Report No. MM-838 MASS MEDIA ACTION June 16, 1994 MONTGOMERY PUBLIC SCHOOL SYSTEM GRANTED CP AND LICENSE FOR ITFS CHANNELS AT MONTGOMERY, AL The Commission has conditionally granted the application of Montgomery Public School System for a construction permit and license on Channel A1-A4 in the Instructional Television Fixed Service (ITFS) at Montgomery, AL. The Commission denied the competing application of Barbour County Board of Education for ITFS facilities at Society Hill, AL. When applicants are competing for the same or adjacent channels in the same geographic area, each application is reviewed pursuant to the Commission's comparative process. This procedure awards a maximum of 12 merit points based on five criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which the ITFS spectrum has been allocated. In this case, the Commission concluded that Montgomery was entitled to four points for being local, three points for being accredited, two points for observing the four-channel limitation, and one point for proposing at least 21 hours of formal educational programming per channel per week, for a total of 10 points. Barbour was awarded two points for observing the four-channel limitation and one point for proposing at lease 21 hours of formal educational programming per channel per week, for a total of three points. Thus, the selectee is Montgomery. Montgomery proposed to lease its excess capacity for non-ITFS use, and submitted a copy of its lease with Capital Cable Television, Inc. However, two provisions of the lease do not comply with the Commission's requirements for such leases. Accordingly, Montgomery's authorization was conditioned upon conformity of the lease to FCC requirements. Action by the Commission June 6, 1994, by Memorandum Opinion and Order (FCC 94-143). Chairman Hundt, Commissioners Quello and Barrett, with Commissioners Ness and Chong not participating. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Jennifer A Johns at (202) 418- 1610.