[Federal Register Volume 66, Number 53 (Monday, March 19, 2001)]
[Rules and Regulations]
[Pages 15353-15357]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6637]



[[Page 15353]]

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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 95-31; FCC 01-64]


Reexamination of Comparative Standards for Noncommercial 
Educational Applicants

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission affirmed its April 2000 decision to use a point 
system to select among mutually exclusive noncommercial educational 
(NCE) broadcast applicants on reserved channels. In response to 
requests for additional information, the Commission clarified various 
aspects of the new system and revised several rules to reflect the 
clarifications. Appendix D to the decision identifies approximately 
1,500 pending applications that are members of closed mutually 
exclusive groups on reserved channels. The Commission will issue a 
public notice announcing a date by which those applicants must file 
either a supplement to claim points or a settlement agreement. The 
Commission will waive its rules to permit timely filed settlements to 
exceed the amount of the applicants' reasonable and prudent expenses.

DATES: Effective April 18, 2001.

ADDRESSES: Secretary, Federal Communications Commission, 445 12th 
Street, SW., Washington, DC 20554. Internet address: http://www.fcc.gov.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Federal 
Communications Commission, Mass Media Bureau, Audio Services Division, 
445 12th Street, SW., Washington, DC 20554, (202) 418-2700. Internet 
address: [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Memorandum Opinion and Order adopted February 15, 2001, and released 
February 28, 2001, which affirms and clarifies earlier action in this 
proceeding (See 65 FR 36375, June 8, 2000; 66 FR 3884, January 17, 
2001). The complete text of this Memorandum Opinion and Order is 
available for inspection and copying during normal business hours in 
the FCC Reference Center (Room CY-A257), 445 12th Street, SW., 
Washington, DC, and also may be purchased from the Commission's copy 
contractor, International Transcription Service, (202) 857-3800, 1231 
20th Street, NW., Washington, DC 20036. The text and list of applicants 
in Appendix D can also be obtained over the internet, in the headlines 
section of the FCC's home page http://www.fec.gov.

Synopsis of Order

    1. On February 28, 2001, the Commission released a decision 
responding to seventeen Petitions for Reconsideration and/or 
Clarification of noncommercial educational (NCE) broadcast selection 
procedures adopted in April 2000. The decision clarifies filing 
procedures and selection methods for mutually exclusive applicants 
seeking to construct new or to make major changes to existing reserved 
channel NCE broadcast stations including FM, FM translator, and 
television stations. While providing additional guidance to applicants, 
the decision leaves the point system that will be used to select among 
applicants basically unchanged from that adopted in April 2000.
    2. Future applicants seeking to build new reserved channel NCE 
stations or to make major changes to such existing stations will file 
applications during a ``filing window.'' They will claim points as part 
of their original application, based on their qualifications at the 
time of filing. If mutually exclusive applications are received during 
the filing window the Commission will use a point system and tie 
breakers to select among them. Each applicant's characteristics at the 
time of filing will determine that applicant's maximum points and its 
maximum position in a tie breaker. If an applicant makes changes after 
filing that detract from the original proposal, it will lose points.
    3. Procedures will differ somewhat for pending applications, 
because those applications did not contain any point information at the 
time of filing. Procedures will depend on whether the applicant is in a 
group that is considered ``closed'' or ``open'' in terms of whether it 
is subject to future competition from additional parties.
    4. Appendix D to the Commission's decision lists the applicants in 
``closed'' groups. With respect to these applicants the Commission will 
issue a public notice announcing a supplement date, approximately 30 
days thereafter. By that date, applicants in ``closed'' groups must 
file either a settlement agreement or a supplement to claim points. 
Applicants filing neither will be dismissed. The Commission will waive 
its rules to permit closed group applicants that file settlements on or 
before the supplement date to receive consideration that exceeds 
reasonable and prudent expenses.
    5. Two types of settlements are acceptable: Universal settlements 
and technical solutions, each of which allows immediate grant of an 
authorization. Universal settlements resolve the claims of all 
applicants in the mutually exclusive group. Technical solutions make it 
possible, by means of a minor engineering change, for one applicant to 
remove itself from the group on the four corners of its application 
without affecting the viability of any other applicants.
    6. Non-settling applicants in closed groups must file point 
supplements to remain viable. They may claim non-technical points based 
on their qualifications as of the future ``supplement date'' to be 
announced by public notice. To some degree this may enable existing 
applicants to enhance their positions. For example, an applicant that 
unconditionally withdraws pending applications prior to the supplement 
date would not count those stations for purposes of the tie breaker 
which favors applicants with fewer pending applications. Not all point 
factors can be enhanced in that manner, however. For example, only 
those applicants that have been local for a full two years by the 
supplement date can claim points as an ``established'' local applicant. 
An organization cannot be considered established through its later 
actions, such as by changing in its board of directors after our 
adoption of the point system. Applicants also will not be permitted to 
claim additional points based on recent technical changes, because 
applications have already been studied for technical matters and 
changes now would cause undue delay. The applicant's technical points 
will be examined as of the date on which we issued a ``B'' cut-off 
public notice establishing the closed group or, if no such notice has 
been issued, as of April 21, 2000, the release date of our Report and 
Order in this proceeding. These dates establish maximum points, which 
will be reduced if the applicant makes detracting changes thereafter.
    7. With respect to the final type of applicants (those with pending 
applicants that are still ``open'' to future competition because they 
were never placed on an ``A'' cut-off notice) such applicants will be 
considered along with any additional applications filed within the 
first filing window. Pending applicants in open proceedings have two 
options for claiming points. If an applicant chooses to keep its 
application pending, it may amend that application during the first 
filing window to enhance its proposal and claim the points for which it 
would qualify as of the close of the filing window. Alternatively, an 
applicant may withdraw its pending application

[[Page 15354]]

prior to the first filing window and file a new application that 
includes point information within that window. In either case, existing 
applicants that are subject to competition will have the same 
opportunity as new applicants to submit their best proposals during the 
first filing window.
    8. The Commission's decision makes several other clarifications. 
The rules are amended to clarify that, to the extent that attribution 
is relevant to an NCE station, the attribution standards contained in 
the notes to 47 CFR 73.3555 (the commercial ownership rule) will apply. 
The rules are amended to incorporate the provision that government 
entities are considered local throughout their areas of jurisdiction. 
It is clarified that the NCE standards for fair distribution pursuant 
to 47 U.S.C. 307(b) are based on whether a station is the first or 
second reserved channel FM station received by a substantial population 
within the station's 60dBu contour. For NCE 307(b) purposes, it is 
immaterial whether there are also stations operating on non-reserved 
channels with noncommercial formats and whether there are other NCE 
stations licensed to a particular community. It is clarified that 
consortia of schools can qualify for the state-wide network credit. It 
is clarified that for purposes the point system and its tie breakers, 
radio applicants (whether full service or translator) will count as 
their existing stations and applications, AM, FM, and FM translator 
stations other than fill-in stations. Television applicants will count 
UHF, VHF, and Class A stations. To ensure efficient processing the 
Commission will waive the requirement that applications for new NCE FM 
stations and major changes to existing mutually exclusive NCE FM 
stations be amended pursuant to Docket No. 98-93 to provide city grade 
coverage.

Supplemental Final Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (``RFA''),\1\ an 
Initial Regulatory Flexibility Analysis (``IRFA'') was incorporated in 
the Further Notice of Proposed Rulemaking and a Final Regulatory 
Flexibility Analysis (FRFA) was incorporated in the Report and Order. 
In the Matter of Reexamination of the Comparative Standards for 
Noncommercial Educational Applicants, MM Docket No. 95-31, Further 
Notice of Proposed Rule Making, 63 FR 58358 (October 30, 1998), 13 FCC 
Rcd 21167 (1998) (Further Notice); Report and Order, 65 FR 36375 (June 
8, 2000), 15 FCC Rcd 7386 (2000). This present Supplemental Final 
Regulatory Flexibility Analysis (``Supplemental FRFA'') conforms to the 
RFA as amended by the Contract with America Advancement Act of 1966, 
Public Law 104-121, 110 Stat. 847 (1996) (``CWAAA''). Subtitle II of 
the CWAAA is The Small Business Regulatory Enforcement Fairness Act of 
1996 (``SBREFA''). See 5 U.S.C. 604.
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    \1\ See 5 U.S.C. 603. The RFA, see 5 U.S.C. 601, has been 
amended by the Contract with America Advancement Act of 1996, Pub. 
L. No. 104-121, 110 Stat. 847 (1996) (``CWAAA''). Title II of the 
CWAAA is the Small Business Regulatory Enforcement Fairness Act of 
1996 (``SBREFA'').
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Need For and Objectives of the Memorandum Opinion and Order

    In the Report and Order, the Commission established a point system, 
a type of simplified paper hearing, to select among applicants 
competing to construct new noncommercial educational (NCE) broadcast 
stations on channels reserved for NCE use. The Commission received 
petitions requesting reconsideration and clarification of a variety of 
issues. This Memorandum Opinion and Order affirms the use of a point 
system and the elements therein, but makes the following 
clarifications: (1) Attribution standards applicable to NCE stations 
are clarified; (2) the stated policy that government entities are 
considered local throughout their areas of jurisdiction is incorporated 
into the rules; (3) it is clarified that first and second NCE aural 
signals received, rather than those licensed to a community, will be 
considered for the threshold fair distribution analysis and that, if 
fair distribution is not decisive only equivalent mutually exclusive 
applications with respect to fair distribution will proceed to be 
considered under a point system; (4) the manner in which applicants 
will claim points is clarified; and (5) the manner in which to count 
translator stations is clarified. Additionally, the Memorandum Opinion 
and Order gives applicants in pending closed groups of mutually 
exclusive applications a limited opportunity to settle for more than 
reasonable and prudent expenses.

Summary of Significant Issues Raised by the Public Comments in Response 
to the FRFA

    No comments were received in direct response to the FRFA in MM 
Docket No. 95-31. Two Petitioners for Reconsideration, while not 
addressing the FRFA, ask for clarification of whether small community 
colleges with fewer than five campuses can qualify for state-wide 
network points. The Memorandum Opinion and Order clarifies that small 
colleges that form consortiums with other colleges, so that at least 
five campuses are served, can so qualify. See infra.

Description and Estimate of the Number of Small Entities to Which Rules 
Will Apply

    The RFA directs agencies to provide a description of and, where 
feasible, an estimate of the number of small entities that will be 
affected by the rules. 5 U.S.C. 603(b)(3). The RFA generally defines 
the term ``small entity'' as having the same meaning as the terms 
``small organization,'' ``small business,'' and ``small governmental 
jurisdiction.'' In addition, the term ``small business'' has the same 
meaning as the term ``small business concern'' under the Small Business 
Act. See 5 U.S.C. 601(3); 15 U.S.C. 632. A small business concern is 
one which: (1) Is independently owned and operated; (2) is not dominant 
in its field of operation; and (3) satisfies any additional criteria 
established by the Small Business Administration (``SBA''). Small 
Business Act, 15 U.S.C. 632 (1996). A small organization is generally 
``any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.'' 5 U.S.C. 601(4). 
Nationwide, as of 1992, there were approximately 275,801 small 
organizations. 1992 Economic Census, U.S. Bureau of Census, Table 6 
(special tabulation of data under contract to Office of Advocacy of 
U.S. Small Business Administration). ``Small governmental 
jurisdiction'' generally means ``governments of cities, counties, 
towns, townships, villages, school districts, or special districts, 
with a population of less than 50,000.'' 5 U.S.C. 601(4). The Census 
Bureau estimates that this ratio is approximately accurate for all 
governmental entities. Thus, of the 85,006 governmental entities, we 
estimate that 81,600 (91 percent) are small entities.
    The rules adopted in this Order will apply to television and radio 
stations licensed to operate on channels reserved as ``noncommercial 
educational.'' Specifically, the rules will affect reserved channel FM, 
FM translator, and TV stations that apply to make major changes to 
those existing stations and to applicants for permits to construct new 
reserved channel FM, FM translator, and TV stations. Stations that 
operate on non-reserved channels, such as TV translator stations and AM 
stations are not affected. Stations in low power services (LPTV and 
LPFM) also are not affected.

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    With respect to television stations, the Small Business 
Administration defines a television broadcasting station that has no 
more than $10.5 million in annual receipts as a small business. 
Television broadcasting stations consist of establishments primarily 
engaged in broadcasting visual programs by television to the public, 
except cable and other pay television services. Television stations 
that the Federal Communications Commission (FCC) would consider 
commercial, as well as those that the FCC would consider noncommercial 
educational, are included in this industry. Also included are other 
establishments primarily engaged in television broadcasting and which 
produce taped television program materials. Separate establishments 
primarily engaged in producing taped television program materials are 
classified under another SIC number.
    For 1992 the total number of television stations that produced less 
than $10.0 million in revenue was 1,155 of the 1,509 television 
stations then operating, both commercial and noncommercial, or 77 
percent. As of February 1, 2001, of the 1,667 total television 
stations, 374 were noncommercial educational. Thus, we estimate that 
the proposed rules will potentially affect 288 (77 percent of 374) 
noncommercial educational television stations that are small 
businesses. These existing stations would only be affected if they file 
an application for major modification of their existing facilities, and 
if another applicant files a mutually exclusive application. These 
estimates may overstate the number of small entities since the revenue 
figures on which they are based do not include or aggregate revenues 
from non-television affiliated companies. On the other hand they may 
understate the number of small entities, because we believe that a 
larger percentage of noncommercial educational stations are small 
businesses than the percentage applicable to the television industry as 
a whole. We recognize that the proposed rules may also affect minority 
and women owned stations, some of which may be small entities. In 1997, 
minorities owned and controlled 38 (3.2%) of 1,193 commercial 
television stations in the United States. Comparable figures are not 
available for noncommercial stations. According to the U.S. Bureau of 
the Census, in 1987 women owned and controlled 27 (1.9%) of 1,342 
commercial and noncommercial television stations in the United States. 
The proposal would also affect pending and future mutually exclusive 
applications for noncommercial television stations. As of February 
2001, there are currently 89 pending applications for 31 channels 
reserved for noncommercial educational television usage.
    The rules would also affect noncommercial educational radio 
stations. The SBA defines a radio broadcasting station that has no more 
than $5 million in annual receipts as a small business. 13 CFR 121.201, 
SIC code 4832. A radio broadcasting station is an establishment 
primarily engaged in broadcasting aural programs by radio to the 
public. 1992 Census, Series UC92-S-1, at Appendix A-9. Radio stations 
that the Federal Communications Commission (FCC) would consider 
commercial, as well as those that the FCC would consider noncommercial 
educational, are included in this industry. Also included are entities 
which primarily are engaged in radio broadcasting and which produce 
radio program materials. However, radio stations which are separate 
establishments and are primarily engaged in producing radio program 
material are classified under another SIC number. The 1992 Census 
indicates that 96 percent of radio station establishments produced less 
than $5 million in revenue in 1992. The Census Bureau counts radio 
stations located at the same facility as one establishment. Therefore, 
each colocated AM/FM combination counts as one establishment. Official 
Commission records indicate that 11,334 individual radio stations were 
operating in 1992. FCC News Release, No. 31327 (January 13, 1993). As 
of February 1, 2001, Commission records indicate that 12,751 radio 
stations were operating. Of that radio station total, 2,170 stations 
were noncommercial educational FM radio stations. Thus, we estimate 
that 2,083 (96%) of these noncommercial educational stations are small 
businesses, possibly more because we believe that a greater percentage 
of noncommercial educational stations are small businesses than of the 
radio industry overall. These existing stations would only be affected 
by the proposal if they choose to file applications for major 
modification of facilities and if their applications are mutually 
exclusive with the application of another noncommercial entity. 
Applicants for new NCE radio stations would also potentially be 
affected. As of February 2001 there were 439 pending mutually exclusive 
groups of 1,356 applications, for new noncommercial FM radio stations. 
We also note that this proposal will affect future full service FM 
applications. It also will affect pending and future noncommercial FM 
translator applicants. As of February 1, 2001 there were 43 pending 
mutually exclusive groups of 97 applications for reserved channel FM 
translator stations.

Description of Projected Reporting, Recordkeeping and Other Compliance 
Requirements

    Most of the provisions of the Report and Order are unchanged by the 
Memorandum Opinion and Order. As noted in the Report and Order, the 
point system is expected to reduce the overall administrative burden of 
the Commission's application processes on applicants and the 
Commission. Use of a point system will eliminate the expense of 
preparing for and appearing at lengthy traditional hearings. Applicants 
should also receive decisions faster, because the Commission will make 
numerical calculations instead of preparing detailed hearing decisions. 
These savings should more than offset the time that would be required 
for applicants to gather and submit documentation supporting the points 
claimed. No additional professional services are required by applicants 
filing under these revised rules. Further, the cost of compliance will 
not vary between large and small entities.

Steps Taken to Minimize Significant Economic Impact on Small Entities, 
and Significant Alternatives Considered

    All significant alternatives presented in the petitions and 
responsive comments were considered. The alternatives considered 
generally would affect all reserved channel applicants, regardless of 
whether they are small or large entities, and whether they are seeking 
to construct small or large stations. For example, the Commission 
considered but did not adopt suggestions to use lotteries rather than a 
point system, to adjust the previously established qualifications 
needed to receive various points, and to adopt points for new factors 
such as radio reading services. While generally affirming the choices 
made previously in its Report and Order in this proceeding, MM Docket 
No. 95-31, 15 FCC Rcd 7386 (2000), the Commission clarified various 
matters. Only one clarification specifically affects small entities. In 
response to a concern raised by community colleges, the Commission 
clarified that existing rules permit applicants with fewer than 5 
colleges/50 secondary schools of their own to qualify as state-wide 
networks if through a consortium or similar arrangement they are also 
able to count schools under the authority of other

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educators to which they regularly provide curriculum programming. This 
option may benefit small entities. We expect that there is no 
significant economic impact on small entities as a result of this 
clarification. We will continue to consider small entities favorably in 
the point system, in that they are more likely than large entities to 
qualify for the points awarded for diversity of ownership, established 
local entity, and in a tie breaker for number of existing 
authorizations and applications.

Report to Congress

    The Commission will send a copy of the Memorandum Opinion and 
Order, including this Supplemental FRFA, in a report to be sent to 
Congress pursuant to the Congressional Review Act. See 5 U.S.C. 
801(a)(1)(A). In addition, the Commission will send a copy of this 
Memorandum Opinion and Order, including this Supplemental FRFA, to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the Memorandum Opinion and Order and Supplemental FRFA, (or 
summaries thereof) will also be published in the Federal Register 
pursuant to 5 U.S.C. 604(b).

List of Subjects in 47 CFR Parts 73 and 74

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.

Regulatory Text

    For the reasons discussed in the preamble, parts 73 and 74 of 
Chapter 1 of Title 47 of the Code of Federal Regulations are amended as 
follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for part 73 continues to read:

    Authority: 47 U.S.C. 154, 303, 334, and 336.


    2. Section 73.3555 is amended by revising the last sentence of 
paragraph (f) to read as follows:


Sec. 73.3555  Multiple ownership.

    (f) * * * However, the attribution standards set forth in the Notes 
to this section will be used to determine attribution for noncommercial 
educational FM and TV applicants, such as in evaluating mutually 
exclusive applications pursuant to subpart K.
* * * * *

    3. Section 73.7000 is amended by revising the definition of ``Local 
applicant'' to read as follows:


Sec. 73.7000  Definition of terms (as used in subpart K only).

* * * * *
    Local applicant: An applicant physically headquartered, having a 
campus, or having 75% of board members residing within 25 miles of the 
reference coordinates for the community to be served, or a governmental 
entity within its area of jurisdiction.
* * * * *

    4. Section 73.7002 is amended by revising paragraph (b) to read as 
follows:


Sec. 73.7002  Fair distribution of service on reserved band FM 
channels.

* * * * *
    (b) In an analysis performed pursuant to paragraph (a) of this 
section, a full service FM applicant that will provide the first or 
second reserved channel noncommercial educational (NCE) aural signal 
received by at least 10% of the population within the station's 60dBu 
(1mV/m) service contours will be considered to substantially further 
fair distribution of service goals and to be superior to mutually 
exclusive applicants not proposing that level of service, provided that 
such service to fewer than 2,000 people will be considered 
insignificant. First service to 2,000 or more people will be considered 
superior to second service to a population of any size. If only one 
applicant will provide such first or second service, that applicant 
will be selected as a threshold matter. If more than one applicant will 
provide an equivalent level (first or second) of NCE aural service, the 
size of the population to receive such service from the mutually 
exclusive applicants will be compared. The applicant providing the most 
people with the highest level of service will be awarded a construction 
permit, if it will provide such service to 5,000 or more people than 
the next best applicant. If none of the applicants in a mutually 
exclusive group would substantially further fair distribution goals, 
all applicants will proceed to examination under a point system. If two 
or more applicants will provide the same level of service to an 
equivalent number of people (differing by less than 5,000), only those 
equivalent applicants will be considered together in a point system.
* * * * *

    5. Section 73.7003 is amended by adding two new sentences to the 
end of paragraphs (b)(2) and (c)(1) and adding new paragraphs (e) and 
(f) to read as follows:


Sec. 73.7003  Point system selection procedures.

* * * * *
    (b) * * *
    (2) * * * Radio applicants will count commercial and noncommercial 
AM, FM, and FM translator stations other than fill-in stations. 
Television applicants will count UHF, VHF, and Class A stations.
* * * * *
    (c) * * *
    (1) * * * Radio applicants will count commercial and noncommercial 
AM, FM, and FM translator stations other than fill-in stations. 
Television applicants will count UHF, VHF, and Class A stations.
* * * * *
    (e) For applications filed after April 21, 2000, an applicant's 
maximum qualifications are established at the time of application and 
will be reduced for any post-application changes that negatively affect 
any evaluation criterion.
    (f) For applications filed on or before April 21, 2000, an 
applicant's maximum qualifications are established as of the relevant 
date listed in paragraph (f)(1), (2), or (3) of this section. After the 
relevant date for determining an applicant's maximum points, points 
will be reduced for any changes that negatively affect any evaluation 
criterion. Applicants will establish their qualifications according to 
the following:
    (1) If the applicant is in a group for which a ``B'' cut-off notice 
issued prior to April 21, 2000 its maximum non-technical qualifications 
are established as of the date by which applicants must supplement 
their applications to supply point information, and its maximum 
technical qualifications are established as of the date of the ``B'' 
cut-off notice;
    (2) If the applicant is in a group for which an ``A'' cut-off 
notice issued prior to April 21, 2000 but for which no ``B'' cut-off 
notice issued, its maximum non-technical qualifications are established 
as of the date by which applicants must supplement their applications 
to supply point information, and its maximum technical qualifications 
are established as of April 21, 2000;
    (3) If the applicant was neither placed on an ``A'' cut-off list 
prior to April 21, 2000 nor filed in response to such an ``A'' cut-off 
list, it is subject to competition from applications filed within the 
first filing window, and its maximum technical and non-technical 
qualifications will be determined as of the close of the first filing 
window.

[[Page 15357]]

PART 74--EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER 
PROGRAM DISTRIBUTIONAL SERVICES

    1. The authority citation for part 74 continues to read:

    Authority: 47 U.S.C. 154, 303, 307, 336(f), and 554.


    2. Section 74.1233 is amended by revising paragraphs (e)(3)(i) and 
(ii) to read as follows.


Sec. 74.1233  Processing FM translator and booster station 
applications.

* * * * *
    (e) * * *
    (3) * * *
    (i) Existing authorizations. Each applicant's number of existing 
radio authorizations (licenses and construction permits for AM, FM, and 
FM-translators but excluding fill-in translators) as of the time of 
application shall be compared, and the applicant with the fewest 
authorizations will be chosen as tentative selectee. If each applicant 
is applying for a fill-in translator only, and consideration of its 
other radio stations is not dispositive, its number of existing fill-in 
translator authorizations will also be considered, and the fill-in 
applicant with the fewest fill-in authorizations will be chosen as 
tentative selectee.
    (ii) Existing applications. If a tie remains, after the tie breaker 
in paragraph (e)(3)(i) of this section, the remaining applicant with 
the fewest pending radio new and major change applications (AM, FM, and 
non fill-in FM translators) will be chosen as tentative selectee. If 
each applicant is applying for a fill-in translator only, and 
consideration of its other radio stations is not dispositive, its 
number of existing fill-in translator applications will also be 
considered, and the fill-in applicant with the fewest fill-in 
authorizations will be chosen as tentative selectee.
* * * * *
[FR Doc. 01-6637 Filed 3-16-01; 8:45 am]
BILLING CODE 6712-01-U