Federal Communications Commission
Washington, D.C. 20554
June 20, 2007
DA 07-2712
 In Reply Refer to: 
 1800B3-IB
Released: June 20, 2007 
Patrick J. Vaughn, Esq.
General Counsel
American Family Association, Inc.
P.O. Drawer 2440
Tupelo, MS 38803
Re: Comparative Consideration of 76 Groups of 
Mutually Exclusive Applications for Permits to 
Construct New or Modified Noncommercial 
Educational FM Stations
Petition for Reconsideration
Dear Mr. Vaughn:
We have before us a Petition for Reconsideration (“Petition”) filed on April 26, 2007, by 
American Family Association (“AFA”), as amended on May 10, 2007, concerning a March 27, 2007, 
Commission Memorandum Opinion and Order.1  The Omnibus Order applied the Commission’s 
noncommercial educational (“NCE”) comparative selection criteria2 to seventy-six groups of mutually 
exclusive NCE FM applications and tentatively selected one winner in each group. The Commission also 
delegated authority to the Media Bureau (“Bureau”) to consider petitions to deny the tentative selectees
and to grant and dismiss applications in accordance with these tentative determinations in cases where no 
substantial and material question of fact is raised through the petition to deny process. For the reasons 
set forth below, we dismiss AFA’s Petition.
AFA seeks reconsideration of the Commission’s tentative conclusions with respect to twenty of 
the seventy-six groups3 evaluated in the Omnibus Order.4  However, Section 1.106(a)(1) of the 
  
1 See Comparative Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or 
Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, FCC 07-40 (rel. Mar. 27, 
2007) (“Omnibus Order”).  Oppositions were filed by Iowa State University, University of Northern Iowa,  
University of Nevada, Southwest Allen County Schools, Spokane Public Radio, Temple University, University of 
Wyoming, and University of Kentucky.  AFA has filed Replies to each Opposition. 
2  See 47 C.F.R. §§ 73.7000 – 05.
3 See MX Groups With a Religious Network Applicant and a ‘Traditional’ CPB/NTIA Funded Applicant (Petition, 
Exhibit 1).   AFA objects to the tentative selection of the following applicants in the following respective groups:  
Group 94123E, Iowa State University; Group 95072E, University of Nevada; Group 95076E, Iowa State University; 
Group 960813, University of Northern Iowa; Group 961011, University of Northern Iowa; Group 970111, 
University of Northern Iowa; Group 970312, Lincoln High School; Group 970514, Southwest Allen County 
Schools; Group 970520, University of Northern Iowa; Group 970823, Spokane Public Radio; Group 971015, 
Marshalltown Education Plus, Inc.; Group 971019, Temple University; Group 9803HL, Coos Bay School District 9;
Group 980401, University of Wyoming; Group 98043S, University of Kentucky; Group 980605, Iowa State 
(footnote continued…)
2
Commission’s Rules (the “Rules”) specifically prohibits petitions for reconsideration of interlocutory 
actions.5 An interlocutory action is an interim determination on a matter involving an application; it does 
not grant or deny the application. The Omnibus Order was not a final action with regard to any of the 
tentatively selected applications.6  The Commission determined that two of the seventy-six NCE FM 
mutually exclusive groups should be processed as singletons, and tentatively selected seventy-four
applications from the remaining seventy-four groups for grant.  Confirming the interlocutory nature of the 
Omnibus Order, the Commission emphasized that "[o]ur selection is 'tentative' because petitions to deny 
may be filed against the applicant tentatively selected pursuant to these point system determinations."7  
Accordingly, IT IS ORDERED, That the Petition for Reconsideration filed on April 26, 2007, by 
American Family Association, as amended May 10, 2007, IS DISMISSED.8  
Sincerely,
Peter H. Doyle
Chief, Audio Division
Media Bureau
cc:  Iowa State University
University of Nevada
University of Northern Iowa
Lincoln High School
Southwest Allen County Schools
Spokane Public Radio
Marshalltown Education Plus, Inc.
Temple University
Coos Bay School District 9
    
University; Group 981003, Henderson State University; Group 981010, Billings Community Cable Corporation; 
Group 990101, University of Northern Iowa; Group 9901XP, Merritt Island Public Radio.   
4 The caption of AFA’s Petition lists all seventy-six groups considered in the Omnibus Order.  It appears, however, 
that AFA objects only to the groups listed in Exhibit 1, i.e., where a “traditional” applicant allegedly eligible for 
funding from the Corporation for Public Broadcasting or National Telecommunications Information Administration 
was tentatively selected over a “religious network applicant.”  See Petition at 1-2; Exhibit 1.    
5 See 47 C.F.R. § 1.106(a)(1).  
6 See Bennet v. Spear, 520 U.S. 154, 177 (1997) (for agency action to be final, it "must mark the 'consummation' of 
the agency's decisionmaking process-it must not be of a merely tentative or interlocutory nature.") (internal quotes 
and cites omitted).  
7 See Omnibus Order, __ FCC Rcd at ___ (¶ 1).  Because the Omnibus Order was not a final decision, the provision 
of the Rules that the Commission, rather than the staff, will act on petitions for reconsideration of “final” 
Commission actions is inapplicable.  See 47 C.F.R. § 1.106(a)(1).  
8 Upon final action, i.e., grant, dismissal, or denial of any application identified in the Omnibus Order, a party may 
seek reconsideration or review of such action consistent with the requirements of the Rules.    See 47 C.F.R. §§ 
1.106(b)(1) and 1.115.  See also American Family Ass'n v. FCC, 365 F.3d at 1168 (“Any applicants whose 
applications are denied can seek review of those denials in this Court, and then have their as-applied claims 
tested.”).
3
University of Wyoming
University of Kentucky
Henderson State University
Billings Community Cable Corporation
Merritt Island Public Radio