to gain control over a 
pending NCE new station application.149  
  
143  Id. at 47 C.F.R.  73.3573(a)(1), (b)(2), and (b)(3).
144  See supra n.4.  
145  See File No. BPED-19950213MB, as amended, Question II(6).  At the time of its application, Iowa State had 
three officers, appointed by the state Board of Regents, with authority over Iowa States radio operations.  See File 
No. BPED-19950213MB, Exhibit III.  The Board of Regents is composed of nine members appointed for staggered 
six-year terms by the Governor, with approval from the State Senate.  Id.  Iowa filed amendments on November 2, 
1995, July 9, 1997, August 4, 1999, October 10, 2001, and September 22, 2003, reflecting an evolution of its 
governing board.  The amendment filed in September 2003 indicates that there are now two officers that oversee 
Iowa States radio operations and that only one was one of the original three officers.  The Board of Regents had 
only one original member at the time of Iowa States 2003 amendment. 
146  See Iowa Code, Ch. 62 (attached to Iowa States Point Supplement).
147  See generally Constellation Communications, Memorandum Opinion and Order, 11 FCC Rcd 18502, 18512 
(1996) (Constellation) (waiving 47 C.F.R.  25.116 to accept major ownership amendment without issuance of a 
new file number to application for a satellite authorization, where the ownership change occurred as a result of 
routine business and not for the purpose of acquiring the pending application).
148  See File No. BPED-19891019MA, as amended, Question II(6).  HAC is governed by a six-member Board of 
Directors (also known as its administrative council) which is elected by the Board of Deacons of the First Baptist 
Church of Hammond, Indiana.  Id. and associated exhibits.  The Board of Deacons, in turn, is elected by the general 
membership of the Church.  HACs 1989 application identified 100 people with voting interests, which appear to 
correspond to 94 members of the Board of Deacons and its six officers.  Id.  An amendment filed in January 2005 
indicates that only two of the original six officers remain and that the Board of Deacons has grown considerably.  Id.
149 See Constellation, 11 FCC Rcd at 18512.
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59. The Commission in other contexts has recognized that changes in NCE governing boards are 
inevitable over periods as brief as four years.150 We continue to believe it would be unreasonable to 
penalize Iowa State, HAC, and other similarly situated NCE applicants for routine and inevitable changes 
in their boards or other governing bodies, over the substantially longer period that the Commission was 
unable to act on their applications due to pending NCE rulemaking and judicial proceedings.151  
Therefore, we waive Section 73.3573 with respect to the change in the governing bodies of these 
applicants and others, as noted in the ordering clauses and Appendix to this Order.152  
60. The staff, as part of its fair distribution analysis, is likely to encounter pending NCE 
applicants that have experienced gradual ownership changes over long periods and not as an outgrowth of 
the partys desire to gain control over the NCE station application.  We direct the staff to waive the major 
change provision in Section 73.3573 for similarly situated NCE applicants.  We expect that many pending 
NCE applicants that have experienced 50 percent ownership changes will qualify for such waivers.  
61. Waivers, however, are not warranted in all circumstances, as illustrated by the following 
case.  Group 950215 consists of two applicants which each proposes to construct an NCE station in 
McCloud, California.  The community of McCloud is located in Siskiyou County, California, which 
borders the State of Oregon.  One applicant, Oregon, filed a Petition to Deny the competing application of 
Fatima Response, Inc. d/b/a/ St. Michaels Catholic Radio (Fatima).153 Ordinarily, petitions to deny are 
considered only against a tentative selectee.154 Even though the Commission ultimately does not apply a 
point system in Group 950215 nor identify Fatima as a tentative selectee, we will address Oregons 
concerns about Fatimas ownership and corporate status since they are relevant to the resolution of this 
group.  These matters have already been the subject of staff inquiries and are useful in illustrating changes 
that would not justify a waiver of Section 73.3573. 
62. Fatima filed its application (the McCloud Application) on May 3, 1996, providing an 
address in Long Beach, California.155 Fatimas members at the time were Kimberly Thompson, its 
  
150  See Creation of Low Power Radio Service, Second Report and Order on Reconsideration and Further Notice of 
Proposed Rulemaking, 20 FCC Rcd 6763, 6772 (2005) (waiving 47 C.F.R.  73.865 to allow change in majority of a 
Low Power FM stations governing board as long as there is no change in the organizations mission); NCE Order, 
15 FCC Rcd at 7426 (gradual changes in NCE governing boards are ordinary and inevitable prior to the end of the 
four-year holding period, and points for diversity and localism will thus be awarded only if governing documents 
ensure that these factors will be preserved despite board changes).  
151 The Commission also has recognized that board changes in a non-stock organization will not necessarily change 
the nature of the organization or break continuity of control, especially if the changes occur gradually as individuals 
serve out established terms of office.  See Non-Stock Corporations, Notice of Inquiry, 4 FCC Rcd 3403, 3405-07  
(1989).  On that basis, the Commission once proposed treating gradual board changes in membership organizations 
and governmental entities as not constituting a substantial change in control and, thus, to permit such changes 
without prior Commission consent.  Id. at 3508.  Cf. 47 U.S.C.  310(d) (no rights under a Commission construction 
permit shall be transferred without Commission consent).  
152 Specifically, rule waivers have been granted in groups 89101E, 94123E, 95076E, 960813, 961011, 970111, 
970209, 970520, 980401, 98043S, 980605, 980704, 980805, 990101, 990306, and 990607.
153 The Commission declines to address a character issue raised by Oregon because the Commission dismissed 
similar allegations when it granted Fatimas application to assign a permit to construct a new station in Dunsmuir, 
California (the Dunsmuir Application).  See Fatima Response, Inc., 1999 WL 809703 (1999), recon. denied, 15 
FCC Rcd 10520 (2000) (Dunsmuir) (approving application BALED-960514GK to assign the license for
KZRO(FM), Dunsmuir, California).
154 See 47 C.F.R.   73.7004(a).
155 McCloud Application, Section I, Question 1.
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President and Christine Matson, its Vice President.156 The Oregon Secretary of States records, submitted 
in this and related proceedings, indicate that Fatima was incorporated in Oregon on July 7, 1993.  
Kimberly Thompson was again listed as President.157 The Secretary of State assigned the corporation the 
registry number 353377-81.  According to the Secretary of State, Fatima was involuntarily dissolved on 
October 22, 1995, approximately six months before filing the McCloud Application, and was not 
reinstated.158 (We shall refer to this corporation as Fatima I. )
63. On November 13, 1996, Oregon filed a Petition to Deny the McCloud Application, 
alleging that Fatima did not exist as a legal non-profit corporate entity.  Fatima did not file any response 
to Oregons Petition.  On January 27, 1998, the staff requested that Fatima provide additional information 
concerning its corporate status both for Fatimas McCloud and Dunsmuir NCE applications.  A response 
was submitted on February 16, 1998, by Christine Matson, Vice President.159 Oregon filed a 
Supplemental Petition to Deny on August 20, 1999.160  
64. Events in early 1999 indicate a struggle between two groups for control of the 
application, with one trying to override actions undertaken by the other.  On March 1, 1999, Franck Kato, 
on behalf of Fatima Response, Inc. located in Keno, Oregon, requested that the Commission dismiss the 
McCloud Application.161 According to Kato, Fatima Response, Inc. has nothing to do with these 
applications, and if the application was granted, Fatima Response, Inc. will not build nor operate the 
station.162 Kato further indicated that Kimberly Thompson has left the organization, and that Ms. 
Thompson filed the application without the corporations consent.163 On March 30, 1999, however, 
Christine Matson, as Vice President of Fatima I, submitted a letter withdrawing the dismissal request.  
     
156 Fatimas application did not list the names of the companys officers or directors, referring instead to information 
filed with the Commission in the Dunsmuir Application.  Specifically, the Application states that the required 
ownership information was filed on 5/14/96.  The Dunsmuir Application was filed on that date.  The McCloud 
Application was signed by Kimberly Thompson, as Fatimas president, and the engineering section was signed by 
Mike McKenna, as Technical Consultant.  See McCloud Application at Sections V-B and VII.  
157 See Oregon Secretary of State Record (submitted as Oregon Supplemental Petition to Deny, Exhibit I-D).  
Shannon Saul was listed as secretary and William L. Zawila as registered agent.
158 See Certificate, State of Oregon, Office of the Secretary of State, Corporate Division (June 14, 1996) (submitted 
as Oregon Supplemental Petition to Deny, Exhibit 2-A-1).  The Commissions Dunsmuir decision addresses an 
alleged failed attempt in 1997 to reinstate corporate status in Oregon, and Fatimas claim to be a de facto 
corporation in California.  In 1999, the Commission encouraged Fatima to remove any ambiguity regarding its
corporate status by hiring competent local counsel to ensure that [Fatima] exists as a valid de jure corporation in at 
least one state and is registered to do business in other pertinent jurisdictions.   Dunsmuir, 1999 WL 809703 at n.8.
159 Letter from Christine Matson, Vice President, Fatima to Secretary, FCC (Feb. 16, 1998). 
160 Oregon alleged that there are two Fatima corporations, Fatima I and Fatima II, and that individuals associated 
with Fatima II have substituted themselves for the defunct Fatima I corporation by the same name in a maneuver 
designed to hijack the original application.   Oregon also maintained that this proceeding is rife with 
misrepresentations, false identities, forged signatures, and charges and countercharges of fraud.   Oregon further 
alleged that both groups are involved in impermissible activities, such as the trafficking of NCE permits.  
161 Notice of Withdrawal of Construction Permit Application (March 1, 1999) (also attached as Exhibit 1 to 
Oregons Supplemental Petition to Deny).
162  Id.
163  Id.
Federal Communications Commission FCC 07-40 
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Matson did not contest the authority of Kato to request dismissal.164 Rather, she requested that the 
Commission return our request for dismissal because Fatima had since signed a new lease option for the 
proposed antenna site.165 The staff retained the application in pending status.
65. Articles of Incorporation for the Keno, Oregon, Fatima were filed with the Oregon 
Secretary of State on March 5, 1999 and assigned Oregon registry number 678625-82.  (We will refer to 
this corporation as Fatima II.) On June 17, 1999, Sandra Soho, registered agent for Fatima II, 
submitted a pleading to the Commission alleging fraud by the registered agent and technical consultant of 
Fatima I.166 Attached to that pleading was a Declaration of Kato as sole director of Fatima.   Therein, 
Kato stated that the application to build a new non-commercial educational FM broadcast station using 
channel 219A at McCloud, California, which has FCC file number BPED-960503MG, does not belong to 
Fatima Response, Inc.167  On June 4, 2001, Fatima I filed a point supplement to the McCloud 
Application using the original Fatima I corporate address in Long Beach, California.  The point 
supplement was signed by Christine Matson as Vice President.168  Fatima II was involuntarily dissolved 
on May 5, 2000, reinstated on March 12, 2004, and administratively dissolved on May 6, 2005.
66. In December 2004, the staff, by public notice, reminded NCE applicants of their 
obligation to maintain the continuing accuracy and completeness of their pending applications.169 Neither 
of the Fatima corporations submitted any such update to the McCloud Application.  However, Fatima II 
filed corporate documents relating to its application to construct a new non-reserved band FM station in 
Merrill, Oregon.170 The Merrill Application was filed in November 1995 by the parties associated with 
Fatima I and amended in March 1999 to substitute Kato of Fatima II as sole member.  On November 14, 
2000, an amendment to the Merrill Application was filed purporting to replace Franck Kato as the sole 
director and member with Leroy Demery because Kato allegedly obtained a fatal illness that has caused 
physical problems and psychosis making it impossible for him to function as director.171 The amended 
Merrill Application listed Demery as holding 100 percent voting control and equity in Fatima.  On March 
18, 2004, in the context of the Merrill Application, the staff sent an inquiry letter requesting that Fatima 
provide a copy of its current governing documents, its most recent annual report filed with the state, and 
the name(s) and address(es) of its current members and/or governing board.  Although the inquiry letter 
was sent to both the California (Fatima I) and Oregon (Fatima II) addresses, the letter sent to the Fatima I 
address was returned addressee unknown.  Leroy Demery, on behalf of Fatima II, responded that 
Demery is the director of Fatima and holder of 100 percent of its votes and equity.  Demery attached a 
copy of the March 5, 1999, Fatima II Articles of Incorporation; a Reinstatement Annual Report to the 
  
164 Letter from Christine Matson, Vice President, Fatima to Secretary, FCC (Mar. 30, 1999).
165  Id.
166 Notice of Criminal Fraud by William Zawila and Mike McKenna (June 17, 1999) (also attached as Exhibit XI-A 
to Oregons Supplemental Petition to Deny).
167 Declaration of Franck Kato, Director, Fatima (June 14, 1999).
168 The signature for Christine Matson on the point supplement is vastly different from her signature on previous 
correspondence.
169 See Section 1.65 Notice, Public Notice, 19 FCC Rcd at 24740.  
170 Application of Fatima Response, Inc. to construct a new FM station in Merrill, Oregon, File No. BPED-
19951108NE (Merrill Application), dismissed, Fatima Response, Inc., DA 06-2016, 2006 WL 3025784 (MB Oct 
25, 2006).
171 October 18, 1999, Amendment to Merrill Application, Attachment A.
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Oregon Secretary of State dated March 12, 2004; a Reinstatement Amended, also dated March 12, 
2004; and an undated Acknowledgment of Reinstatement Amended from the Secretary of State. 
Despite the report in 2000 of Mr. Katos physical and psychiatric deterioration, the 2004 Reinstatement 
Annual Report listed him as Secretary of the applicant.
67. Based upon the evidence produced by the parties and that of which we take 
administrative notice, we conclude that there are two possible scenarios concerning changes in Fatima, 
either of which would result in dismissal of its McCloud Application.  First, Fatima has undergone at least 
two major and sudden changes of ownership since its McCloud Application was filed.  Even assuming 
arguendo that the March 5, 1999, incorporation of Fatima II constituted a revival of Fatima I, 100 percent 
of the members changed, from Kimberly Thompson and Christine Matson to Franck Kato as sole member 
and owner.  Then, in November of 2000, 100 percent of the membership changed, from Franck Kato to 
Leroy Demery.  Either event would be considered a major change in ownership.172 The circumstances 
surrounding these changes  as highlighted by the struggle to dismiss and/or retain in pending status the 
McCloud Application -- evidence an attempt to gain control of the applicant entity, not a gradual 
replacement of the applicant members over time, in the ordinary course of the entitys corporate 
existence.  Thus, grant of a waiver of the major change provision in Section 73.3573 would not serve the 
public interest, and the application may be dismissed on this basis.
68. Alternatively, Fatima, as currently constituted, is not the entity that originally filed the 
application for an NCE FM broadcast station at McCloud, California.173 The only Fatima that had ever 
existed in the State of Oregon in the general time frame in which the McCloud Application was filed was 
Fatima I.  That corporation was dissolved before the application was filed and has not been revived.  
Under this scenario, another group of individuals, entirely different from those who formed Fatima I, 
formed a new corporation on March 5, 1999, by filing new Articles of Incorporation and receiving a new 
registry number, 678625-82, from the Oregon Secretary of State (Fatima II).  By this filing, the principals 
of Fatima II merely sought to replace the original McCloud applicant, Fatima I, with their newly-formed 
but identically named corporation.174 In such circumstances, the proper applicant for the McCloud NCE 
permit would not be Fatima II, but the now-defunct Fatima I.  Fatima I failed to file the required Section 
1.65 amendments, including one to update its now-invalid mailing address.  Under this fact pattern, even 
had ownership of Fatima I not changed by over 50 percent, Fatima I is a long-defunct corporation that has 
failed to prosecute its McCloud application.   This too is grounds for dismissal.175  
69. Accordingly, under either scenario discussed above, dismissal of the Fatima McCloud 
Application is the appropriate action.   Oregon is the sole remaining applicant.  Oregons application was 
accepted for filing by a public notice pursuant to our former A/B procedures,176 the petition to deny 
period triggered by that notice has run, and Oregon, as a singleton, has not been subject point system 
  
172 See 47 C.F.R.  73.3573(a)(1) (major change in ownership occurs when the original party or parties to an 
application do not retain 50 percent ownership interest in the application as originally filed), and 73.3573(b)(2) 
(amendment to a non-reserved band application that would effect a major change will not be accepted).
173 This second scenario is proposed by Oregon in its Supplemental Petition to Deny.  See supra note 160.
174 Any contention that Fatima II was merely a revival and change in control of Fatima I is contradicted by the fact 
that new Articles were filed and a new registry number assigned.  
175 47 C.F.R.  73.3568(a)(1).
176  See Noncommercial Educational FM Broadcast Applications Accepted for Filing and Notification of Cut-Off 
Date, Public Notice, Report No. A-292 (March 29, 1996) (announcing acceptance of File No. BPED-19950210MA 
and establishing May 3, 1996, cut-off date for petitions to deny).
Federal Communications Commission FCC 07-40 
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findings that might be challenged in a further petition to deny.  Therefore, we direct the staff to issue a 
public notice granting Oregons application as a singleton.  
IV.  NARRATIVE OF GROUP POINT SYSTEM DETERMINATIONS
70. This Section contains narrative descriptions of our point system analyses in each 
mutually exclusive proceeding, organized chronologically.  Unless otherwise noted, each component of 
the analysis is based on information provided in the point supplements of the respective applicants, with 
no change by the Commission.177
71. Group 880611.  This group consists of the mutually exclusive applications of Research 
Foundation, California State University, Chico (Foundation) and State of Oregon Acting by and 
through the State Board of Higher Education for the Benefit of Southern Oregon University (Oregon).  
Both propose to serve the community of Redding, California.  As we have discussed supra, each 
applicant believed that it qualified for points as an established local applicant, but neither applicant met 
the precise definition of established local applicant and, therefore, will receive no localism points.178  
Foundation claimed two points for diversity of ownership.  Oregon certified that it is not entitled to any 
points under that criterion.  Oregon claimed two points as a statewide network. Foundation certified that it 
does not qualify for points under this criterion.  With respect to technical parameters, Oregons proposed 
60 dBu contour would encompass 5,807 square kilometers with a population of 161,907.  Foundations 
proposed 60 dBu contour would encompass 9,011 square kilometers with a population of 168,084.  One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  Neither applicant in this group qualifies for points under this criterion.    Accordingly, 
Foundation and Oregon are each credited with a total of two points.  Both applicants will proceed to a tie-
breaker.
72. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations 
prevails.  Foundation certifies that it has attributable interests in 4 radio authorizations.  Oregon certifies 
that it has attributable interests in 42 radio authorizations.  Foundation therefore prevails based on this 
first tie-breaker criterion and is the tentative selectee in Group 880611.  The remaining tie-breaker 
criterion need not be considered.
73. Group 89101E. This group consists of the mutually exclusive applications of Hyles-
Anderson College (HAC) and Moody Bible Institute (MBI).   Both propose to serve the community 
of Crown Point, Indiana.  HAC claimed three points as an established local applicant.  MBI certified that 
it is not entitled to any points for this criterion.  HAC and MBI each claimed two points for diversity of 
ownership. Neither applicant claimed points as a statewide network.  With respect to technical 
parameters, HACs proposed 60 dBu contour would encompass 1,330 square kilometers with a 
population of 491,103.  MBIs proposed 60 dBu contour would encompass 4,592 square kilometers with 
a population of 638,369.  One technical point is awarded to the applicant that serves at least 10 percent 
  
177 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(a) and (b) of their point supplements and associated exhibits.  Claims to qualify as established local 
applicants, for diversity of ownership, and as statewide networks were reported in the point supplement responses to  
Questions  IV(1), (2) and (3) respectively.  Applicants reported the area and population figures used in our analyses 
of technical parameters in response to point supplement Question IV(4) and associated exhibits.  Tie-breaker 
information concerning the applicants attributable interests in other radio authorizations were reported at Question 
V(1).
178  See supra  32 -36.
Federal Communications Commission FCC 07-40 
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more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Therefore, MBI will receive 2 points and HAC will not receive any 
points under this criterion.  Accordingly, HAC is credited with a total of 5 points and MBI is credited 
with a total of 4 points.  Thus, HAC is the prevailing tentative selectee in Group 89101E.  Tie-breaker 
criteria need not be considered.
74. Group 941116.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Positive Alternative Radio, Inc. (PAR). Both propose to serve the 
community of Ashland, Kentucky.  AFA and PAR each certified that it is not entitled to any points as an 
established local applicant.     PAR did not claim any points for diversity of ownership.  AFA claimed two 
points under this criterion, based on a pledge to request cancellation of FM translator station W216AT, 
Ashland, Kentucky upon the commencement of operation of the proposed full service station.179 Neither 
applicant claims points as a statewide network.  With respect to technical parameters, AFAs proposed 60 
dBu contour would encompass 389 square kilometers with a population of 98,264.  PARs proposed 60 
dBu contour would encompass 2,216 square kilometers with a population of 232,055.  One technical 
point is awarded to the applicant that serves at least 10 percent more area and population than the second 
best proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  
Therefore, PAR is credited with two points and AFA is not credited with any points under this criterion.  
Accordingly, AFA and PAR are both credited with a total of two points.  Both applications will proceed 
to a tie-breaker.
75. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  AFA 
certifies that it has attributable interests in 227 radio authorizations.  PAR certifies that it has attributable 
interests in 41 radio authorizations.  PAR prevails based on this first tie-breaker criterion and is the 
tentative selectee in Group 941116.  The remaining tie-breaker criterion need not be considered.
76. Group 94123E. This group consists of the mutually exclusive applications of Grassroots 
Broadcasting Company (Grassroots), Iowa State University of Science and Technology (Iowa State), 
and American Family Association (AFA).  Grassroots and Iowa State propose to serve Ottumwa, Iowa.  
AFA proposes to serve Fairfield, Iowa.  As discussed supra, AFA is eliminated in a Section 307(b) 
analysis and the two Ottumwa applicants proceed to a point hearing.180  
77. Grassroots and Iowa State each claimed three points as established local applicants and 
two points for diversity of ownership.  Neither claimed points as a statewide network.  With respect to 
technical parameters, Grassroots proposed 60 dBu contour would encompass 484 square kilometers with 
a population of 32,429.  Iowa States proposed 60 dBu contour would encompass 4,835 square kilometers 
with a population of 70,719.  One technical point is awarded to the applicant that serves at least 10 
percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  Therefore, Iowa State will receive two points and 
Grassroots will not receive any points under this criterion.  Accordingly, Grassroots is credited with a 
total of 5 points, and Iowa State with a total of 7 points.  Iowa State is the prevailing tentative selectee in 
Group 94123E.  A tie-breaker analysis is not necessary.
78. Group 950215.   This group originally consisted of the applications of Fatima Response, 
Inc. d/b/a/ St. Michaels Catholic Radio (Fatima) and State of Oregon Acting by and through the State 
Board of Higher Education for the Benefit of Southern Oregon University (Oregon).  As discussed 
supra, we have dismissed Fatimas application because it has undergone a major change in ownership 
  
179 AFAs Point Supplement, Question  IV(2)(b) and Exhibit 2.   
180  See supra,  22.
Federal Communications Commission FCC 07-40 
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under circumstances that do not justify a waiver or is a long-defunct corporation that has failed to 
prosecute its application.181 A point system analysis is not necessary because, with dismissal of Fatimas 
application, there are no longer any mutually exclusive applications in this group.  Oregon, the sole 
remaining applicant, can be processed as a singleton.
79. Group 95031E.  This group consists of the mutually exclusive applications of Christian 
Arts and Education, Inc. (CEA) and State of Oregon Acting by and through the State Board of Higher 
Education for the Benefit of Southern Oregon University (Oregon).  Both applicants propose to serve 
the community of Redding, California.   CEA certified that it is not entitled to any points as an established 
local applicant.  As discussed supra, Oregon believed that it qualified for points as an established local 
applicant, but did not meet the precise definition of established local applicant and, therefore, will not 
receive any localism points.182  Oregon certified that it is not entitled to any points for diversity of 
ownership.  CEA claimed two points for diversity of ownership.  CEA certified that it is not entitled to 
any points as a statewide network.  Oregon claimed two points as a statewide network.183 With respect to 
technical parameters, Oregons proposed 60 dBu contour would encompass 3,961 square kilometers with 
a population of 154,474.  CAEs proposed 60 dBu contour would encompass 4,507 square kilometers 
with a population of 136,944.  One technical point is awarded to the applicant that serves at least 10 
percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  No applicant in the present group qualifies for points 
under this criterion.  Accordingly, CEA and Oregon are each credited with a total of 2 points.  Both 
applicants will proceed to a tie-breaker.
80. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations 
prevails.  CEA certifies that it has no attributable interests in radio authorizations.  Oregon certifies that it 
has attributable interests in 42 radio authorizations.  CEA therefore prevails based on this first tie-breaker 
criterion and is the tentative selectee in Group 95031E.  The remaining tie-breaker criterion need not be 
considered.
81. Group 95062E.  This group consists of the mutually exclusive applications of Positive 
Alternative Radio, Inc. (PAR) and Educational Media Corporation (EMC).  PAR proposes to serve 
Lynchburg, Virginia and EMC proposes to serve Rustburg, Virginia. When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  PAR and EMC each certified that it would not qualify for a Section 307(b) 
  
181  See supra,  67-69.
182  See supra,  35-37.
183 Specifically, Oregon stated that it has made arrangements with the State of California to coordinate educational 
efforts in the border area of Southern Oregon and Northern California.  Oregon stated that this arrangement includes 
the provision of educational programming by Oregon for use in or in furtherance of the curriculum of at least five 
full-time California state colleges or universities that are located within the service contour of radio stations licensed 
to Oregon.  See Oregons Point Supplement., Question  IV(3) and associated exhibit.  Oregon further said that, if the 
subject application is granted, its network would serve one additional California state college (Simpson College) in 
furtherance of its curriculum.  Id.  Oregon maintained that it qualifies for two statewide network points under 47 
C.F.R.  73.7003(a)(3)(ii), which pertains to applicants that are institutions of higher learning under common 
authority.  That rule section is not applicable in this case because Oregon and these institutions are unrelated entities.  
We do, however, find Oregon qualified under  47 C.F.R.  73.7003(a)(3)(iii), which provides two statewide network 
points to organizations with or without direct authority over schools, that will regularly provide programming in 
coordination with accredited institutions.
Federal Communications Commission FCC 07-40 
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preference because it would not provide a new first or second service to ten percent of the population 
within its respective service area.   The applications, therefore, proceed to a point hearing.
82. Each applicant certified that it is not entitled to any points as an established local 
applicant.   EMC originally sought two points for diversity of ownership, but has since amended its 
application to notify the Commission that it no longer qualifies for such points due to its acquisition of 
WTTX-FM, Appomattox, Virginia.184 Neither applicant claimed points as a statewide network.  With 
respect to technical parameters, PARs proposed 60 dBu contour would encompass 3,020 square 
kilometers with a population of 162,558. EMCs proposed 60 dBu contour would encompass 2,526 
square kilometers with a population of 166,848.  One technical point is awarded to the applicant that 
serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential.  Neither applicant in this group 
qualifies for points under this criterion.    Accordingly, PAR and EMC have not claimed or received any 
points.  PAR and EMC will proceed to a tie-breaker.  
83. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations 
prevails.  PAR certified that it has attributable interests in 83 radio authorizations.  EMC certifies that it 
has attributable interests in 17 radio authorizations.  EMC therefore prevails based on this first tie-breaker 
criterion and is the tentative selectee in Group 95062E.  The remaining tie-breaker criterion need not be 
considered.
84. Group 95072E.  This group consists of mutually exclusive applications of Thomas Aquinas 
School (TAS), Stockton Christian Life College, Inc. (Stockton), and the Board of Regents of the 
University of Nevada acting on behalf of Truckee Meadows Community College (Regents).  TAS 
proposes to serve Tahoe City, California.  Stockton and Regents propose to serve Reno, Nevada.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  TAS, Stockton, and Regents each certified that it would 
not qualify for a Section 307(b) preference because it would not provide a new first or second service to 
ten percent of the population within its respective service area.   The applications, therefore, proceed to a 
point hearing.
85. TAS and Regents claimed three points as established local applicants.  Stockton certified 
that it is not entitled to any points for this criterion.  TAS and Regents each certified that it is not entitled 
to points for diversity of ownership.  Stockton claimed two points for diversity of ownership based on its 
exclusion of FM translator station K202BR (now K201HO), Reno, Nevada for which Stockton pledges to 
seek cancellation upon commencement of operations of its proposed full service station.185 None of the 
applicants claimed points as a statewide network.  With respect to technical parameters, TASs proposed 
60 dBu contour would encompass 6,884 square kilometers with a population of 465,407 people.  
Stocktons proposed 60 dBu contour would encompass 13,183 square kilometers with a population of 
526,612 people.  Regents proposed 60 dBu contour would encompass 1,377 square kilometers with a 
population of 211,760 people. One technical point is awarded to the applicant that serves at least 10 
percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  Stockton will receive one point under this criterion.  
Accordingly, TAS, Stockton and Regents are each credited with a total of 3 points and will proceed to a 
tie-breaker.
  
184 See EMCs Amended Point Supplement.
185  See Stocktons Point Supplement, Question IV(2) and Exhibit 2.
Federal Communications Commission FCC 07-40 
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86. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations 
prevails.  TAS certified that it has attributable interests in 17 radio authorizations.  Stockton certified that 
it has attributable interests in 19 radio authorizations.  Regents certified that it has attributable interests in
14 radio authorizations. Regents therefore prevails based on this first tie-breaker criterion and is the 
tentative selectee in Group 95072E.  The remaining tie-breaker criterion need not be considered.
87. Group 95076E. This group consists of mutually exclusive applications of American 
Family Association (AFA) and Iowa State University of Science and Technology (Iowa State).  AFA 
and Iowa State both propose to serve Perry, Iowa.   AFA certified that it is not entitled to any points as an 
established local applicant.    Iowa State claimed three points under this criterion.  Neither applicant claim 
points for diversity of ownership or as a statewide network.  With respect to technical parameters, AFAs 
proposed 60 dBu contour would encompass 4,909 square kilometers with a population of 221,798.  Iowa 
States proposed 60 dBu contour would encompass 5,085 square kilometers with a population of 238,102. 
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  Neither applicant in this group qualifies for points under this criterion.    Accordingly, Iowa 
is credited with a total of 3 points and AFA is not credited with any points.  Thus, Iowa State is the 
prevailing tentative selectee in Group 95076E.  A tie-breaker analysis is not necessary.
88. Group 95083E. This group consists of the mutually exclusive applications of Bible 
Broadcasting Network, Inc. (BBN), Calvary Chapel of Honolulu, Inc. (Calvary), and Makaaniana 
Broadcasting Company, Ltd. (MBC).  BBN and Calvary propose to serve Honolulu, Hawaii.  MBC 
proposes to serve Kaneohe, Hawaii.  When applicants propose different communities, the Commission 
must first determine whether one applicant is credited with a dispositive fair distribution preference.  An 
applicant is eligible for a preference if it would provide a new first and/or second service to at least ten 
percent of the population, which must be at least 2,000 people, within its proposed service area.  BBN, 
Calvary, and MBC each certified that it would not qualify for a Section 307(b) preference because it 
would not provide a new first or second service to ten percent of the population within its respective 
service area.   The applications, therefore, proceed to a point hearing.
89. BBN certified that it is not entitled to any points as an established local applicant.  
Calvary and MBC each claimed three points as an established local applicant.  BBN and Calvary each 
certified that it is not entitled to points for diversity of ownership.  MBC claimed 2 points under this 
criterion.  No applicant claimed points as a statewide network.  With respect to technical parameters, 
BBNs proposed 60 dBu contour would encompass 1,590 square kilometers with a population of 876,151.  
Calvarys proposed 60 dBu contour would encompass 1,582 square kilometers with a population of 
876,302.  MBCs proposed 60 dBu contour would encompass 1,284 square kilometers with a population 
of 882,209.  One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential. No applicant in this group qualifies for points under this criterion.    Accordingly, 
MBC is credited with a total of 5 points, Calvary with a total of 3 points, and BBN with no points.  Thus, 
MBC is the prevailing tentative selectee in Group 95083E.  A tie-breaker analysis is not necessary.
90. Group 95095E.  This group consists of mutually exclusive applications of Shofar 
Broadcasting Corporation (Shofar) and Positive Alternative Radio, Inc. (PAR).  Both applicants 
propose to serve Beckley, West Virginia. Shofar and PAR each certifies that it is not entitled to points as 
an established local applicant, for diversity of ownership, or as a statewide network.  With respect to 
technical parameters, Shofars proposed 60 dBu contour would encompass 3,238 square kilometers with a 
population of 137,057.  PARs proposed 60 dBu contour would encompass 2,770 square kilometers with 
a population of 121,717.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Therefore, Shofar will receive one point and PAR will not receive 
Federal Communications Commission FCC 07-40 
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any points under this criterion.  Accordingly, Shofar is credited with a total of 1 point, and PAR is not 
credited with any points.  Thus, Shofar is the prevailing tentative selectee in Group 95095E.  A tie-
breaker analysis is not necessary.
91. Group 951129. This group consists of mutually exclusive applications of Bible Baptist 
Temple d/b/a Baptist Temple School (BTS), American Family Association (AFA), Good News 
Ministries, Inc. (GNMI), and Community Broadcasting, Inc. (CBI).  Each applicant proposes to serve 
St. Joseph, Missouri.  As discussed supra, BTS attempted to show that it qualified for five points, but 
used a self-designed form that did not contain sufficient information to demonstrate that it qualified for 
the points claimed.186 Accordingly, we will not credit BTS with any points and, therefore, will limit our 
discussion of points to the other three applicants.187 GNMI certified that it qualifies for three points as an 
established local applicant.   CBI and AFA each certified that it is not entitled to any points under this 
criterion.  AFA, GNMI, and CBI each certified that it is not entitled to any points for diversity of 
ownership or as a statewide network.  With respect to technical parameters, AFAs proposed 60 dBu 
contour would encompass 6,731 square kilometers with a population of 204,567.  GNMIs proposed 60
dBu contour would encompass 7,246 square kilometers with a population of 208,705.  CBIs proposed 60 
dBu contour would encompass 7,214 square kilometers with a population of 201,523.  One technical 
point is awarded to the applicant that serves at least 10 percent more area and population than the second 
best proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.188 Accordingly, GNMI is credited with a 
total of 3 points.  AFA, CBI, and BTS are not credited with any points.  Thus, GNMI is the prevailing 
tentative selectee in Group 951129.  A tie-breaker analysis is not necessary.
92. Group 960304.  This group consists of the mutually exclusive applications of Life Anew 
Ministries, Inc. d/b/a Life Christian Academy (Life) and Board of Regents, Murray State University 
(MSU).  Both applicants propose to serve Madisonville, Kentucky.  Both Life and MSU claimed three 
points as established local applicants and two points for diversity of ownership.  Neither applicant 
claimed points as a statewide network.  With respect to technical parameters, Lifes proposed 60 dBu 
contour would encompass 2,941 square kilometers with a population of 69,308.  MSUs proposed 60 dBu 
contour would encompass 973 square kilometers with a population of 36,927.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  Life will 
receive two points under this criterion.  Accordingly, Life is credited with a total of 7 points and MSU is 
credited with a total of 5 points.  Thus, Life is the prevailing tentative selectee in Group 960304.  A tie-
breaker analysis is not necessary.
93. Group 960813.  This group consists of American Family Association (AFA) and 
University of Northern Iowa (UNI).  AFA proposes to serve Kewanee, Illinois, and UNI proposes to 
serve Bettendorf, Iowa.  When applicants propose different communities, the Commission must first 
determine whether one applicant is credited with a dispositive fair distribution preference.  An applicant is 
eligible for a preference if it would provide a new first and/or second service to at least ten percent of the 
population, which must be at least 2,000 people, within its proposed service area.  AFA and UNI each 
certified that it would not qualify for a Section 307(b) preference because it would not provide a new first 
or second service to ten percent of the population within its respective service area.   The applications, 
therefore, proceed to a point hearing.
  
186  See supra,  53.
187  Id.
188 For purpose of this determination, we compared GNMIs best technical proposal to the next best area of CBI 
and the next best population of AFA.  See supra,  50 - 51.
 
Federal Communications Commission FCC 07-40 
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94. AFA certified that it is not entitled to any points as an established local applicant.  UNI 
claims three points under this criterion.  AFA does not claim points for diversity of ownership. UNI 
certifies that it qualifies for two points under this criterion.  Neither applicant claims points as a statewide 
network. With respect to technical parameters, AFAs proposed 60 dBu contour would encompass 756 
square kilometers with a population of 325,303.  UNIs proposed 60 dBu contour would encompass 5,916 
square kilometers with a population of 343,383.  One technical point is awarded to the applicant that 
serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential.  No applicant in this group qualifies 
for points under this criterion.    Accordingly, UNI is credited with a total of 5 points and AFA is not 
credited with any points.  Thus, UNI is the prevailing tentative selectee in Group 960813.  A tie-breaker 
analysis in not necessary.
95. Group 96086E.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Bible Broadcasting Network, Inc. (BBN).  Both applicants propose to 
serve the community of Fayetteville, North Carolina.  AFA and BBN certified that they were not entitled 
to any points as an established local applicant and, therefore, will receive no localism points.  BBN 
claimed two points for diversity of ownership.  AFA certified that it is not entitled to any points for that 
criterion.  AFA and BBN each certified that it does not qualify for points as a statewide network.  With 
respect to technical parameters, AFAs proposed 60 dBu contour would encompass 2,410 square 
kilometers with a population of 260,087.  BBNs proposed 60 dBu contour would encompass 493 square 
kilometers with a population of 198,551.  One technical point is awarded to the applicant that serves at 
least 10 percent more area and population than the second best proposal.  Two points are awarded under 
this criterion on the basis of a 25 percent differential.  Thus, AFA will receive 2 points and BBN will not 
receive any points under this criterion.  Accordingly, AFA and BBN are each credited with a total of 2 
points.  AFA and BBN will proceed to a tie-breaker.
96. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations 
prevails.  AFA certified that it has attributable interests in 227 radio authorizations.  BBN certifies that it 
has attributable interests in 144 radio authorizations.  BBN therefore prevails based on this first tie-
breaker criterion and is the tentative selectee in Group 96086E.  The remaining tie-breaker criteria need 
not be considered.
97. Group 960908.  This group consists of the Holy Family Communication, Inc. (HFC) 
and Mary V. Harris Foundation (Harris).  HFC proposes to serve Lancaster, New York.  Harris 
proposes to serve Williamsville, New York.  When applicants propose different communities, the 
Commission must first determine whether one applicant is credited with a dispositive fair distribution 
preference.  An applicant is eligible for a preference if it would provide a new first and/or second service 
to at least ten percent of the population, which must be at least 2,000 people, within its proposed service 
area.  HFC and Harris each certified that it would not qualify for a Section 307(b) preference because it 
would not provide a new first or second service to ten percent of the population within its respective 
service area.   The applications, therefore, proceed to a point hearing.
98. HFC claimed three points as an established local applicant.  Harris certified that it is not 
entitled to any points as an established local applicant.    HFC and Harris each certified that it is entitled to 
two points for diversity of ownership and not entitled to any points as a statewide network.  With respect 
to technical parameters, HFCs proposed 60 dBu contour would encompass 228 square kilometers with a 
population of 93,427.  Harriss proposed 60 dBu contour would encompass 204 square kilometers with a 
population of 300,673.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  No applicant in this group qualifies for points under this criterion.    
Federal Communications Commission FCC 07-40 
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Accordingly, HFC is credited with a total of 5 points, and Harris with a total of 2 points.  Thus, HFC is 
the prevailing tentative selectee in Group 960908E.  A tie-breaker analysis is not necessary.
99. Group 960911.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Okaloosa Public Radio, Inc. (OPR).  AFA proposes to serve Cairo, 
Georgia, and OPR proposes to serve Quincy, Florida.  When applicants propose different communities, 
the Commission must first determine whether one applicant is credited with a dispositive fair distribution 
preference.  An applicant is eligible for a preference if it would provide a new first and/or second service 
to at least ten percent of the population, which must be at least 2,000 people, within its proposed service 
area.  AFA and OPR each claim a preference on this basis.  Neither applicant asserts that it is entitled to a 
first service preference. Accordingly, we consider whether AFA or OPR would provide a combined first 
and second NCE service to 5,000 more persons than the other applicant.  AFA would provide a combined 
first and second service to 23,569 people (0 first service plus 23,569 second service).  OPR would provide 
a combined first and second service to 20,242 people (3,042 first service plus 17,200 second service).  
Neither applicant proposes to serve at least 5,000 more people than the other.  The applications, therefore, 
proceed to a point hearing.
100. Each applicant certified that it is not entitled to any points as an established local 
applicant.    OPR claimed two points for local diversity of ownership.  AFA certified that it is not entitled 
to any points under this criterion.  Neither applicant claims points as a statewide network.  With respect to 
technical parameters, AFAs proposed 60 dBu contour would encompass 3,184 square kilometers with a 
population of 128,865.  OPRs proposed 60 dBu contour would encompass 3,988 square kilometers with 
a population of 120,956.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Neither applicant in this group qualifies for points under this 
criterion.    Accordingly, OPR is credited with a total of 2 points and AFA is not credited with any points.  
Thus, OPR is the prevailing tentative selectee in Group 960911.  A tie-breaker analysis is not necessary.
101. Group 961010.  This group consists of mutually exclusive applications of The Love Station, 
Inc. (Love), Educational Media Foundation (EMF), American Family Association (AFA), and 
Community Broadcasting, Inc. (CBI). Love and CBI propose to serve Piedmont, Oklahoma.  EMF 
proposes to serve Yukon, Oklahoma.  AFA proposes to serve El Reno, Oklahoma.  When applicants 
propose different communities, the Commission must first determine whether one applicant is credited 
with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would provide 
a new first and/or second service to at least ten percent of the population, which must be at least 2,000 
people, within its proposed service area.  Love, EMF, AFA, and CBI each claims a preference on this 
basis.   A full Section 307(b) analysis of this group appears in Section III(B) supra.  As discussed therein,
CBI was eliminated based on first service, and the remaining applicants (Love, EMF, and AFA) would 
provide first and second NCE services that are comparable to each other in terms of area and 
population.189 Love, EMF, and AFA, therefore, proceed to a point hearing.
102. Love, EMF, and AFA each certified that it is not entitled to any points as an established 
local applicant.  Love and EMF each claims two points for diversity of ownership.  AFA certified that it is 
not entitled to any points under this criterion. None of the applicants claimed points as a statewide 
network.  With respect to technical parameters, Loves proposed 60 dBu contour encompasses 8,431 
square kilometers with a population of 158,850.  EMFs proposed 60 dBu contour encompasses 7,293 
square kilometers with a population of 105,383.  AFAs proposed 60 dBu contour encompasses 7,792 
square kilometers with a population of 150,078.  One technical point is awarded to the applicant that 
serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential.  No applicant in this group qualifies 
  
189  See supra,  23.
Federal Communications Commission FCC 07-40 
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for points under this criterion.    Accordingly, Love and EMF are each credited with a total of 2 points, 
and AFA is not credited with any points.  AFA is thus eliminated from further consideration.  Love and 
EMF will proceed to the tie-breaker.
103. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
station authorizations attributable to each applicant.  The applicant with the fewest authorizations  
prevails.  EMF certified that it has attributable interests in 538 radio authorizations.  Love certified that it 
has attributable interests in seven radio authorizations.  Love therefore prevails based on this first tie-
breaker criterion and is the tentative selectee in Group 961010.  The remaining tie-breaker criterion need 
not be considered.
104.  Group 961011.  This group consists of mutually exclusive applications of American 
Family Association (AFA) and University of Northern Iowa (UNI).  Each applicant proposes to serve 
Fairfield, Iowa.  UNI certified that it qualifies for three points as an established local applicant.   AFA 
certified that it is not entitled to any points under this criterion.  UNI and AFA each certified that it is not 
entitled to any points for diversity of ownership or as a statewide network.  With respect to technical 
parameters, AFAs proposed 60 dBu contour would encompass 239 square kilometers with a population 
of 11,819. UNIs proposed 60 dBu contour would encompass 498 square kilometers with a population of 
12,885. One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  No applicant in this group qualifies for points under this criterion.    Accordingly, 
UNI is credited with a total of 3 points and AFA is not credited with any points.  Thus, UNI is the 
prevailing tentative selectee in Group 961011.  A tie-breaker analysis is not necessary.
105.  Group 961121.  This group consists of the mutually exclusive applications of 
Community Public Radio, Inc. (CPRI), Augusta Radio Fellowship Institute (Augusta), and Life 
Radio Ministries, Inc. (Life).  Each applicant proposes to serve Peachtree City, Georgia.  Life certified 
that it qualifies for three points as an established local applicant.   CPRI and Augusta each certified that it 
is not entitled to any points under this criterion.  Augusta and Life each claimed two points for diversity 
of ownership.  CPRI certified that it is not entitled to any points under this criterion.  None of the 
applicants claim points as a statewide network.  With respect to technical parameters, CPRIs proposed 60 
dBu contour would encompass 2,215 square kilometers with a population of 180,902. Augustas proposed 
60 dBu contour would encompass 1,339 square kilometers with a population of 86,656.  Lifes proposed 
60 dBu contour would encompass 2,205 square kilometers with a population of 182,797. One technical 
point is awarded to the applicant that serves at least 10 percent more area and population than the second 
best proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.    Accordingly, Life is credited with a total 
of 5 points, Augusta is credited with a total of 2 points, and CPRI is not credited with any points.  Thus, 
Life is the prevailing tentative selectee in Group 961121.  A tie-breaker analysis is not necessary.
106.  Group 970111.  This group consists of mutually exclusive applications of American 
Family Association (AFA) and University of Northern Iowa (UNI).  Each applicant proposes to serve 
Ottumwa, Iowa.  UNI certified that it qualifies for three points as an established local applicant.   AFA 
certified that it is not entitled to any points under this criterion.  AFA claimed two points for diversity of 
ownership.  UNI certified that it is not entitled to any points under this criterion.  UNI and AFA each 
certified that it is not entitled to any points as a statewide network.  With respect to technical parameters, 
AFAs proposed 60 dBu contour would encompass 208 square kilometers with a population of 28,764. 
UNIs proposed 60 dBu contour would encompass 769 square kilometers with a population of 33,736. 
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  UNI qualifies for one point and AFA does not qualify for any points under this criterion.  
Accordingly, UNI is credited with a total of 4 points, and AFA is credited with 2 points.  Thus, UNI is the 
prevailing tentative selectee in Group 970111.  A tie-breaker analysis is not necessary.
Federal Communications Commission FCC 07-40 
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107. Group 970113.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Great Commission Broadcasting Corp. (GCBC). Both applicants 
propose to serve the community of Kirksville, Missouri.  AFA and GCBC each certified that it is not 
entitled to any points as an established local applicant, for diversity of ownership, or as a statewide 
network.  With respect to technical parameters, AFAs proposed 60 dBu contour would encompass 1,515 
square kilometers with a population of 24,085.  GCBCs proposed 60 dBu contour would encompass 994 
square kilometers with a population of 23,391.  One technical point is awarded to the applicant that serves 
at least 10 percent more area and population than the second best proposal.  Two points are awarded 
under this criterion on the basis of a 25 percent differential.  No applicant in this group qualifies for points 
under this criterion.    Accordingly, PAR and AFA are not credited with any points.   Both applications 
will proceed to a tie-breaker.
108. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  AFA 
certifies that it has attributable interests in 227 radio authorizations.  GCBC certifies that it has 
attributable interests in 1 radio authorization.  GCBC prevails based on this first tie-breaker criterion and 
is the tentative selectee in Group 970113.  The remaining tie-breaker criterion need not be considered.
109.  Group 970209.  This group consists of mutually exclusive applications of WSKG 
Public Telecommunications Council (WSKG) and The Colleges of the Seneca (Seneca).  Each 
applicant proposes to serve Ithaca, New York.  Each applicant certified that it is not entitled to any points 
as an established local applicant.  Seneca claimed two points for diversity of ownership.  WSKG certified 
that it is not entitled to any points under this criterion.  WSKG and Seneca each certified that it is not 
entitled to any points as a statewide network.  With respect to technical parameters, WSKGs proposed 60 
dBu contour would encompass 1,163 square kilometers with a population of 85,712. Senecas proposed 
60 dBu contour would encompass 762 square kilometers with a population of 78,845. One technical point 
is awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  Neither 
applicant qualifies for any points under this criterion.    Accordingly, Seneca is credited with a total of 2 
points and WSKG is not credited with any points.  Thus, Seneca is the prevailing tentative selectee in 
Group 970209.  A tie-breaker analysis is not necessary.
110. Group 970310.   This group consists of the mutually exclusive applications of Baldwin-
Wallace College (BWC) and La Cadena Mundial Hispana, Inc. (La Cadena). BWC proposes a minor 
modification to the facilities of WBWC(FM),  Berea, Ohio.  La Cadena proposes to construct a new NCE 
station to serve Painesville, Ohio.  When applicants propose different communities, the Commission must 
first determine whether one applicant is credited with a dispositive fair distribution preference.  An 
applicant is eligible for a preference if it would provide a new first and/or second service to at least ten 
percent of the population, which must be at least 2,000 people, within its proposed service area.  BWC 
and La Cadena each certified that it would not qualify for a Section 307(b) preference because it would 
not provide a new first or second service to ten percent of the population within its respective service 
area.   The applications, therefore, proceed to a point hearing.
111. BWC and La Cadena each certified that it is entitled to three points as an established 
local applicant.    BWC certified that it is not entitled to points for diversity of ownership.  La Cadena 
claimed two points under this criterion.  No applicant claimed points as a statewide network.  With 
respect to technical parameters, the new area covered by BWCs modified 60 dBu contour would 
encompass 173 square kilometers with a population of 365,811.  La Cadenas proposed 60 dBu contour 
would encompass 340 square kilometers with a population of 123,097.  One technical point is awarded to 
the applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  No applicant in this group 
qualifies for points under this criterion.    Accordingly, BWC is credited with a total of 3 points and La 
Federal Communications Commission FCC 07-40 
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Cadena is credited with a total of 5 points.  Thus, La Cadena is the prevailing tentative selectee in Group 
970310.  A tie-breaker analysis is not necessary.
112. Group 970312.  This group consists of the mutually exclusive applications of Lincoln 
High School (Lincoln), State of Wisconsin, Educational Communications Board (Wisconsin), and 
American Family Association (AFA).  Lincoln proposes to serve Esko, Minnesota.  Wisconsin 
proposes to serve Superior, Wisconsin.  AFA proposes to serve Wentworth, Wisconsin.  When applicants 
propose different communities, the Commission must first determine whether one applicant is credited 
with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would provide 
a new first and/or second service to at least ten percent of the population, which must be at least 2,000 
people, within its proposed service area.  Lincoln, Wisconsin, and AFA each certified that it would not 
qualify for a Section 307(b) preference because it would not provide a new first or second service to ten 
percent of the population within its respective service area.   The applications, therefore, proceed to a 
point hearing.
113. Lincoln and Wisconsin each claimed three points as an established local applicant.  AFA 
certified that it is not entitled to any points as an established local applicant.    Lincoln and AFA each 
claimed two points for local diversity of ownership.  Wisconsin certified that it is not entitled to any 
points under this criterion.  Wisconsin claimed two points as a statewide network.  Lincoln and AFA 
certified that they are not entitled to any points under this criterion.  With respect to technical parameters, 
Lincolns proposed 60 dBu contour would encompass 211 square kilometers with a population of 6,985.  
Wisconsins proposed 60 dBu contour would encompass 1,186 square kilometers with a population of 
12,719.  AFAs proposed 60 dBu contour would encompass 4,980 square kilometers with a population of 
171,375.  One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  AFA qualifies for two points and the other applicants do not qualify for any points 
under this criterion.    Accordingly, Lincoln and Wisconsin are each credited with a total of 5 points and 
AFA is credited with 4 points.  Thus, AFA is eliminated on the basis of points.  Lincoln and Wisconsin 
will proceed to a tie-breaker.  
114. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to the applicants.  The applicant with the fewest authorizations prevails.  
Lincoln certifies that it has no attributable interests in any radio authorizations.  Wisconsin certifies that it 
has attributable interests in 16 radio authorizations.  Lincoln prevails based on this first tie-breaker 
criterion and is the tentative selectee in Group 970312.  The remaining tie-breaker criterion need not be 
considered.
115. Group 970514.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Southwest Allen County Schools (Schools).  AFA proposes to 
construct a new NCE station to serve New Haven, Indiana.  Schools proposes a modification to its 
licensed station WCYT(FM), Lafayette Township, Indiana.  When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  AFA and Schools each certified that it would not qualify for a Section 307(b) 
preference because it would not provide a new first or second service to ten percent of the population 
within its respective service area.   The applications, therefore, proceed to a point hearing.
116. Schools claimed three points as an established local applicant.  AFA certified that it is not 
entitled to any points as an established local applicant.    Schools and AFA each claimed two points for 
local diversity of ownership.  No applicant claimed points as a statewide network.  With respect to 
technical parameters, AFAs proposed 60 dBu contour would encompass 340 square kilometers with a 
population of 84,385.  The new area within Schools modified 60 dBu contour would encompass 174 
Federal Communications Commission FCC 07-40 
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square kilometers with a population of 42,961.  One technical point is awarded to the applicant that serves 
at least 10 percent more area and population than the second best proposal.  Two points are awarded 
under this criterion on the basis of a 25 percent differential.  AFA qualifies for two points and Schools 
does not qualify for any points under this criterion.    Accordingly, AFA is credited with a total of 4 points 
and Schools is credited with a total of 5 points.  Thus, Schools is the prevailing tentative selectee in 
Group 970514.  A tie-breaker analysis is not necessary.
117.  Group 970520.  This group consists of mutually exclusive applications of American 
Family Association (AFA), Florida Public Radio, Inc. (FPR), and University of Northern Iowa 
(UNI).  AFA and UNI propose to serve Marion, Iowa.  FPR proposes to serve Center Point, Iowa.  
When applicants propose different communities, the Commission must first determine whether one 
applicant is credited with a dispositive fair distribution preference.  An applicant is eligible for a 
preference if it would provide a new first and/or second service to at least ten percent of the population, 
which must be at least 2,000 people, within its proposed service area.  AFA, FPR, and UNI each certified 
that it would not qualify for a Section 307(b) preference because it would not provide a new first or 
second service to ten percent of the population within its respective service area.   The applications, 
therefore, proceed to a point hearing.
118. UNI certified that it qualifies for three points as an established local applicant.   AFA and 
FPR each certified that it is not entitled to any points under this criterion.  AFA and FPR each claimed 
two points for diversity of ownership.  UNI certified that it is not entitled to any points under this 
criterion.  No applicant claims points as a statewide network.  With respect to technical parameters, 
AFAs proposed 60 dBu contour would encompass 1,099 square kilometers with a population of 109,812. 
FPRs proposed 60 dBu contour would encompass 1,351 square kilometers with a population of 144,976.  
UNIs proposed 60 dBu contour would encompass 691 square kilometers with a population of 136,947. 
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  No applicant in this group qualifies for points under this criterion.    Accordingly, AFA and 
FPR are each credited with a total of 2 points.  UNI is credited with a total of 3 points.  Thus, UNI is the 
prevailing tentative selectee in Group 970520.  A tie-breaker analysis is not necessary.
119. Group 970630.  This group consists of the mutually exclusive applications of Pinebrook 
Foundation, Inc. (PFI), American Family Association (AFA), and Sirius Syncope, Inc. (SSI).  All  
applicants propose to serve Peoria, Illinois.  PFI and SSI claimed three points as established local 
applicants.  AFA certified that it is not entitled to any points under this criterion.  AFA and SSI claimed 
two points for diversity of ownership.  PFI certified that it is not entitled to any points under this criterion.  
No applicant claimed points as a statewide network.  With respect to technical parameters, PFIs proposed 
60 dBu contour would encompass 541 square kilometers with a population of 128,006.  AFAs proposed 
60 dBu contour would encompass 486 square kilometers with a population of 172,816.  SSIs proposed 
60 dBu contour would encompass 706 square kilometers with a population of 163,199.  One technical 
point is awarded to the applicant that serves at least 10 percent more area and population than the second 
best proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.    Accordingly, PFI is credited with a total 
of 3 points, AFA with a total of 2 points, and SSI with a total of 5 points.  Thus, SSI is the prevailing 
tentative selectee in Group 960630.  A tie-breaker analysis is not necessary.
120. Group 970631.  This group consists of mutually exclusive applications of St. Gabriel 
Communications, Ltd. (St. Gabriel) and American Family Association (AFA).  St. Gabriel proposes 
to serve Ponca, Nebraska.  AFA proposes to serve Hubbard, Nebraska.  When applicants propose 
different communities, the Commission must first determine whether one applicant is credited with a 
dispositive fair distribution preference.  An applicant is eligible for a preference if it would provide a new 
first and/or second service to at least ten percent of the population, which must be at least 2,000 people, 
within its proposed service area.  St. Gabriel and AFA each certified that it would not qualify for a 
Federal Communications Commission FCC 07-40 
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Section 307(b) preference because it would not provide a new first or second service to ten percent of the 
population within its respective service area.   The applications, therefore, proceed to a point hearing.
121. St. Gabriel certified that it qualifies for three points as an established local applicant.  
AFA certified that it is not entitled to any points under this criterion.  St. Gabriel claimed two points for 
diversity of ownership.  AFA certified that it is not entitled to any points under this criterion.  No 
applicant claimed points as a statewide network.  With respect to technical parameters, St. Gabriels 
proposed 60 dBu contour would encompass 2,620 square kilometers with a population of 127,774.  
AFAs proposed 60 dBu contour would encompass 1,699 square kilometers with a population of 123,586.  
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  No applicant in this group qualifies for points under this criterion.    Accordingly, St. Gabriel 
is credited with a total of 5 points and AFA is not credited with any points.  Thus, St. Gabriel is the 
prevailing tentative selectee in Group 970631.  A tie-breaker analysis is not necessary.
122. Group 970726.  This group consists of the mutually exclusive applications of JPI Radio, 
Inc. (JPI), CSN International (CSN), and Mary V. Harris Foundation (Harris).  All applicants 
propose to serve the community of Strasburg, Colorado.  JPI, CSN, and Harris each certified that it is not 
entitled to any points as an established local applicant or as a statewide network, but that it is qualified to 
receive two points for diversity of ownership.  With respect to technical parameters, JPIs proposed 60 
dBu contour would encompass 4,813 square kilometers with a population of 10,331.  CSNs proposed 60 
dBu contour would encompass 4,706 square kilometers with a population of 20,827.  Harriss proposed 
60 dBu contour would encompass 4,697 square kilometers with a population of 10,141.  One technical 
point is awarded to the applicant that serves at least 10 percent more area and population than the second 
best proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.    Accordingly, JPI, CSN, and Harris are 
credited with a total of 2 points each.   All applications will proceed to a tie-breaker.
123. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  JPI 
certifies that it has attributable interests in 8 radio authorizations.  CSN certifies that it has attributable 
interests in 572 radio authorizations.  Harris certifies that it has attributable interests in 3 radio 
authorizations.  Harris prevails based on this first tie-breaker criterion and is the tentative selectee in 
Group 970726.  The remaining tie-breaker criterion need not be considered.
124. Group 970730.  This group consists of the mutually exclusive applications of Moody 
Bible Institute of Chicago (Moody) and American Family Association (AFA).  Both applicants 
propose to serve the community of Missoula, Montana.  Moody and AFA each certified that it is not 
entitled to any points as an established local applicant or as a statewide network.  Both claimed two points 
for local diversity of ownership.  With respect to technical parameters, Moodys proposed 60 dBu contour 
would encompass 6,423 square kilometers with a population of 108,798.  AFAs proposed 60 dBu 
contour would encompass 5,269 square kilometers with a population of 106,123.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.  Accordingly, Moody and AFA are 
credited with a total of 2 points each.   Both applications will proceed to a tie-breaker.
125. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  
Moody certifies that it has attributable interests in 55 radio authorizations.  AFA certifies that it has 
attributable interests in 227 radio authorization.  Moody prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 970730.  The remaining tie-breaker criterion need not be considered.
Federal Communications Commission FCC 07-40 
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126. Group 970738.  This group consists of the mutually exclusive applications of Public 
Broadcasting of Colorado, Inc. (PBC) and Denver Educational Broadcasting, Inc. (DEB).  Both 
applicants propose to serve the community of Vail, Colorado.  PBC and DEB each certified that it is not 
entitled to any points as an established local applicant, for local diversity of ownership, or as a statewide 
network.  DEB later sought to amend its submission to claim two points for local diversity of ownership, 
but as discussed supra, we have rejected DEBs claim.190  With respect to technical parameters, PBCs 
proposed 60 dBu contour would encompass 1,850 square kilometers with a population of 17,278.191  
DEBs proposed 60 dBu contour would encompass 1,918 square kilometers with a population of 33,701.  
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  No applicant in this group qualifies for points under this criterion.    Accordingly, neither 
PBC nor DEB is credited with any points.  Both applications will proceed to a tie-breaker.
127. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  PBC 
certifies that it has attributable interests in 21 radio authorizations.  DEB certifies that it has an 
attributable interest in 1 radio authorization.  DEB prevails based on this first tie-breaker criterion and is 
the tentative selectee in Group 970738.  The remaining tie-breaker criterion need not be considered.
128. Group 970815.  This group consists of the mutually exclusive applications of Okaloosa 
Public Radio (Okaloosa) and American Family Association (AFA).  Both applicants propose to serve 
the community of Monroeville, Alabama.  Okaloosa and AFA each certified that it is not entitled to any 
points as an established local applicant.  Okaloosa claimed two points for local diversity of ownership.  
AFA certified that it is not entitled to any points under this criterion.  Neither applicant claims points as a 
statewide network.  With respect to technical parameters, Okaloosas proposed 60 dBu contour would 
encompass 5,785 square kilometers with a population of 48,159.  AFAs proposed 60 dBu contour would 
encompass 6,475 square kilometers with a population of 68,445. One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  AFA qualifies for one 
point and Okaloosa does not qualify for any points under this criterion.    Accordingly, Okaloosa is 
credited with a total of 2 points and AFA is credited with a total of 1 point.  Thus, Okaloosa is the 
prevailing tentative selectee in Group 970815.  A tie-breaker analysis is not necessary.
129. Group 970823.  This group originally consisted of the mutually exclusive applications of 
American Family Association (AFA), Spokane Public Radio (SPR), and Mary V. Harris Foundation 
(Harris).  As discussed supra, Harris application has been dismissed for failure to file a timely point 
supplement.192 Therefore, our point system analysis is limited to AFA and SPR   AFA proposes to serve 
the community of Rathdrum, Idaho.  SPR proposes to serve Spokane, Washington.  When applicants 
propose different communities, the Commission must first determine whether one applicant is credited 
with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would provide 
a new first and/or second service to at least ten percent of the population, which must be at least 2,000 
people, within its proposed service area.  AFA and SPR each certified that it would not qualify for a 
Section 307(b) preference because it would not provide a new first or second service to ten percent of the 
population within its respective service area.   The applications, therefore, proceed to a point hearing.
  
190  See supra  42-43.
191 As discussed supra at note 115, we will not accept PBCs attempt to claim service to a larger population based 
on  census information that became available to it after the snapshot date.
192  See supra Section  15-16.
Federal Communications Commission FCC 07-40 
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130. SPR certified that it is eligible for three points as an established local applicant.  AFA
certified that it is not entitled to any points under this criterion.  AFA claimed two points for local 
diversity of ownership.  SPR certified that it is not entitled to any points under this criterion.  No applicant 
claimed points as a statewide network.  With respect to technical parameters, AFAs proposed 60 dBu 
contour would encompass 2,813 square kilometers with a population of 466,668.  SPRs proposed 60 dBu 
contour would encompass 2,525 square kilometers with a population of 368,732.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  AFA 
qualifies for one point under this criterion.    Accordingly, AFA and SPR are each credited with a total of 
3 points.  Both applications will proceed to a tie-breaker.
131. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  AFA 
certifies that it has attributable interests in 227 radio authorizations.  SPR certifies that it has attributable 
interests in 9 radio authorizations.  SPR prevails based on this first tie-breaker criterion and is the 
tentative selectee in Group 970823.  The remaining tie-breaker criterion need not be considered.
132. Group 970928.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Empire Broadcasting, Inc. (Empire).  Both applicants propose to 
serve the community of Buras, Louisiana.  AFA and Empire each certified that it is not entitled to any 
points as an established local applicant.  Empire claimed two points for local diversity of ownership.  
AFA certified that it is not entitled to any points under this criterion.  Neither applicant claimed points as 
a statewide network.  With respect to technical parameters, AFAs proposed 60 dBu contour would 
encompass 670 square kilometers with a population of 7,850.  Empires proposed 60 dBu contour would 
encompass 862 square kilometers with a population of 9,099.  One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  Empire qualifies for one 
point under this criterion.    Accordingly, Empire is credited with a total of 3 points and AFA is not 
credited with any points.  Thus, Empire is the prevailing tentative selectee in Group 970928.  A tie-
breaker analysis is not necessary.
133. Group 97091E.  This group consists of mutually exclusive applications of Upper 
Columbia Media Association (UCMA) and Living Faith Fellowship Educational Ministries (LFF).  
UCMA proposes to serve Clarkston, Washington.  LFF proposes to serve Asotin, Washington.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  UCMA and LFF each certified that it would not qualify 
for a Section 307(b) preference because it would not provide a new first or second service to ten percent 
of the population within its respective service area.   The applications, therefore, proceed to a point 
hearing.
134. UCMA certified that it qualifies for three points as an established local applicant based 
on the qualifications of a related company.  As discussed supra, we have determined that UCMA does not 
meet the exact definition of established local applicant and, therefore, that it will receive no points under 
this criterion.193 LFF certified that it is not entitled to any points under this criterion.  UCMA and LFF 
claimed two points each for diversity of ownership.  No applicant claimed points as a statewide network.  
With respect to technical parameters, UCMAs proposed 60 dBu contour would encompass 767 square 
kilometers with a population of 52,256.  LFFs proposed 60 dBu contour would encompass 187 square 
kilometers with a population of 30,079.  One technical point is awarded to the applicant that serves at
  
193  See supra  38 -39.
Federal Communications Commission FCC 07-40 
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least 10 percent more area and population than the second best proposal.  Two points are awarded under 
this criterion on the basis of a 25 percent differential.  UCMA qualifies for two points under this criterion.    
Accordingly, UCMA is credited with a total of 4 points.  LFF is credited with a total of 2 points.  Thus, 
UCMA is the prevailing tentative selectee in Group 97091E.  A tie-breaker analysis is not necessary.194
135. Group 971015.  This group consists of the mutually exclusive applications of American
Family Association (AFA) and Marshalltown Education Plus, Inc. (MEP).  Both applicants propose 
to serve the community of Marshalltown, Iowa.  MEP certified that it is eligible for three points as an 
established local applicant.  AFA certified that it is not entitled to any points under this criterion. AFA 
claimed two points for local diversity of ownership.  MEP certified that it is not entitled to any points 
under this criterion.  Neither applicant claims points as a statewide network.  With respect to technical 
parameters, AFAs proposed 60 dBu contour would encompass 415 square kilometers with a population 
of 30,232.  MEPs proposed 60 dBu contour would encompass 1,041 square kilometers with a population 
of 34,832.  One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  MEP qualifies for one point under this criterion.    Accordingly, AFA is credited 
with a total of 2 points and MEP is credited with a total of 4 points.  Thus, MEP is the prevailing tentative 
selectee in Group 971015.  A tie-breaker analysis is not necessary.
136. Group 971019.  This group consists of the mutually exclusive applications of American 
Family Association (AFA), Family Stations, Inc. (FSI), and Temple University of the 
Commonwealth of Pennsylvania (Temple).  Each applicant propose to serve the community of 
Coatesville, Pennsylvania.  Temple certified that it is eligible for three points as an established local 
applicant.  AFA and FSI each certified that it is not entitled to any points under this criterion.  FSI and 
Temple claimed two points each for local diversity of ownership.  AFA certified that it is not entitled to 
any points under this criterion.  No applicant claimed points as a statewide network.  With respect to 
technical parameters, AFAs proposed 60 dBu contour would encompass 334 square kilometers with a 
population of 90,040.  FSIs proposed 60 dBu contour would encompass 280 square kilometers with a 
population of 81,615.  Temples proposed 60 dBu contour would encompass 596 square kilometers with a 
population of 131,789.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Temple qualifies for two points and the other applicants do not 
qualify for any points under this criterion.    Accordingly, Temple is credited with a total of 7 points.  FSI 
is credited with a total of 2 points.  AFA is not credited with any points.  Thus, Temple is the prevailing 
tentative selectee in Group 971019.  A tie-breaker analysis is not necessary.
137. Group 980111.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Minn-Iowa Christian Broadcasting Foundation (MICB).  Both 
applicants propose to serve the community of New Ulm, Minnesota.  AFA and MICB each certified that 
it is not entitled to any points as an established local applicant or as a statewide network.  Both claimed 
two points for local diversity of ownership.  With respect to technical parameters, AFAs proposed 60 
dBu contour would encompass 262 square kilometers with a population of 16,334.  MICBs proposed 60 
dBu contour would encompass 369 square kilometers with a population of 16,905.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  No 
applicant in this group qualifies for points under this criterion.  Accordingly, AFA and MICB are credited 
with a total of 2 points each.   Both applications will proceed to a tie-breaker.
  
194 As discussed previously, UCMs waiver request concerning tie-breakers thus need not be considered. See supra 
at note 32.
Federal Communications Commission FCC 07-40 
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138. The first issue considered in a tie-breaker for NCE FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  
MICB certifies that it has attributable interests in 4 radio authorizations.  AFA certifies that it has 
attributable interests in 227 radio authorization.  MICB prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 980111.  The remaining tie-breaker criteria need not be considered.
139. Group 980301.   This group originally consisted of the applications of Richland Center 
Fellowship (RCF) and State of Wisconsin Educational Communications Board (WECB). As 
discussed supra, the staff dismissed RCFs application for failure to file a timely point supplement, and 
we have affirmed that action on review.195  Accordingly, a point system analysis is not necessary.  
WECB, the sole remaining applicant, can be processed as a singleton.
140. Group 98033P.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Radio Training Network, Inc. (RTN).  Both applicants propose to 
serve the community of Hickory, North Carolina.  AFA and RTN each certified that it is not entitled to 
any points as an established local applicant or as a statewide network.  Both claimed two points for local 
diversity of ownership.  With respect to technical parameters, AFAs proposed 60 dBu contour would 
encompass 518 square kilometers with a population of 106,232.  RTNs proposed 60 dBu contour would 
encompass 345 square kilometers with a population of 91,647.  One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  AFA qualifies for one 
point under this criterion.    Accordingly, AFA is credited with a total of 3 points and RTN is credited 
with a total of 2 points.  Thus, AFA is the prevailing tentative selectee in Group 98033P.  A tie-breaker 
analysis is not necessary.
141. Group 9803HL.  This group consists of the mutually exclusive applications of Coos Bay 
School District 9 (CBSD) and Family Stations, Inc. (FSI). Both applicants propose to serve Coos 
Bay, Oregon.  CBSD claimed three points as an established local applicant.  FSI certified that it is not 
entitled to any points under this criterion.   FSI claimed two points for diversity of ownership based on a 
pledge to request cancellation of its license for translator station K219CK, Coos Bay, Oregon upon the 
commencement of operation of the proposed full service station.196 PFI certified that it is not entitled to 
any points under this criterion.   No applicant claimed points as a statewide network.  With respect to 
technical parameters, CBSDs proposed 60 dBu contour would encompass 678 square kilometers with a 
population of 37,889.  FSIs proposed 60 dBu contour would encompass 874 square kilometers with a 
population of 35,461. One technical point is awarded to the applicant that serves at least 10 percent more 
area and population than the second best proposal.  Two points are awarded under this criterion on the 
basis of a 25 percent differential.  Neither applicant in this group qualifies for points under this criterion.    
Accordingly, CBSD is credited with a total of 3 points and FSI is credited with a total of 2 points. Thus, 
CBSD is the prevailing tentative selectee in Group 9803HL.  A tie-breaker analysis is not necessary.
142. Group 980401. This group consists of mutually exclusive applications of American 
Family Association (AFA), Educational Communications of Colorado Springs (ECCS), Colorado 
Christian University (CCU), and University of Wyoming (UW).  Each applicant proposes to serve  
Laramie, Wyoming.  UW certified that it qualifies for three points as an established local applicant.  
AFA, ECCS, and CCU each certified that it is not entitled to any points under this criterion.  AFA and 
ECCS claimed two points each for local diversity of ownership.  CCU and UW each certified that it is not 
entitled to any points under this criterion.  No applicant claimed points as a statewide network.  With 
respect to technical parameters, AFAs proposed 60 dBu contour would encompass 972 square kilometers 
  
195  See supra,  17-20.
196  See FSIs Point Supplement, Question  IV(2)(b) and Exhibit S-1.   See supra,  46.
Federal Communications Commission FCC 07-40 
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with a population of 30,007. ECCSs proposed 60 dBu contour would encompass 973 square kilometers 
with a population of 30,116. CCUs proposed 60 dBu contour would encompass 1,720 square kilometers 
with a population of 30,299.  UWs proposed 60 dBu contour would encompass 1,005 square kilometers 
with a population of 30,007.  One technical point is awarded to the applicant that serves at least 10 
percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  No applicant in this group qualifies for points under this 
criterion.  Accordingly, AFA and ECCS are each credited with a total of 2 points.  CCU is not credited 
with any points.  UW is credited with a total of 3 points.  Thus, UW is the prevailing tentative selectee in 
Group 980401.  A tie-breaker analysis is not necessary.
143. Group 980404.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Cornerstone Baptist Educational Ministries, Inc. (CBEM).  Both 
applicants propose to serve the community of Benton Harbor, Michigan.  AFA and CBEM each certified 
that it is not entitled to any points as an established local applicant, for diversity of ownership, or as a 
statewide network. With respect to technical parameters, AFAs proposed 60 dBu contour would 
encompass 419 square kilometers with a population of 73,839.  CBEMs proposed 60 dBu contour would 
encompass 449 square kilometers with a population of 74,709.  One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential. Neither applicant in this 
group qualifies for points under this criterion.    Accordingly, neither applicant is credited with any points.   
Both applications will proceed to a tie-breaker.
144. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  
CBEM certified that it has attributable interests in 4 radio authorizations.  AFA certified that it has 
attributable interests in 227 radio authorizations.  CBEM prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 980404.  The remaining tie-breaker criteria need not be considered.
145. Group 980415.  This group originally consisted of the mutually exclusive applications of 
Pioneer Public Broadcasting (Pioneer), Selah Corporation (Selah), and Mary V. Harris Foundation 
(Harris).  As discussed supra, Harris application has been dismissed for failure to file a timely point 
supplement.197 Therefore, our point system analysis is limited to Pioneer and Selah.  Pioneer proposes to 
serve the community of Fargo, North Dakota.  Selah proposes to serve Horace, North Dakota.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  Pioneer and Selah each certified that it would not qualify 
for a Section 307(b) preference because it would not provide a new first or second service to ten percent 
of the population within its respective service area.   The applications, therefore, proceed to a point 
hearing.
146. Selah and Pioneer each certified that it is eligible for three points as an established local 
applicant.  However, as discussed supra, we have determined that Pioneer cannot be considered 
established and thus is not entitled to any points under this criterion.198 Pioneer and Selah claimed two 
points each for local diversity of ownership.  No applicant claimed points as a statewide network.  With
respect to technical parameters, Pioneers proposed 60 dBu contour would encompass 2,353 square 
kilometers with a population of 153,432.  Selahs proposed 60 dBu contour would encompass 1,789 
square kilometers with a population of 155,115.  One technical point is awarded to the applicant that 
  
197  See supra  15-16.
198  See supra  40.
Federal Communications Commission FCC 07-40 
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serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential.  Neither applicant qualifies for any 
points under this criterion.    Accordingly, Pioneer is credited with a total of 2 points and Selah is credited 
with a total of 5 points. Thus, Selah is the prevailing tentative selectee in Group 980415.199 A tie-breaker 
analysis is not necessary.
147. Group 98043S.   This group consists of the mutually exclusive applications of American 
Family Association (AFA) and University of Kentucky (UK).  AFA proposes to construct a new 
NCE station to serve Frankfort, Kentucky.  UK proposes a modification to the facilities of WRFL(FM),  
Lexington, Kentucky. When applicants propose different communities, the Commission must first 
determine whether one applicant is credited with a dispositive fair distribution preference.  An applicant is 
eligible for a preference if it would provide a new first and/or second service to at least ten percent of the 
population, which must be at least 2,000 people, within its proposed service area.  AFA and UK each 
certified that it would not qualify for a Section 307(b) preference because it would not provide a new first 
or second service to ten percent of the population within its respective service area.   The applications, 
therefore, proceed to a point hearing.
148. UK certified that it is entitled to 3 points as an established local applicant.    AFA 
certified that it is not entitled to any points under this criterion.  UK certified that it is not entitled to 
points for diversity of ownership.  AFA claimed two points under this criterion.  No applicant claimed 
points as a statewide network.  With respect to technical parameters, the new area covered by UKs
modified 60 dBu contour would encompass 899 square kilometers with a population of 54,233.  AFAs 
proposed 60 dBu contour would encompass 360 square kilometers with a population of 43,565. One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  UK qualifies for one point under this criterion.    Accordingly, AFA is credited with a total 
of 2 points, and UK is credited with a total of 4 points.  Thus, UK is the prevailing tentative selectee in 
Group 98043S.  A tie-breaker analysis is not necessary.
149. Group 980510.   This group consists of the mutually exclusive applications of Central 
Florida Education Foundation, Inc. (Central), CSN International (CSN), and Florida Public Radio, 
Inc. (FPR).  Central proposes a minor modification to the facilities of WPOZ(FM),  Union Park, 
Florida.  CSN and FPR propose to construct a new NCE stations to serve Cape Canaveral, Florida. When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  CSN and FPR each certified that it would not qualify for a 
Section 307(b) preference because it would not provide a new first or second service to ten percent of the 
population within its respective service area.   As discussed supra, Central argued that it should receive a 
Section 307(b) preference although it would not meet the ten percent threshold.  We have denied the 
waiver request.200 The applications, therefore, proceed to a point hearing.
  
199 On November 4, 1999, Forum Communications Company (Forum), licensee of Station WDAY-TV, Fargo, 
North Dakota, filed a Petition to Deny the Selah application.  Forum alleges that Selahs proposal would cause 
interference to WDAY-TV in excess of that permitted by Section 73.525 of the Commissions Rules.  In responsive 
documents, Forum and Selah dispute each others methodology.  These Commission interference requirements are 
not considered at this stage of the proceeding.  We will dismiss Forums petition and the pleadings responding 
thereto, without prejudice to any further submissions the parties may file in response to a public notice identifying 
Selah as a tentative selectee.
200  See supra  28-30.
Federal Communications Commission FCC 07-40 
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150. Central and FPR each certified that it is entitled to three points as an established local 
applicant.    CSN certified that it is not entitled to any points under this criterion.  Central, CSN, and FPR 
each claimed two points certified for diversity of ownership.  No applicant claimed points as a statewide 
network.  With respect to technical parameters, the new area covered by Centrals modified 60 dBu 
contour would encompass 1170 square kilometers with a population of 265,931.  CSNs proposed 60 dBu 
contour would encompass 416 square kilometers with a population of 16,649.  FPRs proposed 60 dBu 
contour would encompass 68 square kilometers with a population of 31,633.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  Central 
qualifies for two points, and neither CSN nor FPR qualifies for any points under this criterion.201  
Accordingly, Central is credited with a total of 7 points.  CSN is credited with a total of 2 points.  FPR is 
credited with a total of 5 points.  Thus, Central is the prevailing tentative selectee in Group 980510.  A 
tie-breaker analysis is not necessary.
151. Group 980605. This group consists of mutually exclusive applications of Salt and Light 
Communications, Inc. (S&L), Iowa State University of Science and Technology (Iowa State), and 
Family Stations, Inc. (FSI).  Each applicant proposes to serve Oskaloosa, Iowa.  Iowa State certified 
that it qualifies for three points as an established local applicant. S&L and FSI each certified that it is not 
entitled to any points under this criterion.  Each applicant claimed two points for local diversity of 
ownership.  No applicant claimed points as a statewide network.  With respect to technical parameters, 
S&Ls proposed 60 dBu contour would encompass 411 square kilometers with a population of 15,459. 
Iowa States proposed 60 dBu contour would encompass 1,190 square kilometers with a population of 
21,654. FSIs proposed 60 dBu contour would encompass 2,792 square kilometers with a population of 
41,618. One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  FSI qualifies for two points under this criterion.  Accordingly, S&L is credited with a 
total of 2 points.  Iowa State is credited with a total of 5 points.  FSI is credited with a total of 4 points. 
Thus, Iowa State is the prevailing tentative selectee in Group 980605.  A tie-breaker analysis is not 
necessary
152. Group 980609.  This group consists of the mutually exclusive applications of 
Community Public Radio, Inc. (CPR) and Family Stations, Inc. (FSI). Both applicants propose to 
serve the community of LaGrange, Georgia.  CPR and FSI each certified that it is not entitled to any 
points as an established local applicant or as a statewide network. FSI claimed two points for local 
diversity of ownership based on a pledge to request cancellation of its license for translator station  
W220AN, La Grange, Georgia upon commencement of operation of its proposed full service station.202  
CPR certified that it is not eligible for any points under this criterion.  With respect to technical 
parameters, CPRs proposed 60 dBu contour would encompass 936 square kilometers with a population 
of 49,595.  FSIs proposed 60 dBu contour would encompass 352 square kilometers with a population of 
37,636.  One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  CPR qualifies for two points under this criterion.    Accordingly, CPR and FSI are 
credited with a total of 2 points each.   Both applications will proceed to a tie-breaker.
153. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  CPR 
certified that it has attributable interests in 10 radio authorizations.  FSI certified that it has attributable 
  
201 For purpose of this determination, we compared Centrals best technical proposal to the next best area of CSN 
and the next best population of FPR.  See supra,  50-51.
202  See FSIs Point Supplement, Question IV(2)(b) and associated Exhibit.  See supra  46.
Federal Communications Commission FCC 07-40 
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interests in 176 radio authorizations.  CPR prevails based on this first tie-breaker criterion and is the 
tentative selectee in Group 980609.  The remaining tie-breaker criterion need not be considered.
154. Group 980616.  This group consists of mutually exclusive applications of Christian 
Educational Association (CEA), Daystar Public Radio, Inc. (Daystar), Good Idea, Inc. (Good), 
Pathway Public Radio, Inc. (Pathway), Community Public Radio, Inc. (CPR), and Central Florida 
Educational Foundation, Inc. (Central).  CEA proposes to serve Favorita, Florida.  Daystar and 
Pathway propose to serve Favoretta, Florida.  Good and CPR propose to serve Beverly Beach, Florida.  
Central proposes to serve Palm Coast, Florida.  When applicants propose different communities, the 
Commission must first determine whether one applicant is credited with a dispositive fair distribution 
preference.  An applicant is eligible for a preference if it would provide a new first and/or second service 
to at least ten percent of the population, which must be at least 2,000 people, within its proposed service 
area.  As discussed supra, each of the applicants claimed a preference on this basis.  Four, however, are 
eliminated on a comparative basis.  CEA is eliminated because its certification appeared to have been 
based erroneously on the inclusion of population already receiving service from two or more authorized 
NCE stations.  CPR is eliminated because it certified that it was not entitled to a preference based on first 
service alone.  Good and Pathway are eliminated because each proposes to provide a first local service to 
at least 5,000 fewer potential listeners than either Daystar or Central.203 Also, as discussed supra, the 
remaining applicants, Daystar and Central, would provide first and second services that would be 
comparable to each other in terms of area and population.204 Daystar and Central must proceed to a point 
hearing.
155. Daystar and Central each certified that it is not entitled to any points as an established 
local applicant.  Daystar and Central each claimed two points for diversity of ownership.  Neither of the 
applicants claimed points as a statewide network.  With respect to technical parameters, Daystars 
proposed 60 dBu contour encompasses 521 square kilometers with a population of 51,773.  As discussed 
supra, Central submitted no data, and we have, therefore, awarded the maximum award of two technical 
points to Daystar.205 Accordingly, Daystar is credited with a total of 4 points, and Central is credited with 
a total of 2 points.  Thus, Daystar is the prevailing tentative selectee in Group 980616.206 A tie-breaker 
analysis is not necessary.
156. Group 980619.  This group consists of the mutually exclusive applications of Salt and 
Light Communications, Inc. (S&L) and Educational Communications of Colorado Springs (ECCS).  
Both applicants propose to serve the community of Laramie, Wyoming.  S&L and ECCS each certified 
that it is not entitled to any points as an established local applicant or as a statewide network.  ECCS  
claimed two points for local diversity of ownership.  S&L certified that it is not entitled to any points 
under this criterion.  With respect to technical parameters, S&Ls proposed 60 dBu contour would 
  
203  See supra,  24 -25.
204  Id.
205  See supra  49.
206 On July 17, 2001, Post-Newsweek Stations, Orlando, Inc., (Post) licensee of Station WKMG-TV, Orlando, 
Florida, filed an Informal Objection to the Daystar application.  Post alleges that Daystars proposal would cause 
interference to WKMG-TV in excess of that permitted by Section 73.525 of the Rules.  In responsive documents, 
Daystar and Post dispute each others methodology.  An argument submitted by Central in its own point supplement 
similarly alleges that Daystars amended proposal violates Section 73.525 with respect to WKMG-TV and also 
alleges prohibited overlap with another station.  Compliance with these Commission interference requirements is not 
considered at this stage of a proceeding.  We will dismiss Posts objection, the pleadings responding thereto, and the 
interference argument raised by Central without prejudice to any further submissions the parties may file in response 
to a public notice identifying Daystar as a tentative selectee.  If petitions are filed in response to that public notice, 
the staff would consider any issues raised therein in determining whether Daystars application is grantable.
Federal Communications Commission FCC 07-40 
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encompass 961 square kilometers with a population of 30,007.  ECCSs proposed 60 dBu contour would 
encompass 973 square kilometers with a population of 30,116.  One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  Neither applicant 
qualifies for any points under this criterion.    Accordingly, ECCS is credited with a total of 2 points and 
S&L is not credited with any points.  Thus, ECCS is the prevailing tentative selectee in Group 980619.  A 
tie-breaker analysis is not necessary.
157. Group 9806PP.  This group consists of the mutually exclusive applications of Christian 
Educational Association (CEA) and Houston Christian Broadcasters, Inc. (HCB).  Both applicants 
propose to serve the community of Sealy, Texas.  CEA and HCB each certified that it is not entitled to 
any points as an established local applicant, for local diversity of ownership, or as a statewide network.  
With respect to technical parameters, CEAs proposed 60 dBu contour would encompass 771 square 
kilometers with a population of 11,658.  HCBs proposed 60 dBu contour would encompass 1,597 square 
kilometers with a population of 21,290.  One technical point is awarded to the applicant that serves at 
least 10 percent more area and population than the second best proposal.  Two points are awarded under 
this criterion on the basis of a 25 percent differential.  HCB qualifies for two points under this criterion.    
Accordingly, HCB is credited with a total of 2 points and CEA is not credited with any points.  Thus, 
HCB is the prevailing tentative selectee in Group 9806PP.  A tie-breaker analysis is not necessary.
158. Group 980704.   This group consists of the mutually exclusive applications of William 
Jewell College (WJC) and Community Broadcasting, Inc. (CBI).  CBI proposes to construct a new 
NCE station to serve Lake Lootawana, Missouri.  WJC proposes a major modification to the facilities of 
KWJC(FM),  Liberty, Missouri.  When applicants propose different communities, the Commission must 
first determine whether one applicant is credited with a dispositive fair distribution preference.  An 
applicant is eligible for a preference if it would provide a new first and/or second service to at least ten 
percent of the population, which must be at least 2,000 people, within its proposed service area.  WJC and 
CBI each certified that it would not qualify for a Section 307(b) preference because it would not provide a 
new first or second service to ten percent of the population within its respective service area.   The 
applications, therefore, proceed to a point hearing.
159. WJC certified that it is entitled to three points as an established local applicant.    CBI 
certified that it is not entitled to any points under this criterion.  WJC and CBI each certified that it is not 
entitled to any points for diversity of ownership or as a statewide network.  With respect to technical 
parameters, the new area covered by WJCs modified 60 dBu contour would encompass 608 square 
kilometers with a population of 198,960.207 CBIs proposed 60 dBu contour would encompass 919 square 
kilometers with a population of 21,838. One technical point is awarded to the applicant that serves at least 
10 percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  Neither applicant qualifies for any points under this 
criterion.    Accordingly, WJC is credited with a total of 3 points and CBI is not credited with any points. 
Thus, WJC is the prevailing tentative selectee in Group 980704.  A tie-breaker analysis is not necessary.
160. Group 980801.   This group consists of the mutually exclusive applications of VCY 
America, Inc. (VCY) and Friends of Radio Maria, Inc. (Friends).  VCY proposes to serve the 
community of Sturgeon Bay, Wisconsin.  Friends proposes to serve Peshtigo, Wisconsin.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  VCY and Friends each certified that it would not qualify 
for a Section 307(b) preference because it would not provide a new first or second service to ten percent 
  
207 As noted supra, these numbers reflect WJC amendment to correct an error in which it overstated the population 
served.
Federal Communications Commission FCC 07-40 
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of the population within its respective service area.   The applications, therefore, proceed to a point 
hearing.
161. VCY and Friends each certified that it is not entitled to any points as an established local 
applicant or as a statewide network.  Friends claimed two points for local diversity of ownership.  VCY 
certified that it is not entitled to any points under this criterion.  With respect to technical parameters, 
VCYs 60 dBu contour would encompass 1,477 square kilometers with a population of 59,220.  Friends 
proposed 60 dBu contour would encompass 1,464 square kilometers with a population of 58,977. One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  Neither applicant qualifies for any points under this criterion.  Accordingly, Friends is 
credited with a total of 2 points and VCY is not credited with any points. Thus, Friends is the prevailing 
tentative selectee in Group 980801.  A tie-breaker analysis is not necessary.
162. Group 980805. This group consists of mutually exclusive applications of University of 
Wyoming (UW), Educational Communications of Colorado Springs (ECCS), and WCN, Inc. 
(WCN).  Each applicant proposes to serve Laramie, Wyoming.  UW certified that it qualifies for three 
points as an established local applicant. ECCS and WCN each certified that it is not entitled to any points 
under this criterion.  ECCS claimed two points for local diversity of ownership.  UW and WCN each 
certified that it is not eligible for any points under this criterion.  No applicant claimed points as a 
statewide network.  With respect to technical parameters, UWs proposed 60 dBu contour would
encompass 1,186 square kilometers with a population of 30,158.  ECCSs proposed 60 dBu contour 
would encompass 973 square kilometers with a population of 30,116.  WCNs proposed 60 dBu contour 
would encompass 158 square kilometers with a population of 28,385. One technical point is awarded to 
the applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  None of the applicants in 
this group qualify for any points under this criterion.  Accordingly, UW is credited with a total of 3 
points.  ECCS is credited with a total of 2 points.  WCN is not credited with any points. Thus, UW is the 
prevailing tentative selectee in Group 980805. A tie-breaker analysis is not necessary
163. Group 980815.   This group consists of the mutually exclusive applications of Kids First, 
Inc. (KFI) and Mary V. Harris Foundation (Harris).  KFI proposes to serve the community of 
Zionsville, Indiana.  Harris proposes to serve Jamestown, Indiana.  When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  KFI and Harris each certified that it would not qualify for a Section 307(b) 
preference because it would not provide a new first or second service to ten percent of the population 
within its respective service area.   The applications, therefore, proceed to a point hearing.
164. KFI claimed three points as an established local applicant.  Harris certified that it is not 
eligible to receive any points under this criterion.  Both applicants claimed two points for diversity of 
ownership.  Neither applicant claimed points as a statewide network.  With respect to technical 
parameters, KFIs 60 dBu contour would encompass 1,018 square kilometers with a population of 60,865.  
Harriss proposed 60 dBu contour would encompass 1,806 square kilometers with a population of 
174,177. One technical point is awarded to the applicant that serves at least 10 percent more area and 
population than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 
percent differential.  Harris qualifies for two points under this criterion.  Accordingly, KFI is credited 
with a total of 5 points, and Harris is credited with a total of 4 points. Thus, KFI is the prevailing tentative 
selectee in Group 980815.  A tie-breaker analysis is not necessary.
165. Group 980902.   This group consists of the mutually exclusive applications of CCS 
Radio, Inc. (CCS) and Friends of Radio Maria (Friends).  CCS proposes to serve the community of 
Federal Communications Commission FCC 07-40 
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Beaumont, Texas.  Friends proposes to serve Vidor, Texas.  When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  CCS and Friends each certified that it would not qualify for a Section 307(b) 
preference because it would not provide a new first or second service to ten percent of the population 
within its respective service area.   The applications, therefore, proceed to a point hearing.
166. CCS and Friends each certified that it is not eligible to receive any points as an 
established local applicant or as a statewide network.  CCS claimed two points for diversity of ownership.  
Friends certified that it is not eligible to receive any points under this criterion.  With respect to technical 
parameters, CCSs 60 dBu contour would encompass 3,794 square kilometers with a population of 
290,491.  Friendss proposed 60 dBu contour would encompass 3,861 square kilometers with a 
population of 364,237.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Neither applicant qualifies for any points under this criterion.  
Accordingly, CCS is credited with a total of 2 points and Friends is not credited with any points.  Thus, 
CCS is the prevailing tentative selectee in Group 980902.  A tie-breaker analysis is not necessary.
167. Group 980910.  This group consists of the mutually exclusive applications of American 
Family Association (AFA) and Minn-Iowa Christian Broadcasting, Inc. (MICB).  Both applicants 
propose to serve the community of Windom, Minnesota.  AFA and MICB each certified that it is not 
eligible to receive any points as an established local applicant or as a statewide network.  MICB claimed 
two points for diversity of ownership.  AFA certified that it is not eligible to receive any points under this 
criterion.  With respect to technical parameters, AFAs 60 dBu contour would encompass 251 square 
kilometers with a population of 5,584.  MICBs proposed 60 dBu contour would encompass 4,809 square 
kilometers with a population of 31,225. One technical point is awarded to the applicant that serves at least 
10 percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  MICB qualifies for two points under this criterion.  
Accordingly, MICB is credited with a total of 4 points and AFA is not credited with any points.  Thus, 
MICB is the prevailing tentative selectee in Group 980910.  A tie-breaker analysis is not necessary.
168. Group 981003.  This group consists of the mutually exclusive applications of Henderson 
State University (HSU) and Bright Light Broadcasting, Inc. (BLB).  Both applicants propose to serve 
the community of Arkadelphia, Arkansas.  HSU claimed three points as an established local applicant.  
BLB certified that it is not eligible to receive points under this criterion.  HSU and BLB both claimed two 
points for diversity of ownership.  HSUs diversity of ownership claim was based on its pledge to seek 
cancellation of its licensed Class D station KSWH-FM, Arkadelphia, Arkansas upon commencement of 
operation of the proposed full service station.208 As discussed supra, we have granted a rule waiver to 
permit HSU to claim diversity of ownership points under those circumstances.209 No applicant claimed 
points as a statewide network.  With respect to technical parameters, HSUs 60 dBu contour would 
encompass 214 square kilometers with a population of 12,614.  BLBs proposed 60 dBu contour would 
encompass 323 square kilometers with a population of 14,573. One technical point is awarded to the 
applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  BLB qualifies for one 
point under this criterion.    Accordingly, HSU is credited with a total of 5 points, and BLB is credited 
with a total of 3 points. Thus, HSU is the prevailing tentative selectee in Group 981003.  A tie-breaker 
analysis is not necessary.
  
208  See HSUs Point Supplement, Question  IV(2)(b) and associated Exhibit.   
209  See supra  46-47.
Federal Communications Commission FCC 07-40 
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169. Group 981005. This group consists of the mutually exclusive applications of Greater 
Mississippi Broadcasting, Inc. (GMB), American Family Association (AFA), Bible Broadcasting 
Network, Inc. (BBN), and Friends of Radio Maria, Inc. (Friends).  GMB, AFA, and BBN propose to 
serve the community of Biloxi, Mississippi.  Friends proposes to serve DIberville, Mississippi.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  Each of the applicants certified that it would not qualify 
for a Section 307(b) preference because it would not provide a new first or second service to ten percent 
of the population within its respective service area.   The applications, therefore, proceed to a point 
hearing.
170. Each of the applicants in this group certified that it is not entitled to any points as an 
established local applicant or statewide network.    GMB, BBN, and Friends each claimed two points for 
diversity of ownership.  AFA certified that it is not entitled to points under this criterion.  With respect to 
technical parameters, GMBs proposed 60 dBu contour would encompass 426 square kilometers with a 
population of 83,095.  AFAs proposed 60 dBu contour would encompass 258 square kilometers with a 
population of 71,561.  BBNs proposed 60 dBu contour would encompass 366 square kilometers with a 
population of 89,720.  Friendss proposed 60 dBu contour would encompass 495 square kilometers with a 
population of 104,171.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Friends qualifies for one point under this criterion.210  
Accordingly, GMB and BBN are credited with a total of 2 points each, Friends with a total of 3 points, 
and AFA with no points.  Thus, Friends is the prevailing tentative selectee in Group 9810005.  A tie-
breaker analysis is not necessary.
171. Group 981010.  This group consists of the mutually exclusive applications of Solid Rock 
Broadcasting, Inc. (SRB) and Billings Community Cable Corporation (BCC).  Both applicants 
propose to serve the community of Billings, Montana.  BCC claimed three points as an established local 
applicant.  SRB certified that it is not eligible to receive any points under this criterion.  SRB and BCC 
both claimed two points for diversity of ownership.  Neither applicant claimed points as a statewide 
network.  With respect to technical parameters, SRBs 60 dBu contour would encompass 572 square 
kilometers with a population of 109,259.  BCCs proposed 60 dBu contour would encompass 1,930 
square kilometers with a population of 123,795.  One technical point is awarded to the applicant that 
serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential.  BCC qualifies for one point under 
this criterion.    Accordingly, SRB is credited with a total of 2 points and BCC is credited with a total of 6 
points.  Thus, BCC is the prevailing tentative selectee in Group 981010.  A tie-breaker analysis is not 
necessary.
172. Group 981106.  This group consists of the mutually exclusive applications of Houston 
Christian Broadcasters, Inc. (HCB) and Christian Education Association (CEA).  Both applicants 
propose to serve the community of Camp Wood, Texas.  Neither applicant claimed any points as an 
established local applicant or as a statewide network.  HCB claimed two points for diversity of ownership.  
CEA certified that it is not eligible to receive any points under this criterion.  With respect to technical 
parameters, HCBs 60 dBu contour would encompass 844 square kilometers with a population of 1,945.  
CEAs proposed 60 dBu contour would encompass 1,186 square kilometers with a population of 1,685. 
One technical point is awarded to the applicant that serves at least 10 percent more area and population 
than the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  Neither applicant qualifies for any points under this criterion.    Accordingly, HCB is 
  
210 For purpose of this determination, we compared Friendss best technical proposal to the next best area of 
GMB and the next best population of BBN.  See supra,  51
Federal Communications Commission FCC 07-40 
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credited with a total of 2 points and CEA is not credited with any points.  Thus, HCB is the prevailing 
tentative selectee in Group 981106. A tie-breaker analysis is not necessary.
173. Group 981209.  This group consists of the mutually exclusive applications of VCY 
America, Inc. (VCY) and Family Stations, Inc. (FSI).  Both applicants propose to serve the 
community of Janesville, Wisconsin.  Neither applicant claimed any points as an established local 
applicant or as a statewide network.  FSI claimed two points for diversity of ownership.  VCY certified 
that it is not eligible to receive any points under this criterion.  With respect to technical parameters, 
VCYs 60 dBu contour would encompass 816 square kilometers with a population of 88,441.  FSIs 
proposed 60 dBu contour would encompass 1,244 square kilometers with a population of 106,650. One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  FSI qualifies for one point under this criterion.    Accordingly, FSI is credited with a total of 
3 points and VCY is not credited with any points.  Thus, FSI is the prevailing tentative selectee in Group 
981209.  A tie-breaker analysis is not necessary.
174. Group 981212.  This group consists of the mutually exclusive applications of Pennyrile 
Christian Communications, Inc. (PCC) and Indiana Community Radio Corporation (ICR).  Both 
applicants propose to serve the community of Madisonville, Kentucky.  Neither applicant claimed any 
points as an established local applicant or as a statewide network.  PCC and ICR each certified that it is 
eligible to receive two points for diversity of ownership.  PCCs certification was based on its pledge to 
request cancellation of the license of translator station W219CF, Madisonville, Kentucky, upon 
commencement of operations of the proposed full service station.211 With respect to technical parameters, 
PCCs 60 dBu contour would encompass 371 square kilometers with a population of 26,972.  ICRs 
proposed 60 dBu contour would encompass 445 square kilometers with a population of 30,274. One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.  ICR qualifies for one point under this criterion.    Accordingly, PCC is credited with a total 
of 2 points and ICR is credited with a total of 3 points. Thus, ICR is the prevailing tentative selectee in 
Group 981212.  A tie-breaker analysis is not necessary.
175. Group 990101.  This group consists of the mutually exclusive applications of University 
of Northern Iowa (UNI) and Solid Rock Broadcasting, Inc. (SRB).  Both applicants propose to serve 
the community of Oskaloosa, Iowa.  UNI claimed three points as an established local applicant.  SRB 
certified that it is not eligible to receive any points under this criterion.  SRB claimed two points for 
diversity of ownership.  UNI certified that it is not eligible to receive any points under this criterion.  
Neither applicant claimed points as a statewide network.  With respect to technical parameters, UNIs 60 
dBu contour would encompass 596 square kilometers with a population of 16,286.  SRBs proposed 60 
dBu contour would encompass 511 square kilometers with a population of 16,032.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  Neither 
applicant qualifies for any points under this criterion.    Accordingly, UNI is credited with a total of 3 
points and SRB is credited with a total of 2 points.  Thus, UNI is the prevailing tentative selectee in 
Group 990101.  A tie-breaker analysis is not necessary.
176. Group 990109. This group consists of the mutually exclusive applications of Upper 
Columbia Media Corporation (UCM) and Moody Bible Institute of Chicago (Moody).212  UCM 
  
211  See PCCs Point Supplement, Question  IV(2)(b) and associated Exhibit.   
212 On November 20, 2006, the Media Bureau dismissed the mutually exclusive application of Living Faith 
Fellowship Educational Ministries (LFF) (File No. BPED-19990823MA) because LFFs technical proposal would 
result in contour overlap to an existing station prohibited by Section 73.509 of the Rules.  See 47 C.F.R.  73.509.  
Federal Communications Commission FCC 07-40 
55
proposes to serve the community of West Clarkston, Washington.  Moody proposes to serve Latah, Idaho.  
When applicants propose different communities, the Commission must first determine whether one 
applicant is credited with a dispositive fair distribution preference.  An applicant is eligible for a 
preference if it would provide a new first and/or second service to at least ten percent of the population, 
which must be at least 2,000 people, within its proposed service area.  Each of the applicants certified that 
it would not qualify for a Section 307(b) preference because it would not provide a new first or second 
service to ten percent of the population within its respective service area.   The applications, therefore, 
proceed to a point hearing.
177. UCM certified that it qualifies for three points as an established local applicant.  UCMs 
certification was based on the qualifications of a related company.  As discussed supra, we have 
determined that UCM does not meet the exact definition of established local applicant and, therefore, that 
it will receive no points under this criterion.213 Moody certified that it is not entitled to any points under 
this criterion. UCM claimed two points for diversity of ownership.  Moody certified that it is not entitled 
to points under this criterion. No applicant claimed points as a statewide network.  With respect to 
technical parameters, UCMs proposed 60 dBu contour would encompass 242 square kilometers with a 
population of 41,891.  Moodys proposed 60 dBu contour would encompass 1,687 square kilometers with 
a population of 56,068.  One technical point is awarded to the applicant that serves at least 10 percent 
more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Moody qualifies for 2 points under this criterion.  Accordingly, 
UCM is credited with a total of 2 points and Moody with two points.  Both applications proceed to a 
tiebreaker.
178. The first issue considered in a tiebreaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  UCM 
certified that it has attributable interests in one radio authorization.  Moody certified that it has 
attributable interests in 55 radio authorizations.  UCM prevails based on this first tie-breaker criterion and 
is the tentative selectee in Group 990109.  The remaining tie-breaker criterion need not be considered.
179. Group 9901XP. This group consists of the mutually exclusive applications of CSN 
International (CSN), Black Media Works (BMW), Central Florida Education Foundation, Inc. 
(Central), and Merritt Island Public Radio, Inc. (MIPR).  CSN and BMW propose to serve the 
community of Cocoa Beach, Florida.  Central and MIPR propose to serve Merritt Island, Florida.  When 
applicants propose different communities, the Commission must first determine whether one applicant is 
credited with a dispositive fair distribution preference.  An applicant is eligible for a preference if it would 
provide a new first and/or second service to at least ten percent of the population, which must be at least 
2,000 people, within its proposed service area.  Each of the applicants certified that it would not qualify 
for a Section 307(b) preference because it would not provide a new first or second service to ten percent 
of the population within its respective service area.   The applications, therefore, proceed to a point 
hearing.
180. BMW and MIPR each certified that it qualifies for three points as an established local 
applicant.  CSN and Central each certified that it is not entitled to any points under this criterion.    CSN, 
Central, and MIPR each claimed two points for diversity of ownership.  BMW certified that it is not 
entitled to points under this criterion.  No applicant claimed points as a statewide network.  With respect 
     
On December 26, 2006, LFF filed a Petition for Reconsideration of this action.  By letter dated March 19, 2007, the 
Media Bureau denied reconsideration, concluding that LFFs revised technical proposal did not eliminate the 
prohibited contour overlap.  See Letter to Living Faith Fellowship Educational Ministries from Assistant Chief, 
Audio Division, Media Bureau, Federal Communications Commission (Mar. 19, 2007).
213  See supra  38-39.
Federal Communications Commission FCC 07-40 
56
to technical parameters, CSNs proposed 60 dBu contour would encompass approximately 27 square 
kilometers with a population of 40,763.214 BMWs proposed 60 dBu contour would encompass 27 square 
kilometers with a population of 39,449.  Centrals proposed 60 dBu contour would encompass 30 square 
kilometers with a population of 48,701.  MIPRs proposed 60 dBu contour would encompass 51 square 
kilometers with a population of 42,606.  One technical point is awarded to the applicant that serves at 
least 10 percent more area and population than the second best proposal.  Two points are awarded under 
this criterion on the basis of a 25 percent differential.  No applicant qualifies for any points under this 
criterion.215 Accordingly, CSN and Central are credited with a total of 2 points each, BMW with a total 
of 3 points, and MIPR with a total of 5 points.  Thus, MIPR is the prevailing tentative selectee in Group 
9901XP.  A tie-breaker analysis is not necessary.  
181. Group 990306.  This group consists of mutually exclusive applications of San Juan College 
(SJC), North Fork Valley Public Radio, Inc. (North Fork), and KUTE, Inc. (KUTE).  SJC and 
KUTE propose to construct new stations to serve the community of Durango, Colorado.  North Fork 
proposes to modify the facilities of KVMT(FM), Montrose, Colorado.  When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  As discussed supra, SJC was eliminated because it was the only applicant in this 
group to certify that it would not qualify for a Section 307(b) preference.216 As also discussed supra, the 
remaining applicants, North Fork and KUTE, certified that they would qualify for a Section 307(b) 
preference, but must proceed to a point hearing because neither would provide new NCE service to 5,000 
people more than the other.217
182. KUTE claimed three points as an established local applicant.  North Fork certified that it 
is not eligible for any points under this criterion.  North Fork and KUTE each certified that it is not 
entitled to any points for diversity of ownership or as a statewide network.  With respect to technical 
parameters, the new area within North Forks proposed modified 60 dBu contour encompasses 3,554 
square kilometers with a population of 7,045.  KUTEs proposed 60 dBu contour encompasses 720 square 
kilometers with a population of 27,431.  One technical point is awarded to the applicant that serves at 
least 10 percent more area and population than the second best proposal.  Two points are awarded under 
this criterion on the basis of a 25 percent differential.  Neither applicant qualifies for any points under this 
criterion.  Accordingly, KUTE is credited with a total of 3 points and North Fork is not credited with any 
points.  Thus, KUTE is the prevailing tentative selectee in Group 990306.  A tie-breaker analysis is not 
necessary.  
183. Group 990307.  This group consists of the mutually exclusive applications of Family 
Stations, Inc. (FSI) and Cornerstone Community Radio, Inc. (Cornerstone).  Both applicants propose 
to serve the community of Woodstock, Illinois.  Neither applicant claimed any points as an established 
local applicant or as a statewide network.  FSI and Cornerstone each certified that it is eligible to receive 
two points for diversity of ownership.  With respect to technical parameters, FSIs 60 dBu contour would 
encompass 541 square kilometers with a population of 45,130.  Cornerstones proposed 60 dBu contour 
  
214 We have adjusted CSNs claimed area coverage of 179 square kilometers because, as discussed supra, that 
claim appeared to erroneously include large areas of water.  See supra,  52.
215 For purpose of this determination, we compared Friendss best technical proposal to the next best area of 
GMB and the next best population of BBN.  See supra,  46 and 51.
216  See supra,  26.
217  Id.
Federal Communications Commission FCC 07-40 
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would encompass 1,460 square kilometers with a population of 91,877.  One technical point is awarded to 
the applicant that serves at least 10 percent more area and population than the second best proposal.  Two 
points are awarded under this criterion on the basis of a 25 percent differential.  Cornerstone qualifies for 
two points under this criterion.    Accordingly, FSI is credited with a total of 2 points, and Cornerstone is 
credited with a total of 4 points.  Thus, Cornerstone is the prevailing tentative selectee in Group 990307.  
A tie-breaker analysis is not necessary.
184. Group 9903TP.  This group consists of the mutually exclusive applications of Abundant 
Life Broadcasting (ALB) and Moody Bible Institute (Moody).  Both applicants propose to serve the 
community of Jackson, Wyoming.  Neither applicant claimed any points as an established local applicant 
or as a statewide network.  ALB and Moody each certified that it is eligible to receive two points for 
diversity of ownership.  Moody based its certification on a pledge to seek cancellation of its license for 
translator station K216CI, Jackson, Wyoming upon commencement of operations of the proposed full 
service station.218 With respect to technical parameters, ALBs 60 dBu contour would encompass 1,840 
square kilometers with a population of 16,736.  Moodys proposed 60 dBu contour would encompass 
2,168 square kilometers with a population of 17,194.  One technical point is awarded to the applicant that 
serves at least 10 percent more area and population than the second best proposal.  Two points are 
awarded under this criterion on the basis of a 25 percent differential. Neither applicant qualifies for any 
points under this criterion.  Accordingly, ALB and Moody are credited with a total of 2 points each.  Both 
applications will proceed to a tie-breaker.
185. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  ALB 
certified that it has attributable interests in 227 radio authorizations.  Moody certified that it has 
attributable interests in 55 radio authorizations.  Moody prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 9903TP.  The remaining tie-breaker criterion need not be 
considered.
186. Group 990403.  This group consists of the mutually exclusive applications of Kayser 
Broadcast Ministries, Inc (KBM) and The Cedarville University (Cedarville).  Both applicants 
propose to serve the community of Marion, Ohio.  KBM claimed three points as an established local 
applicant.  Cedarville certified that it is not eligible to receive any points under this criterion.  KBM and 
Cedarville both claimed two points for diversity of ownership.  No applicant claimed points as a statewide 
network.  With respect to technical parameters, KBMs 60 dBu contour would encompass 649 square 
kilometers with a population of 56,727.  Cedarvilles proposed 60 dBu contour would encompass 1,539 
square kilometers with a population of 71,155.  One technical point is awarded to the applicant that serves 
at least 10 percent more area and population than the second best proposal.  Two points are awarded 
under this criterion on the basis of a 25 percent differential.  Cedarville qualifies for two points under this 
criterion.    Accordingly, KBM is credited with a total of 5 points and Cedarville is credited with a total of 
4 points.  Thus, KBM is the prevailing tentative selectee in Group 990403.  A tie-breaker analysis is not 
necessary.
187. Group 990408.  This group originally consisted of the mutually exclusive applications of 
The Cedarville University (Cedarville), CSN International (CSN), Educational Media Foundation 
(EMF), and Mary V. Harris Foundation (Harris).  As discussed supra, Harris application has been 
dismissed for failure to file a timely point supplement.219 Therefore, our point system analysis is limited 
to Cedarville, CSN, and EMF.  Cedarville proposes to serve the community of Wooster, Ohio.  CSN 
proposes to serve Brunswick, Ohio.  EMF proposes to serve Wadsworth, Ohio.  When applicants propose 
  
218  See Moodys Point Supplement, Question  IV(2)(b) and associated Exhibit.  See supra,  46.
219  See supra,  15-16
Federal Communications Commission FCC 07-40 
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different communities, the Commission must first determine whether one applicant is credited with a 
dispositive fair distribution preference.  An applicant is eligible for a preference if it would provide a new 
first and/or second service to at least ten percent of the population, which must be at least 2,000 people, 
within its proposed service area.  Cedarville, CSN, and EMF each certified that it would not qualify for a 
Section 307(b) preference because it would not provide a new first or second service to ten percent of the 
population within its respective service area.   The applications, therefore, proceed to a point hearing.
188. Cedarville, CSN, and EMF each certified that it is not eligible for any points as an 
established local applicant or statewide network. Each applicant also claimed two points each for local 
diversity of ownership.  EMF based its diversity claim on a pledge to seek cancellation of its license for 
translator station W219BT, Wadsworth, Ohio upon commencement of operations of its proposed full 
service station.220  With respect to technical parameters, Cedarvilles proposed 60 dBu contour would 
encompass 2,262 square kilometers with a population of 215,520.  CSNs proposed 60 dBu contour
would encompass 3,267 square kilometers with a population of 403,128.  EMFs proposed 60 dBu 
contour would encompass 2,667 square kilometers with a population of 261,511.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  CSN 
qualifies for one point under this criterion.  Accordingly, Cedarville and EMF are  credited with a total of 
2 points each and CSN is credited with a total of 3 points.  Thus, CSN is the prevailing tentative selectee 
in Group 990408.  A tie-breaker analysis is not necessary.
189. Group 990508.  This group consists of mutually exclusive applications of CSN 
International (CSN), Educational Media Foundation (EMF), and Youngshine Media, Inc. 
(Youngshine). CSN proposes to serve the community of Lake Hopatcong, New Jersey.  EMF and 
Youngshine both propose to serve Hopatcong, New Jersey. When applicants propose different 
communities, the Commission must first determine whether one applicant is credited with a dispositive 
fair distribution preference.  An applicant is eligible for a preference if it would provide a new first and/or 
second service to at least ten percent of the population, which must be at least 2,000 people, within its 
proposed service area.  As discussed supra, EMF was eliminated on a comparative basis because CSN 
and Youngshine each proposed to provide a combined first and second service to over 5,000 potential 
listeners more than EMF.221 As also discussed supra, the remaining applicants, CSN and Youngshine, 
must proceed to a point hearing because neither would provide new NCE service to 5,000 people more 
than the other.222
190. Neither CSN nor Youngshine claimed points as an established local applicant or 
statewide network.223 Both claimed two points for diversity of ownership.  With respect to technical 
parameters, CSNs proposed 60 dBu contour would encompass 634 square kilometers with a population 
of 187,253.  Youngshines proposed 60 dBu contour would encompass 582 square kilometers with a 
population of 179,583.  One technical point is awarded to the applicant that serves at least 10 percent 
  
220  See EMFs Point Supplement, Question  IV(2)(b) and associated Exhibit.   See supra,  46.
221  See supra,  27.
222  Id.
223 Youngshine originally believed that it might be eligible as an established local applicant based on the local 
residences of its governing board for more than two years, and therefore answered yes to the localism points 
certification in Question IV(1) of its Point Supplement.  Youngshine qualified its certification by disclosing that 
Youngshine itself had not been in existence for two years prior to the snapshot date.  Subsequently, the Commission 
rejected a similar argument that Youngshine raised in a petition for reconsideration of the point system, and 
Youngshine amended its answer accordingly to acknowledge that it is not entitled to localism points.   See 
Comparative Standards for Noncommercial Educational Applicants, 17 FCC Rcd 13132, 13137-38 (2002).
Federal Communications Commission FCC 07-40 
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more area and population than the second best proposal.  Two points are awarded under this criterion on 
the basis of a 25 percent differential.  Neither applicant qualifies for any points under this criterion.  
Accordingly, CSN and Youngshine are credited with a total of 2 points each. Both applications will 
proceed to a tie-breaker.
191. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to each applicant.  The applicant with the fewest authorizations prevails.  CSN 
certified that it has attributable interests in 572 radio authorizations.  Youngshine certified that it has 
attributable interests in 1 radio authorization.  Youngshine prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 990508.  The remaining tie-breaker criterion need not be considered.
192. Group 990512.  This group consists of the mutually exclusive applications of University 
of Massachusetts (UMass) and The Talking Information Center (TIC).  Both applicants propose to 
serve the community of Marshfield, Massachusetts.  UMass and TIC each claimed three points as an 
established local applicant.  UMass and TIC each claimed two points for diversity of ownership.  As 
discussed supra, however, TIC erroneously excluded the broadcast interests of one of its board members.  
We have determined that TIC is thus not eligible to receive any points under this criterion.224 No 
applicant claimed points as a statewide network.  With respect to technical parameters, UMasss proposed 
60 dBu contour would encompass 306 square kilometers with a population of 78,910.  TICs proposed 60 
dBu contour would encompass 452 square kilometers with a population of 59,682.  One technical point is 
awarded to the applicant that serves at least 10 percent more area and population than the second best 
proposal.  Two points are awarded under this criterion on the basis of a 25 percent differential.  Neither 
applicant qualifies for any points under this criterion.    Accordingly, UMass is credited with a total of 5 
points, and TIC is credited with a total of 3 points.  Thus, UMass is the prevailing tentative selectee in 
Group 990512.  A tie-breaker analysis is not necessary.
193. Group 990607.  This group consists of the mutually exclusive applications of Lower 
Cape Communications, Inc. (LCC) and University of Massachusetts, Boston (UMass).  Both 
applicants propose to serve the community of Orleans, Massachusetts.  LCC and UMass certified that 
they qualify for three points each as established local applicants.  LCC claimed two points for diversity of 
ownership.  UMass certified that it is not eligible for any points under this criterion.  UMass claimed two 
points as a statewide network.  LCC certified that it is not eligible for any points under this criterion.  
With respect to technical parameters, LCCs 60 dBu contour would encompass 356 square kilometers 
with a population of 57,024.  UMasss proposed 60 dBu contour would encompass 346 square kilometers 
with a population of 50,309.  One technical point is awarded to the applicant that serves at least 10 
percent more area and population than the second best proposal.  Two points are awarded under this 
criterion on the basis of a 25 percent differential.  Neither applicant qualifies for any points under this 
criterion.    Accordingly, LCC and UMass are credited with a total of 5 points each.  Both applications 
will proceed to a tie-breaker.
194. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to the applicants.  The applicant with the fewest authorizations prevails.  LCC 
certified that it has an attributable interest in one radio authorization.  UMass certified that it has 
attributable interests in 11 radio authorizations.  LCC prevails based on this first tie-breaker criterion and 
is the tentative selectee in Group 990607.  The remaining tie-breaker criteria need not be considered.
195. Group 990609.  This group consists of the mutually exclusive applications of Hope 
Christ Church of Marlton, Inc. (Hope), WWN Educational Radio Corporation (WWN), and JC 
Radio, Inc. (JC).  All of the applicants propose to serve the community of Barnegat, New Jersey.  Hope, 
WWN, and JC each certifies that it does not qualify for any points as an established local applicant or 
statewide network.  Hope and WWN claimed two points each for diversity of ownership.  JC certified that 
  
224 See supra,  44-45.
Federal Communications Commission FCC 07-40 
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it is not eligible for any points under this criterion. With respect to technical parameters, Hopes 60 dBu 
proposed contour would encompass 849 square kilometers with a population of 58,056.  WWNs 
proposed 60 dBu contour would encompass 855 square kilometers with a population of 68,203.  JCs 
proposed 60 dBu contour would encompass 1,241 square kilometers with a population of 64,392.  One 
technical point is awarded to the applicant that serves at least 10 percent more area and population than 
the second best proposal.  Two points are awarded under this criterion on the basis of a 25 percent 
differential.   No applicant in this group qualifies for any points under this criterion.    Accordingly, Hope 
and WWN are credited with a total of 2 points each.  JC is not credited with any points, and is eliminated 
on this basis.   Hope and WWN will proceed to a tie-breaker.
196. The first issue considered in a tie-breaker for NCE-FM applicants is the number of radio 
authorizations attributable to the applicants.  The applicant with the fewest authorizations prevails.  Hope 
certified that it has attributable interests in 22 radio authorizations.  WWN certified that it has no 
attributable interests in any radio authorization.  WWN prevails based on this first tie-breaker criterion 
and is the tentative selectee in Group 990609.  The remaining tie-breaker criteria need not be considered.
V. OTHER PETITIONS
197. Additional petitions to deny and petitions for reconsideration were filed in some of the 76 
proceedings considered herein.  Some were filed against applicants that were not identified as tentative 
selectees.225 Others appear to have become moot as a result of amendments to the tentative selectees 
application, or it is not clear that the petitioner still wishes to pursue a matter that was raised many years 
ago and has become stale.226 Any petitions filed in the NCE proceedings herein are dismissed, without 
prejudice to refiling within 30 days of the staffs public notice announcing the tentative selection of the 
applicant.227  
  
225 For example, in Group 960908, Holy Family Communications, Inc. (HFC) filed a Petition for Reconsideration 
protesting reinstatement of the mutually exclusive application filed by Mary V. Harris Foundation.  We need not 
consider the Petition because HFC is the tentative selectee.  Similarly, in Group 970815, Okaloosa Public Radio, 
Inc. argued that AFA submitted an amendment which was untimely under the former A/B cut-off procedures and 
that AFAs original proposal, which covered a smaller area, is the proper application for comparison.  We need not 
consider this pleading because Okaloosa is the tentative selectee even if the amended AFA technical proposal is 
considered.  
226 For example, in Group 95095E, the application of the tentative selectee, Shofar Broadcasting Corporation 
(Shofar) was accepted for filing on March 29, 1996, pursuant to our former A/B cut-off procedures.  The 
Commission received a Petition to Deny in 1996 and an Informal Objection in 1997 alleging that the proposal would 
cause interference on TV Channel 6 in violation of Section 73.525 of the rules.  See 47 C.F.R.  73.525.  Shofar 
amended its coordinates on February 26, 1997, and submitted a more detailed TV 6 study on June 27, 1997, 
claiming compliance with the rules.  See Amendments to File No. BPED-19950905MD (Feb. 26, 1997 and June 27, 
1997).  Neither the petitioner nor objector filed any challenges to Shofars amendments.  Our own study of the 
application as amended finds it to be acceptable.  We will dismiss the Petition to Deny and Informal Objection as 
moot, without prejudice to any further petitions these parties may file in response to a public notice identifying 
Shofar as a tentative selectee. 
227 Dismissal of these old petitions without prejudice to re-filing is comparable to action the Commission has taken 
when petitions for reconsideration of rulemaking proceedings have become stale by the passage of time and/or 
intervening developments.  In the rulemaking context, the Commission has given parties a 30-day period to indicate 
that they still wish their petitions to be considered and, if so, to refresh the record.  See, e.g., Federal-State Joint 
Board of Universal Service, 19 FCC Rcd 23824, 23826 (2004).  Parties that do not indicate intent to pursue their 
petitions for reconsideration are considered to have withdrawn those petitions, which are dismissed by public notice.  
Id.  We believe that dismissal of stale petitions by this published order, without prejudice to re-filing and updating, 
is preferable in the NCE application context because it better comports to the NCE rule concerning the filing of 
petitions against tentative selectees.  See 47 C.F.R.  73.7004.  The staffs practice, in NCE comparative cases 
decided on Section 307(b), has been to require that any petitioner or objector resubmit its objection within the 30-
Federal Communications Commission FCC 07-40 
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VI. NEXT STEPS
198. Acceptability Studies.  Once the Commission selects a tentative selectee pursuant to the 
comparative selection process, the next step is to consider whether the selectees application has 
defects.228 If found acceptable for filing, the tentative selectees application is placed on a broadcast 
applications public notice, and petitions to deny may be filed within 30 days following the release of the 
public notice.   
199. Many of the applications that we have tentatively selected for grant were previously studied 
and accepted for filing by the staff pursuant to the A/B cut-off procedures that were used prior to adoption 
of the current NCE comparative standards.  Under those procedures, the staff accepted an application for 
an NCE FM construction permit by placing that application on an A cut-off notice, which triggered a 
period for the filing of mutually exclusive applications.  After analyzing responsive applications, the staff  
issued a B cut-off notice accepting the mutually exclusive applications.  It is not necessary for the staff 
to restudy or reaccept applications that have already appeared on an A or B cut-off notice and for 
which no amendments have been filed. With respect to such applications, the ordering clauses below 
direct the staff to issue a public notice announcing the tentative selection of the applications for grant. 
200. With respect to applications which were filed in response to the A public notice, but 
which were never listed on a B public notice, we have directed the staff to study the applications.229  
The staff has completed its studies and has determined that all tentative selectees are acceptable for filing.  
The ordering clauses direct the staff to issue a public notice that both accepts these applications for filing 
and announces their tentative selection.  
201. All of the tentative selectees identified in this Order and its Appendix 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.    
202. Forthcoming Staff Action. We direct the staff, once the public notice period has run, to 
conduct a final study of each tentatively selected application in accordance with its routine processing 
procedures.  The staff studies should consider any petitions, comments, and objections to determine 
whether there is any substantial and material question of fact concerning whether grant of the tentatively 
     
day period established for the filing of petitions against the tentative selectee.  See, e.g., Jacqueline Dearing, 21 
FCC Rcd 6211, n.8 (MB 2006).
228 If a tentative selectees application is found unacceptable for filing, it is returned.  The applicant is then given 
one opportunity to submit a curative amendment within the time specified in the staff letter, provided that the 
amendment is minor and that the application, as amended, has the same number of points as originally claimed, or 
more than the points claimed by the next highest applicant.  See 47 C.F.R.  73.3522(b)(2).  A tentative selectee that 
is unable to cure the defect is disqualified, and the applicant with the next highest point tally becomes the new 
tentative selectee.  See 47 C.F.R.  73.7004(d).
229 Lack of a B cut-off notice does not affect the validity of any application.  The B notice served two main 
purposes:  (1) to limit the universe of applications that would be included in each mutually exclusive NCE group by 
announcing that additional applications filed after the A cut-off date and in conflict with the B applications 
would not be accepted; and (2) to establish a deadline for amendments and petitions to deny.  The Commission 
provided for these functions to be accomplished as part of the point system, without the need for further B notices.  
See NCE MO&O, 16 FCC Rcd at 5103-04 (determining members of mutually exclusive groups, and announcing 
procedures for future petitions and amendments to correct defects).
Federal Communications Commission FCC 07-40 
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selected application would serve the public interest.  If no such question exists, we direct the staff to grant 
the applications on the basis of the point system determinations made herein.  
203. With the exception of issues that are novel or require Commission or Administrative Law 
Judge consideration by law, the staff shall act on the tentatively selected applications pursuant to 
delegated authority.  We delegate to the staff authority to act on any routine matter that may be raised, 
including whether the applicant is eligible, as certified, for the points awarded herein.   The staff need not 
refer such matters to the Commission or Administrative Law Judge unless the staff determines that the 
issues are new or novel, or raise a substantial and material question regarding the award of points.  
Generally, the staff should refer only those issues to the Commission where the exclusion of the points in 
question could alter the outcome in the particular NCE group, where another applicant claims it should 
have been awarded enough additional points to make it the tentative selectee, or where a new or novel 
question or substantial and material question of fact otherwise exists.230 In such cases, the staff would 
either designate the application for hearing on the substantial and material question or refer the mutually 
exclusive group to the Commission for resolution of the novel issue and/or the determination of a 
successor tentative selectee.
204.  The resolution of pending mutually exclusive NCE groups should make it possible for the 
Commission to accept new NCE applications, from different parties, and for different facilities than those 
addressed in this Order. We direct the Media Bureau to open a filing window for NCE FM new and major 
change applications in October 2007.  This public notice will provide details on timing and procedures for 
this first NCE FM filing window.  A fall filing window will facilitate Commission outreach efforts to 
educate potential applicants, especially new entrants, about the Commission's NCE filing and licensing 
processes.   Such timing also would be consistent with our goal to dismiss substantially all of the non-
prevailing applications from the 76 groups discussed in this Order and to resolve substantially all other 
remaining NCE groups prior to the window.  Such action would limit to the greatest extent possible the 
universe of records which NCE FM window applicants must protect.
205. 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 
Commissions 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.
  
230 For example, a competing applicant may contest the points awarded to the tentative selectee in its group by 
properly filing a staff-level petition to deny the application in response to the public notice issued by the staff 
announcing the tentative selectee.  The staff would evaluate the petition to determine whether:  (1) assuming 
arguendo the truth of the facts alleged, that the tentative selectee would only be able to claim the same or fewer 
points than the Commission awarded to any competing applicant in the same group; (2) a new or novel question 
exists; and (3) a substantial and material question of fact exists with regard to the challenged award.  If the Bureau 
finds that there are no new or novel questions, or material questions that would cause the tentative selectee to have 
fewer than or the same number of points as another applicant in the group, the staff would act on the petition(s) to 
deny, and by public notice grant the application of the tentative selectee and dismiss the competing mutually 
exclusive application.  This function is consistent with the Bureaus delegated authority.  See 47 C.F.R.  0.61(h), 
0.283. The staff should, however, refer the matter to the Commission or Administrative Law Judge if it answers any 
of the three questions in the affirmative (i.e., it (1) finds that assuming the truth of the facts alleged, the tentative 
selectee would only be able to claim the same or fewer points than the Commission awarded to any competing 
applicant in the same group; (2) finds a new or novel question; or (3) finds a substantial and material question of 
fact).  The Commission or Administrative Law Judge would then resolve new and novel or substantial and material 
factual matters and, if necessary, conduct a new comparative point hearing.        
Federal Communications Commission FCC 07-40 
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VII. ORDERING CLAUSES
206. Accordingly, IT IS ORDERED, That pursuant to Sections 0.61 and 0.283 of the 
Commissions Rules, 47 C.F.R.  0.61, 0.283 and Section 5(c)(1) of the Communications Act of 1934, 
as amended, 47 U.S.C.  155(c)(1), the Chief, Media Bureau, IS DELEGATED authority, subject to the 
general guidance provided in Section III(H) of this Order, to waive Section 73.3573, 47 C.F.R.  73.3573, 
for NCE applications filed prior to 2002, where appropriate consistent with this Order.  
207. IT IS FURTHER 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 Commissions own motion, and appeals.231  
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.
208. IT IS FURTHER ORDERED, That, except as otherwise noted, all petitions to deny and 
informal objections filed in the 76 proceedings herein ARE DISMISSED WITHOUT PREJUDICE.  Any 
party wishing to pursue matters raised in these filings against any tentative selectee must refile its 
objections within the thirty (30) day period for petitions to deny, which period will be established by a 
staff-issued public notice and in accordance with Section 73.7004 of the Commissions Rules.232
209. Group 880611.  Accordingly, IT IS ORDERED, That the Research Foundation, 
California State University, Chico, is TENTATIVELY SELECTED to be awarded a construction permit 
for a new NCE FM station in Redding, California.  We direct the staff to issue a public notice announcing 
the tentative selectee in NCE Group 880611 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public 
notice, TO DISMISS the mutually exclusive application of State of Oregon Acting by and through the 
State Board of Higher Education for the Benefit of Southern Oregon University (File No. BPED-
19900129MH), and TO GRANT the application of the Research Foundation, California State University, 
Chico (File No. BPED-19880610ML) CONDITIONED UPON that selectees compliance with Section 
73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system. 
210. Group 89101E.  Accordingly, IT IS ORDERED, That Hyles-Anderson College is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Crown 
Point, Indiana.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 89101E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Moody Bible Institute (File No. BPED-19910409MF) and TO GRANT 
the application of Hyles-Anderson College (File No. BPED-19891019MA) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system. 
  
231 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).
232 47 C.F.R.  73.3004.
Federal Communications Commission FCC 07-40 
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211. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573 is waived with respect to the ownership change in the tentative selectee, Hyles-
Anderson College.  
212. Group 941116.  Accordingly, IT IS ORDERED, That Positive Alternative Radio, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Ashland, 
Kentucky.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
941116 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of American Family Association (File No. BPED-19941114MA) and TO 
GRANT the application of Positive Alternative Radio, Inc. (File No. BPED-19960328MC) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
213. Group 94123E.  Accordingly, IT IS ORDERED, That Iowa State University of Science 
and Technology is TENTATIVELY SELECTED to be awarded a permit to construct a new NCE FM 
station at Ottumwa, Iowa.  We direct the staff of the Media Bureau to issue a public notice announcing 
the tentative selectee in NCE Group 94123E and establishing a deadline thirty (30) days thereafter 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 Iowa States application, we direct the staff, by public notice, TO 
DISMISS the mutually exclusive applications of Grassroots Broadcasting Company, Inc. (File No. 
BPED-19941209MB) and American Family Association (BPED-19950515ML), and TO GRANT the 
application of Iowa State University of Science and Technology (File No. BPED-19950213MB) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system and also provides that an applicant receiving a Section 307(b) preference that is 
decisive over another applicant must operate technical facilities substantially as proposed for a period of 
four years of on-air operations.     
214. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, Iowa State 
University of Science and Technology.  
215. Group 950215.   Accordingly, IT IS ORDERED, That the application of Fatima 
Response, Inc. d/b/a/ St. Michaels Catholic Radio to construct a new NCE station in McCloud, 
California (File No. BPED-19960503MG) IS DISMISSED.
216. IT IS FURTHER ORDERED, That the application of State of Oregon Acting by and 
Through the State Board of Higher Education for the Benefit of Southern Oregon State College to 
construct a new NCE station in McCloud, California (File No. BPED-19950210MA) IS GRANTED as a 
singleton.  We direct the staff to issue a public notice announcing the grant of that singleton application.
217. Group 95031E.  Accordingly, IT IS ORDERED, That Christian Arts and Education, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Redding, California.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 95031E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of State of Oregon Acting by and Through the State Board of Regents for 
the Benefit of Southern Oregon University (File No. BPED-19950713MB) and TO GRANT the 
application of Christian Arts and Education, Inc. (File No. BPED-19950327MA) CONDITIONED UPON 
Federal Communications Commission FCC 07-40 
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that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which 
sets forth a four-year holding period for applicants that are awarded permits by use of a point system. 
218. Group 95062E.  Accordingly, IT IS ORDERED, That Education Media Corporation is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Rustburg, Virginia.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 95062E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Positive Alternative Radio, Inc. (BPED-19950628MA) and TO 
GRANT the application of. Education Media Corporation (File No. BPED-19960328MD) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
219. Group 95072E.  Accordingly, IT IS ORDERED, That Board of Regents, University of 
Nevada, on behalf of Truckee Meadows Community College is TENTATIVELY SELECTED to be 
awarded a construction permit for a new NCE FM station in Reno, Nevada.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 95072E and establishing a deadline thirty 
(30) days thereafter 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 selectees application, we 
direct the staff TO DISMISS the mutually exclusive applications of Thomas Aquinas School (BPED-
19950718MA) and of Stockton Christian Life College (BPED-19951113MB) and TO GRANT the 
application of Board of Regents, University of Nevada, on behalf of Truckee Meadows Community 
College (File No. BPED-19951127MA) CONDITIONED UPON that selectees compliance with Section 
73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system. 
220. Group 95076E.  Accordingly, IT IS ORDERED, That Iowa State University of Science 
and Technology is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Perry, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 95076E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive application of American Family Association (File No. BPED-19950711MB) and TO GRANT 
the application of Iowa State University of Science and Technology (File No. BPED-19951215ME) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
221. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, Iowa State 
University of Science and Technology.  
222. Group 95083E.  Accordingly, IT IS ORDERED, That Makaainana Broadcasting 
Company, Ltd. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Kaneohe, Hawaii.  We direct the staff to issue a public notice announcing the tentative selectee 
in NCE Group 95083E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive applications of Bible Broadcasting Network, Inc. (File No. BPED-19950814MA) and Calvary 
Chapel of Honolulu, Inc. (File No. BPED-19960416MA) and TO GRANT the application of 
Makaainana Broadcasting Company, Ltd. (File No. BPED-19960418MB) CONDITIONED UPON that 
Federal Communications Commission FCC 07-40 
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selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system. 
223. Group 95095E.  Accordingly, IT IS ORDERED, That Positive Alternative Radios May 
3, 1996, Petition to Deny and WVVA Televisions April 2, 1997, informal objection concerning the 
application of Shofar Broadcasting Corporation (File No. BPED-19950905MD) ARE DISMISSED 
WITHOUT PREJUDICE.
224. IT IS FURTHER ORDERED, That Shofar Broadcasting Corp. is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Beckley, West Virginia.  
We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 95095E and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive application of 
Positive Alternative Radio (File No. BPED-19960502MH) and TO GRANT the application of Shofar 
Broadcasting Corp. (File No. BPED-19950905MD, as modified by BPED-19960226MC) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
225. Group 951129.  Accordingly, IT IS ORDERED, That Good News Ministries, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in St. 
Joseph, Missouri.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 951129 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of Bible Baptist Temple d/b/a Baptist Temple School (File No. BPED-19951121MF), 
American Family Association (File No. BPED-19951129MA), and Community Broadcasting, Inc. (File 
No. BPED-19960517MG) and TO GRANT the application of Good News Ministries, Inc. (File No. 
BPED-19960514MA) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system. 
226. Group 960304.  Accordingly, IT IS ORDERED, That Life Anew Ministries, Inc. d/b/a 
Life Christian Academy is TENTATIVELY SELECTED to be awarded a construction permit for a new 
NCE FM station in Madisonville, Kentucky.  We direct the staff to issue a public notice announcing the 
tentative selectee in NCE Group 960304 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO 
DISMISS the mutually exclusive application of Board of Regents, Murray State University (File No. 
BPED-19960619MD) and TO GRANT the application of Life Anew Ministries, Inc. d/b/a Life Christian 
Academy (File No. BPED-19960328MH) CONDITIONED UPON that selectees compliance with 
Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system. 
227. Group 960813.  Accordingly, IT IS ORDERED, That the University of Northern Iowa is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Bettendorf, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 960813 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of American Family Association (BPED-19960805MA) and TO GRANT the application of 
the University of Northern Iowa (File No. BPED-19970927MA) CONDITIONED UPON that selectees 
Federal Communications Commission FCC 07-40 
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compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system. 
228. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, the University 
of Northern Iowa.  
229. Group 96086E. Accordingly, IT IS ORDERED, That Bible Broadcasting Network, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Fayetteville, North Carolina.  We direct the staff to issue a public notice announcing the tentative selectee 
in NCE Group 96086E and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive application of American Family Association (File No. BPED-19960806MA) and TO GRANT 
the application of Bible Broadcasting Network, Inc. (File No. BPED-19970109MG) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system.
230. Group 960908.  Accordingly, IT IS ORDERED, That Holy Family Communications, 
Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Lancaster, New York.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 960908 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive application of Mary V. Harris Foundation (File No. BPED-19960920MA) and TO GRANT the 
application of Holy Family Communications, Inc. (File No. BPED-19960920MA) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system. 
231. IT IS FURTHER ORDERED, That the Petition for Reconsideration filed by Holy Family 
Communications, Inc. on May 28, 2002, concerning reinstatement of the mutually exclusive application 
filed by Mary V. Harris Foundation (File No. BPED-19970516MA) IS DISMISSED.
232. Group 960911.  Accordingly, IT IS ORDERED, That Okaloosa Public Radio, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Quincy, 
Florida.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
960911 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of American Family Association (File No. BPED-19960911MH) and TO GRANT the 
application of Okaloosa Public Radio, Inc. (File No. BPED-19970326MB) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system. 
233. Group 961010.  Accordingly, IT IS ORDERED, That The Love Station, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Piedmont, Oklahoma.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 961010 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive applications of Educational Media Foundation (File No. BPED-19970110MD), American 
Federal Communications Commission FCC 07-40 
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Family Association (File No. BPED-19970226MB), and Community Broadcasting, Inc. (BPED-
19970313MD), and TO GRANT the application of The Love Station, Inc. (File No. BPED-19961028MB) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system and also provides that an applicant receiving a Section 307(b) preference that is 
decisive over another applicant must operate technical facilities substantially as proposed for a period of 
four years of on-air operations. 
234. Group 961011.  Accordingly, IT IS ORDERED, That the University of Northern Iowa is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Fairfield, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 961011 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of American Family Association (File No. BPED-19961010MC) and TO GRANT the 
application of the University of Northern Iowa (File No. BPED-19970321MB) CONDITIONED UPON 
that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which 
sets forth a four-year holding period for applicants that are awarded permits by use of a point system. 
235. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, the University 
of Northern Iowa.  
236. Group 961121.  Accordingly, IT IS ORDERED, That Life Radio Ministries, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Peachtree City, Georgia.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 961121 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive applications of Community Public Radio, Inc. (BPED-19961104MD) and Augusta Radio 
Fellowship Institute, Inc. (BPED-19970416ME) and TO GRANT the application of Life Radio 
Ministries, Inc. (File No. BPED-19970416MF) CONDITIONED UPON that selectees compliance with 
Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005 which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system. 
237. Group 970111.  Accordingly, IT IS ORDERED, That the University of Northern Iowa is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Ottumwa, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970111 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of American Family Association (File No. BPED-19970108MI) and TO 
GRANT the application of the University of Northern Iowa (File No. BPED-19970321MA) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005 which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system
238. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, the University 
of Northern Iowa.  
239. Group 970113.  Accordingly, IT IS ORDERED, That Great Commission Broadcasting 
Corp. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Federal Communications Commission FCC 07-40 
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Kirksville, Missouri.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970113 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the
mutually exclusive application of American Family Association (File No. BPED-19970113MB) and TO 
GRANT the application of Great Commission Broadcasting Corp. (File No. BPED-19970806MA) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
240. Group 970209.  Accordingly, IT IS ORDERED, That The Colleges of the Seneca is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Ithaca, 
New York and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public 
notice announcing the tentative selectee in NCE Group 970209, accepting its application, and establishing 
a deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
WSKG Public Telecommunications Council (File No. BPED-19970212MB) and TO GRANT the 
application of The Colleges of the Seneca (File No. BPED-19970411MC) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system.  
241. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, The Colleges 
of the Seneca.  
242. Group 970310.  Accordingly, IT IS ORDERED, That La Cadena Mundial Hispana, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Painesville, Ohio.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970310 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of Baldwin-Wallace College (File No. BMPED-19970303IB) and TO GRANT the application 
of La Cadena Mundial Hispana, Inc. (File No. BPED-19970311MA) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system. 
243. Group 970312.  Accordingly, IT IS ORDERED, That Lincoln High School is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Esko, 
Minnesota.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
970312 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of State of Wisconsin, Educational Communications Board (File No. BPED-19971211MC) 
and American Family Association (File No. BPED-19971211MN), and TO GRANT the application of. 
Lincoln High School (File No. BPED-19970331MA) CONDITIONED UPON that selectees compliance 
with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year 
holding period for applicants that are awarded permits by use of a point system. 
244. Group 970514.  Accordingly, IT IS ORDERED, That Southwest Allen County Schools 
is TENTATIVELY SELECTED to be awarded a construction permit to modify the facilities of 
WCYT(FM), Lafayette Township, Indiana.  We direct the staff to issue a public notice announcing the 
tentative selectee in NCE Group 970514 and establishing a deadline thirty (30) days thereafter for the 
Federal Communications Commission FCC 07-40 
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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 selectees application, we direct the staff TO 
DISMISS the mutually exclusive application of American Family Association (File No. BPED-
19970501MF) and TO GRANT the application of Southwest Allen County Schools (File No. BPED-
19970919MB) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system. 
245. Group 970520.  Accordingly, IT IS ORDERED, That the University of Northern Iowa is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Marion, 
Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 970520 
and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive applications 
of American Family Association (File No. BRED-19970505MC) and Florida Public Radio, Inc. (BRED-
19971030MN), and TO GRANT the application of the University of Northern Iowa (File No. BPED-
19971110MC) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system. 
246. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, the University 
of Northern Iowa.  
247. Group 970630.  Accordingly, IT IS ORDERED, That Sirius Syncope, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCC-FM station in Peoria, 
Illinois.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
970630 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive applications of Pinebrook Foundation, Inc. (BPED-19970630MC) and American 
Family Association (File No. BPED-19970703MF) and TO GRANT the application of the Sirius 
Syncope, Inc. (File No. BPED-19980319MJ) CONDITIONED UPON that selectees compliance with 
Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system.  
248. Group 970631.  Accordingly, IT IS ORDERED, That St. Gabriel Communications, Ltd. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Ponca, 
Nebraska and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public 
notice announcing the tentative selectee in NCE Group 970631, accepting its application for filing, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive application filed 
by American Family Association (File No. BPED-19970612MH) and TO GRANT the application of St. 
Gabriel Communications, Ltd. (File No. BPED-19980318MD) CONDITIONED UPON that selectees 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system. 
249. Group 970726.  Accordingly, IT IS ORDERED, That Mary V. Harris Foundation is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Strasburg, Colorado.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970726, and establishing a deadline thirty (30) days thereafter 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 
Federal Communications Commission FCC 07-40 
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grantability of the tentative selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of JPI Radio, Inc. (File No. BPED-19970728MA) and CSN International (File No. BPED-
19980417MI), and TO GRANT the application of Mary V. Harris Foundation (File No. BPED-
19980420MJ) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system.
250. Group 970730.  Accordingly, IT IS ORDERED, That Moody Bible Institute of Chicago 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Missoula, Montana.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970730 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of American Family Association (File No. BPED-19970915MD), and TO 
GRANT the application of the Moody Bible Institute of Chicago (File No. BPED-19970716MA) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.  
251. Group 970738.  Accordingly, IT IS ORDERED, That Denver Educational Broadcasting, 
Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Vail, Colorado.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 970738 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of Public Broadcasting of Colorado, Inc. (File No. BPED-19970714MB), and TO GRANT the 
application of Denver Educational Broadcasting, Inc. (File No. BPED-19980123MO) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system. 
252. IT IS FURTHER ORDERED, That Denver Educational Broadcasting, Inc.s July 16, 
2004, amendment requesting two points for diversity of ownership, or in the alternative, a waiver of the  
July 19, 2001, deadline for filing point supplements, IS DENIED.  
253. Group 970815.  Accordingly, IT IS ORDERED, That Okaloosa Public Radio, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Monroeville, Alabama.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 970815 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive application of American Family Association (File No. BPED-19980226MD) and TO GRANT 
the application of Okaloosa Public Radio, Inc. (File No. BPED-19980108MG) CONDITIONED UPON 
that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which 
sets forth a four-year holding period for applicants that are awarded permits by use of a point system.
254. IT IS FURTHER ORDERED, That the 2001 Petition for Declaratory Ruling filed by 
Okaloosa Public Radio, Inc. concerning the extent to which the mutually exclusive application of 
American Family Association (File No. BPED-19980226MD) can be considered for points IS 
DISMISSED AS MOOT.
Federal Communications Commission FCC 07-40 
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255. Group 970823.  Accordingly, IT IS ORDERED, That the request of Mary V. Harris 
Foundation for waiver of the deadline for filing of point supplements IS DENIED and that its application 
(File No. BPED-19980225MH) IS DISMISSED for failure to timely file a point supplement.
256. IT IS FURTHER ORDERED, That Spokane Public Radio is TENTATIVELY SELECTED 
to be awarded a construction permit for a new NCE FM station in Spokane, Washington.  We direct the 
staff to issue a public notice announcing the tentative selectee in NCE Group 970823 and establishing a 
deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff TO DISMISS the mutually exclusive application of American Family 
Association (File No. BPED-19970820MA) and TO GRANT the application of Spokane Public Radio 
(File No. BPED-19980224MA) CONDITIONED UPON that selectees compliance with Section 73.7005 
of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system.
257. Group 970928.  Accordingly, IT IS ORDERED, That Empire Broadcasting Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Buras, 
Louisiana and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public 
notice announcing the tentative selectee in NCE Group 970928, accepting its application, and establishing 
a deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
American Family Association (File No. BPED-19970903MA) and TO GRANT the application of Empire 
Broadcasting Inc. (File No. BPED-19980226MB) CONDITIONED UPON that selectees compliance 
with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year 
holding period for applicants that are awarded permits by use of a point system.
258. Group 97091E.  Accordingly, IT IS ORDERED, That Upper Columbia Media 
Association is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Clarkston, Washington.  We direct the staff to issue a public notice announcing the tentative 
selectee in NCE Group 97091E, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the 
mutually exclusive application of Living Faith Fellowship Educational Ministries (File No. 
19980123MB) and TO GRANT the application of Upper Columbia Media Association (File No. BPED-
19970910MC) CONDITIONED UPON compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.
259. Group 971015.  Accordingly, IT IS ORDERED, That Marshalltown Education Plus, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Marshalltown, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 971015 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of American Family Association (File No. BPED-19971009MA) and TO 
GRANT the application of Marshalltown Education Plus, Inc. (File No. BPED-19980417MH) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.  
260. Group 971019.  Accordingly, IT IS ORDERED, That Temple University of the 
Commonwealth System of Higher Education is TENTATIVELY SELECTED to be awarded a 
Federal Communications Commission FCC 07-40 
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construction permit for a new NCE FM station in Coatesville, Pennsylvania, and that its application is 
ACCEPTED FOR FILING.  We direct the staff to issue a public notice announcing the tentative selectee 
in NCE Group 971019, accepting its application, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO 
DISMISS the mutually exclusive applications of American Family Association (File No. BPED-
19980204MA) and Family Stations, Inc. (File No. BPED-19980512MB), and TO GRANT the application 
of Temple University of the Commonwealth System of Higher Education (File No. BPED-19980512MF) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.
261. Group 980111.  Accordingly, IT IS ORDERED, That Minn-Iowa Christian Broadcasting 
Foundation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in New Ulm, Minnesota.  We direct the staff to issue a public notice accepting the application of 
MICBF, announcing the tentative selectee in NCE Group 980111, and establishing a deadline thirty (30) 
days thereafter 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 selectees application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of American Family 
Association (File No. BPED-19980105MD) and TO GRANT the application of Minn-Iowa Christian 
Broadcasting Foundation (File No. BPED-19980602MC) CONDITIONED UPON that selectees 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system.
262. Group 980301.  Accordingly, IT IS ORDERED, That the Application for Review filed 
by Richland Center Fellowship IS DENIED.
263. IT IS FURTHER ORDERED, That the application of the State of Wisconsin Educational 
Communications Board (WECB) to construct a new NCE station in Adams, Wisconsin (File No. 
BPED-19980826MH) shall be processed as a singleton.  We direct the staff to issue a public notice 
accepting the singleton application of WECB and establishing a deadline thirty (30) days thereafter 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 WECBs singleton application, we direct the staff, by 
public notice, TO GRANT the WECB application (File No. BPED-19980826MH).
264. Group 98033P.  Accordingly, IT IS ORDERED, That American Family Association is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Hickory, 
North Carolina.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 98033P and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Radio Training Network, Inc. (File No. BPED-19980814MQ) and TO 
GRANT the application of American Family Association (File No. BPED-19980316MB) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.  
265. Group 9803HL.  Accordingly, IT IS ORDERED, That Coos Bay School District 9 is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Coos 
Bay, Oregon and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public 
notice announcing the tentative selectee in NCE Group 9803HL, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 
Federal Communications Commission FCC 07-40 
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tentative selectees application, we direct the staff TO DISMISS the mutually exclusive application of 
Family Stations, Inc. (BPED-19980923MG) and TO GRANT the application of Coos Bay School District 
9 (File No. BPED-19980810MC) CONDITIONED UPON that selectees compliance with Section 
73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system. 
266. Group 980401.  Accordingly, IT IS ORDERED, That University of Wyoming is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Laramie, 
Wyoming.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
980401 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of American Family Association (File No. BPED-19980407MD), Educational 
Communications of Colorado Springs, Inc. (File No. BRED-19980825MD), and Colorado Christian 
University (File No. BRED-19980825ME), and TO GRANT the application of University of Wyoming 
(File No. BPED-19980826MK) CONDITIONED UPON that selectees compliance with Section 73.7005 
of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system. 
267. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, University of 
Wyoming.  
268. Group 980404.   Accordingly, IT IS ORDERED, That Cornerstone Baptist Educational 
Ministries, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Benton Harbor, Michigan, and that its application is ACCEPTED FOR FILING.  We direct the 
staff to issue a public notice announcing the tentative selectee in NCE Group 980404, accepting its 
application, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of American Family Association (File No. BPED-19980401MA) and TO GRANT the 
application of Cornerstone Baptist Educational Ministries, Inc. (File No. BPED-19980909MQ) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.
269. Group 980415.  Accordingly, IT IS ORDERED, That the request of Mary V. Harris 
Foundation for waiver of the deadline for the filing of point supplements IS DENIED and that its 
application (File No. BPED-19981202MG) IS DISMISSED for failure to timely file a point supplement.
270. IT IS FURTHER ORDERED, That Forum Communications Companys November 4, 
1999, Petition to Deny the Application of Selah Corporation (File No. BPED-19981201MA) IS 
DISMISSED WITHOUT PREJUDICE.
271. IT IS FURTHER ORDERED, That Selah Corporation is TENTATIVELY SELECTED 
to be awarded a construction permit for a new NCE FM station in Horace, North Dakota.  We direct the 
staff to issue a public notice announcing the tentative selectee in NCE Group 980415 and establishing a 
deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff TO DISMISS the mutually exclusive application of Pioneer Public 
Broadcasting Company, Inc. (File No. BPED-19980427MQ) and TO GRANT the application of Selah 
Corporation (File No. BPED-19981201MA) CONDITIONED UPON that selectees compliance with 
Federal Communications Commission FCC 07-40 
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Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system. 
272. Group 98043S.  Accordingly, IT IS ORDERED, That the University of Kentucky is 
TENTATIVELY SELECTED to be awarded a construction permit to modify the facilities of WRFL(FM), 
Lexington, Kentucky, and that it application is ACCEPTED FOR FILING.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 98043S, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive application of 
American Family Association (File No. BPED-19980213ME) and TO GRANT the application of the 
University of Kentucky (File No. BMJPED-19980922MF) CONDITIONED UPON that selectees 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system. 
273. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, University of 
Kentucky.  
274. Group 980510.  Accordingly, IT IS ORDERED, That Central Florida Educational 
Foundation, Inc. is TENTATIVELY SELECTED to be awarded a construction permit to modify the 
facilities of WPOZ(FM), Union Park, Florida and that its application is ACCEPTED FOR FILING.  We 
direct the staff to issue a public notice announcing the tentative selectee in NCE Group 980510, accepting 
its application for filing, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually 
exclusive applications of CSN International (File No. BPED-19980519MD) and Florida Public Radio, 
Inc. (BPED-19981110MK), and TO GRANT the application of Central Florida Educational Foundation, 
Inc. (File No. BMPED-19990511IA) CONDITIONED UPON that selectees compliance with Section 
73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for 
applicants that are awarded permits by use of a point system. 
275. Group 980605. Accordingly, IT IS ORDERED, That Iowa State University of Science 
and Technology is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Oskaloosa, Iowa and that its application is ACCEPTED FOR FILING.  We direct the staff to 
issue a public notice announcing the tentative selectee in NCE Group 980605, accepting its application, 
and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually 
exclusive applications of Salt and Light Communications, Inc. (File No. BPED-19980630MC) and 
Family Stations, Inc. (File No. BPED-19981215MC), and TO GRANT the application of Iowa State 
University of Science and Technology (File No. BPED-19981215MA) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system.  
276. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, Iowa State 
University of Science and Technology.  
277. Group 980609.  Accordingly, IT IS ORDERED, That Community Public Radio, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in La 
Grange, Georgia.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 980609 and establishing a deadline thirty (30) days thereafter for the filing of petitions to deny.  If, 
Federal Communications Commission FCC 07-40 
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after the petition to deny period has run, there is no substantial and material question concerning the 
grantability of the tentative selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Family Stations, Inc. (File No. BPED-19981203MJ) and TO GRANT 
the application of Community Public Radio, Inc. (File No. BPED-19980604MA) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system.
278. Group 980616.  Accordingly, IT IS ORDERED, That Post-Newsweek Stations, Orlando, 
Inc.s July 17, 2001, Informal Objection to the Application of Daystar Public Radio, Inc. (File No. BPED-
19981231MB) and a similar argument filed by Central Florida Educational Foundation, Inc. with its June, 
1, 2001, point supplement ARE DISMISSED WITHOUT PREJUDICE.
279. IT IS FURTHER ORDERED, That Daystar Public Radio, Inc. is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Favoretta, Florida.  We 
direct the staff to issue a public notice announcing the tentative selectee in NCE Group 980616 and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive applications of 
Christian Educational Association (File No. BPED-19980610MB), Good Idea, Inc. (File No. BPED-
19990104MA), Pathway Public Radio (File No. BPED-1990104MB), Community Public Radio, Inc. 
(File No. BPED-1990104MN), and Central Florida Educational Foundation, Inc. (File No. BPED-
19990104MP), and TO GRANT the application of Daystar Public Radio, Inc. (File No. BPED-
19981231MB) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system and also provides that an applicant receiving a Section 
307(b) preference that is decisive over another applicant must operate technical facilities substantially as 
proposed for a period of four years of on-air operations.
280. Group 980619.  Accordingly, IT IS ORDERED, That Educational Communications of 
Colorado Springs, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new 
NCE FM station in Laramie, Wyoming.  We direct the staff to issue a public notice accepting the 
application of ECCS, announcing the tentative selectee in NCE Group 980619, and establishing a 
deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of Salt 
and Light Communications, Inc. (File No. BPED-19980625MB) and TO GRANT the application of 
Educational Communications of Colorado Springs, Inc. (File No. BPED-19990601MG) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system.  
281. Group 9806PP.  Accordingly, IT IS ORDERED, That Houston Christian Broadcasters, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Sealy, 
Texas, and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public notice 
announcing the tentative selectee in NCE Group 9806PP, accepting its application, and establishing a 
deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff TO DISMISS the mutually exclusive application of Christian Educational 
Association and TO GRANT the application of Houston Christian Broadcasters, Inc. (File No. BPED-
19990319MC) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system.
Federal Communications Commission FCC 07-40 
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282. Group 980704.   Accordingly, IT IS ORDERED, That William Jewell College is 
TENTATIVELY SELECTED to be awarded a construction permit to modify the facilities of KWJC(FM),  
Liberty, Missouri.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 980704, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of Community Broadcasting, Inc. (File No. BPED-19990104MM) and TO GRANT the 
application of William Jewell College (File No. BPED-19980717MA) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system.
283. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, William Jewell 
College.  
284.  Group 980801.  Accordingly, IT IS ORDERED, That Friends of Radio Maria, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Peshtigo, Wisconsin.  We direct the staff to issue a public notice accepting the application of FRM, 
announcing the tentative selectee in NCE Group 980801, and establishing a deadline thirty (30) days 
thereafter 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 selectees application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of VCY America Inc. 
(File No. BPED-19980811MH) and TO GRANT the application of Friends of Radio Maria, Inc. (File No. 
BPED-19990120MD) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R. 73.7005 which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system. 
285. Group 980805.  Accordingly, IT IS ORDERED, That the University of Wyoming is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Laramie, 
Wyoming.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
980805 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive applications of Educational Communications of Colorado Springs, Inc. (File No. 
BPED-19990310MI), and WCN, Inc. (File No. BPED-19990311MO) and TO GRANT the application of 
the University of Wyoming (File No. BPED-19980826MA) CONDITIONED UPON that selectees 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system.  
286. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, University of 
Wyoming.  
287. Group 980815.  Accordingly, IT IS ORDERED, That Kids First, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Zionsville, Indiana, and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 980815, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive application of 
Mary V. Harris Foundation (File No. BPED-19950510MG) and TO GRANT the application of Kids 
First, Inc. (File No. BPED-19980918MG) CONDITIONED UPON that selectees compliance with 
Federal Communications Commission FCC 07-40 
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Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system. 
288. Group 980902.  Accordingly, IT IS ORDERED, That CCS Radio, Inc. is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Beaumont, Texas.  We 
direct the staff to issue a public notice announcing the tentative selectee in NCE Group 980902 and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
application of Friends of Radio Maria, Inc. (File No. BPED-19990311ME) and TO GRANT the 
application of CCS Radio, Inc. (File No. BPED-19980911MB) CONDITIONED UPON that selectees 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system.  
289. Group 980910.  Accordingly, IT IS ORDERED, That Minn-Iowa Christian Broadcasting, 
Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Windom, Minnesota and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 980910, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
application of American Family Association (File No. BPED-19980925MA) and TO GRANT the 
application of Minn-Iowa Christian Broadcasting, Inc. (File No. BPED-19981215MB) CONDITIONED 
UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, 
which sets forth a four-year holding period for applicants that are awarded permits by use of a point 
system.
290. Group 981003.  Accordingly, IT IS ORDERED, That Section 73.7003(b)(2) of the 
Commissions Rules, 47 C.F.R.   73.7003(b)(2), IS WAIVED to permit Henderson State University to 
exclude Class D FM station KSWH-FM, Arkadelphia, Arkansas for purposes of receiving local diversity 
of ownership points. 
291. IT IS FURTHER ORDERED, That Henderson State University is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Arkadelphia, Arkansas 
and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public notice 
announcing the tentative selectee in NCE Group 981003, accepting its application, and establishing a 
deadline thirty (30) days thereafter 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 selectees 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
Bright Light Broadcasting, Inc. (File No. BPED-19981030MC) and TO GRANT the application of 
Henderson State University (File No. BPED-19990318MB) CONDITIONED UPON its relinquishment 
of the license for Class D FM station KSWH-FM, Arkadelphia, Arkansas, and its compliance with 
Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system.  
292. Group 981005.   Accordingly, IT IS ORDERED, That Friends of Radio Maria, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
DIberville, Mississippi and that its application is ACCEPTED FOR FILING.  We direct the staff to issue 
a public notice announcing the tentative selectee in NCE Group 981005, accepting its application for 
filing, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive applications 
of Greater Mississippi Broadcasting, Inc. (File No. BPED-19981026MB), American Family Association 
Federal Communications Commission FCC 07-40 
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(File No. BPED-19990507MC), and Bible Broadcasting Network, Inc. (File No. BPED-19990510MC), 
and TO GRANT the application of Friends of Radio Maria, Inc. (File No. BPED-19990510MJ) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
293. Group 981010.  Accordingly, IT IS ORDERED, That Billings Community Cable 
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Billings, Montana.  We direct the staff to issue a public notice announcing the tentative selectee 
in NCE Group 981010 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS 
the mutually exclusive application of Solid Rock Broadcasting, Inc. (File No. BPED-19981030MB) and 
TO GRANT the application of Billings Community Cable Corporation (File No. BPED-19990602MJ) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.  
294. Group 981106.  Accordingly, IT IS ORDERED, That Houston Christian Broadcasters, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Camp 
Wood, Texas.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 
981106 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Christian Educational Association (File No. BPED-19990601MB) and 
TO GRANT the application of Houston Christian Broadcasters, Inc. (File No. BPED-19981119MB) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system.
295. Group 981209. Accordingly, IT IS ORDERED, That Family Stations, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Janesville, Wisconsin and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 981209, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
application of VCY America, Inc. (File No. BPED-19981224MA) and TO GRANT the application of 
Family Stations, Inc. (File No. BPED-19990719MI) CONDITIONED UPON that selectees compliance 
with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year 
holding period for applicants that are awarded permits by use of a point system.   
296. Group 981212.  Accordingly, IT IS ORDERED, That Indiana Community Radio 
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Madisonville, Kentucky and that its application is ACCEPTED FOR FILING.  We direct the 
staff to issue a public notice announcing the tentative selectee in NCE Group 981212, accepting its 
application, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Pennyrile Christian Community, Inc. (File No. BPED-19981211MA) 
and TO GRANT the application of Indiana Community Radio Corporation (File No. BPED-
19991117ABJ) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Federal Communications Commission FCC 07-40 
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Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system. 
297. Group 990101.  Accordingly, IT IS ORDERED, That the University of Northern Iowa is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Oskaloosa, Iowa.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 990101 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the 
mutually exclusive application of Solid Rock Broadcasting, Inc. (File No. BPED-19990428MD) and TO 
GRANT the application of the University of Northern Iowa (File No. BPED-19990113MA) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded points by 
use of a point system.
298. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, the University 
of Northern Iowa.  
299. Group 990109.  Accordingly, IT IS ORDERED, That Upper Columbia Media 
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in West Clarkston, Washington and its application is ACCEPTED FOR FILING.  We direct the 
staff to issue a public notice, announcing the tentative selectee in NCE Group 990109, accepting its 
application, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of Moody Bible Institute of Chicago (File No. BPED-19991004AAC) and TO GRANT the 
application of Upper Columbia Media Corporation (BPED-19990129MD) CONDITIONED UPON 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a 
four-year holding period for applicants that are awarded permits by use of a point system. 
300. Group 9901XP.  Accordingly, IT IS ORDERED, That Merritt Island Public Radio, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Merritt Island, Florida, and that its application is ACCEPTED FOR FILING.  We direct the staff to issue 
a public notice announcing the tentative selectee in NCE Group 9901XP, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive applications of 
CSN International (File No. BPED-1999012MA), Black Media Works, Inc. (File No. BPED-
19990730MA), and Central Florida Educational Foundation, Inc. (File No. BPED-19990730MB), and TO 
GRANT the application of Merritt Island Public Radio, Inc. (File No. BPED-19990730MD) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
301. Group 990306.  Accordingly, IT IS ORDERED, That the application of KUTE, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Durango, Colorado.  We direct the staff to issue a public notice announcing the tentative selectee in NCE 
Group 990306, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of San Juan College (File No. BRED-19990318MG) and North Fork Valley Radio, Inc. (File 
No. BRED-19990329IA), and TO GRANT the application of KUTE, Inc. (File No. BPED-19990505MA) 
Federal Communications Commission FCC 07-40 
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CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47 
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system and also provides that an applicant receiving a Section 307(b) preference that is 
decisive over another applicant must operate technical facilities substantially as proposed for a period of 
four years of on-air operations.
302. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, KUTE, Inc.  
303. Group 990307.  Accordingly, IT IS ORDERED, That Cornerstone Community Radio, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Woodstock, Illinois and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 990307, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
application of Family Stations, Inc. (File No. BPED-19990917MI) and TO GRANT the application of 
Cornerstone Community Radio, Inc. (File No. BPED-19990917MM) CONDITIONED UPON that 
selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets 
forth a four-year holding period for applicants that are awarded permits by use of a point system.  
304. Group 9903TP.  Accordingly, IT IS ORDERED, That Moody Bible Institute of Chicago is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Jackson, 
Wyoming and that its application is ACCEPTED FOR FILING.  We direct the staff to issue a public 
notice announcing the tentative selectee in NCE Group 9903TP, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
application of Abundant Life Broadcasting (File No. BPED-19990301MA) and TO GRANT the 
application of Moody Bible Institute of Chicago (File No. BNPED-19991214ACD) CONDITIONED 
UPON its relinquishment of the license for FM translator station K216CI, Jackson, Wyoming, and 
compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R. 73.7005 which sets forth a four-
year holding period for applicants that are awarded permits by use of a point system.  
305. Group 990403.  Accordingly, IT IS ORDERED, That Kayser Broadcast Ministries, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Marion, 
Ohio.  We direct the staff to issue a public notice announcing the tentative selectee in NCE Group 990403 
and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS the mutually 
exclusive application of Cedarville University (File No. BPED-19990610MF) and TO GRANT the 
application of Kayser Broadcast Ministries, Inc. (File No. BPED-19990426MB) CONDITIONED UPON 
that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which 
sets forth a four-year holding period for applicants that are awarded permits by use of a point system.  
306. Group 990408.  Accordingly, IT IS ORDERED, That the request of Mary V. Harris 
Foundation for waiver of the due date for point supplements IS DENIED and that its application (File No. 
BPED-20000118AEN) IS DISMISSED for failure to file a timely point supplement.
307. IT IS FURTHER ORDERED, That CSN International is TENTATIVELY SELECTED 
to be awarded a construction permit for a new NCE FM station in Brunswick, Ohio and that its 
application is ACCEPTED FOR FILING.  We direct the staff to issue a public notice announcing the 
tentative selectee in NCE Group 990408, accepting its application for filing, and establishing a deadline 
Federal Communications Commission FCC 07-40 
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thirty (30) days thereafter 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 selectees 
application, we direct the staff TO DISMISS the mutually exclusive applications of Cedarville University 
(File No. BPED-19990407ME) and Educational Media Foundation (File No. BNPED-20000118AAR), 
and TO GRANT the application of CSN International (File No. BNPED-20000118AAK) 
CONDITIONED UPON that selectees compliance with Section 73.7005 of the Commissions Rules, 47
C.F.R.  73.7005, which sets forth a four-year holding period for applicants that are awarded permits by 
use of a point system. 
308. Group 990508.  Accordingly, IT IS ORDERED, That the application of Youngshine 
Media, Inc. is ACCEPTED FOR FILING and that it is TENTATIVELY SELECTED to be awarded a 
construction permit for a new NCE FM station in Hopatcong, New Jersey.  We direct the staff to issue a 
public notice announcing the tentative selectee in NCE Group 990508, accepting its application, and 
establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive applications of 
CSN International (File No. BPED-19991029AAH) and Educational Media Foundation (File No. 
BNPED-19991101ABJ), and TO GRANT the application of Youngshine Media, Inc. (File No. BNPED-
19991104AAH) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system and also provides that an applicant receiving a Section 
307(b) preference that is decisive over another applicant must operate technical facilities substantially as 
proposed for a period of four years of on-air operations.     . 
309. Group 990512.  Accordingly, IT IS ORDERED, That the University of Massachusetts is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in
Marshfield, Massachusetts and that its application is ACCEPTED FOR FILING.  We direct the staff to 
issue a public notice announcing the tentative selectee in NCE Group 990512, accepting its application 
for filing, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
application of The Talking Information Center, Inc. (File No. BPED-20000118ADQ) and TO GRANT 
the application of University of Massachusetts (File No. BNPED-2000118ABT) CONDITIONED UPON 
that selectees compliance with Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which 
sets forth a four-year holding period for applicants that are awarded permits by use of a point system. 
310. Group 990607.  Accordingly, IT IS ORDERED, That Lower Cape Communications, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Orleans, Massachusetts.  We direct the staff to issue a public notice announcing the tentative selectee in 
NCE Group 990607 and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff, by public notice, TO DISMISS 
the mutually exclusive application of The University of Massachusetts, Boston (File No. BNPED-
20000118ABS) and TO GRANT the application of Lower Cape Communications, Inc. (File No. BPED-
19990618MA) CONDITIONED UPON that selectees compliance with Section 73.7005 of the 
Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding period for applicants that 
are awarded permits by use of a point system.  
311. IT IS FURTHER ORDERED, That Section 73.3573 of the Commissions Rules, 47 
C.F.R.  73.3573, is waived with respect to the ownership change in the tentative selectee, Lower Cape 
Communications, Inc.  
Federal Communications Commission FCC 07-40 
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312. Group 990609.  Accordingly, IT IS ORDERED, That WWN Educational Radio 
Corporation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Barnegat, New Jersey, and that its application is ACCEPTED FOR FILING.  We direct the staff 
to issue a public notice announcing the tentative selectee in NCE Group 990609, accepting its application 
for filing, and establishing a deadline thirty (30) days thereafter 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 selectees application, we direct the staff TO DISMISS the mutually exclusive 
applications of Hope Christian Church of Marlton, Inc. (File No. BPED-19990629MA) and JC Radio, 
Inc. (File No. BNPED-20000503ABB), and TO GRANT the application of WWN Educational Radio 
Corporation (File No. BNPED-20000502AAI) CONDITIONED UPON that selectees compliance with 
Section 73.7005 of the Commissions Rules, 47 C.F.R.  73.7005, which sets forth a four-year holding 
period for applicants that are awarded permits by use of a point system.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
Federal Communications Commission FCC 07-40 
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APPENDIX
Noncommercial Educational Groups
1.  The Appendix consists of a 6-page chart and this explanatory text. The chart lists each 
proceeding chronologically by group number, i.e., from oldest to most recently filed group. Boldface type 
is used to designate the applicant in each group that the Commission has tentatively selected to receive a 
construction permit, as well as the decisive factors in the Commissions determination.  Thus, the chart 
highlights the point total of applicants selected because they had the highest number of points, and 
highlights the number of existing authorizations of applicants selected by tie-breaker.  
2.  An entry of n/a in the Appendixs Section 307(b) column indicates that Section 307(b) 
principles are not applicable to that mutually exclusive application, typically because each of the 
applicants in the group proposed to serve the same community.  We also used this n/a designation for 
late-filed or otherwise defective submissions, which were eliminated from the group prior to our 
consideration of Section 307(b) factors.  When applicants propose service to different communities, the 
Appendix identifies each applicants eligibility for Section 307(b) consideration with a yes or no 
entry.233 Where applicable, the Appendix lists the population which each applicant claims would receive 
a new first service or aggregated first and second service.  The Appendix includes population numbers 
only to the extent that such information is material to the analysis.  For example, if no applicant in a group 
claimed a preference based on first service alone, the Appendix does not report first service data.  Instead, 
that data would be included in the aggregated first and second service numbers, if the applicants claimed a 
preference on that basis.  If an applicant is eliminated on the basis of a Section 307(b) analysis, that 
outcome is noted as Elim on 307b in the Appendix. Section IV or this Order and the Appendix contain 
additional information from which the reader can ascertain the reason that Section 307(b) was not 
determinative in a particular group.   
3.   With respect to points, the Appendix to this Order places three points in the Established 
Local Applicant column, two points in the Diversity of Ownership column, and two points in the 
Statewide Network column of each applicant satisfying the respective requirements for receipt of such 
points.  Applicants that do not satisfy those requirements receive no points in the respective columns.  An 
applicant may receive zero, one, or two points in the Best Technical Parameters column depending upon 
the size of the area and population to be covered by its proposed station.  In the case of a tie, the 
Appendix lists any tiebreaker factors considered including the number of attributable authorizations 
reported by each tied applicant.  Any applications that did not proceed to a tiebreaker because they were 
entitled to fewer points than the tied applicants are designated with the note Elim Points.  
4. Notes are also used to describe certain application characteristics.  For example, 
applications to modify existing NCE stations are designated with the note Mod to distinguish them 
from the majority of applications which propose to construct new stations.  The note Exclude Trans is 
used to identify applicants which excluded existing translators from their diversity showings by pledging 
to request cancellation of the translator upon commencement of full service operations.  Additional 
commonly used notes include Pts Adjust (reflecting our determination to award fewer points than the 
applicant claimed); and Waiver Gr or Waiver Den (reflecting grant or denial of a rule waiver 
request).  The most commonly use of Waiver Gr involves applicants that underwent a majority change in 
ownership, as reflected in a comparison of the ownership interests disclosed in the original application 
  
233 The no designation is used when applicants propose to serve different communities, but each certifies that it 
would not qualify for a Section 307(b) preference because it would not provide a new first or second service to ten 
percent of the population within its respective service area.  
Federal Communications Commission FCC 07-40 
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and supplemental ownership reports or amendments submitted by the applicant.  Notes used less 
frequently include Singleton (the application is no longer mutually exclusive with any other 
application); Moot Petit or Pet Dismiss (a petition to deny or petition for reconsideration was 
dismissed or found to be moot); Waiver Moot (the applicants waiver request is moot); A4R denied 
(denial of an Application for Review); and Tech Param (a textual discussion of points awarded for 
technical parameters is helpful to understanding the points awarded).  
5. Finally, the Appendix contains a See Text column which refers the reader to a section 
or footnote within the text, typically in connection with a listed note.  References to textual discussion are 
generally reserved for applications with omissions, errors, novel arguments, or which required 
consideration of rule waivers.  The See Text column is blank for most applications because the 
applicants did not raise issues that required an analysis of these types of issues.   
[Insert Chart Here]
Federal Communications Commission FCC 07-40 
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STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re:  Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to 
Construct New or Modified Noncommercial Educational (NCE) FM Stations
Noncommercial educational stationstraditional public broadcasting, as well as other stations 
licensed to universities, churches, and municipalitieshave been fulfilling their educational mission to 
their communities for decades. In this era of increasingly non-local, hyper-commercialized, homogenized 
radio, it becomes especially important that the FCC preserve and advance programslike our NCE FM 
licensing rulesthat give great weight to diversity of ownership and localism.  
I am therefore pleased to support todays item granting 76 applications to construct FM radio 
stations.  I also hope that the Commission acts swiftly on any petitions to deny the permits we tentatively 
award today.  The important thing is that the stations we establish today get on the air as soon as is 
practicable.  
I am also pleased that our decision directs the Bureau to issue a Public Notice that will give 
applicants at least six months notice of our next filing window, which will be the first such window in a 
very long time.  This substantial lead time will give potential applicantsincluding non-traditional 
stakeholders, such as Native American groupssufficient time to develop their applications, while at the 
same time ensuring that the new filing window opens in a timely fashion.
Federal Communications Commission FCC 07-40 
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STATEMENT OF 
COMMISSIONER JONATHAN S. ADELSTEIN
Re:  Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to 
Construct New or Modified Noncommercial Educational FM Stations
I am pleased to support this Order granting seventy-six permits to construct or modify 
noncommercial educational (NCE) stations on the reserved FM band.  NCE stations represent the best of 
local radio. They are organized, owned, and operated by local community organizations, schools, and 
churches throughout this country.  In many communities, they often represent one of the last vestiges of 
local ownership, local news and reporting, and local community involvement.
In today's Order, we implement a new point system to resolve mutually exclusive applications for 
NCE FM radio stations, and we clear some backlog -- approximately 200 competing applications for
construction permits that have been pending from as early as 1988, when the Commission used 
comparative hearings to resolve competing applications. 
While I will not elaborate on the seventy-six individual proceedings resolved in this Order, I 
would like to express my support for a selection procedure that seems to have the right priorities.  At the 
outset, being from rural America, I am pleased that with all mutually exclusive applications for NCE 
stations, we first endeavor to further our statutory objective of a "fair, efficient, and equitable distribution 
of radio service" among all communities in America.  This analysis, pursuant to section 307(b) of the 
Communications Act, ensures that all communities benefit from the use of the public airwaves. 
If an applicant is not selected under of our section 307(b) analysis, we then compare mutually 
exclusive groups of NCE FM applications under the new point system that has withstood judicial scrutiny 
and is based on localism, specifically local ownership and local diversity.  I am pleased that, at least when 
it comes to noncommercial radio, the Commission puts local ownership on top of our list of factors to 
consider.  In addition, the Commission requires each licensee to maintain a local inspection file, and 
certify in its governing documents that it will pursue the twin goals of localism and diversity. I am 
hopeful that these accountability mechanisms will help ensure that licensees continue to serve the diverse 
and local needs of their communities for years to come. From my travels across this country, I have 
learned that local ownership really matters.  Absentee landlords may not be as responsive to the needs of 
the community that they are required to serve. 
In each of the seventy-six groups of applications we resolve in this Order, we hope that it is based 
on the most accurate information.  If an applicant believes there is good reason for the Commission to 
reconsider its choice of a tentative selectee, parties are entitled to file petitions to deny within thirty days.  
Providing this procedural safeguard, I believe that all applicants will be afforded due process and an 
opportunity to be heard fully. Once that process has concluded in the next few months, we look forward 
to notifying the public about the opening of a filing window for further NCE FM applications later this 
fall.  There has been considerable interest in this upcoming NCE window, so it is incumbent upon us to 
provide the public with the agreed upon six months notice, and to reach out and educate to all interested 
parties,  including those in Indian Country and members of socially and economically disadvantaged 
groups, about our filing and licensing procedures.  
Federal Communications Commission FCC 07-40 
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STATEMENT OF 
COMMISSIONER ROBERT M. MCDOWELL
Re: Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to 
Construct New or Modified Noncommercial Educational FM Stations
I am pleased to support this Order, in which we resolve 76 groups of long-pending mutually 
exclusive noncommercial educational FM station applications.  Now that the courts have resolved the 
judicial challenges that delayed our implementation of new point system procedures to process competing 
applications, we have taken the opportunity to provide guidance on our comparative criteria and to 
determine tentative selectees for the stations.  Next, FCC staff will take the steps necessary to complete 
the licensing process.  After that process is completed, we will open a filing window for major change 
applications for the first time in several years and, for the first time, new NCE FM stations, this fall.  
Noncommercial stations are crucial to the vitality and diversity of radio. In fact, while listenership for 
many commercial stations has been declining, more Americans are tuning in to noncommercial 
educational stations to hear what they cannot find elsewhere.  This Order will help NCE stations meet that 
consumer demand faster, and it will help spur even more competition in the audio market.  I look forward 
to the new licensees providing their varied and innovative services to the public.  
I thank the Media Bureau, especially the Audio Division, for the expertise and long hours they 
dedicated to the immense undertaking that is this Omnibus Order.  I thank the Chairman for his leadership 
and I support this Order.