Report No. MM-861 MASS MEDIA ACTION November 30, 1994 BEATRICE CITY SCHOOL DISTRICT GRANTED CP AND LICENSE FOR ITFS CHANNELS G1-G4 IN TECUMSEH, NE The Commission has conditionally granted the application of Beatrice City School District 15 for a construction permit and license in the Instructional Television Fixed Service (ITFS) on Channels G1-G4 in Tecumseh, NE; and denied the competing application of Rock Port R-II Schools for ITFS channels in Peru, NE. 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 to be most relevant to predicting the applicant best qualified to provide the service for which ITFS spectrum has been allocated. In this case, Rock Port was awarded four points for being local, three points for being accredited, two points for observing he four-channel limitation, and one point for proposing at least 21 hours of formal educational ITFS programming per channel per week, for a total of 10 points. Beatrice 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 ITFS programming per channel per week, for a total of 11 points. Thus, the selectee is Beatrice. Beatrice proposed leasing excess capacity for non-ITFS use and submitted a copy of its lease agreement with U.S.A. Wireless, Inc. However, the lease agreement does not conform entirely to the Commission's requirements for such agreements. Although the agreement is inconsistent with the Commission's maximum term for excess capacity leases, the Commission stated that it neither reflects on the applicant's basic or comparative qualifications nor precludes grant of an authorization. Therefore, the Commission conditioned Beatrice's authorization upon conformity of the lease to FCC requirements. (over) -2- Action by the Commission November 28, 1994, by Memorandum Opinion and Order (FCC 94-301). 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.