[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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] BILLING CODE 6712-01-M