NEWSReport No. DC 95-42    ACTION IN DOCKET CASE             March 17, 1995

       MODIFICATION OF CRITERIA USED FOR SELECTING AMONG COMPETING
            APPLICANTS FOR NCE BROADCAST FACILITIES PROPOSED
                            (MM DOCKET 95-31)

     The Commission has asked for comments relating to the possible modification of the
criteria used to select from among competing applicants for new noncommercial educational
(NCE) broadcast facilities.

     In GC Docket 92-52 the Commission initiated a general proceeding to reform the
criteria used to select among mutually exclusive applicants for new broadcast facilities.  In
that proceeding, the Commission noted that the standard for comparison used in NCE
comparative proceedings was vague and difficult to apply and tentatively concluded it should
be eliminated.  

     The standard comparative issue designated in NCE proceedings currently inquires into
"the extent to which each of the proposed operations will be integrated into the overall
cultural and educational objectives of the respective applicants."  The Commission also asks
whether "other factors" in the record demonstrate that one applicant will provide a superior
noncommercial educational broadcast service.  Between 1970 and 1988 NCE applicants were
also compared on the manner in which their proposed operation met the needs of the
community to be served.

     The Commission received some comments in response to the tentative conclusion in
GC  Docket 92-52, but the only two specifc proposals submitted were widely divergent. 
Therefore, because it wanted greater participation the Commission established this separate
proceeding to focus solely on NCE comparative hearings and is asking for 
detailed comments on eight specific issues.

     In addition, the Commission has imposed a partial freeze on the processing of
mutually exclusive NCE applications until it has adopted new or revised NCE comparative
criteria.  Because the partial freeze creates a need to resolve the issues raised in the Notice as
quickly as possible, the Commission has established a 30-day comment period and a 15 day
reply comment period. 

     Action by the Commission February 28, 1995, by Notice of Proposed Rulemaking
(FCC 95-79).  Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong.
                                  - FCC -
     News Media contact: Rosemary Kimball at (202) 418-0500.
     Mass Media Bureau contact: Michael Wagner at (202) 418-2720.