[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Page 15275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7121]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[MM Docket No. 95-31; FCC 95-79]


Reexamination of the Comparative Standards for New Noncommercial 
Educational Applicants

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: By this Notice of Proposed Rulemaking, the Commission seeks 
additional comments relating to possible modification of the criteria 
currently used to select among competing applicants for new 
noncommercial educational broadcast facilities.

DATES: Comments are due April 24, 1995; reply comments are due May 10, 
1995.

FOR FURTHER INFORMATION CONTACT:
Michael Wagner, Mass Media Bureau, (202) 418-2720.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Notice 
of Proposed Rulemaking in MM Docket No. 95-31, adopted February 28, 
1995 and released March 17, 1995. The full text of this Commission 
decision is available for inspection and copying during regular 
business hours in the FCC Reference Center (Room 239), 1919 M Street, 
N.W., Washington D.C. The complete text of this decision also may be 
purchased from the Commission's duplicating contractor, International 
Transcription Service, Inc., (202) 857-3800, 2100 M Street, N.W., Suite 
140, Washington, D.C. 20037.

Summary of Notice of Proposed Rulemaking

    1. In its Notice of Proposed Rulemaking In the matter of 
Reexamination of the Policy Statement on Comparative Broadcast 
Hearings, GC Docket No. 92-52, 7 FCC Rcd 2664, 2669 [57 Fed. Reg. 
14683] (1992) (``1992 NPRM''), the Commission initiated a general 
proceeding to reform the criteria used to select among mutually 
exclusive applicants for new broadcast facilities. While primarily 
concerned with the 1965 Policy Statement on commercial broadcast 
hearings [1 FCC 2d 393 (1965)], the Commission noted in Paragraph 39 of 
the 1992 NPRM that the standard used in noncommercial educational 
(``NCE'') proceedings was ``vague'' and difficult to apply. The 
Commission ``tentatively concluded'' that the standard should be 
eliminated, and invited comments on: (1) whether a modified version of 
the ``point system'' proposed for commercial applicants in the 1992 
NPRM should be adopted for NCE applicants; (2) whether the criteria 
used to select commercial applicants are relevant in NCE proceedings; 
and (3) whether a different comparative approach should be followed for 
state-owned public broadcasters as opposed to other NCE applicants.
    2. Six commenters responded to the 1992 NPRM. Examination of the 
comments leads the Commission to conclude that the comments received 
may not be representative of the full range of actual and potential NCE 
station operators. Furthermore, while most commenters agree on several 
points, only two commenters described detailed alternatives to the 
current criteria, and those proposals are widely divergent.
    3. For these reasons, the Commission believes it appropriate to 
seek additional comments regarding both the existing NCE comparative 
criteria and the two alternatives already submitted. In order to focus 
the comments and encourage beneficial input, the Commission lists eight 
specific questions upon which input is sought.
    4. Finally, the Commission has imposed a partial freeze on the 
processing of mutually exclusive NCE applications until it has adopted 
new or revised NCE comparative criteria: as of the release date of this 
Notice, the Commission will not designate mutually exclusive NCE 
applications for comparative hearing. Additionally, presiding 
Administrative Law Judges, the Review Board, and the Commission will no 
longer issue decisions in pending hearing proceedings involving 
competing NCE applicants where those decisions would rely upon the 
existing NCE comparative criteria. The Judges, Board, and Commission 
will, however, continue to encourage and, where appropriate, approve 
settlements among NCE applicants now involved in hearing proceedings 
provided such settlements comply with current Commission policies 
governing those agreements.
    5. The Commission is sensitive to the need to resolve the issues 
presented in this proceeding as quickly as possible. It has therefore 
established a short comment and reply period and will act expeditiously 
once the comment cycle is completed.

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 95-7121 Filed 3-22-95; 8:45 am]
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