Report No. MM95-22           MASS MEDIA ACTION                March 7, 1995


         CAVALIER PUBLIC SCHOOL DISTRICT #6 GRANTED CP AND LICENSE
                  FOR ITFS  CHANNELS A1-A4 IN MILTON, ND

     The FCC has conditionally granted the application of
Cavalier Public School District #6 for a construction permit (CP)
and license in the Instructional Television Fixed Service (ITFS)
on Channels A1-A4 in Milton, ND; and denied the competing
application of Minto Public School District #20 for the ITFS
channels at Inkster, ND.

     In cases of mutually exclusive ITFS 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
the service for which the ITFS spectrum was allocated.

     In this case, Minto 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. 
Cavalier was awarded four points for being local, three points
for being accredited, two points for observing the four-channel
limitation, and two points for proposing at least 41 hours of
formal educational programming per channel per week, for a total
of 11 points.  Thus, Cavalier is the tentative selectee.

     Cavalier proposed leasing its excess capacity for non-ITFS
use and submitted a copy of its lease agreement with Control
Technology, Inc. (CTI).  Generally, the parties to an excess
capacity lease agreement are identified as the lessor and lessee. 
The ITFS licensee (in this case Cavalier) is the lessor, and the
wireless cable operator (CTI) is the lessee.   However, the lease
agreement identified Cavalier as the lessee and CTI as the
lessor.  Because of this mislabeling, the Commission was unable
to review the lease to determine if it conforms in all respects
to its requirements.   Accordingly, the Commission instructed
Cavalier to submit for review a lease agreement which correctly
and consistently identifies the parties and their respective
obligations.

                                  -more-


                                    -2-

     The Commission noted, however, that this condition does not
reflect on Cavalier's basic or comparative qualifications, nor
preclude grant of an authorization.

     Action by the Commission February 28, 1995, by Memorandum
Opinion and Order (FCC 95-87).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Marsha Evans at (202) 418-1610.