[Federal Register Volume 66, Number 106 (Friday, June 1, 2001)]
[Notices]
[Pages 29801-29803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-13716]


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FEDERAL COMMUNICATIONS COMMISSION

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


Reexamination of Comparative Standards for Noncommercial 
Educational Applicants

AGENCY: Federal Communications Commission

ACTION: Notice.

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SUMMARY: The Commission announced in a document that it would require 
pending reserved channel noncommercial educational (``NCE'') broadcast 
applicants in closed mutually exclusive groups to file point 
supplements or settlements by a ``supplement date'' which would be 
announced by public notice. The ``supplement date'' would also serve as 
the ``snap shot'' date for determining the applicant's maximum 
comparative position. On March 22, 2001 the Commission's Mass Media 
Bureau issued a public notice announcing a ``supplement date'' of June 
4, 2001. Affected applicants filing neither a settlement nor a 
supplement by June 4, 2001 will be dismissed.

DATES: Settlements and supplements must be filed with the Commission by 
June 4, 2001.

ADDRESSES: Federal Communications Commission, Mass Media Bureau, Audio 
Services Division, 445 12th Street, SW., Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss (legal) or Edward P. 
De La Hunt (engineering). (202) 418-2700,

[[Page 29802]]

Internet addresses: [email protected] and [email protected].

SUPPLEMENTARY INFORMATION: This public notice was issued on March 22, 
2001. The public notice is also available 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. It also appears on the internet 
at www.fcc.gov in the headlines section. This public notice is a follow 
up to a Memorandum Opinion and Order published in the Federal Register, 
66 FR 15353, March 19, 2001.

Supplements and Settlements to Pending Closed Groups of 
Noncommercial Educational Broadcast Applications Due By June 4, 
2001

Settlement Caps Waived Until June 4, 2001; Abridged Forms 340 and 349 
Released for Use in Claiming Points

    On February 28, 2001 the Commission affirmed and clarified its 
comparative selection policies for applicants seeking to build 
noncommercial educational (``NCE'') broadcast stations. Memorandum 
Opinion and Order (``MO&O''), Reexamination of the Comparative 
Standards for Noncommercial Educational Applicants, MM Docket No. 95-
31, FCC 01-64 (February 28, 2001); summarized in 66 FR 15353 (March 19, 
2001). Under those policies, the Commission will resolve conflicts 
among mutually exclusive applications by use of a ``point system.'' The 
Commission directed the staff, for a limited period, to waive monetary 
limits to facilitate settlements among existing groups of mutually 
exclusive applicants, and finalized the process for selecting among 
non-settling applicants. In this Public Notice, the Mass Media Bureau 
provides additional information for applicants in the approximately 500 
pending NCE licensing proceedings identified in Appendix D of the 
Commission's MO&O. Each of these groups is ``closed;'' i.e., the 
Commission will not accept additional applications in any of the 
groups. We are aware of additional pending applications that are not 
considered ``closed,'' and also of applicants that want to file future 
applications to build noncommercial educational broadcast stations. We 
will consider such applications and provide an opportunity for such 
applicants to claim points in the first relevant NCE filing window, 
which we expect to open after resolving the ``closed'' groups.
    The MO&O established actions that closed group applicants must take 
by a ``supplement date'', which we hereby announce will be June 4, 
2001, approximately 45 days after the rule clarifications become 
effective. On or before June 4, 2001 pending closed group applicants 
must file either a settlement (which can exceed the monetary settlement 
caps set forth in 47 CFR 73.3525(a)(3)) or a supplement claiming the 
points to which they are entitled under the new rules. Those filing 
neither a settlement agreement nor a supplement claiming points by June 
4, 2001 will be dismissed.
    We recommend that all affected applicants obtain a copy of the 
MO&O, which is available on our internet home page www.fcc.gov in the 
headlines section under the date ``02/28/2001''. Mutually exclusive 
applicants listed in Appendix D should contact each other to ascertain 
whether a settlement may now be possible, and if a settlement cannot be 
reached rapidly, applicants should prepare supplements to claim points. 
Mutual exclusivity for radio groups may have changed as a result of the 
Commission's decision in Streamlining of Radio Technical Rules, MM 
Docket No. 98-93 (November 1, 2000), and Appendix D does not reflect 
these changes. More specifically, in that proceeding the Commission 
adopted less preclusive second adjacent interference protection 
standards in Secs. 73.509 and 74.1204 of the Commission's rules to 
conform NCE FM and FM translator proposals to commercial standards. 
Under the new rules, a station's 100 dBu contour generally defines its 
second adjacent channel interfering contour. Radio applicants with 
second adjacent channel conflicts should determine whether these rule 
changes eliminate technical conflicts with any other applications. 
Applicants seeking to modify closed groups based on the new second 
adjacent channel interference standard should file engineering showings 
prominently labeled ``Showing Regarding Second Adjacent Channel'' by 
the June 4, 2001 supplement deadline.
Settlements
    We will waive limitations on the amount of consideration only for 
settlement agreements that are received at the Commission's Office of 
the Secretary on or before June 4, 2001. Settlements may be filed 
immediately. Two types of settlements will be acceptable: universal 
settlements for both radio and television applicants and technical 
solutions in the case of radio applicants only. A universal settlement 
resolves all applications in the mutually exclusive group. A technical 
solution is one in which an applicant removes itself from the group to 
achieve a grant by making minor engineering changes to its own 
application, without affecting the viability of any of the other 
applicants to compete for a second station. We will not entertain 
partial settlements. If a settlement involves more than one group, the 
settlement must be consistent with these guidelines and must resolve 
all groups. We refer applicants to paragraph 98 of the MO&O for more 
information about settlements.
Supplements
    Applicants not filing qualifying settlements must file supplements 
to provide information needed to compare mutually exclusive 
applications. We will be unable to consider any pending ``closed 
group'' application that does not contain the new information. Thus we 
will conclude that any applicant failing to file either a supplement or 
settlement on or before June 4, 2001 is no longer interested in 
obtaining a permit and dismiss its application. Full service FM and TV 
applicants will use relevant sections of FCC Form 340 (June 2000 
version or later) to submit supplements. FM Translator applicants will 
use relevant sections of FCC Form 349 to submit supplements. For the 
applicants' convenience, we have produced abridged versions of these 
forms, containing only the form sections and instructions needed to 
claim points. Applicants may use these abridged ``point supplements,'' 
which are attached to this notice, to amend applications filed prior to 
adoption of the point system. These supplement forms are also available 
via the internet at http://www.fcc.gov/formpage.html. For additional 
information about claiming points, we refer applicants to the MO&O 
(especially paragraphs 28 through 32 which identify the reference dates 
applicants should use to determine the number of points for which they 
qualify and the limited extent to which applicants may be able to 
enhance some of their points prior to those dates). The applicant's 
points as of the date it files its supplement (up to June 4, 2001) will 
establish its maximum position for non-technical matters. With respect 
to technical matters, the applicant's maximum position will be 
established as of the earlier of the ``B'' cut-off date for the closed 
group or April 21, 2000 (the date of the Report and Order in this 
proceeding, if no ``B'' cut-off notice was issued). The applicant will 
not gain any points for enhancements made after the relevant date(s). 
The applicant will,

[[Page 29803]]

however, lose points for changes made after the relevant date(s) that 
detract from its proposal. With respect to population information, 
applicants should use the 2000 Census, if available by June 4, 2001.
How To File
    We will accept point supplements for applicants in closed groups 
beginning on April 18, 2001 (the effective date of the rule 
clarifications in the MO&O) and ending on June 4, 2001. We are 
currently accepting settlements, and will continue to accept 
settlements that exceed expenses until June 4, 2001. It is important 
that applicants provide the correct file number, city and state of the 
application being supplemented or settled, so that we can associate the 
supplemental submissions with the original application and the proper 
mutually exclusive group. FM and FM translator applicants should also 
include the ``group number'' that appears in Appendix D of the MO&O. 
Electronic filing of these forms is not available, and thus applicants 
will submit paper forms.
    Applicants must file an original and three copies of all point 
supplements, section 307(b) information, engineering proposals to 
resolve mutual exclusivity, and/or settlement agreements on or before 
June 4, 2001 with the Commission's Secretary, Magalie Roman Salas, 
Office of the Secretary, Federal Communications Commission, 445 Twelfth 
Street, SW., Room TW-A325, Washington, DC 20554. In addition, radio 
applicants can deliver a courtesy copy to James Crutchfield, Audio 
Services Division, Room 2-B450. Applicants with multiple pending 
proposals must file separate submissions for each station, with each 
submission able to stand on its own. In the case of universal 
settlements, it is sufficient for applicants to file three copies for 
the settling group plus one additional copy for each settling station, 
rather than the usual three copies per station.

    Example: In a settlement of a group with four members, the 
settling applicants may submit 7 (3 + 4) copies of their joint 
settlement, rather than 12 (3  x  4) copies.
    Applicants will submit documentation of their point claims to the 
Commission and to a locally available public file. An applicant 
satisfies its certification that it has submitted documentation to the 
Commission by attaching that documentation to its supplement or by 
concurrently submitting the documentation to the Commission's reference 
room for inclusion in the application file.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 01-13716 Filed 5-31-01; 8:45 am]
BILLING CODE 6712-01-U