Federal Communications Commission FCC 10-69 
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of 
Comparative Consideration of 32 Groups of 
Mutually Exclusive Applications 
for Permits to Construct New or Modified 
Noncommercial Educational FM Stations filed in 
the October 2007 Filing Window
)
)
)
)
)
)
)
NCE MX Group Numbers 51, 57, 123, 172, 
176, 177, 178, 179, 180, 184, 188, 200, 202, 
203, 209, 210, 211, 218, 219, 220, 233, 234, 
235, 236, 237, 245, 252, 253, 255, 256, 260, 
263 
MEMORANDUM OPINION AND ORDER
Adopted:   April 22, 2010 Released:  April 26, 2010
By the Commission:   
TABLE OF CONTENTS
 Paragraph
I.    BACKGROUND.................................................................................................................................1
II.  GENERAL NCE PROCEDURES ......................................................................................................2
A. Section 307(b) -- Threshold Fair Distribution Study……………………………………...3
B.  Point System Selection Process…………………………………………………………..5
C.  Tie-Breakers……………………………………………………………………………..10
D.  Timely Documentation of Comparative Qualifications…………………………………..11
E.   LPFM Licensees Applying for NCE-FM Stations……………………………………….12
III.  POINT SYSTEM DETERMINATIONS...........................................................................................14
IV.  NEXT STEPS......................................................................................................................................87
V.   ORDERING CLAUSES......................................................................................................................92
APPENDIX – Noncommercial Educational Groups
I. BACKGROUND
1. By this Memorandum Opinion and Order (“Order”), the Commission considers 32 groups 
of mutually exclusive applications for new or modified noncommercial educational (“NCE”) FM station 
construction permits.1 The Commission resolves such conflicting NCE proposals by applying 
comparative procedures codified in Part 73, Subpart K, of the Commission’s Rules (the “Rules”).2 This 
Order uses a point system to tentatively select applications for grant and initiates a 30-day period for 
filing petitions to deny against the applicants tentatively selected.3  
  
1 Each application was filed or amended during a filing window that was open from October 12, 2007, through 
October 22, 2007.  Applications for new stations or major modifications that were on file prior to the October 
window, but not cut off from competing applications were required to amend their applications to supply 
comparative information that was not previously required to 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) (“NCE MO&O”).
2 47 C.F.R. §§ 73.7000 – 73.7005.
3 See id. § 73.7004(b).
Federal Communications Commission FCC 10-69 
2
II. GENERAL NCE PROCEDURES
2. The Commission’s analysis of mutually exclusive groups of NCE applications generally 
consists of three main components.  First, if applicants propose service to different communities, the staff 
performs a threshold fair distribution study pursuant to Section 307(b) of the Communications Act of 
1934, as amended (the “Act”).4 The Commission generally has used the population data and applicant 
certifications submitted in conjunction with Section 307(b) claims to make these comparative 
determinations.  Second, application conflicts not resolved under this “fair distribution” analysis5 are 
compared under an NCE point system,6 which is a simplified, “paper hearing” process.7 The Commission 
generally has awarded the number of points claimed by each applicant in Section IV of its application.  
Third, if necessary, the Commission makes a tie-breaker determination, based on applicant-provided 
numbers and certifications contained in Section V of each application.   Each of these steps is described in 
greater detail below.
A.    Section 307(b) --Threshold Fair Distribution Study.
3. When mutually exclusive applications for permits to construct NCE FM stations propose 
to serve different communities, the Media Bureau (“Bureau”) performs 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.8 An NCE FM applicant is eligible to receive a Section 307(b) 
preference if it would provide within the proposed station’s 60 dBu contour 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.9  
  
4 See 47 U.S.C. § 307(b).
5 See 47 C.F.R. § 73.7002 (procedures for selecting among mutually exclusive applicants for stations proposing to 
serve different communities).
6 See 47 C.F.R § 73.7003 (point system selection procedures).
7  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”), aff’d 
sub nom. American Family Ass’n 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).
8 See 47 U.S.C. § 307(b). (“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 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 point system analysis, which is conducted when 
Section 307(b) is not determinative, must be conducted by the Commission as this analysis 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.  
 
9 See 47 C.F.R. § 73.7002(b).  Applicants were required to use the 2000 Census population data and to count all 
reserved band aural authorizations, including stations for which a construction permit, but not a license, has been 
Federal Communications Commission FCC 10-69 
3
4. If more than one applicant in a mutually exclusive group qualifies for a Section 307(b) 
preference, each applicant’s first service population coverage totals are compared.10 An applicant 
proposing a first NCE aural service to ten percent of the population and at least 2,000 people will receive 
a dispositive fair distribution preference over applicants for different communities that would not provide 
such first service.11 Such an application also would receive a dispositive fair distribution preference over 
applicants for different communities that would provide a first NCE aural service to at least 5,000 fewer 
potential listeners than the next highest applicant’s first service total.12 If no applicant is 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 between applicants for 
different communities, any applicant that is comparatively disfavored in terms of eligibility or service 
totals is eliminated.  Comparable applicants proceed to the next level of analysis, provided that different 
communities are still represented in the remaining pool of applicants.  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, or that each remaining applicant proposes to serve the same community.  At 
that stage, the remaining applicants proceed to a point system analysis. 
B.   Point System Selection Process.
5. The Commission compares mutually exclusive groups of NCE FM applications under the 
point system set forth in Section 73.7003 of the Rules.13 The NCE point system awards a maximum of 
seven merit points, based on four distinct criteria.14 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.  A governmental unit is considered local within its area of 
jurisdiction.  To qualify for localism points based on board composition, the applicant also must certify 
that its governing documents require that such board composition be maintained.  The applicant also must 
certify that it has placed documentation supporting its certification in a local public inspection file, and 
that it has submitted that documentation to the Commission.  Any applicant awarded localism points in 
this Order has provided support for its certification.  Thus, the specific point system determinations for 
each group of mutually exclusive applications that follow only discuss an applicant’s documentation if it 
is insufficient to justify awarding localism points.
6. Second, two points are awarded for local diversity of ownership if the principal 
community contours of the applicant’s proposed station and any other station in which any party to the 
application holds an attributable interest do not overlap.15 To be awarded such points, an applicant’s 
     
issued.  See Media Bureau Announces NCE FM New Station and Major Change Filing Procedures for October 12 -
19, 2007 Window, Public Notice, 22 FCC Rcd 15050, 15052 (MB 2007) (“Procedures Notice”).  
 
10 See 47 C.F.R. § 73.7002(b). 
 
11 Id.
12 Id.
13 See 47 C.F.R. § 73.7003.
14 See 47 C.F.R. § 73.7003(b).
15 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 applicant’s equity and/or debt are also attributable.  Id.
Federal Communications Commission FCC 10-69 
4
governing documents 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.16 Any applicant awarded diversity of 
ownership points in this Order has submitted copies of pertinent governing documents to support its 
certification or, for applicants such as state universities that are governed by laws which cannot be 
amended without legislative action, an appropriate alternative showing. .  Thus, the specific point system 
determinations for each group of mutually exclusive applications that follow only discuss an applicant’s 
documentation if it is insufficient to justify awarding diversity points.  An applicant that proposes a full 
service NCE station that would replace an attributable FM translator may exclude the translator for 
calculating ownership diversity points if it has pledged to request cancellation of the translator 
authorization upon the new station’s commencement of operations.17 The Commission has stated that it 
will, on a waiver basis, similarly allow applicants to exclude Class D (10 watt) FM stations that will be 
replaced by the proposed full service NCE station.18 The Bureau has extended this waiver treatment to 
low power FM (“LPFM”) stations. 19 Several applicants request that the Commission clarify and further 
expand upon the waiver treatment of LPFM permittees applying for full service NCE FM stations, and we 
discuss those requests below in Section E. 
7. 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.20  
8. Fourth, an applicant that proposes the best technical proposal in the group (i.e., proposes 
service to the largest population and area, excluding substantial areas of water) may receive up to two 
points.  The applicant receives one point if its proposed service area and population are ten percent 
greater than those of the next best area and population proposals, or two points if both are 25 percent 
greater than those of the next best area and population proposals as measured by each proposed station’s 
predicted 60 dBu signal strength contour.21 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 applicants’ coverage and population claims. We have rounded any numbers expressed 
in decimals to the nearest whole numbers. 
9. 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.”  All other applicants 
are eliminated.
  
16 See NCE MO&O, 16 FCC Rcd at 5095.
17 Id. at 5102-03.
18 See Consideration of 76 Groups of Mutually Exclusive Applications for Permits to Construct New or Modified 
NCE FM Stations, Memorandum Opinion and Order, 22 FCC Rcd 6101, 6120 (2007) (“NCE Omnibus”).
19  See Procedures Notice, 22 FCC Rcd at 15052-53.  
20 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.   
21 Id. § 73.7003(b)(4).  See NCE Omnibus, 22 FCC Rcd at 6121-22 (if there is one top applicant in terms of area and 
population, but no single next best applicant for both factors, the Commission will compare the top applicant’s 
proposed area to the next best area of one applicant and the top applicant’s population to the next best population of 
another applicant).
Federal Communications Commission FCC 10-69 
5
C.   Tie-Breakers. 
10. Applicants tied with the highest number of points awarded in a particular group proceed 
to a tie-breaker round, in accordance with Section 73.7003(c) of the Rules.22 The first tie-breaker for 
NCE FM applicants is the number of radio station authorizations attributable to each applicant.23 The 
applicant with the fewest attributable authorizations prevails.  If the tie is not broken by this first factor, 
we apply a second tie-breaker:  the number of radio station applications attributable to each applicant.  
Applicants are required to include applications for construction permits filed for other aural services prior 
to the window, the current application, as well as all other applications filed within the window in the 
count.24 If that second factor fails to break the tie, we use mandatory timesharing as the tie-breaker of last 
resort.  
D.  Timely Documentation of Comparative Qualifications.
11. The NCE application, FCC Form 340, is certification-based, but requires applicants to 
document their claims by submitting supporting information both to the Commission and to a local public 
file.25 Applicant point claims must be readily ascertainable from timely-filed application exhibits. 
Certifications which require the applicant to submit documentation, but which are not supported with any 
such timely submitted documentation cannot be credited. For example, the Commission herein rejects 
claims where the applicant certifies that it qualifies for points for diversity of ownership or as an 
established local applicant but fails to supply supporting information referred to in the certification. Every 
applicant claiming points for diversity of ownership must certify that the proposed station’s service area 
would not overlap that of an attributable existing station, that its governing documents require that such 
diversity be maintained, and “that it has placed documentation of its diversity qualifications in a local 
public file and has submitted to the Commission copies of that documentation.” 26 Similar certifications 
and documents are required of applicants claiming points as established local applicants.27 While there is 
some flexibility in the type of documentation an applicant may provide, an applicant submitting no timely 
documentation at all cannot have made a valid certification.  We have adjusted the points of such 
applicants downward.
  
22 47 C.F.R. § 73.7003(c).
23 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 filed in this window.  Applicants requesting and receiving a 
rule waiver may similarly exclude an LPFM or Class D FM station.  
24  See NCE Omnibus, 22 FCC Rcd at 6123.
25 See NCE Order, 15 FCC Rcd at 7423.
26  See FCC Form 340, Instructions, Question IV(2). With respect to documenting current diversity, the preferred 
information is a map showing no overlap or a statement that the party to the application holds no attributable interest 
in any station.  To document future diversity, the applicant would generally submit a copy of the governing 
documents referenced in the certification.
27 See FCC Form 340, Instructions, Question IV(1).  Examples of acceptable documentation include corporate 
materials from the secretary of state, lists of names, addresses, and length of residence of board members, copies of 
governing documents requiring a 75 percent local governing board, and course brochures indicating that classes 
have been offered at a local campus for the preceding two years, etc.  
Federal Communications Commission FCC 10-69 
6
E. LPFM Licensees Applying for NCE FM Stations
12. As discussed above, the Bureau announced that applicants in the 2007 window could, 
upon making a sufficient showing, request to exclude otherwise attributable interests in LPFM stations. 
The Bureau observed that contingent pledges are generally ineffective as a mechanism to avoid attribution 
of broadcast interests.  However, it also noted that the Commission had carved out exceptions for non-fill-
in translators and Class D (10 watt) FM stations seeking to replace those secondary facilities with a full 
service station. 28 The Bureau recognized that LPFM stations, which were in their infancy at the time of 
the Commission’s action, might now find themselves in similar circumstances. Accordingly, the Bureau 
advised that an applicant seeking to avoid attribution of an LPFM interest must, as part of its window-
filed application, submit a request for waiver of the Rule that would otherwise result in the attribution of 
the LPFM interest in the applicant’s point system determination and propose to surrender the LPFM 
interest prior to grant of its NCE construction permit application.29  
13. The Commission has since recognized that the rule-compliant LPFM divestment 
mechanism envisioned by the Bureau could result in the unintended, potential loss of existing LPFM 
service for up to three years during construction of the new NCE FM stations.30 Therefore, the 
Commission found it would be preferable to waive the rules in order to provide continuity of a local radio 
service to the public.  Accordingly, we will permit tentative selectees to fulfill LPFM divestiture pledges 
by rule-compliant assignments, provided that the existing LPFM license is not mutually exclusive with 
the new NCE authorization, as issued. We also waive the LPFM cross-ownership rule so that an NCE FM 
construction permit may issue to an LPFM licensee, provided that the LPFM license must be divested 
prior to commencement of program tests by the new NCE FM station.31  
III.  POINT SYSTEM DETERMINATIONS
14. This Section contains narrative descriptions of our point system analyses in each 
mutually exclusive proceeding, organized chronologically by assigned group number.  Unless otherwise 
noted, each component of the analysis is based on applicant-provided information.32 We have provided 
readers with an Appendix that condenses the group-by-group narratives that follow into chart form for 
quick reference.  A more detailed guide to the Appendix and its use of abbreviations appears at the 
  
28  See Procedures Notice 22 FCC Rcd at 15052-53.  
29  Id.
30 See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or 
Modified Noncommercial Educational FM Stations, Memorandum Opinion and Order, 25 FCC Rcd 1681 (2010).  
See also 47 C.F.R. § 73.3598(a) (three-year construction period for FM stations).
31 See 47 C.F.R. § 73.860(a).  An exception to the LPFM cross-ownership rule, applicable to broadcast interests held 
prior to initial operations of an LPFM station, contains a similar timing provision.  See id. § 73.860(b).
32 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 applications and associated exhibits.  Claims to qualify as established local 
applicants, for diversity of ownership, and as statewide networks were reported in the responses to Questions  IV(1), 
(2) and (3) respectively, and in supporting documentation.  Applicants reported the area and population figures used 
in our analyses of technical parameters in response to Question IV(4) and associated exhibits.  Tie-breaker 
information concerning the applicants’ attributable interests in other radio authorizations were reported in response 
to Question V(1).
Federal Communications Commission FCC 10-69 
7
beginning of that Section.  
15. At the outset, we note that each group of applicants has had an opportunity to resolve 
application conflicts by settlement and technical amendment.   In addition, we note that applicants were 
required to report their qualifications as of the date of application (or close of the filing window for 
already pending, non-cut-off applications).  Any changes made thereafter may potentially have 
diminished, but could not enhance, an applicant’s comparative position.33 Thus, when considering 
applications in which comparative information has been amended, we have used the least favorable 
information provided.   
16. Group 51. This group consists of four mutually exclusive applications proposing service 
to different communities.  Calvary Fellowship, Inc. (“CFI”) proposes to serve Darlington, Florida.  
Defuniak Springs Seventh-Day Adventist Church (“DSSDA”) proposes to serve Defuniak Springs, 
Florida.  Joshua Springs Calvary Chapel (“Joshua”) proposes to serve Paxton, Florida.  TBTA Ministries 
(“TBTA”) would serve Samson, Alabama.  When applicants propose different communities, the 
Commission must first determine whether any applicant qualifies for a dispositive fair distribution 
preference.  Three applicants in this group claim eligibility for a fair distribution preference. 34 Joshua 
does not and is eliminated.  None of the remaining applicants claims to be eligible for a preference based 
on first service alone.  CFI, DSSDA, and TBTA claim an aggregated first and second NCE service to 
7,485 people, 12,819 people,35 and 6,490 people, respectively.  DSSDA’s claim exceeds that of CFI by at 
least 5,000 people, but it appears to us that DSSDA’s claim is overstated by several hundred people, 
which would be enough to place its claim within 5,000 of CFI, if one were to accept CFI’s claimed 
population (which appears similarly overstated).  Indeed, it appears that each applicant in this group has 
calculated a greater population in this area than the population that could be claimed using a Commission-
approved methodology. The question of whether DSSDA qualifies for a decisive fair distribution 
preference over CFI and TBTA does not, however, alter the outcome of the proceeding, because as 
described below, DSSDA also would prevail over CFI and TBTA in a point system analysis.  
17. DSSDA claims three points as an established local applicant.  CFI and TBTA certify that 
each is not entitled to any points under this criterion.  CFI and DSSDA claim two points each for diversity 
of ownership.  CFI supports its claim with governing documents requiring that diversity be maintained 
  
33  We have repeatedly disallowed the enhancement of qualifications in NCE comparative cases, consistent with 47 
C.F.R. § 73.7003(e), and the Commission's historical concern that attempts to submit late information in 
comparative proceedings would “lead to abuse of the Commission's processes, applicant gamesmanship, and unfair 
advantage.” Silver Springs Communications, Memorandum Opinion and Order, 3 FCC Rcd 5049, 5050 (1988), rev. 
denied, 4 FCC Rcd 4917 (1989) (concluding that the rejection of an untimely filed notice of appearance in a 
comparative case is necessary in order to maintain the integrity of the Commission's processes and to ensure that an 
applicant's gamesmanship does not result in an unfair advantage). See Comparative Consideration of 59 Groups of 
Mutually Exclusive Applications for Permits to Construct New or Modified Noncommercial Educational FM 
Stations, , Memorandum Opinion and Order, 25 FCC Rcd 1681 at ¶¶48, 59 (2010).  Threshold Fair Distribution 
Analysis of 28 Groups, Memorandum Opinion and Order, 24 FCC Rcd 12390, n.25 (MB 2009); Threshold Fair 
Distribution Analysis of 21 Groups, Memorandum Opinion and Order, 24 FCC Rcd 3873, 3881 (MB 2009). 
34 See CFI, DSSDA, and TBTA Applications, Questions III(1), III(2), and associated exhibits.  CFI’s 60 dBu 
contour encompasses 13,198 people, and its claimed aggregated first and second NCE service is 7,485 people.  
DSSDA’s 60 dBu contour encompasses 27,713 people, and its claimed aggregated first and second NCE service is 
12,819 people. TBTA’s 60 dBu contour encompasses 6,490 people, and its claimed aggregated first and second 
NCE service is all 6,490 people.  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.
35 DSSDA also amended its proposal after close of the filing window and indicates that the amended proposal would 
provide aggregated first and second service to 14,521 people.  However, DSSDA recognizes that comparative 
enhancements are prohibited and properly disclaims any comparative advantage from the amendment. 
Federal Communications Commission FCC 10-69 
8
and will be credited with two points.  DSSDA provides no documentation that its governing documents 
require that diversity be maintained in the future.  Accordingly, DSSDA is not credited with points under 
this criterion.  No applicant claims points as a statewide network.  With respect to technical parameters, 
CFI’s proposed 60 dBu contour would encompass 1,117 square kilometers with a population of 13,198.  
DSSDA’s proposed 60 dBu contour would encompass 1,816 square kilometers with a population of 
25,551, using the lowest numbers provided.36 TBTA’s proposed 60 dBu contour would encompass 723 
square kilometers with a population of 6,490.  DSSDA qualifies for two points as the best technical 
proposal because it proposes to serve at least 25 percent more area and population than CFI’s next best 
proposal.  Accordingly, CFI is credited with a total of two points, DSSDA with a total of five points, and 
TBTA is not credited with any points. Thus, DSSDA is the tentative selectee in Group 51.
18. Group 57.  This group consists of the mutually exclusive applications of Neighborhoods 
United for a Better Alachua, Inc. (“NUBA”) and Westside Baptist Church of Gainesville (“Westside”).  
Each proposes to serve the community of High Springs, Florida.  Each certifies that it is entitled to three 
points as an established local applicant.     NUBA and Westside claim two points each for diversity of 
ownership.  NUBA supports its diversity claim with by-laws amended October 17, 2007.  Westside 
submits by-laws as amended in 1994, six years prior to our establishment of a point system.  Thus, the 
1994 by-laws contain no provision requiring Westside to maintain diversity into the future. Accordingly, 
Westside will not receive points under this criterion.  Neither applicant claims points as a statewide 
network.  With respect to technical parameters, NUBA’s proposed 60 dBu contour would encompass 120 
square kilometers with a population of 6,528.  Westside’s proposed 60 dBu contour would encompass 
303 square kilometers with a population of 10,661.  Westside qualifies for two points under the best 
technical proposal criterion because its proposal would serve at least 25 percent more area and population 
than NUBA’s proposal.  Accordingly, NUBA and Westside are credited with a total of five points each, 
and will proceed to a tie-breaker.
19. 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.  NUBA and Westside certify respectively that each has no attributable interest in any radio 
authorization.  Therefore, we proceed to the second issue considered in a tie-breaker – the number of 
pending radio applications attributable to each applicant.  The applicant with the fewest applications 
prevails.  NUBA and Westside certify respectively that each has no pending applications other than the 
current application.37 Thus, the tie has not been broken under the first two tie-breakers.  Accordingly, we 
proceed to the tiebreaker of last resort – mandatory timesharing.  NUBA and Westside are both tentative 
selectees in Group 57 on a time-sharing basis.  
20. Group 123.  This group originally consisted of three applicants that proposed to serve 
different communities in Michigan.  Family First Radio (“FFR”) would serve Three Rivers.  Vineyard 
Academy (“Vineyard”) would serve Vicksburg.  Smile FM (“Smile”) proposed to serve Wakeshma 
Township.  Upon preliminary analysis, the staff determined that Smile made the best fair distribution 
showing38 but dismissed Smile’s application as unacceptable for filing due to an engineering error.  
Smile’s pending Application for Review, which seeks reinstatement, has the potential to alter the 
  
36 See supra para. 15.
37 NUBA and Westside both express this fact by reporting “zero” pending applications.  We note that NUBA and 
Westside each should have included its current application for a total of one pending application each.  We have 
corrected for this error by each applicant.  
38 Smile’s proposal to provide an aggregated first and second NCE service to a population of 86,639 exceeded by at 
least 5,000 people that of the next best proposal of Vineyard to provide such service to a population of 61,987.
Federal Communications Commission FCC 10-69 
9
composition of Group 123.  Accordingly, we consider Smile’s filing before undertaking any comparative 
analysis.
21. On May 22, 2008, the staff dismissed Smile’s application for violation of Section 
73.510(a) of the Rules, which governs antenna patterns.39 The dismissal letter identified the largest 
violation of 5.82 db per 10 degrees occurring between the azimuths of 210-220 degrees.  In fact, there 
were additional violations between the 170-180, 270-280, 280-290, and 290-300 azimuths.  However, not 
all such violations were of equal relevance, because some were not in the direction of a short-spaced 
station.  In a June 18, 2008, telephone conversation with the applicant, Commission engineering staff 
informed the applicant that the dismissal letter, while correctly identifying a Section 73.510(a) rule 
violation, had specified the wrong value and azimuth as precluding acceptance of the application.  The 
matter that made Smile’s application unacceptable for filing under Section 73.510(a) was a variation of 
the antenna pattern by 2.15 db per 10 degrees between the azimuths of 170 and 180 degrees. 
22. Under Commission policy, NCE applicants are given one 30-day opportunity to correct 
all acceptability defects and to be reinstated nunc pro tunc.40 On June 18, 2008, Smile amended its 
application to change the azimuth value at 170 degrees from 0.220 to 0.224.  Smile filed a Petition for 
Reconsideration on June 30, 2008, seeking reinstatement of its application.  The staff, on August 6, 2008, 
determined that Smile’s amendment of its directional antenna pattern was sufficient to correct the Section 
73.510(a) error and, therefore, granted reconsideration and reinstated the application.  Further 
examination of the application that same day, however, revealed another defect – a violation of Section 
73.215(e) concerning minimum distance separation required to a short-spaced antenna location.  
Accordingly, the staff dismissed Smile’s application a second time.  On September 10, 2008, Smile filed 
another amendment and petition for reconsideration, attempting to correct the spacing defect.  The staff 
dismissed these filings on October 3, 2008, because applicants are permitted only one amendment to 
correct any and all acceptability defects. Smile’s November 3, 2008, Application for Review is now 
before us for consideration.  
23. Smile argues that there was no Section 73.510(a) error in its application.  It contends that 
the matter identified by the staff on May 22, 2008, was based on a computer error.  Smile states that its 
first petition for reconsideration, filed on June 30, 2008, merely called this staff error to the Commission’s 
attention.  Smile acknowledges that, on June 18, 2008, it corrected the 170 degree field value from 0.220 
to 0.224, but argues that the amendment was not needed to correct any Section 73.510(a) error.  Rather, 
Smile states that its amendment corrected a different, self-discovered “truncation” defect, which it argues 
is de minimis.  Smile maintains, therefore, that its June 2008 filings did not exhaust its one opportunity to 
seek reinstatement following an acceptability defect, and that it should be able to use that opportunity 
with respect to the newly discovered Section 73.215(e) error.  
24. Public Notice of the dismissal of an application triggers a 30-day period in which the 
applicant has one opportunity to perfect its application, including any errors not specifically identified by 
the staff.  Even had the staff, as Smile argues, erred in identifying a Section 73.510(a) defect, dismissal of 
its application nevertheless triggered this period, and obligated Smile to undertake a complete and 
thorough analysis of its application to correct all material errors, including any not specifically identified 
in the dismissal letter.41 As discussed above, Smile filed an amended application within the 30-day period 
  
39  See 47 C.F.R. § 73.510(a).
40  See Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit 
Applications, Public Notice, 56 RR 2d 776, 49 Fed. Reg. 47331 (Aug. 2, 1984).
41 See id. at 47332 (applicants are expected “to completely review all portions of a returned or dismissed application.  
Thereafter, if the same application is returned or dismissed a second time, it will not be afforded nunc pro tunc
reconsideration rights.”).
Federal Communications Commission FCC 10-69 
10
that was reinstated nunc pro tunc.  It did not, however, correct a Section 73.215(e) spacing violation.  
Thus, the application remained unacceptable for filing at the end of the 30-day period for all corrections 
of acceptability errors.42 The staff’s rejection of an additional attempt to correct acceptance defects was 
fully consistent with the Commission’s longstanding policy placing ultimate responsibility on the 
applicant to perfect its application and disallowing a piecemeal approach to correcting patently defective 
applications.43 Smile’s Application for Review is, therefore, denied and its dismissed application is not 
entitled to comparative consideration with the other applications in Group 123.  
25. The remaining applicants, FFR and Vineyard, propose service to two different 
communities.   When applicants propose different communities, the Commission must first determine 
whether any applicant is credited with a dispositive fair distribution preference.  Each applicant claims 
that it is eligible for a fair distribution preference.44 FFR and Vineyard propose to provide a first NCE 
service to respective populations of 15,660, and 13,275.  These proposed levels of first service are 
comparable. FFR proposes aggregated first and second service to 61,985 people (15,660 first service plus 
43,325 second service).  Vineyard proposes aggregated first and second service to 61,987 people (13,275 
first service plus 48,712 second service). The fair distribution analysis is not dispositive because neither 
would serve at least 5,000 more people than the other.  Accordingly, the comparable proposals of FFR 
and Vineyard must proceed to a point hearing.
26. Vineyard claims three points as an established local applicant.  FFR does not.  FFR and 
Vineyard claim two points each for diversity of ownership.  Neither applicant claims points as a statewide 
network.  With respect to technical parameters, FFR’s proposed 60 dBu contour would encompass 1,771 
square kilometers with a population of 66,703.  Vineyard’s proposed 60 dBu contour would encompass 
1,894 square kilometers with a population of 65,756 people.  Neither applicant qualifies for points under 
the best technical proposal criterion because neither proposes to serve at least ten percent more area and 
population than the other.  Accordingly, FFR is credited with a total of two points and Vineyard is 
credited with a total of five points.    Vineyard is the tentative selectee in Group 123.
27. Group 172.  The two applicants in this group propose service to different communities in 
New Hampshire.  Seacoast Arts and Cultural Alliance (“SACA”) would serve Dover and Granite State 
Educational Fellowship (“GSEF”) would serve Madbury.  When applicants propose different 
communities, the Commission must first determine whether any applicant is credited with a dispositive 
fair distribution preference.  Each applicant in this group claims eligibility for a fair distribution 
preference.45 Neither asserts a preference for first NCE service alone, relying solely on combined first 
     
42 See Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit 
Applications, 49 Fed. Reg. at 47331 (noting “that a failure of the staff to discern an omission or defect at one stage 
in the process does not preclude appropriate action upon later discovery.”). 
43 See Saddleback Community College, Memorandum Opinion and Order, 11 FCC Rcd 11938, 11941 (1996) (“As 
the 1984 Policy Statement made clear, nunc pro tunc acceptance of such second amendments is unfair to other 
applicants in a comparative proceeding who have prepared properly executed applications.”).
44  See FFR and Vineyard Applications, Questions III(1), III(2), and associated exhibits.  FFR’s 60 dBu contour 
encompasses 66,703 people, and its claimed aggregated first and second NCE service is 61,985 people.  Vineyard’s 
60 dBu contour encompasses 65,756 people and its claimed aggregated first and second service is 61,987 people 
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.   
45  See SACA and GSEF Applications, Questions III(1), III(2), and associated exhibits.  SACA’s 60 dBu contour 
encompasses 30,517 people, and its claimed aggregated first and second NCE service is 19,986 people.  GSEF’s 60 
dBu contour encompasses 32,175 people, and its claimed aggregated first and second NCE service is 18,284 people. 
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. 
Federal Communications Commission FCC 10-69 
11
and second NCE service population totals.  SACA’s and GSEF’s aggregated first and second NCE 
service to 19,986 people and 18,284 people, respectively are comparable.  Accordingly, they will proceed 
to a point hearing.
28. SACA claims three points as an established local applicant.  GSEF does not.  Each claims 
two points for diversity of ownership, with SACA’s claim based on a pledge to divest LPFM station 
WSCA-LP, Portsmouth, New Hampshire and an associated waiver request.  In accordance with the 
waiver policy set forth above, we waive attribution of SACA’s LPFM station for purposes of this point 
hearing and credit SACA with two points under the diversity of ownership criterion.  GSEF provides no 
support for its diversity claim.  Accordingly, we do not award diversity points to GSEF.  Neither 
applicant claims points as a statewide network.  With respect to technical parameters, SACA’s proposed 
60 dBu contour would encompass 160 square kilometers with a population of 30,317.  GSEF’s proposed 
60 dBu contour would encompass 143 square kilometers with a population of 32,175.  Neither applicant 
qualifies for any points as the best technical proposal because neither proposes to serve at least ten 
percent more area and population than the other.  Accordingly, SACA is credited with a total of five 
points, and GSEF is not credited with any points. 46 SACA is the tentative selectee in Group 172.
29. Group 176. This group consists of the mutually exclusive applications of Abundant Life 
Broadcasting (“ALB”) for Las Vegas, New Mexico, and New Mexico Highlands University Foundation 
(“NMHUF”) for Romeroville, New Mexico.  When applicants propose different communities, the 
Commission must first determine whether any applicant is credited with a dispositive fair distribution 
preference.  Each applicant in this group claims eligibility for a fair distribution preference.47 ALB’s and 
NMHUF’s respective first NCE service claims of 3,941 and 2,546 people are comparable.  They claim an 
aggregated first and second NCE service to 13,625 people and 21,974 people, respectively.  However, 
NMHUF’s claim is overstated because it neglected to consider a construction permit issued in 2005 for 
KRRE(FM), Las Vegas, New Mexico (File No. BNPED-20000118ABX) that authorized service to the 
same area.  Taking that authorization into account, the aggregated first and second NCE service of each 
applicant is comparable to that of the other.  Accordingly, the applicants will proceed to a point hearing.
30. NMHUF claims three points as an established local applicant.  ALB certifies that it is not 
entitled to any points under this criterion.  ALB and NMHUF claim two points each for diversity of 
ownership.  ALB’s claim is based on a pledge to surrender for cancellation its license for FM translator 
station K212EF, Las Vegas, New Mexico.  However, ALB provides no documentation that its governing 
documents require that diversity be maintained in the future.  Accordingly ALB is not credited with 
points under this criterion.  No applicant claims points as a statewide network.  With respect to technical 
parameters, ALB’s proposed 60 dBu contour would encompass 3,242 square kilometers with a population 
of 23,334.  NMHUF’s proposed 60 dBu contour would encompass 2,572 square kilometers with a 
population of 21,974.  Neither applicant qualifies for any points as the best technical proposal because 
neither proposes to serve at least ten percent more area and population than the other.  Accordingly, ALB 
is not credited with any points, and NMHUF is credited with a total of five points. Thus, NMHUF is the 
tentative selectee in Group 176.
     
46 Had the Commission accepted GSEF’s claim of two diversity points, SACA nevertheless would have prevailed 
because GSEF’s claimed total of two points would not exceed SACA’s five-point total.
47  See ABA and NMHUF Applications, Questions III(1), III(2), and associated exhibits.  ABA’s 60 dBu contour 
encompasses 23,334 people, and its claimed aggregated first and second NCE service is 13,625 people.  NMHUF’s 
60 dBu contour encompasses 21,974 people, and its claimed aggregated first and second NCE service is all 21,974 
people. 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.
Federal Communications Commission FCC 10-69 
12
31. Group 177.  This group consists of the mutually exclusive applications of American 
Family Association (“AFA”), Regents of New Mexico Highlands University (“Regents”), and La 
Promesa Foundation (“LPF”).  Each proposes to serve the community of Clayton, New Mexico.  Regents 
certifies that it is entitled to three points as an established local applicant.   AFA and LPF do not claim 
any points under this criterion.  Each applicant in this group claims two points for diversity of ownership.  
LPF bases its diversity claim on a pledge to surrender for cancellation its license for FM translator station 
K217CM, Clayton, New Mexico.  AFA does not support its diversity claim.  Accordingly, AFA will not 
receive points under this criterion.  None of the applicants claims points as a statewide network.  With 
respect to technical parameters, AFA’s proposed 60 dBu contour would encompass 2,037 square 
kilometers with a population of 3,707.  Regents’ proposed 60 dBu contour would encompass 2,508 square 
kilometers with a population of 3,846.  LPF’s proposed 60 dBu contour would encompass 360 square 
kilometers with a population of 2,766.  No applicant qualifies for any points as the best technical proposal 
because the applicant that would serve the largest area and population would not serve at least ten percent 
more people than the next best applicant.  Accordingly, Regents is credited with a total of five points, 
LPF with a total of two points, and AFA is not credited with any points.48 Thus, Regents is the tentative 
selectee in Group 177.  
32. Group 178.  This group consists of the mutually exclusive applications of American 
Family Association (“AFA”) and Regents of New Mexico Highlands University (“Regents”).  Each 
proposes to serve the community of Raton, New Mexico.  Regents certifies that it is entitled to three 
points as an established local applicant.  AFA does not claim any points under this criterion.  Each 
applicant in this group claims two points for diversity of ownership.  AFA bases its diversity claim on a 
pledge to cancel its license for FM translator station K211CE, Raton, New Mexico.  AFA does not 
support its diversity claim with governing documents demonstrating that diversity will be maintained in 
the future.  Accordingly, AFA will not receive points under this criterion.  Neither applicant claims points 
as a statewide network.  With respect to technical parameters, AFA’s proposed 60 dBu contour would 
encompass 316 square kilometers with a population of 8,190.  Regents’ proposed 60 dBu contour would 
encompass 711 square kilometers with a population of 8,240.  Neither applicant qualifies for any points as 
the best technical proposal because neither proposes to serve at least ten percent more area and population 
than the other.  Accordingly, Regents is credited with a total of five points, and AFA is not credited with 
any points.49 Thus, Regents is the tentative selectee in Group 178.  
33. Group 179. This group consists of the mutually exclusive applications of Community 
Access TV of Silver City (“Access”) and Regents, New Mexico State University (“Regents”).  Each 
proposes to serve Silver City, New Mexico.  Access and Regents claim three points each as an established 
local applicant. Only Access asserts that it is entitled to two points for diversity of ownership.  Access 
does not, however, support its diversity claim and, therefore, will not receive points under this criterion.  
Neither claims points as a statewide network.  With respect to technical parameters, Access’s proposed 60 
dBu contour would encompass 1,742 square kilometers with a population of 18,913.  Regents’ proposed 
60 dBu contour would encompass 16,391 square kilometers with a population of 48,955. Regents 
qualifies for two points under the best technical proposal criterion because its proposal would serve at 
least 25 percent more area and population than Access’s proposal.  Accordingly, Access is credited with a 
total of three points, and Regents is credited with a total of five points. Regents is the tentative selectee in 
Group 179. 
  
48 Had the Commission accepted AFA’s claim of two diversity points, Regents nevertheless would have prevailed 
because AFA’s claimed total of two points would not exceed Regents’ five-point total.
49 Had the Commission accepted AFA’s claim of two diversity points, Regents nevertheless would have prevailed 
because AFA’s claimed total of two points would not exceed Regents’ five-point total.
Federal Communications Commission FCC 10-69 
13
34. Group 180.   This group consists of the mutually exclusive applications of One 
Ministries, Inc. (“OMI”) and Regents of New Mexico State University (“Regents”).  Each proposes to 
serve the community of Truth or Consequences, New Mexico. Regents certifies that it is entitled to three 
points as an established local applicant. OMI does not.  Regents certifies that it is not entitled to any 
points for diversity of ownership. OMI claims two points for diversity of ownership based on a pledge to 
divest LPFM station KQSL-LP, Penngrove, California.  In accordance with a waiver policy to consider 
LPFM interests non-attributable for purposes of points hearings upon a pledge to divest such interests, we 
hereby waive the attribution standards for this limited purpose and credit OMI with two points under this 
criterion.50 Each applicant in this group states that it is not entitled to any points as a statewide network.  
With respect to technical parameters, OMI’s proposed 60 dBu contour would encompass 3,802 square 
kilometers with a population of 14,252.  Regents’ proposed 60 dBu contour would encompass 2,785 
square kilometers with a population of 12,923.  OMI qualifies for one point under the best technical 
proposal criterion because its proposal would serve at least 10 percent more area and population than 
Regents’  proposal.  Accordingly, OMI and Regents are credited with a total of 3 points each, and must 
proceed to a tie-breaker. 
35. 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.  OMI certifies that it has no attributable interest in any radio authorization.  Regents certifies that 
it has attributable interests in eight radio authorizations.  OMI therefore prevails based on this first tie-
breaker and is the tentative selectee in Group 180. 
36. Group 184.  This group consists of the mutually exclusive applications of Centro 
Cristiano Vida Abundante (“CCVA”) for Jessup, Nevada and Living Proof, Inc. (“LPI”) for Wadsworth, 
Nevada.  Neither applicant claims a fair distribution preference and, thus, we proceed to a point system 
analysis.  Neither applicant claims that it qualifies for any points as an established local applicant.  Each 
applicant claims two points for diversity of ownership.  Neither applicant claims points as a statewide 
network.  With respect to technical parameters, CCVA’s proposed 60 dBu contour would encompass 
5,491 square kilometers with a population of 6,297.  LPI’s proposed 60 dBu contour would encompass 
3,367 square kilometers with a population of 100,069.  Neither applicant qualifies as the best technical 
proposal because neither proposes to serve at least ten percent more area and population than the other. 
Accordingly, CCVA and LPI receive a total of two points each, and must proceed to a tie-breaker.
37. 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.  CCVA certifies that it has an attributable interest in one radio authorization.  LPI certifies that it 
has attributable interests in 16 radio authorizations.  CCVA therefore prevails based on this first tie-
breaker criterion and is the tentative selectee in Group 184. 
38. Group 188.  This group currently consists of two mutually exclusive applications for 
communities in New York and Pennsylvania.  The B. Stephen Demchuk Foundation (“Demchuk”) 
proposes service to Glen Spey, New York.  Northeastern Pennsylvania Educational Television 
Association (“NPET”) proposes to serve Honesdale, Pennsylvania.  The group originally included a third 
applicant, Eastern U.S. Taiwan Culture Promotion Association, Inc. (“EUSTC”), which proposed to serve 
Port Jervis, New York.  The staff dismissed EUSTC’s application for an engineering defect and EUSTC 
filed a petition for reconsideration.  EUSTC’s petition, which seeks reinstatement, has the potential to 
alter the composition of Group 188.  Accordingly, we consider whether to reinstate EUSTC’s application 
before undertaking the comparative analysis.   
  
50  See 47 C.F.R. § 73.3555(e).
Federal Communications Commission FCC 10-69 
14
39. The staff, upon preliminary analysis of Group 188, determined that no applicant in the 
group was entitled to a decisive fair distribution preference and observed that EUSTC had claimed the 
most points.  Consistent with routine practice, the staff determined that it would recommend EUSTC to 
the Commission as tentative selectee in Group 188 and examined the application to determine whether it 
was acceptable for filing.  The staff determined that EUSTC’s proposal violated Section 73.509 of the 
Rules51 due to an overlap with a permit for the modification of WLJP, Monroe, New York.  Under 
Commission policy, NCE applicants are given one 30-day opportunity to correct all acceptability defects 
and to be reinstated nunc pro tunc.52 EUSTC did not amend its proposal within 30 days of dismissal.  
Rather, it argues that it has had no opportunity to amend because the Commission has not released any 
order naming it as tentative selectee.  EUSTC also argues that it did not have to protect the WLJP 
modification because that application was defective as originally filed.  
40. EUSTC’s argument that it did not have to protect the WLJP modification lacks merit.  
EUSTC filed its application on October 17, 2007.  At that time, WLJP had a pending, September 6, 2007, 
application to modify its own station (File No. BPED-20070906AAR).  It is undisputed that EUSTC 
failed to protect the previously-filed WLJP application.  It is also undisputed that the WLJP application 
contained engineering defects, which resulted in its January 4, 2008 dismissal.  On February 6, 2008, 
WLJP sought reinstatement nunc pro tunc by amending its application to correct the defects.   Consistent 
with staff policy, the WLJP application was reinstated based on a finding that the WLJP amendment did 
not increase the overlap with the EUSTC application on file.  The WLJP application was granted on May 
7, 2008. EUSTC did not oppose WLJP’s application during the time it was under review by the staff.   In 
addition, EUSTC’s argument would require us to accept that corrective amendments by first-in-time 
applications must fully protect areas of prohibited overlap caused by defective, subsequently-filed 
applications.  Accordingly, we reject EUSTC’s argument as both untimely and meritless.
41. We also reject EUSTC’s claim that the staff’s dismissal of its application prior to its 
being formally named as a tentative selectee deprived EUSTC of an opportunity to amend.  EUSTC 
argues that, pursuant to Section 73.3522 of the Rules, 53 only a formal announcement that an NCE 
applicant is a tentative selectee will trigger an NCE applicant’s 30-day period to amend.  That is incorrect.  
Section 73.3522(b) identifies several circumstances in which an applicant may receive one opportunity to 
amend if its application is found defective after selection by the staff or Commission.  The Rule does not
bar staff review or dismissal of applications of potential tentative selectees for defects at any point prior to 
release of a Commission order.  Moreover, Section 73.3522(b)(3) provides for the return and amendment 
of defective NCE applications other than those of tentative selectees .54 Staff review of potential selectees 
for defects is routine policy, as we have acknowledged previously.55 In the present case, the staff was 
preparing to recommend EUSTC as tentative selectee because a preliminary analysis reflected that 
EUSTC claimed the largest number of points in Group 188.  In accordance with standard procedures, the 
staff performed a technical review of the application, found it unacceptable, and dismissed the 
  
51 47 C.F.R. § 73.509.
52  See Commission States Future Policy on Incomplete and Patently Defective AM and FM Construction Permit 
Applications, Public Notice, 56 RR 2d 776, 49 Fed. Reg. 47331 (Aug. 2, 1984).
53 47 C.F.R. § 73.3522.
54 Id. at § 73.3522(b)(3).  See also id. at § 73.3573(e)(4) (timely-filed NCE applications for new facilities or major 
modifications that are determined to be unacceptable for filing will be returned and subject to the amendment 
requirements of Section 73.3522). 
55 See Comparative Consideration of 59 Groups of Mutually Exclusive Applications for Permits to Construct New or 
Modified Noncommercial Educational FM Stations,Memorandum Opinion and Order, 25 FCC Rcd 1681 at ¶136 
(2010) (Commission-level point analysis noting prior staff findings that the applications therein were acceptable).
Federal Communications Commission FCC 10-69 
15
application.  EUSTC never filed any curative amendment and remains in violation of Section 73.509 of 
the Rules.    Accordingly, EUSTC’s petition for reconsideration is denied and its dismissed application is 
not entitled to comparative consideration with the other applications in Group 188.  The other two 
applicants, Demchuk and NPET, will proceed to a comparative analysis.
42. When applicants propose different communities, the Commission must first determine 
whether any applicant is credited with a dispositive fair distribution preference.  While Demchuk and 
NPET each claim eligibility for a fair distribution preference, neither asserts a preference based on first 
NCE service alone.  Instead, each applicant relies solely on combined first and second NCE service 
population totals.56 Demchuk and NPET claim aggregated service to respective populations of 4,804 and  
3,000.  These claims are comparable.  Accordingly, Demchuk and NPET will proceed to a points hearing. 
43. Demchuk claims three points as an established local applicant.  NPET certifies that it is
not entitled to any points under this criterion.  Each applicant in this group claims two points for diversity 
of ownership.  Demchuk supports its claim with governing documents requiring that diversity be 
maintained.  NPET provides only a list of existing attributable interests, without demonstrating that it is 
required to maintain diversity in the future.  Accordingly, only Demchuk will be credited with points 
under this criterion.  Neither applicant claims points as a statewide network.  With respect to technical 
parameters, Demchuk’s proposed 60 dBu contour would encompass 524 square kilometers with a 
population of 5,937.  NPET’s proposed 60 dBu contours would encompass 621 square kilometers with a 
population of 21,569.  NPET qualifies for one point under the best technical proposal criterion because its 
proposal would serve at least 10 percent more area and population than Demchuck.   Accordingly, 
Demchuk is credited with a total of five points, and NPET with a total of one point.  Demchuk is the 
tentative selectee in Group 188. 
44. Group 200. The two applicants in this group would serve different communities in 
Oklahoma.  Iglesia Jesucristo Es Mi Refugio de Austin (“IJMRA”) proposes to serve Dover.  New Life 
Mission (“NLM”) proposes to serve Loyal.  Each states that it is not eligible for a fair distribution 
preference.  Accordingly, each will proceed to a point hearing.  
45. NLM claims three points as an established local applicant. However, it submits no 
information to support its claim.  IJMRA acknowledges that it is not eligible for any points under this 
criterion.  Accordingly, neither applicant will receive any points under this criterion.  Each claims two 
points for diversity of ownership.  NLM does not support its diversity claim and, thus will not receive any 
points under this criterion.  Neither applicant claims points as a statewide network.  With respect to 
technical parameters, IJMRA’s proposed 60 dBu contour would encompass 370 square kilometers with a 
population of 1,459.  NLM’s proposed 60 dBu contour would encompass 1,537 square kilometers with a 
population of 3,742. NLM qualifies for two points under the best technical proposal criterion because its 
proposal would serve at least 25 percent more area and population than IJMRA.    Accordingly, IJMRA 
and NLM are credited with a total of two points each.  The applications will proceed to a tie-breaker.  
46. 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.  IJMRA and NLM certify respectively that each has no attributable interests in any radio 
authorization.  Accordingly, we proceed to the second issue considered in a tie-breaker – the number of 
pending radio applications attributable to each applicant. IJMRA certifies that it has ten pending 
  
56 See Demchuk and NPET Applications, Questions II(1), III(2), and associated exhibits.  Demchuk’s 60 dBu 
contour encompasses 5,937 people and its claimed aggregated first and second NCE service is 4,804 people.  
NPET’s 60 dBu contour encompasses 21,569 people, and its claimed aggregated first and second NCE service is 
3,000 people.  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.
Federal Communications Commission FCC 10-69 
16
applications.  NLM certifies that it has no pending application other than the instant application.  It 
erroneously expressed this fact as having “zero” applications.  We have revised NLM’s claim to reflect 
that it has the one pending application under consideration here.  Regardless, NLM prevails based on this 
second tie-breaker criterion and is the tentative selectee in Group 200. 
47. Group 202. In this group, South Central Oklahoma Christian Broadcasting, Inc. 
(“SCOCBI”) proposes to serve Chickasha, Oklahoma and Norman Unitarian Universalist Fellowship 
(“Norman”) proposes to serve Dibble, Oklahoma.  The staff had tentatively selected SCOCBI through a 
fair distribution analysis57 but, after considering a petition to deny from Norman, determined that neither 
applicant in the group qualifies for a threshold preference.58 The staff has thus referred the group to the 
Commission for a point system analysis. Norman claims that it qualifies for three points as an 
established local applicant.  SCOCBI does not.  Each of the applicants claims two points for diversity of 
ownership, but neither documented its claim.  Accordingly, neither will receive points under this criterion.  
Neither claims points as a statewide network.  With respect to technical parameters, SCOCBI’s proposed 
60 dBu contour would encompass 550 square kilometers with a population of 17,957.  Norman’s 
proposed 60 dBu contour would, using the lowest numbers provided by Norman, encompass 663 square 
kilometers with a population of 7,045.  Neither applicant qualifies for any points under the best technical 
proposal criterion because neither proposal would serve an area and population at least 10 percent greater 
than the other.  Accordingly, Norman is credited with a total of three points, and SCOCBI is not credited 
with any points.59 Norman is the tentative selectee in Group 202.  
48. Group 203.  This group consists of the three applicants proposing to serve two different 
communities in Oregon.  UCB USA, Inc. (“UCB”) proposes to serve Harbor.  North Curry Families and 
Children’s Center (“NCFCC”) and Praise Temple Way of the Church of Christ (“Praise Temple”) each 
propose to serve Port Orford.  Each applicant in this group claims eligibility for a fair distribution 
preference.60 None asserts a preference for first NCE service alone, instead relying on both first and 
second NCE service population totals.  UCB’s, NCFCC’s, and Praise Temple’s aggregated first and 
second NCE service to 3,363, 5,868, and 4,514 people, respectively are comparable.  Accordingly, each 
will proceed to a point hearing.
49. NCFCC claims that it qualifies for three points as an established local applicant.  UCB 
and Praise Temple do not.  Each of the applicants claims two points for diversity of ownership.  None 
  
57 See Threshold Fair Distribution Analysis of 32 Groups of Mutually Exclusive Applications, 23 FCC Rcd 10213, 
10219 (2008).
58 See Alan Korn, Esq., Letter, 24 FCC Rcd 12948 (MB 2009).  SCOCBI was the only applicant in this group to 
claim that it was eligible for a fair distribution preference.  Norman subsequently demonstrated that SCOCBI’s 
analysis erroneously omitted the contour of unbuilt NCE station KFXU, Chickasha, Oklahoma. Norman calculated 
SCOCBI’s aggregated first and second NCE service at 55 people or 0.3 percent of the population, and SCOCBI did 
not contest this showing.  Thus, SCOCBI would not provide an aggregated first and second NCE FM service to at 
least 2,000 people and 10 percent of the population within the station’s 60 dBu contour.  A third applicant –Edwards 
Broadcasting (“Edwards”) – was originally part of Group 202.  Edwards’ application was dismissed in 2008 after 
the staff’s original decision, and Edwards did not seek consideration.  See Broadcast Actions, Public Notice, Rep. 
No. 46809 (Aug. 27, 2008).  
59 Had the Commission accepted SCOCBI’s claims of two diversity points, Norman nevertheless would have 
prevailed because Norman’s total of three credited points would exceed SCOCBI’s claimed two-point total. 
60  See UCB, NCFCC, and Praise Temple Applications, Questions III(1), III(2), and associated exhibits.  UCB’s, 
NCFCC’s, and Praise Temple’s 60 dBu contours respectively encompass 12,737 people, 5,953 people, and 15,814 
people. 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.
Federal Communications Commission FCC 10-69 
17
claims points as a statewide network.  With respect to technical parameters, UCB’s proposed 60 dBu 
contour would encompass 161 square kilometers with a population of 12,737.  NCFCC’s proposed 60 
dBu contour would encompass 638 square kilometers with a population of 5,953.  Praise Temple’s 
proposed 60 dBu contour would encompass 9,749 square kilometers with a population of 15,814.  Praise 
Temple qualifies for one point under the best technical proposal criterion because its proposal would 
serve at least 10 percent more area and population than the next best area of NCFCC’s proposal and the 
next best population of UCB’s proposal.    Accordingly, UCB is credited with a total of two points, 
NCFCC is credited with a total of five points, and Praise Temple is credited with a total of three points.  
NCFCC is the tentative selectee in Group 203.  
50. Group 209.   This group consists of the mutually exclusive applications of UCB USA, 
Inc. (“UCB”) and Clean Air Broadcasting Corp.  (“Clean Air”).  Each applicant proposes to serve the 
community of Coos Bay, Oregon.   Neither applicant claims any points as an established local applicant.  
UCB and Clean Air each claim two points for diversity of ownership.  Neither applicant claims points as 
a statewide network.  With respect to technical parameters, UCB’s proposed 60 dBu contour would 
encompass 228 square kilometers with a population of 34,280.  Clean Air’s proposed 60 dBu contour 
would encompass 383 square kilometers with a population of 34,290.  Neither applicant qualifies as the 
best technical proposal because neither proposes to serve at least ten percent more area and population 
than the other. Accordingly, UCB and Clean Air are credited with a total of two points each, and will 
proceed to a tie-breaker.
51. 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.  UCB certifies that it has attributable interests in seven radio authorizations.  Clean Air certifies 
that it does not have an attributable interest in any radio authorization.  Clean Air therefore prevails based 
on this first tie-breaker criterion and is the tentative selectee in Group 209. 
52. Group 210.  This group consists of the mutually exclusive applications of Portland Radio 
Authority (“PRA”) and Umpqua Christian Radio (“UCR”) to serve different communities in Oregon.  
PRA proposes to serve Glendale.  UCR proposes to serve Milo-Tiller.  Neither claims that it would be 
eligible for a fair distribution preference.  Thus, the applicants will proceed to a point hearing.  
53. UCR claims three points as an established local applicant.  PRA does not.  Each claims 
two points for diversity of ownership, with UCR’s claim based on a pledge to divest LPFM station 
KUMP-LP, Days Creek, Oregon and an associated waiver request.  In accordance with the waiver policy 
set forth above, we hereby waive attribution of UCR’s LPFM station for purposes of this points hearing. 
However, because UCR does not demonstrate that its governing documents would preclude it from 
obtaining additional attributable interests after divestiture of the LPFM station, UCR is not eligible for 
diversity points. Neither applicant claims points as a statewide network.  With respect to technical 
parameters, PRA’s proposed 60 dBu contour would encompass 1,096 square kilometers with a population 
of 4,417.  UCR’s proposed 60 dBu contour would encompass 1,312 square kilometers with a population 
of 1,620.  Neither applicant qualifies as the best technical proposal because neither proposes to serve at 
least ten percent more area and population than the other. Accordingly, PRA is credited with a total of 
two points, and UCR is credited with a total of three points.  UCR is the tentative selectee in Group 210.
54. Group 211.  This group consists of the mutually exclusive applications of Western 
Oregon Opry, Ltd (“WOO”) and Athens Christian Radio, Inc. (“ACR”).  WOO proposes to serve Cottage 
Grove, Oregon.  ACR proposes to serve Lowell, Oregon.  Neither applicant claims that it would be 
eligible for a fair distribution preference.  Thus, the applicants will proceed to a point hearing.  
55. WOO claims three points as an established local entity.  ACR certifies that it is not 
entitled to any points as an established local applicant.  WOO claims two points for diversity of 
ownership.  ACR does not.  Neither applicant claims statewide network points. With respect to technical 
Federal Communications Commission FCC 10-69 
18
parameters, WOO’s proposed 60 dBu contour would encompass 264 square kilometers with a population 
of 14,176.  ACR’s proposed 60 dBu contour would encompass 970 square kilometers with a population 
of 8,045.  Neither applicant qualifies as the best technical proposal because neither proposes to serve at 
least ten percent more area and population than the other. Accordingly, WOO is credited with a total of 
five points and ACR is not credited with any points.  WOO is the tentative selectee in Group 211.  
56. Group 218.  This group consists of three applications to serve two different communities 
in Puerto Rico.  Ministerio Educativo Marcos 16:15 (“MEM”) and Hispanic Broadcast System, Inc. 
(“HBS”) each propose to serve Culebra.  Committee for the Rescue and Development of Vieques, Inc. 
(“CRD”) would serve Vieques.  Each applicant concedes that it would not be eligible for a fair 
distribution preference.   Thus, all must proceed to a point hearing.
57. CRD claims three points as an established local applicant.  MEM and HBS do not.  Each 
applicant in this group claims two points for diversity of ownership.  No applicant claims points as a 
statewide network.  With respect to technical parameters, MEM states that its proposed 60 dBu contour 
would encompass 478 square kilometers with a population of 1,868 people.   However, it appears that 
MEM erroneously included unpopulated areas over water in its area calculations.  HBS’s proposed 60 
dBu contour would encompass 52 square kilometers with a population of 4,209 people.  CRD’s proposed 
60 dBu contour would encompass 51 square kilometers with a population of 5,682 people.  No applicant 
qualifies as the best technical proposal because none proposes to serve an area and population at least ten 
percent greater than the next best proposal.  Accordingly, MEM and HBS are credited with a total of two 
points each.  CRD is credited with a total of five points. Thus, CRD is the tentative selectee in Group 218. 
58. Group 219.   This group consists of the mutually exclusive applications of Family 
Educational Association, Inc. (“FEA”) and Hispanic Broadcast System, Inc. (“HBS”).  Each applicant 
proposes to serve the community of Guayanilla, Puerto Rico.   Neither applicant claims any points as an 
established local applicant.    FEA and HBS claim two points each for diversity of ownership.  Neither 
applicant claims points as a statewide network.  With respect to technical parameters, FEA’s proposed 60 
dBu contour would encompass 126 square kilometers with a population of 29,797.  HBS’s proposed 60 
dBu contour would encompass 143 square kilometers with a population of 73,504.  HBS qualifies for one 
point under the best technical proposal criterion because its proposal would serve at least 10 percent more 
area and population than FEA’s proposal.  Accordingly, FEA is credited with a total of two points, and 
HBS is credited with a total of three points.  HBS is thus the tentative selectee in Group 219.
59. Group 220.   This group consists of the mutually exclusive applications of Family 
Education Association, Inc. (“FEA”) and Hispanic Broadcast System, Inc. (“HBS”).  FEA proposes to 
serve Isabella, Puerto Rico.   HBS proposes to serve Quebadillas, Puerto Rico.  Neither applicant claims 
that it would be eligible for a fair distribution preference.  Thus, both applicants will proceed to a point 
hearing. 
60. HBS claims three points as an established local applicant.    FEA does not.  FEA and 
HBS each claims two points for diversity of ownership.  Neither applicant claims points as a statewide 
network.  With respect to technical parameters, FEA’s proposed 60 dBu contour would encompass 165 
square kilometers with a population of 77,984.  HBS’s proposed 60 dBu contour would encompass 189 
square kilometers with a population of 95,156.  HBS qualifies for one point under the best technical 
proposal criterion because its proposal would serve at least 10 percent more area and population than 
FEA’s proposal.  Accordingly, FEA is credited with a total of two points, and HBS is credited with a total 
of six points.  HBS is thus the tentative selectee in Group 220. 
61. Group 233.   This group consists of the mutually exclusive applications of Laredo 
Stepping Stones (“LSS”) and Iglesia Jesucristo Es Mi Refugio, Inc. (“IJMR”).  Each applicant proposes 
to serve the community of Encinal, Texas. IJMR claims 3 points as an established local applicant.  
However, it provides no support for its claim and, therefore will not be credited with any points under this 
Federal Communications Commission FCC 10-69 
19
criterion.  LSS certifies that it is not entitled to any points under this criterion.  IJMR claims two points 
for diversity of ownership.  LSS does not.  Neither applicant claims points as a statewide network.  With 
respect to technical parameters, LSS’s proposed 60 dBu contour would encompass 3,743 square 
kilometers with a population of 1,077.  IJMR’s proposed 60 dBu contour would encompass 428 square 
kilometers with a population of 840.  LSS qualifies for two points under the best technical proposal 
criterion because its proposal would serve at least 25 percent more area and population than IJMR’s 
proposal.  Accordingly, LSS and IJMR are credited with a total of two points each and will proceed to a 
tie-breaker.
62. 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.  LSS certifies that it has an attributable interest in one radio authorization.  IJMR certifies that it 
does not have an attributable interest in any radio authorization.  IJMR therefore prevails based on this 
first tie-breaker criterion and is the tentative selectee in Group 233. 
63. Group 234.  This group consists of four mutually exclusive applications to serve three 
communities in Texas.  Centro Cristiano de Vida Eterna (“CCVE”) has two applications in the group, one 
for Conroe and the other for Laurel Hill.  Community Radio, Inc. (“CRI”) and KXVI Communications 
(“KXVI”) each propose to serve New Waverly.  None of the applicants in the present group claims that it 
would be eligible for a fair distribution preference.  Thus, each will proceed to a point hearing.  
64. None of the applicants claims points as an established local applicant.  All claim two 
points for diversity of ownership.  No applicant claims points as a statewide network.  With respect to 
technical parameters, the proposed 60 dBu contour of CCVE’s Conroe proposal would encompass 117 
square kilometers with a population of 2,600.  CCVE’s proposed 60 dBu contour for Laurel Hill would 
encompass 359 square kilometers with a population of 3,357.  CRI’s proposed 60 dBu contour would 
encompass 1,255 square kilometers with a population of 21,968, using the lowest numbers provided by 
CRI.  KXVI’s proposed 60 dBu contour would encompass 1,870 square kilometers with a population of 
33,506. KXVI qualifies for two points under the best technical proposal criterion because its proposal 
would serve at least 25 percent more area and population than CRI’s next best proposal.  Accordingly, 
KXVI is credited with a total of four points.  The respective point total for CCVE-Conroe, CCVE-Laurel 
Hill, and CRI is two.  KXVI is thus the tentative selectee in Group 234.
65. Group 235.  This group consists of three mutually exclusive applications to serve 
communities in Texas.  Radio Bilingue, Inc. (“RBI”) and Christian Ministries of the Valley, Inc (“CMV”) 
each propose to serve Eagle Pass.  Iglesia Jesucristo es Mi Refugio, Inc. (“IJMR”) proposes to serve 
Quemado.  RBI, the only applicant in this group to claim that it would be eligible for a fair distribution 
preference, contends that it would provide a new second NCE FM service.61 However, RBI’s claim is 
erroneous because it failed to consider the outstanding construction permit for a new station in Del Rio, 
Texas (File No. BPED-19970513MB), which would provide a second service to the same area claimed by 
RBI.  Therefore, no applicant in this group is eligible for a fair distribution preference and each will 
proceed to a point hearing.  
66. No applicant in this group claims that it qualifies for points as an established local 
applicant.  Each claims two points for diversity of ownership.  RBI states that it “is amending” its 
governing documents to include a diversity provision but provides no supporting documentation that a 
  
61 RBI’s 60 dBu contour encompasses 40,331 people.  RBI’s claimed new first and second NCE service is 4,248
people, all of which is second service.  Thus, RBI argues that it would provide a new first or second NCE service to 
at least 2,000 people and ten percent of the population.
Federal Communications Commission FCC 10-69 
20
timely amendment occurred.  Accordingly, we will not award points to RBI under this criterion.62 None 
of the applicants claim points as a statewide network.  With respect to technical parameters, RBI’s 
proposed 60 dBu contour would encompass 414 square kilometers with a population of 40,331.  CMV’s 
proposed 60 dBu contour would encompass 503 square kilometers with a population of 40,517.  IJMR’s 
proposed 60 dBu contour would encompass 351 square kilometers with a population of 1,035.  No 
applicant in this group qualifies for points under the best technical proposal criterion because CMV, the 
applicant serving the largest area and population, would not serve at least 10 percent more area and 
population than RBI, the applicant with the next best technical proposal.  Accordingly, CMV and IJMR 
are credited with a total of two points each, and RBI is not credited with any points.  RBI is eliminated.  
CMV and IJMR proceed to a tie-breaker.  
67. 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.  CMV certifies that it has attributable interests in two radio authorizations.  IJMR certifies that it 
does not have an attributable interest in any radio authorization.  IJMR therefore prevails based on this 
first tie-breaker criterion and is the tentative selectee in Group 235. 
68. Group 236.   This group consists of the mutually exclusive applications of Radio 
Bilingue, Inc. (“RBI”) and Iglesia Jesucristo es Mi Refugio de San Antonio (“IJMRS”).  Each applicant 
proposes to serve the community of Zapata, Texas.   Neither applicant claims that it qualifies for points as 
an established local applicant.  Each claims two points for diversity of ownership.  RBI states that it “is 
amending” its governing documents to include a diversity provision but provides no supporting 
documentation that a timely amendment occurred.  Accordingly, we will not award points to RBI under 
this criterion.  Neither applicant claims points as a statewide network.  With respect to technical 
parameters, RBI’s proposed 60 dBu contour would encompass 571 square kilometers with a population of 
10,426.  IJMRS’s proposed 60 dBu contour would encompass 166 square kilometers with a population of 
10,325.  Neither applicant qualifies for points as the best technical proposal because neither proposes to 
serve at least ten percent more area and population than the other. Accordingly, IJMRS is credited with a 
total of two points and RBI is not credited with any points.63 IJMRS is the tentative selectee in Group 
236. 
69. Group 237.  The three applicants in this group propose service to two different 
communities in Texas.  Texas Public Radio (“TPR”) and Christian Ministries of the Valley (“CMV”) 
each propose to serve Del Rio.  Iglesia Jesucristo es Mi Refugio, Inc. (“IJMR”) proposes to serve 
Johnstone.  TPR and CMV each claim eligibility for a fair distribution preference.64 IJMR does not.  
Accordingly, IJMR is eliminated.  The fair distribution analysis ends because the remaining two 
applicants, TPR and CMV propose to serve the same community.  TPR and CMV will proceed to a point 
hearing.
  
62 Had the Commission accepted RBI’s claim of two diversity points and allowed it to proceed to a tie-breaker, RBI 
nevertheless would not have prevailed because RBI’s attributable interest in six radio authorizations exceeds the 
interests of others in the group.
63 Had the Commission accepted RBI’s claim of two diversity points, RBI nevertheless would not have prevailed in 
a tiebreaker because RBI’s attributable interest in six radio authorizations exceeds the interests of IJMRS.
64  See TPR and CMV Applications, Questions III(1), III(2), and associated exhibits.  TPR’s 60 dBu contour 
encompasses 44,906 people, and its claimed aggregated first and second NCE service is all 44,906 people.  CMV’s 
60 dBu contour encompasses 44,290 people, and its claimed aggregated first and second NCE service is 30,850 
people. 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.
Federal Communications Commission FCC 10-69 
21
70. Neither TPR nor CMV claims any points as an established local applicant.  TPR and 
CMV each claim two points for diversity of ownership.  Neither applicant claims points as a statewide 
network.  With respect to technical parameters, TPR’s proposed 60 dBu contour would encompass 1,852 
square kilometers with a population of 44,902.  CMV’s proposed 60 dBu contour would encompass 1,761 
square kilometers with a population of 44,290.  Neither applicant qualifies for points as the best technical 
proposal because neither proposes to serve at least ten percent more area and population than the other. 
Accordingly, TPR and CMV are credited with a total of two points each.  TPR and CMV will proceed to 
a tie-breaker.  
71. 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.  TPR certifies that it has attributable interests in three radio authorizations.  CMV certifies that it 
has attributable interests in two radio authorizations.  Therefore, CMV prevails based on this first tie-
breaker and is the tentative selectee in Group 237. 
72. Group 245.  This group consists of the mutually exclusive applications of Templo Piedra 
Angular (“TPA”), New Wine Church of San Antonio (“New Wine”), and Grow Biz, Inc. (“GBI”).  Each 
applicant proposes to serve Andrews, Texas.   None of the applicants in this group claims to be eligible 
for points as an established local applicant.  All three applicants claim two points each for diversity of 
ownership.  New Wine provides no documentation of its diversity claim.  Accordingly, New Wine does 
not qualify for points based on diversity of ownership.  None of the applicants in this group claims points 
as a statewide network.  With respect to technical parameters, TPA’s proposed 60 dBu contour would 
encompass 209 square kilometers with a population of 11,737.  New Wine’s proposed 60 dBu contour 
would encompass 463 square kilometers with a population of 12,545.  GBI’s proposed 60 dBu contour 
would encompass 193 square kilometers with a population of 11,522.  No applicant in this group qualifies 
for points under the best technical proposal criterion because New Wine’s proposal to reach the largest 
area and population would not serve at least ten percent more area and population than TPA’s next best 
proposal.  Accordingly, New Wine is not credited with any points, and TPA and GBI are credited with a 
total of two points each.  New Wine is eliminated.  TPA and GBI will proceed to a tie-breaker.
73. 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.  TPA certifies that it has no attributable interests in any radio authorization.  GBI certifies that it 
has an attributable interest in one radio authorization.  TPA therefore prevails based on this first tie-
breaker and is the tentative selectee in Group 245. 
74. Group 252. The four mutually exclusive applicants in this group propose service to three 
different communities.  Positive Alternative Radio, Inc. (“PAR”) and Delmarva Education Association 
(“DEA”) each propose to serve Danville, Virginia.  Pensacola Christian College, Inc. (“College”) 
proposes to serve Glenwood, Virginia.  Educational Information Corp. (“EIC”) proposes to serve Milton, 
North Carolina.  
75. Each of the applicants in this group claim to be eligible for a fair distribution 
preference.65  Each applicant states that it is not eligible for a preference based on new first NCE service.  
Accordingly, we will examine aggregated new first and second NCE service.  PAR claims to provide 
aggregated first and second service to 43,748 people; DEA to 49,142 people; College to 61,405 people; 
and EIC to 47,712 people.  However, College’s claim to provide a new second NCE service to the entire 
  
65 See PAR, DEA, College, and EIC Applications, Questions III(1), III(2), and associated exhibits.  PAR’s 60 dBu 
contour encompasses 71,411people. DEA’s 60 dBu contour encompasses 69,791 people. College’s 60 dBu contour 
encompasses 61,405 people. EIC’s 60 dBu contour encompasses 73,875 people.  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.
Federal Communications Commission FCC 10-69 
22
population within its 60 dBu contour is erroneous because it failed to consider the authorized service of 
WRVL, WUNC, and WVTF.  College’s second service is comparable to that of the other three applicants 
in this group.  Accordingly, no applicant in this group is entitled to a decisive fair distribution preference.  
Each will be considered in a point hearing.   
76. None of the applicants in this group claims any points as an established local applicant.  
DEA, College and EIC, but not PAR, claim two points for diversity of ownership.  EIC’s claim is based 
on a pledge to return for cancellation its authorization for FM translator station W275AW, Danville, 
Virginia.  DEA, College and EIC will receive two points under this criterion.   None of the applicants in 
this group claims points as a statewide network.  With respect to technical parameters, PAR’s proposed 
60 dBu contour would encompass 589 square kilometers with a population of 71,411.  DEA’s proposed 
60 dBu contour would encompass 656 square kilometers with a population of 69,791.  College’s proposed 
60 dBu contour would encompass 339 square kilometers with a population of 61,405.  EIC’s proposed 60 
dBu contour would encompass 699 square kilometers with a population of 73,875.  No applicant in this 
group qualifies for points under the best technical proposal criterion because EIC’s proposal to reach the 
largest area and population would not exceed by at least ten percent DEA’s next best area and PAR’s next 
best population.  Accordingly, DEA, College and EIC are credited with a total of two points each and 
PAR is not credited with any points.  PAR is eliminated.  DEA, College and EIC will proceed to a tie-
breaker.  
77. 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.  DEA certifies that it has attributable interests in 121 radio authorizations.  College certifies that 
it has attributable interests in 46 radio authorizations.  EIC certifies that it has attributable interests in 11 
radio authorizations.  EIC therefore prevails based on this first tie-breaker and is the tentative selectee in 
Group 252. 
78. Group 253.  The three applicants in Group 253 would serve two different Virginia 
communities.  Liberty University, Inc. (“Liberty”) proposes to serve Bufflick.  Educational Media Corp. 
(“EMC”) and Holy Family Communications (“HFC”) would each serve Winchester.  HFC claims that it 
is eligible for a fair distribution preference.66 However, HFC’s claim was plotted using an incorrect site 
and it contends, for purposes of fair distribution, to cover areas that do not agree with HFC’s own city 
coverage plot.  Thus, HFC’s fair distribution claim is patently defective and not entitled to a preference.     
Liberty and EMC do not claim a fair distribution preference.  Liberty, EMC, and HFC will, therefore, 
proceed to a point hearing.  
79. Liberty, EMC, and HFC do not claim any points as an established local applicant.  Each 
claims two points for diversity of ownership.  No applicant claims points as a statewide network.  With 
respect to technical parameters, Liberty’s proposed 60 dBu contour would encompass 97 square 
kilometers with a population of 8,121.  EMC’s proposed 60 dBu contour would encompass 89 square 
kilometers with a population of 36,312. HFC’s proposed 60 dBu contour would encompass 157 square 
kilometers with a population of 36,322. No applicant qualifies for points under the best technical proposal 
criterion because no applicant proposes to serve an area and population at least ten percent greater than 
the next best proposal.  Accordingly, Liberty, EMF, and HFC are credited with a total of two points each 
and will proceed to a tie-breaker. 
  
66 See HFC Application, Questions III(1), III(2), and associated exhibits.  HFC’s proposed 60 dBu contour 
encompasses 36,322 people.  HFC’s claimed aggregated first and second new NCE service is 14,414 people.  Thus, 
it claims that it 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.
Federal Communications Commission FCC 10-69 
23
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.  Liberty certifies that it has attributable interests in 34 radio authorizations.  EMC certifies that it 
has attributable interests in two radio authorizations.  HFC certifies that it does not have an attributable 
interest in any radio authorization.  HFC therefore prevails based on the first tie-breaker and is the 
tentative selectee in Group 253.  
81. Group 255.  This group consists of the mutually exclusive applications of Spokane 
Public Radio, Inc. (“SPR”) and St’al-Squil-Xw (“SSX”) for different communities in Washington.  SPR 
proposes to serve Colville.  SSX proposes to serve Kettle Falls.  SPR and SSX each claim eligibility for a 
fair distribution preference based on provision of first NCE service to the entire population within each 
applicant’s proposed 60 dBu contour.67 The respective populations of 16,982 and 15,823 are 
comparable.  Therefore, SPR and SSX must proceed to a point hearing.   
82. SSX claims three points as an established local applicant.  SPR certifies that it is not 
entitled to any points under this criterion.  Each claims two points for diversity of ownership.  SSX 
provides no support for its diversity claim.  Accordingly SPR, but not SSX, will receive two points for 
local diversity of ownership.  Neither applicant claims points as a statewide network.  With respect to 
technical parameters, SPR’s proposed 60 dBu contour would encompass 1,822 square kilometers with a 
population of 16,982.  SSX’s proposed 60 dBu contour would encompass 1,231 square kilometers with a 
population of 15,823. Neither applicant qualifies for points as the best technical proposal because neither 
proposes to serve at least ten percent more area and population than the other. Accordingly, SPR is 
credited with a total of two points and SSX is credited with a total of three points.  Thus, SSX is the 
tentative selectee in Group 255.  
83. Group 256.  This group consists of the mutually exclusive applications of Iglesia 
Jesucristo Es Mi Refugio de Austin (“IJMRA”) and Alpha & Omega Broadcasting (“AOB”) to serve 
different communities in Washington.  IJMRA proposes to serve Getchell.  AOB proposes to serve 
Granite Falls.  IJMRA and AOB each states that it would not be eligible for a fair distribution preference.   
Therefore, each must proceed to a point hearing.
84. AOB claims three points as an established local applicant.  However, information 
submitted in support of its claim indicates that AOB was formed as a Washington corporation on April 
13, 2006, less than two years before the filing of its October 2007 application.  Accordingly, AOB cannot 
satisfy the “established” portion of this criterion and will not be credited with any points.68 IJMRA does 
not claim any points under this criterion.  AOB and IJMRA claim two points each for diversity of 
ownership. Neither AOB nor IJMR claims points as a statewide network.  With respect to technical 
parameters, IJMRA’s proposed 60 dBu contour would encompass 140 square kilometers with a 
population of 54,307. AOB’s proposed 60 dBu contour would encompass 528 square kilometers with a 
population of 78,798.  AOB qualifies for two points as the best technical proposal because it proposes to 
serve at least 25 percent more area and population than IJMRA.  Accordingly, IJMRA has been credited 
with a total of two points, and AOB has been credited with a total of four points. AOB is the tentative 
selectee in Group 256.  
85. Group 260. This group consists of the mutually exclusive applications of State of 
Wisconsin – Educational Communications Board  (“Wisconsin”) and Rhinelander Seventh-Day Adventist 
  
67 See SPR and SSX Applications, Questions III(1), III(2), and associated exhibits. SPR’s proposed 60 dBu contour 
encompasses 16,982 people.  SSX’s proposed 60 dBu contour encompasses 15,823 people.    
68 See NCE Reconsideration Order, 17 FCC Rcd at 13138 (a new organization formed by a board of long-time local 
residents does not meet the “established” prong of the established local applicant criterion).  
Federal Communications Commission FCC 10-69 
24
Church (“RSDAC”).  Each proposes to serve Rhinelander, Wisconsin.   Wisconsin and RSDAC each 
claim that they are entitled to three points as established local applicants. RSDAC asserts that it is entitled 
to two points for diversity of ownership.  RSDAC, however, provides no support for its diversity claim.  
Wisconsin does not claim any points under this criterion. Accordingly neither applicant will receive any 
points for local diversity of ownership.  Wisconsin claims, and will be awarded, two points as a statewide 
network.  RSDAC certifies that it is not eligible for any points under this criterion.  With respect to 
technical parameters, Wisconsin’s proposed 60 dBu contour would encompass 4,082 square kilometers 
with a population of 52,005.  RSAC’s proposed 60 dBu contour would, using the lowest numbers 
provided, encompass 4,165 square kilometers with a population of 52,767.  Neither applicant qualifies for 
points as the best technical proposal because neither proposes to serve at least ten percent more area and 
population than the other.  Accordingly, Wisconsin is credited with a total of five points and RSDAC is 
credited with a total of three points.  Wisconsin is the tentative selectee in Group 260.
86. Group 263. This group consists of the mutually exclusive applications of Western 
Wyoming Community College (“WWCC”) and Hi-Line Radio Fellowship, Inc. (“Hi-Line”). Each 
proposes to serve Rock Springs, Wyoming.  WWCC claims three points as an established local applicant.  
Hi-Line certifies that it is not entitled to any points under this criterion.  WWCC claims two points for 
diversity of ownership.  However, WWCC does not document its diversity claim and therefore will not be 
credited with points under this criterion. Hi-Line certifies that it is not entitled to any points under this 
criterion.  Neither applicant claims to be eligible for points as a statewide network. With respect to 
technical parameters, WWCC’s proposed 60 dBu contour would encompass 180 square kilometers with a 
population of 22,365.  Hi-Line’s proposed 60 dBu contour would encompass 5,046 square kilometers 
with a population of 35,851.  Hi-Line qualifies for two points under the best technical proposal criterion 
because it would serve at least 25 percent more area and population than WWCC.    Accordingly, WWCC 
is credited with a total of three points and Hi-Line is credited with a total of two points. WWCC is the 
tentative selectee in Group 263.  
IV. NEXT STEPS
87. Acceptability Studies and Filing of Petitions.  The staff has examined the applications 
of each tentative selectee for application defects.69 Each tentative selectee identified in this Order and its 
Appendix appears to be fully qualified to become the licensee of the new or modified NCE FM stations it 
has proposed.  We tentatively conclude that the grant of their applications would serve the public interest, 
convenience and necessity.  Accordingly, the tentative selectees are accepted for filing.  This triggers a 
30-day period for the filing of petitions to deny.     
88. Any argument that the tentatively selected application should not be granted should be 
raised in such a petition, even if the objection relates only indirectly to the tentative selectee’s 
qualifications.  For example, an applicant that concedes that the tentative selectee is qualified for the 
points received but believes its own proposal should have received a greater number of points than the 
tentative selectee’s would make its argument in a petition to deny.   Parties should not raise such matters 
as petitions for reconsideration of the instant Order because the point hearings herein take no final action 
on any application, and petitions for reconsideration do not lie against such interlocutory decisions.70
  
69 If a tentative selectee’s application is found unacceptable for filing, it is returned.  The applicant is then given one 
opportunity to submit a curative amendment.   See 47 C.F.R. § 73.3522(b)(2).  A tentative selectee that is unable to 
cure the defect with a minor amendment is disqualified, and the applicant with the next highest point tally becomes 
the new tentative selectee.  See 47 C.F.R. § 73.7004(d).
70 See id. § 1.106 (a) (1).  See also Patrick J. Vaughn, Esq., Letter, 22 FCC Rcd 11165 (MB 2007). 
Federal Communications Commission FCC 10-69 
25
89. 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 
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 and dismiss all competing 
applications.  
90. 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, and whether the 
application complies with all relevant Commission rules and policies.71 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 or inclusion of challenged or 
claimed points could alter the outcome in the particular NCE group, or where a new or novel question or 
substantial and material question of fact otherwise exists.72 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.
91. 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 Commission’s own motion, and appeals.  The timing of any action disposing of a petition or appeal 
affecting a particular group will not delay the finality of our decision with respect to any other group. 
V. ORDERING CLAUSES
92. Accordingly, IT IS 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 Commission’s own motion, and appeals.73  
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.
93. Group 51.  Accordingly, IT IS ORDERED, That Defuniak Springs Seventh-Day 
Adventist Church is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE 
FM station in Defuniak Springs, Florida and its application IS ACCEPTED FOR FILING, establishing a 
deadline thirty (30) days hereafter 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 selectee’s 
  
71 See, e.g., Central Florida Educational Foundation, Inc., Letter, 23 FCC Rcd 1695 (MB 2008) (permitting staff 
dismissal of defective application tentatively selected in a point hearing, and staff award of permit on a non-
comparative basis to only remaining acceptable applicant).
72  See generally NCE Omnibus, 22 FCC Rcd at 6162 n.230 (2007) (standards for staff evaluation of petitions).        
73 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 a reviewing court.  See, e.g., FED. R. APP. P. 
3(b).
Federal Communications Commission FCC 10-69 
26
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of 
Calvary Fellowship, Inc. (File No. BNPED-20071022AGL), Joshua Springs Calvary Chapel (File No. 
BNPED-20071022BFR), and TBTA Ministries (File No. BNPED-20071015ADJ), and TO GRANT the 
application of Defuniak Springs Seventh-Day Adventist Church (File No. BNPED-20071022BMF) 
CONDITIONED UPON compliance with Section 73.7005 of the Commission’s 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.
94. Group 57.  Accordingly, IT IS ORDERED, That Neighborhoods United for a Better 
Alachua and Westside Baptist Church of Gainesville are TENTATIVELY SELECTED to be awarded  
construction permits ON A TIMESHARING BASIS for new NCE FM stations in High Springs, Florida. 
The two applications ARE ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter 
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 tentatively selected applications, we direct the staff to 
provide the applicants ninety (90) days in which to reach a timesharing agreement among themselves and, 
upon execution of an acceptable agreement within this time period, TO GRANT the applications of 
Neighborhoods United for a Better Alachua (File No. BNPED-20071019AQU) and Westside Baptist 
Church of Gainesville (File No. BNPED-20071019AUY) CONDITIONED UPON each selectee’s 
compliance with Section 73.7005 of the Commission’s 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.  If the 
applicants are unable to reach a voluntary timesharing agreement, the staff shall designate the applications 
for hearing on the sole issue of an appropriate timesharing arrangement.
95. Group 123.  Accordingly, IT IS ORDERED, That the Application for Review filed by 
Smile FM concerning dismissal of its application (File No. BNPED-20071019ANK) IS DENIED.
96. IT IS FURTHER ORDERED, That Vineyard Academy is TENTATIVELY SELECTED 
to be awarded a construction permit for a new NCE FM station in Vicksburg, Michigan and its 
application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter 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 selectee’s application, we direct the staff, by public 
notice, TO DISMISS the mutually exclusive application of Family First Radio (File No. BNPED-
20071019AYT), and TO GRANT the application of Vineyard Academy (File No. BNPED-
20071022AYR) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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 which 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 period of four years of on-air operations.  
97. Group 172.  Accordingly, IT IS ORDERED, That Seacoast Arts and Cultural Alliance is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Dover, 
New Hampshire and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Granite State 
Educational Fellowship (File No. BNPED-20071019AXF) and TO GRANT the application of Seacoast 
Arts and Cultural Alliance (File No. BNPED-20071022BCU) CONDITIONED UPON compliance with 
Section 73.7005 of the Commission’s 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 PROVIDED THAT, pursuant to a 
waiver 47 C.F.R. § 73.860(a), Seacoast Arts and Cultural Alliance must divest or surrender its license for 
LPFM station WSCA-LP, Portsmouth, New Hampshire prior to commencement of program tests of the 
full service NCE FM station.
Federal Communications Commission FCC 10-69 
27
98. Group 176. Accordingly, IT IS ORDERED, That New Mexico Highlands University 
Foundation is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Romeroville, New Mexico and its application IS ACCEPTED FOR FILING, establishing a 
deadline thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
Abundant Life Broadcasting (File No. BNPED-20071012DYH) and TO GRANT the application of New 
Mexico Highlands University Foundation (File No. BNPED-20071019AAC) CONDITIONED UPON 
that selectee’s compliance with Section 73.7005 of the Commission’s 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. 
99. Group 177.  Accordingly, IT IS ORDERED, That Regents of New Mexico Highlands 
University is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Clayton, New Mexico and its application IS ACCEPTED FOR FILING, establishing a deadline 
thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of 
American Family Association (BNPED-20071012DYL) and La Promesa Foundation (File No. BNPED-
20071019AEB) and TO GRANT the application of Regents of New Mexico Highlands University (File 
No. BNPED-20071019ABB) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of 
the Commission’s 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.   
100. Group 178.  Accordingly, IT IS ORDERED, That Regents of New Mexico Highlands 
University is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Raton, New Mexico and its application IS ACCEPTED FOR FILING, establishing a deadline 
thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
American Family Association (BNPED-20071015DMO) and TO GRANT the application of Regents of 
New Mexico Highlands University (File No. BNPED-20071019AAN) CONDITIONED UPON that 
selectee’s compliance with Section 73.7005 of the Commission’s 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. 
101. Group 179.  Accordingly, IT IS ORDERED, That Regents of New Mexico State 
University is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Silver City, New Mexico and its application IS ACCEPTED FOR FILING, establishing a 
deadline thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
Community Access Television of Silver City (BNPED-20071016AEL) and TO GRANT the application 
of Regents of New Mexico State University (File No. BNPED-20071019AUK) CONDITIONED UPON 
that selectee’s compliance with Section 73.7005 of the Commission’s 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. 
102. Group 180. Accordingly, IT IS ORDERED, That One Ministries, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Truth or 
Consequences, New Mexico and its application IS ACCEPTED FOR FILING, establishing a deadline 
thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
Regents of New Mexico State University (BNPED-20071019ATS) and TO GRANT the application of 
One Ministries, Inc. (File No. BNPED-20071017AIG) CONDITIONED UPON that selectee’s 
Federal Communications Commission FCC 10-69 
28
compliance with Section 73.7005 of the Commission’s 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 PROVIDED 
THAT, pursuant to a waiver 47 C.F.R. § 73.860(a), One Ministries, Inc. must divest or surrender its 
license for LPFM station KQSL-LP, Penngrove, California prior to commencement of program tests of 
the full service NCE FM station.. 
103. Group 184.  Accordingly, IT IS ORDERED, That Centro Cristiano Vida Abundante is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Jessup, 
Nevada and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Living Proof, Inc. 
(File No. BNPED-20071018AJP) and TO GRANT the application of Centro Cristiano Vida Abundante 
(File No. BNPED-20071018ABI) CONDITIONED UPON that selectee’s compliance with Section 
73.7005 of the Commission’s 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. 
104. Group 188.  Accordingly, IT IS ORDERED, That the Petition for Reconsideration filed 
by Eastern U.S. Taiwan Culture Promotion Association, Inc. concerning the dismissal of its application 
(File No. BNPED-20071017ADH) IS DENIED.  
105. IT IS FURTHER ORDERED, That B. Stephen Demchuk Foundation is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Glen Spey, New York and 
its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter 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 selectee’s application, we direct the staff, by public 
notice, TO DISMISS the mutually exclusive application of Northeastern Pennsylvania Educational 
Television Association (File No. BNPED-20071022ARU) and TO GRANT the application of B. Stephen 
Demchuk Foundation (File No. BNPED-20071019ARI) CONDITIONED UPON that selectee’s 
compliance with Section 73.7005 of the Commission’s 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. 
106. Group 200.  Accordingly, IT IS ORDERED, That New Life Mission is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Loyal, Oklahoma and its 
application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter 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 selectee’s application, we direct the staff, by public 
notice, TO DISMISS the mutually exclusive application of Iglesia Jesucristo Es Mi Refugio de Austin 
(File No. BNPED-20071022ACN) and TO GRANT the application of New Life Mission (File No. 
BNPED-20071017AED) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
107. Group 202.  Accordingly, IT IS ORDERED, That Norman Unitarian Universalist 
Fellowship is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Dibble, Oklahoma and its application IS ACCEPTED FOR FILING, establishing a deadline 
thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of 
South Central Oklahoma Christian Broadcasting, Inc. (File No. BNPED-20071019AIW), and TO 
GRANT the application of Norman Unitarian Universalist Fellowship (File No. BNPED-20071019ASV), 
CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the Commission’s Rules, 47 
Federal Communications Commission FCC 10-69 
29
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. 
108. Group 203.  Accordingly, IT IS ORDERED, That North Curry Families and Children’s 
Center is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Port Orford, Oregon and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) 
days hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of UCB USA, Inc. 
(File No. BNPED-20071018APS) and Praise Temple Way of the Church of Christ (File No. BNPED-
20071022BSS), and TO GRANT the application of North Curry Families and Children’s Center (File No. 
BNPED-20071012AVD), CONDITIONED UPON that selectee’s compliance with Section 73.7005 of 
the Commission’s 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. 
109. Group 209.  Accordingly, IT IS ORDERED, That Clean Air Broadcasting Corp. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Coos 
Bay, Oregon and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of UCB USA, Inc. 
(File No. BNPED-20071018APY) and TO GRANT the application of Clean Air Broadcasting Corp. 
(BNPED-20071019AZK) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
110. Group 210.  Accordingly, IT IS ORDERED, That Umpqua Christian Radio is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Milo-
Tiller, Oregon and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Portland Radio 
Authority (File No. BNPED-20071022AOM) and TO GRANT the application of Umpqua Christian 
Radio (BNPED-20071022AER) CONDITIONED UPON that selectee’s compliance with Section 
73.7005 of the Commission’s 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 PROVIDED THAT pursuant to a waiver of 
Section 73.860(a) of the Commission’s Rules, 47 C.F.R. § 73.860(a), Umpqua Christian Radio must 
divest or surrender its license for LPFM station KUMP-LP, Days Creek, Oregon prior to commencement 
of program tests of the full service NCE FM station.
111. Group 211. Accordingly, IT IS ORDERED, That Western Oregon Opry, Ltd. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Cottage 
Grove, Oregon and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Athens Christian 
Radio, Inc. (File No. BNPED-20071015ACQ) and TO GRANT the application of Western Oregon Opry, 
Ltd. (File No. BNPED-20071022AOI) CONDITIONED UPON that selectee’s compliance with Section 
73.7005 of the Commission’s 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.
112. Group 218.  Accordingly, IT IS ORDERED, That Committee for the Rescue and 
Development of Vieques, Inc. is TENTATIVELY SELECTED to be awarded a construction permit for a 
Federal Communications Commission FCC 10-69 
30
new NCE FM station in Vieques, Puerto Rico and its application IS ACCEPTED FOR FILING, 
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 selectee’s application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
applications of Ministerio Educativo Marcos 16:15 (File No. BNPED-20071018AOR) and Hispanic 
Broadcast System, Inc. (File No. BNPED-20071019ADC) and TO GRANT the application of Committee 
for the Rescue and Development of Vieques, Inc. (File No. BNPED-20071018AXU) CONDITIONED 
UPON that selectee’s compliance with Section 73.7005 of the Commission’s 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.   
113. Group 219.  Accordingly, IT IS ORDERED, That Hispanic Broadcast System, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Guayanilla, Puerto Rico and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of the Family 
Educational Association (File No. BNPED-20071018BAU) and TO GRANT the application of Hispanic 
Broadcast System, Inc. (File No. BNPED-20071019ACZ) CONDITIONED UPON that selectee’s 
compliance with Section 73.7005 of the Commission’s 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. 
114. Group 220.  Accordingly, IT IS ORDERED, That Hispanic Broadcast System, Inc. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Quebadillas, Puerto Rico and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Family Educational 
Association, Inc. (File No. BNPED-20071018BBG) and TO GRANT the application of Hispanic 
Broadcast System, Inc. (File No. BNPED-20071017DKW) CONDITIONED UPON that selectee’s 
compliance with Section 73.7005 of the Commission’s 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.
115. Group 233.  Accordingly, IT IS ORDERED, That Iglesia Jesucristo Es Mi Refugio, Inc.  
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Encinal, Texas and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of the Laredo Stepping 
Stone (File No. BNPED-20071015AFA) and TO GRANT the application of Iglesia Jesucristo Es Mi 
Refugio, Inc. (File No. BNPED-20071017AIF) CONDITIONED UPON that selectee’s compliance with 
Section 73.7005 of the Commission’s 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. 
116. Group 234.  Accordingly, IT IS ORDERED, That KXVI Communications is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in New 
Waverly, Texas and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Community Radio, 
Inc. (File No. BNPED-20071015AJE), and Centro Cristiano de Vida Eterna (File Nos. BNPED-
20071018ACA and -20071018ABX) and TO GRANT the application of KXVI Communications (File 
No. BNPED-20071018ANK) CONDITIONED UPON that selectee’s compliance with Section 73.7005 
Federal Communications Commission FCC 10-69 
31
of the Commission’s 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. 
117. Group 235.  Accordingly, IT IS ORDERED, That Iglesia Jesucristo Es Mi Refugio, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Quemado, Texas and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Radio Bilingue, 
Inc. (File No. BNPED-20071016AFA) and Christian Ministries of the Valley, Inc. (File No. BNPED-
20071019ABE), and TO GRANT the application of Iglesia Jesucristo Es Mi Refugio, Inc. (File No. 
BNPED-20071017AIL) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
118. Group 236.  Accordingly, IT IS ORDERED, That Iglesia Jesucristo Es Mi Refugio de 
San Antonio is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM 
station in Zapata, Texas and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Radio Bilingue, Inc. 
(File No. BNPED-20071016AFC), and TO GRANT the application of Iglesia Jesucristo Es Mi Refugio 
de San Antonio (File No. BNPED-20071022AAW) CONDITIONED UPON that selectee’s compliance 
with Section 73.7005 of the Commission’s 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. 
119. Group 237.  Accordingly, IT IS ORDERED, That Christian Ministries of the Valley, Inc. 
is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Del 
Rio, Texas and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Texas Public Radio 
(File No. BNPED-20071016AIU) and Iglesia Jesucristo Es Mi Refugio, Inc. (File No. BNPED-
20071017AIM), and TO GRANT the application of Christian Ministries of the Valley, Inc. (File No. 
BNPED-20071019ABT) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
120. Group 245.  Accordingly, IT IS ORDERED, That Templo Piedra Angular is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Andrews, Texas and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of New Wine Church 
of San Antonio (BNPED-20071022ACL) and Grow Biz, Inc. (BNPED-20071022BJJ) and TO GRANT 
the application of Templo Piedra Angular (File No. BNPED-20071019BDV) CONDITIONED UPON 
that selectee’s compliance with Section 73.7005 of the Commission’s 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. 
121. Group 252.  Accordingly, IT IS ORDERED, That Educational Information Corp. is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Milton, 
Federal Communications Commission FCC 10-69 
32
North Carolina and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days 
hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Positive Alternative 
Radio, Inc. (File No. BNPED-20071015AHZ), Delmarva Education Association (File No. BNPED-
20071022BBT), and Pensacola Christian College, Inc. (File No. BNPED-20071018DFJ), and TO 
GRANT the application of Educational Information Corp. (File No. BNPED-20071018AFS) 
CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the Commission’s 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, PROVIDED THAT Educational Information Corp. must surrender its license for 
FM translator station W275AW, Danville, Virginia prior to commencement of program tests of the full 
service NCE FM station.
122. Group 253.  Accordingly, IT IS ORDERED, That Holy Family Communications is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in 
Winchester, Virginia and its application IS ACCEPTED FOR FILING, 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Liberty University, 
Inc. (File No. BNPED-20071018ABV) and Educational Media Corp. (File No. BNPED-
20071019AHN) and TO GRANT the application of Holy Family Communications (File No. BNPED-
20071022AWO) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
123. Group 255.  Accordingly, IT IS ORDERED, That St’al-Squil-Xw is TENTATIVELY 
SELECTED to be awarded a construction permit for a new NCE FM station in Kettle Falls, Washington 
and that its application is ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter 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 selectee’s application, we direct the staff, by 
public notice, TO DISMISS the mutually exclusive application of Spokane Public Radio, Inc. (File No. 
BNPED-20071019AEY) and TO GRANT the application of St’al-Squil-Xw (File No. BNPED-
20071012ARV) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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.  
124. Group 256.  Accordingly, IT IS ORDERED, That Alpha and Omega Broadcasting is 
TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Granite 
Falls, Washington and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) 
days hereafter 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 selectee’s application, we 
direct the staff, by public notice, TO DISMISS the mutually exclusive application of Iglesia Jesucristo Es 
Mi Refugio de Austin (File No. BNPED-20071022ADC) and TO GRANT the application of Alpha and 
Omega Broadcasting (File No. BNPED-20071015ACS) CONDITIONED UPON that selectee’s 
compliance with Section 73.7005 of the Commission’s 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. 
125. Group 260.  Accordingly, IT IS ORDERED, That State of Wisconsin Educational 
Communications Board is TENTATIVELY SELECTED to be awarded a construction permit for a new 
NCE FM station in Rhinelander, Wisconsin and its application IS ACCEPTED FOR FILING, 
establishing a deadline thirty (30) days hereafter 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 selectee’s application, we direct the staff, by public notice, TO DISMISS the mutually exclusive 
Federal Communications Commission FCC 10-69 
33
application of Rhinelander Seventh Day Adventist Church (File No. BNPED-20071019ADR), and TO 
GRANT the application of State of Wisconsin Educational Communications Board (File No. BNPED-
20071018AWS) CONDITIONED UPON that selectee’s compliance with Section 73.7005 of the 
Commission’s 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. 
126. Group 263.  Accordingly, IT IS ORDERED, That Western Wyoming Community 
College is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station 
in Rock Springs, Wyoming and its application IS ACCEPTED FOR FILING, establishing a deadline 
thirty (30) days hereafter 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 selectee’s 
application, we direct the staff, by public notice, TO DISMISS the mutually exclusive application of Hi-
Line Radio Fellowship, Inc. (File No. BNPED-20071019BDQ), and TO GRANT the application of 
Western Wyoming Community College (File No. BNPED-20071018AGF) CONDITIONED UPON that 
selectee’s compliance with Section 73.7005 of the Commission’s 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 10-69 
34
APPENDIX
Noncommercial Educational Groups
1.  The Appendix consists of a chart and this explanatory text.  The chart lists each 
proceeding by group number. Boldface type is used to designate the applicant(s) in each group that the 
Commission has tentatively selected to receive a construction permit.    
2.  An entry of “n/a” in the Appendix’s 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 use this “n/a” designation for 
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 
applicant’s eligibility for Section 307(b) consideration with a “yes” or “no” entry.1 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 specific first service data.  If an applicant 
provided numbers but did not claim and/or qualify for a preference, the chart notes either “<10 %” or 
“<2,000,” to indicate that the number of people served was less than 10 percent of the population or fewer 
than 2,000 people.  Such 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. 
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 claiming eligibility for such points.  In cases where an 
applicant claimed points, but failed to satisfy the respective requirements for receipt of such points, the 
Appendix lists the points claimed followed in parenthesis by the points credited.  For example, an 
applicant that claimed two points for diversity of ownership, but which did not submit any documentation 
in support of its claim would have the notation 2(0) in the diversity of ownership column, i.e., it claimed 
two points but received none.  A note “no d exh” or “defect d exh” in the notes column would indicate 
that the applicant did not support its diversity claim, either because it submitted no exhibit or because an 
exhibit was deemed defective for lack of the most basic information necessary.  Similar notes, of “no l 
exh” and “no s exh” indicate a lack of support for a local applicant and statewide network claim, 
respectively.  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.  
4. In the case of a tie, the Appendix lists any tiebreaker factors considered including the 
number of attributable authorizations and/or applications reported by each tied applicant.  The lowest 
number value for pending applications is “one” because the subject application is included in the 
calculation.  Some applicants erroneously claimed zero pending applications.  These applicants have the 
notation 0(1) in the tie-breaker column, thus specifying that they claimed zero applications but are 
considered to have one application for purposes of the tie-breaker.  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.”  
  
1 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 10-69 
35
5. Notes are also used to describe certain application characteristics.  For example, the note 
“Trans Divest” 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.  The note “LPFM Divest” is used to denote applicants that excluded existing LPFM stations 
that would be divested upon grant of a full service authorization.    
6. 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.   This column is also used 
for miscellaneous notes.