Report No. MM95-19 MASS MEDIA ACTION March 3, 1995 WARNER PUBLIC SCHOOLS GRANTED CP AND LICENSE FOR ITFS CHANNELS G1-G4, AT WARNER, OK The Commission has conditionally granted the application of Warner Public Schools for a construction permit (CP) an license in the Instructional Television Fixed Service (ITFS) on Channels G1-G4, in Warner, OK; and denied the competing applications of Stuart Public Schools and East Central University (ECU) for ITFS channels at McAlester and Henryetta, OK, respectively. In cases of mutually exclusive applications, where 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 most relevant to predicting the applicant best qualified to provide service for the ITFS spectrum was allocated. In this case, Warner received 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 week, for a total of 10 points. Stuart and ECU received four points for being local, three points for being accredited, and two points for observing the four-channel limitation, for a total of nine points each. Thus, the tentative selective is Warner. Warner proposed leasing its excess capacity for non-ITFS use and submitted a copy of its lease agreement with RuralVision Central, Inc., which conforms in all respects for FCC requirements. Because no determination was made that the tower height of two of the receive sites proposed by Warner would not constitute a hazard to air navigation, its CP and license authorization was granted conditionally. -more- -2- Action by the Commission February 28, 1995, by Memorandum Opinion and Order (FCC 95-88). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Mass Media Bureau contact: Barbara Fair at (202) 418-1630.