Report No. MM 95-55 MASS MEDIA ACTION July 7, 1995 FCC GRANTS ITFS APPLICATION IN ARITON AND DOTHAN, AL TO DOTHAN CITY BOARD OF EDUCATION The Commission granted the construction permit and license in the Instructional Television Fixed Service (ITFS) on Channels D1-D4 in Ariton and Dothan, AL to Dothan City Board of Education (Dothan City); and denied the application filed by Henry County Board of Education (Henry). In the cases of mutually exclusive applications, where applicants are competing for the same or adjacent channels in the same geographic area, each applications is reviewed pursuant to our comparative process. Under this comparative selection process, the applicants are awarded points based on the following criteria: Localism: Dothan City and Henry are entitled to four points for being educational institutions proposing to serve the formal educational needs of their enrolled students. Accreditation: Both applications are entitled to three points because they are accredited by the Southern Association of Colleges and Schools. Four Channel Limitation: Neither applicant is the current license of, or has filed applications for, additional ITFS channels in its proposed service area. Therefore, each applicant is entitled to two points for remaining with the four-channel limitation. Instructional Programming: Henry's program grid and illustrative schedule propose an average of 24.375 hours of formal educationsal programming per channel per week. Dothan City's grid and schedule propose an average of 21 hours of formal educational programming per channel per week. Thus, Dothan City and Henry are entitled to one programming merit point apiece. E- and F- Channel Group Relocation: Neither applicant is the current licensee of an E or F channel seeking to relocate to other channels. Therefore, neither applicant is entitled to the one point for such applicants. (over) - 2 - Dothan City and Henry are entitled to a total of ten points. When the comparative procedure results in a tie among two or more applicants, the parties are given 30 days from notification to negotiate an agreement regarding division of the use of the channels. If no agreement is reached and advanced to the Commission within that time, the tentative selectee is determined through the tie-breaker mechanism. This mechanism is based upon the submission by each applicant of the number of students at its proposed receive sites who are formally enrolled in classes for credit for an academic degree or diploma, or a legally required certification or license. Dothan City provided documentation showing that a total of 21,832 students will be served at its receive sites which are located both withing and outside its jurisdiction. Henry claims a total of 14,009 students will be served at its specified receive sites. However, Henry has not submitted the requisite letters of intended use for those receive sites outside its jurisdiction. Consequently, Henry can be credited only with 2,218 students, the number enrolled in the schools within its jurisdiction. Because the number of students credited to Henry, 2,218, is less than 80 percent of the number of students credited to Dothan City, 21,832, Dothan City will be authorized to operate facilities on Channels D1-D4 in Ariton and Dothan, AL. Action by the Commission July 5, 1995 by MO&O (FCC 95-274). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Kara Palamaras at (202) 418-0500. Mass Media Bureau contact: Dorann Bunkin at (202) 418-1630.