*Pages 1--3 from Microsoft Word - 53441.doc* Federal Communications Commission Washington, D. C. 20554 December 1, 2005 DA 05- 3092 In reply refer to: 1800B3- ALM James. L. Oyster, Esquire 108 Oyster Lane Castleton, Virginia 22716- 2839 Mr. Steven Knowlton, Principal Coventry High School Coventry Rhode Island Public Schools 40 Reservoir Road Coventry, Rhode Island 02816 In re: WCVY( FM), Coventry, RI Facility ID No. 14229 Coventry Rhode Island Public Schools Renewal of License File No. BRED- 19971218YA Modification of License File No. BMLED- 20050907AAD New( Ed. FM), East Greenwich, RI Facility ID No. 93884 Educational Radio For The Public Of The New Millennium File No. BPED- 19990719MH Dear Messrs: We have before us an application for the renewal of license of WCVY( FM), Coventry Rhode Island, filed by Coventry Rhode Island Public Schools (“ Schools”), File No. BRED- 19971218YA, and an application for a new noncommercial educational (“ NCE”) FM station in East Greenwich, Rhode Island, filed by Educational Radio for the Public of the New Millennium (“ Millennium”). The Millennium application seeks to share time with WCVY( FM) and was filed pursuant to Section 73.561 of the Commission’s rules. Also before us is a July 27, 2005, share time agreement (the “Agreement”) between Schools and Millennium and an application, BMLED- 20050907AAD, submitted by Schools to modify the license of WCVY( FM) to specify the terms set forth in the Agreement. 1 The Agreement: In general, NCE FM radio stations are authorized to operate for an unlimited number of hours each day. Section 73.561( a) of the Commission’s rules requires that NCE FM stations operate a 1 Amendments to the Agreement were submitted on August 11, 2005, October 4, 2005, and August 11, 2005 . 1 2 minimum of 36 hours per week and at least five hours per day. A station licensed to an educational institution is not required to operate during the times the institution is not in session. However, the Commission’s rules also require NCE licensees to share a channel if they do not operate at least 12 hours per day each day of the year upon the filing of an application proposing a share time arrangement. 2 In conjunction with Schools renewal application for WCVY( FM), Millennium has filed an application to share time. The Agreement was filed on July 27, 2005. Under the Agreement, Schools will operate WCVY( FM) between the hours of 2: 00 p. m. to 10: 00 p. m. weekdays during the official school year and Millennium will operate its proposed station between 10: 00 p. m. and 2: 00 p. m. weekdays during the school year. It will also operate its station 24 hours per day on weekends during the school year, as well during the summer months and other vacation periods when Schools’ activities are not taking place. Furthermore, Schools and Millennium have agreed to place in each station’s public inspection file, by August 20 th of each year, a schedule of designated school days and to file, by the same date, a copy of this schedule with the Commission. Thus, both Schools and Millennium will comply with the minimum hours provisions of Section 73.561( a) of the Commission’s rules. As noted above, on September 9, 2005, Schools filed an application to modify the license of WCVY( FM) to specify operation in accordance with the terms of the Agreement. We shall approve the Agreement and grant the WCVY( FM) license modification application. WCVY( FM) Renewal Application: We have reviewed the WCVY( FM) license renewal application under the standards set fort in Section 309( k) of the Communications Act of 1934, as amended, (the “Act”) 3 and find that the station has served the public interest, convenience, and necessity and there has been no serious violation of the Act or the Commission’s rules or any series of violations that, taken together, evidence a pattern of misconduct. We will, therefore, grant the application. Accordingly, it is ordered, that the Agreement IS APPROVED and the applications of Coventry Rhode Island Public School for renewal of license (BRED- 19971218YA) and modification of license (BMLED-20050907AAD) ARE GRANTED. It is further ordered, that the application of Educational Radio for the Public of the New Millennium for a new NCE station construction permit (BPED- 19970719MH) IS GRANTED. These authorizations are subject to the following conditions: Pursuant to 47 C. F. R. § 73. 561( b)( 1), the Agreement between Coventry Rhode Island Public School and Education Radio for the Public of the New Millennium, as amended, is hereby made a part of the terms and conditions of this authorization. In accordance with the October 11, 2005, amendment to the Share Time Agreement, the Schedule of Designated School Days for Schools shall be filed with the Commission and placed in each stations’ public inspection file no later than August 20th of each calendar year. 2 See 47 C. F. R. § 73. 561( b). 3 47 U. S. C. § 309( k). 2 3 The authorizations are enclosed and specify the following hours of operation: Schools from 2: 00 p. m. to 10: 00 p. m. weekdays and Millennium all remaining weekday hours during the school year. On all weekends, summer vacations and other periods when Schools’ activities are not taking place, Millennium shall be authorized unlimited operation. Sincerely, Peter H. Doyle, Chief, Audio Division Media Bureau Enclosures 3