Federal Communications Commission FCC 08-34
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
CALVARY CHAPEL OF SOUTHERN 
OCEAN COUNTY
Application for a Construction Permit for a New 
Low Power FM Station at West Creek, New 
Jersey
PUBLIC BROADCASTING OF SOUTHERN 
OCEAN COUNTY, INC.
Application for a Construction Permit for a New 
Low Power FM Station at Eagleswood, New 
Jersey
HERITAGE BAY HOMEOWNERS 
ASSOCIATION, INC.
Application for a Construction Permit for a new 
Low Power FM Station at Barnegat, New Jersey
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File No. BNPL-20010613AFK
Facility ID No. 134675
File No. BNPL-20010611AGA
Facility ID No. 133539
File No. BNPL-20010615BBG
Facility ID No. 135690 
MEMORANDUM OPINION AND ORDER
Adopted:  February 6, 2008 Released:  February 8, 2008
By the Commission:  
 
I.  INTRODUCTION
 1.  The Commission has before it the captioned, mutually exclusive applications of Calvary 
Chapel of Southern Ocean County (“Calvary Chapel”), Public Broadcasting of Southern Ocean County, 
Inc. (“PBSOC”), and Heritage Bay Homeowners Association, Inc. (“Heritage”), each seeking a 
construction permit for a new station in the Low Power FM (“LPFM”) Broadcast Service at West Creek, 
Eagleswood, and Barnegat, New Jersey, respectively.   In accordance with our procedures,1 the staff 
tallied the comparative point totals claimed by each applicant and listed those point totals in a Public 
Notice accepting the applications for filing, establishing a petition to deny period, and specifying the 
applications’ tentative selectee status.2  Therein, Calvary Chapel was designated as the tentative selectee 
for the subject authorization.  No parties filed petitions to deny or informal objections to these 
  
1  See Creation of a Low Power Radio Service, Report and Order, 15 FCC Rcd 2205 (2000) (“LPFM Report and 
Order”); recon. generally denied, Memorandum Opinion and Order on Reconsideration, 15 FCC Rcd 19208 (2000); 
regulation modification granted by Second Report and Order, 16 FCC Rcd 8026 (2001); Third Report and Order 
and Second Further Notice of Proposed Rulemaking, FCC 07-204 (rel. Dec. 11, 2007) (“Third Report and Order”).  
2  See Closed Groups of Pending Low Power FM Mutually Exclusive Applications Accepted for Filing, Public 
Notice, 19 FCC Rcd 4624 (2004).  
Federal Communications Commission FCC 08-34 
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applications. For the following reasons, we grant the Calvary Chapel application and dismiss those of 
PBSOC and Heritage.
II.  DISCUSSION
2.  Before applying the LPFM mutually exclusive selection procedure preference to determine the 
number of merit points to be awarded to each applicant, we first ascertain the basic eligibility of the 
applicants.  In order to further our diversity goals and foster local, community-based service, we do not 
allow any broadcaster or other media entity subject to our ownership rules to control or to hold an 
attributable ownership interest in an LPFM station or enter broadcast-related operating agreements with 
an LPFM licensee.3 Additionally, to foster the local nature of LPFM service, we have limited eligibility 
to local entities during the first two years that LPFM licenses are available.4 Based on the record before 
us, we conclude that Calvary Chapel, PBSOC and Heritage are each qualified to hold an LPFM station 
authorization.  
3.  Mutually exclusive LPFM applications filed by qualified applicants are subject to the 
comparative selection procedures set forth in Section 73.872 of the Commission’s Rules.5 This procedure 
awards a maximum of three points, based on three criteria deemed to be most relevant to predicting the 
applicant that is best qualified to provide the service for which LPFM spectrum has been allocated, with 
the applicant with the highest points awarded named the tentative selectee:6  
· Each applicant that certified that it has had an established community presence of at least two 
years' duration is awarded one point.  An applicant is deemed to have an established community 
presence if, for a period of at least two years prior to application, the applicant has been 
physically headquartered, has had a campus, or has had 75 percent of its board members residing 
within 10 miles of the reference coordinates of the proposed transmitting antenna.  
· An applicant that has pledged to operate at least 12 hours per day is awarded one point.  
· An applicant that has pledged to originate locally at least eight hours of programming per day is 
awarded one point.  For purposes of this criterion, local origination is defined as the production of 
programming within 10 miles of the reference coordinates of the proposed transmitting antenna.7  
4.  Under this comparative selection process, the applicants here are awarded the following 
points:
· Established Community Presence.  Calvary Chapel is entitled to a point because it has certified
that, for a period of at least two years prior to the filing date of its application, 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 10 miles of the coordinates of the 
  
3 See 47 C.F.R. § 73.860.
4 See 47 C.F.R. § 73.853(b).  The Third Report and Order amends this rule section.  Pursuant to the amended 47 
C.F.R. § 73.853(b), "[o]nly local applicants will be permitted to submit applications."  The amended rule takes effect 
on March 17, 2008.  
5 See 47 C.F.R. § 73.872.   
6 See id.
 
7 See id.
Federal Communications Commission FCC 08-34 
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proposed transmitting antenna.8  PBSOC and Heritage are not entitled to one point because 
neither has so certified.9
· Proposed Operating Hours.  Calvary Chapel and PBSOC are each entitled to a point because 
they have each pledged to operate at least 12 hours per day.10 Heritage is not entitled to a point 
because it has not so pledged.11  
· Local Program Origination.  Calvary Chapel and PBSOC are each entitled to a point because 
they have each pledged to originate at least eight hours of local programming per day.12  Heritage
is not entitled to a point because it has not so pledged.13  
Total Points. Accordingly, Calvary Chapel is entitled to three points, PBSOC is entitled to two points, 
and Heritage is entitled to no points. Thus, Calvary Chapel is the prevailing tentative selectee in LPFM 
Mutually Exclusive Group No. 73.  We conclude that grant of Calvary Chapel’s application would serve 
the public interest, convenience and necessity. 
III.  ORDERING CLAUSES
5.  Accordingly, IT IS ORDERED, that the applications of Public Broadcasting of Southern 
Ocean County, Inc. (File No. BNPL-20010611AGA) and Heritage Bay Homeowners Association, Inc. 
(File No. BNPL-20010615BBG) ARE DISMISSED. 
6. IT IS FURTHER ORDERED, that the application of Calvary Chapel of Southern Ocean 
County (File No. BNPL-20010613AFK) IS GRANTED. 
7. IT IS FURTHER ORDERED that copies of this Memorandum Opinion and Order shall 
be sent, by First Class and Certified Mail, Return Receipt Requested, to Calvary Chapel of Southern 
Ocean County, 610 North Route 9, West Creek, New Jersey 08092, and to its counsel Harry C. Martin, 
Esq., Fletcher, Heald and Hildreth, PLC, 1300 North 17th Street, Arlington, Virginia 22209; to Public 
Broadcasting of Southern Ocean County, Inc., P.O. Box 47, West Creek, New Jersey 08092; and to 
Heritage Bay Homeowners Association, Inc., 100 Sandpiper Road, Barnegat, New Jersey 08005.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary
  
8 See Calvary Chapel application at Section III, Question 1(a); see also Exhibit 7.
9 See PBSOC application at Section III, Question 1(a); see also Exhibit 7; see also Heritage application at Section 
III, Question 1(a); Exhibit 7. 
10 See Calvary Chapel application at Section III, Question 2; see also PBSOC application at Section III, Question 2.
11 See Heritage application at Section III, Question 2. 
12 See Calvary Chapel application at Section III, Question 3; see also PBSOC application at Section III, Question 3.
13 See Heritage application at Section III, Question 3.