[Federal Register Volume 67, Number 146 (Tuesday, July 30, 2002)]
[Rules and Regulations]
[Pages 49246-49247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19181]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 95-31; FCC 02-192]


Reexamination of Comparative Standards for Noncommercial 
Educational Applicants

AGENCY: Federal Communications Commission.

ACTION: Final rule; denial of petitions for further reconsideration.

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SUMMARY: In this document the Commission denies petitions for further 
reconsideration of the rules and procedures used to compare reserved 
channel noncommercial educational (``NCE'') broadcast applicants. The 
Commission rejects suggestions that it adopt relatively small 
alterations to, or exemptions from, the current standards, finding that 
such changes are unwarranted. The effect of this document is to affirm 
the standards for comparing mutually exclusive NCE applicants on 
reserved channels.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Media Bureau, (202) 
418-2700, Internet address: [email protected].

SUPPLEMENTARY INFORMATION: This is a synopsis of a Memorandum Opinion 
and Second Order on Reconsideration adopted on June 27, 2002 and 
released on July 5, 2002. The Memorandum Opinion and Second Order 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, Qualex International, 
445 12th Street, SW., Washington, DC 20554, Room CY-B402. It also 
appears on the internet at www.fcc.gov/mb in the headlines section.

Synopsis

    In February 2000 and April 2001 the Commission adopted new 
procedures for comparing mutually exclusive applications to construct 
noncommercial educational broadcast stations on channels reserved for 
such use. For FM and FM translator applications the procedures begin 
with a preliminary analysis of fair distribution of service (FM) or 
fill-in service (FM translator). If the preliminary analysis is not 
determinative, the applicants are compared using a point system, which 
selects the applicant receiving the highest score. The point system 
also is used to compare applicants for noncommercial educational 
television stations. The reserved channel selection rules are published 
at 47 CFR 73.7000 through 47 CFR 73.7005. The Memorandum Opinion and 
Second Order denies petitions for further reconsideration, leaving 
unchanged the reserved channel selection rules, related rules and 
procedures announced earlier in this proceeding. Specifically, the 
Commission declined to adopt a suggestion to count, in the reserved 
channel fair distribution of service analysis, certain longstanding NCE 
stations operating on nonreserved channels. Also unchanged is use of a 
June 4, 2001 ``look back'' date for all pending applicants in closed 
groups to establish their non-technical qualifications for the point 
system. The Commission rejected a suggestion that, without a change in 
the look back date, older organizations might qualify for points as 
``established local applicants'' even if the organization existed only 
on paper. It has never been the Commission's intent to award such 
points to organizations engaged in virtually no activities in the 
community of interest. The Commission also affirmed its requirement 
that the organization itself, not only its governing board, must be 
local for two years to be considered ``established.'' Finally, the 
Commission declined to modify its rules concerning the applicability of 
attribution standards in NCE contexts.

Procedural Matters

    This Memorandum Opinion and Second Order on Reconsideration 
promulgates no additional final rules, and we received no petitions for 
reconsideration of the Final Regulatory Flexibility Certification. 
Therefore, no additional Regulatory Flexibility Analysis is required by 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq. The previous final 
certification made in this proceeding remains unchanged. The actions 
taken in this Memorandum Opinion and Second Order on Reconsideration 
have been analyzed with respect to the Paperwork Reduction Act of 1995, 
and found to impose no new or modified reporting and recordkeeping 
requirements or burdens on the public.


[[Page 49247]]


Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 02-19181 Filed 7-29-02; 8:45 am]
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