WPC 2HBVX Z 3|x')TT)?xxxX/Xx6X@DQX@HP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSx  @,,PX@xxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSt 4/4MtScript ROOM 224HPLAS4.WRSSC\  P6Q,,PP2)+zZ Courier New (TT)Courier New (Bold) (TT)6QP#3|x'HP LaserJet 4M (PCL)HPLA4MPC.PRSx  @\;ZX@2[XpTCourierCourier Bold?xxxX/Xx6X@DQX@6?xxxXXx `NQX~9nnnX&n6X@DQ&@6~9nnnX)&n `NQ&}:nnn,on `7&'3 'A 'A , *(# V&_|Commands&Program&WP2 ~9- #n6X@`7&@# $// MO&O, New ITFS (BChan, Rayville, LA) FCC 94300 //$  ~9n<S/ 74.913 Selection procedure for mutually exclusive ITFS applica /$  ~9%- $/ 74.932 Eligibility and licensing requirements /$ $/ 74.931 Purpose and permissible service /$  ?< #x6X@`7/X@# ///newjob/// $///FCC 94300,12/13/94///$ XVBefore the 0 Federal Communications Commission  ?C<` `  hhCWashington, DC 20554  ? < ` `  hhCqpp  )FCC 94300  ?c <In re Application of hhCq) ` `  hhCq)  ? < OUACHITA ACADEMY hhCq)pp File No. BPLIF920309DA  ? < OF ARTS AND SCIENCE hhCq)  ?<Rayville, LouisianahhCq) ` `  hhCq)  ?< NORTH LOUISIANA AREA HEALTH q)pp File No. BPLIF930219DN  ?< EDUCATION CENTER FOUNDATION q) pp  ?<Holly Ridge, LouisianahhCq) ` `  hhCq)  ?3< NORTHEAST LOUISIANA hhCq)pp File No. BPLIF930219DP  ?< UNIVERSITY  hhCq)  ?<Monroe, LouisianahhCq) ` `  hhCq) For Construction Permit and ) License in the Instructional ) Television Fixed Service on )  ?<Channels B1B4 )  ?<` `   MEMORANDUM OPINION AND ORDER  ?#<Adopted: November 28, 1994qReleased: December 16, 1994 By the Commission: 1. The Commission has before it for consideration the abovecaptioned mutually exclusive applications of Ouachita Academy of Arts and Science (Ouachita), North Louisiana Area Health Education Center Foundation (Health Education Center), and Northeast Louisiana University (NLU) for a construction permit and license on Channels B1B4 in the Instructional Television Fixed Service (ITFS). Ouachita proposes to serve Rayville, Louisiana and surrounding areas. Health Education Center proposes to serve Holly Ridge, Louisiana and surrounding areas. NLU proposes to serve Monroe, Louisiana and surrounding areas. ")0*0*0*t1"Ԍ")0*0*0*t1"Ԍ")0*0*0*t1"Ԍ"$)0*0*0*1"Ԍ ?<; BASIC ELIGIBILITY ă 2. Before applying the mutually exclusive selection procedure to determine the number of merit points to be awarded to each applicant, we must first ascertain the basic eligibility of the applicants. Educational institutions and governmental organizations that propose to serve either their own enrolled students or students at accredited schools within their respective jurisdictions establish their eligibility by accreditation from the appropriate state department of education or a recognized regional or national accrediting organization. Other ITFS applicants that propose to serve students at accredited schools outside of their respective jurisdictions must, to be eligible, submit letters of intended use from those schools and establish local program committees in those communities. See 47 C.F.R. Section 74.932(a)(1)(5). NLU is accredited by the Southern Association of Colleges and Schools and is applying to provide ITFS service to accredited parochial schools and a medical center in the Monroe, Louisiana area. Ouachita is accredited by the Accelerated Christian Education, a regional accrediting body, and is applying to provide ITFS service to accredited private and parochial schools in the Rayville and Monroe areas. Health Education Center is accredited by the Louisiana State University Medical Center and is applying to serve accredited hospitals and other medical facilities in the Holly Ridge area. The tree applicants are all local, and are therefore not required to establish a local programming committee. However, because none of the applicants proposes to serve its own students, each has submitted letters of intended use from the schools and other receive sites it proposes to serve.  ?<  MUTUALLY EXCLUSIVE SELECTION PROCEDURE ă 3. 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 our comparative process. This procedure awards a maximum of twelve merit points based on five criteria deemed to be most relevant to predicting the applicant best qualified to provide the service for which the ITFS spectrum has been allocated.  ? <Instructional Television Fixed Service Second Report and Order  ? <in MM Docket No. 83523, (Second Report and Order), 101 FCC 2d 49, 6572 (1985); 47 C.F.R. Section 74.913. First, four points  ?`"<are awarded to local applicants." `"5 ?$<ԍ A "local" applicant is an institution or organization that is physically located in the community or metropolitan area where  ?H&<service is proposed. Second Report and Order, 101 FCC 2d at 59; 47 C.F.R. Section 74.932, Note 1." Second, three points are awarded to applicants which are accredited schools, educational institutions or school boards and school districts applying  ?$<within their jurisdictions. Third, two points are awarded to"$0*0*0*," applicants whose requests would result in the acquisition by these applicants of four or fewer ITFS channels within the particular area. Fourth, either one or two points may be awarded  ?X<to applicants for specified levels of proposed ITFS programming. @X5 ?<ԍ One point is awarded for a proposed weekly schedule of at least 21 average hours per channel of formal educational programming or of at least 41 average hours per channel of other ITFS programming. Two points are awarded for a proposed weekly schedule of at least 41 average hours per channel of formal educational programming or at least 61 hours per channel of ITFS programming where at least 21 of those hours are formal educational programming. 47 C.F.R. Section 74.913(b)(4).    Fifth, one point is awarded to applicants which are existing E or F Channel licensees seeking to relocate on another ITFS channel group, where such applicants show an established need for an expanded service that cannot be accommodated on their grandfathered E or F facilities. The tentative selectee is the applicant with the highest score.  ?< 4. Under this comparative selection process, the applicants are awarded points based on the following criteria:  ? < Localism. Ouachita and Health Education Center are both entitled to four points because they are physically located within the jurisdictions they propose to serve. NLU is also entitled to four points because it is a university created by the state government for the purpose of serving the formal educational needs of students within the state of Louisiana.  ?h< Accreditation. Although both NLU and Ouachita propose to serve accredited institutions, a factor which satisfies their basic eligibility, neither applicant proposes to serve its own students, the factor necessary for earning merit points under the accreditation criterion. Therefore, neither NLU nor Ouachita is  ?P<entitled to any points by this measure. See Instructional Television Fixed Service Second Report and Order Reconsidered  ?<in MM Docket No. 83523, (Second Report and Order Recon.), 59 RR  ?<2d 1355, 1370 (1986); and Unified School District #511, 8 FCC Rcd  ?p<7060, 7061 (1993). With respect to Health Education Center, the Commission has specifically held that hospitals and medical consortia do not qualify as accredited institutions for the  ?<purpose of receiving accreditation points. Second Report and  ?<Order Recon., 59 RR 2d at 1371. See also, Mooreland Public  ?X<Schools, 9 FCC Rcd 527, 527 (1994); Milwaukee Regional Medical  ? <Instructional Television Station Inc., 2 FCC Rcd, 1472, 1473  ?<(1987). Thus, Health Education Center is not entitled to three points for accredited applicants.   |    | "!0*0*0*P("Ԍ ?< FourChannel Limitation. None of the three applicants is the licensee of, or has filed applications for, additional ITFS channels in its proposed service area. Therefore, each applicant is entitled to two points for remaining within the fourchannel limitation.   |   ?< Instructional Programming. ITFS applicants detail their formal educational and other ITFS programming proposals in both a program schedule and a program "grid." Where the amounts and types of programming proposed in the schedule and in the grid are  ?<inconsistent, we will consider as correct, for comparative purposes, the amount and type which result in the least number of points to the applicant, so long as the excess lease permits that  ?( <level of programming to be transmitted. See Hispanic Information  ? <and Telecommunications Network, Inc., 7 FCC Rcd 5924 (1992).  ? < Ouachita's illustrative schedule proposes an average of 23.75 hours of formal educational and 37.25 hours of other ITFS programming per channel per channel week, while its grid proposes an average of 25 hours of formal and 36 hours of other ITFS programming per channel per week. Using either figure, Ouachita is entitled to two programming merit points. Health Education Center's illustrative schedule and its program grid both propose an average of 7.5 hours of formal educational and 12.5 hours of other ITFS programming per channel per week. Thus, Health Education Center is entitled to no programming merit points. NLU's illustrative schedule proposes an average of 7.5 hours of  ?<formal educational and 13.75 hours of the ITFS programming per channel per week, while its program grid proposes an average of 7.5 hours of formal educational and 12.5 hours of others ITFS programming per channel per week. Using either figure, NLU is entitled to no programming merit points.  ?< E and F Channel Group Relocation. None of the applicants is the current licensee of an E or F channel seeking to relocate to other channels. Therefore, none is entitled to one point for such applicants.  ?< Total . Ouachita is entitled to four points for being local, two points for observing the fourchannel limitation, and two points for proposing at least 61 hours of ITFS programming per week where at least 21 hours are formal, for a total of eight points. Health Education Center is entitled to four points for being local and two points for observing the fourchannel limitation, for a total of six points. NLU is entitled to four points , for being local and two points for observing the fourchannel limitation, for a total of six points. Thus, the tentative selectee is Ouachita.   |    | "'0*((/"Ԍ ?<` `  hhC OTHER MATTERS 5. Ouachita proposes to lease its excess capacity for nonITFS use, as permitted by 47 C.F.R. Section 74.931. Ouachita has submitted a copy of its lease with Cotton Country Cable, Inc., which conforms in all respects with the Commission's requirements for such leases.  |  6. No petitions to deny or informal objections have been filed against Ouachita fully qualified to be an ITFS licensee. We also conclude that grant of Ouachita's application would serve the public interest, convenience and necessity. 7. Accordingly, IT IS ORDERED, That the applications of North Louisiana area Health Educations Center Foundation (BPLIF930219DN) and Northeast Louisiana University (BPLIF930219DP) ARE DENIED, and the application of Ouachita Academy of Arts and Science (BPLIF920309DA) IS GRANTED. 8. IT IS FURTHER ORDERED, That the staff of the Mass Media Bureau shall send copies of this decision to the applicants by certified mail, return receipt requested. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqWilliam F. Caton ` `  hhCqSecretary