WPC  2EB;U@Z#|d@T) yO-#C\  P6QP#"5@^.7O]]x(77Aa.7..]]]]]]]]]]77aaafxxxxofx.]xfxoxofxooof7.7a]7]f]f]7ff..].ffffA]7f]]]SA/Aa.7777CE7\fx]x]x]x]x]x]o]o]o]o]........xfffffxfxfxfxfo]x]xfffo]xfofx]x]x]x]x]x]o]o]o]ffffxfxfCf7f77.f]x]f.fExfxffxAxEo]o]N:.]]7f]]]]]>=]7{{]7..SS]77]].S77t7\[[\aee*C`a.wR]]n[Cfx`xWlRx[][ceIfIs`Wx[rriwge}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}}.7O]]x(77Aa.7..]]]]]]]]]]77aaafxxxxofx.]xfxoxofxooof7.7a]7]f]f]7ff..].ffffA]7f]]]SA/Aa}}}.]S]]7o7}}}}..SS:]7]7}}o.7]]]]/]7{>]a7{\C\777`].77=]fxxxxxxxoooo....xxaxxxxoof]]]]]]]]]]]....fffffff\fffff]fHP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSP2p NQ,,P2s ;w)@X yO-#C\  P6QP#Arial (Bold) (TT)Times New Roman (TT)"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..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[SSSSSSS>'P8.XP2p NQy.C8*XC\  P6QP&&&&&&&&&&&&&&&&&&&&l (Bold) (TT)>'P8. .Current Windows Form'3 2<  + Z : #|d@Courier New (TT)Courier New (Bold) (TT)HP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSd\( @0,,P@݌2Xn R s4dddXd6X@DQ@~9nnnX&n6X@DQ&@6~9nnnX)&n `NQ&K#BBBX JB6X@DQJ@ ~9- 3'3'Standard3'3'Current Windows FormSd\( ݌ Ђ#d6X@`7@##n6X@`7&@#$// New ITFS (BChan, Sante Fe, NM) FCC 94321 //$ $/ 74.913 Selection procedure for mutually exclusive ITFS applica /$ $/ 74.932 Eligibility and licensing requirements /$ S/ 74.931 Purpose and Permissible service /$ ///newjob/// $///FCC 94321 1394///$  ~9< Before the  ~9o< %FEDERAL COMMUNICATIONS COMMISSION ă  ~9&< MWashington, D.C. 20554  ~9K - ` `  ,hh^pp&FCC 94321  ~9 -In re Applications ofhh^ )  ~9p -` ` ,hh^)pp&  Xxx (#(# ~9' -` ` ,hh^)pp  ~9 < PECOS INDEPENDENT SCHOOLS  ) File No. BPLIF920608DE  ~9 - Sante Fe, New Mexico,hh^) ` ` ,hh^)  ~9< THE COLLEGE OF SANTE FEhh^ ) File No. BPLIF921120DR  ~9-Sante Fe, New Mexico,hh^)  ~9q- )  ~9(-For Construction Permit and License)  ~9-in the Instructional Television)pp  ~9-Fixed Service on Channels B1B4)pp&  Xxx (#(#  ~9< 9MEMORANDUM OPINION AND ORDER Ã  ~9r- Adopted: December 12, 1994 Released: January 6, 1995 By the Commission: 1. The Commission has before it for consideration the abovecaptioned mutually exclusive applications of Pecos Independent Schools (Pecos) and The College of Santa Fe (College), each seeking a construction permit and license in the Instructional Television Fixed Service (ITFS) on Channels B1B4 in the area of Santa Fe, New Mexico.  ~9<  ~9O<Ee 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). Both applicants are qualified to be "v)0*0*0*3"Ԍ   ITFS licensees. Pecos is a school district that is accredited by the State of New Mexico Department of Education and that is applying to provide ITFS service to students enrolled at schools within its jurisdiction. College is an educational institution that is accredited by the North Central Association of Colleges and Schools and that is applying to provide ITFS service to its own enrolled students.  ~9<  ~9o< 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  ~9' -spectrum has been allocated. Instructional Television Fixed Service  ~9 -Second Report and Order in MM Docket No. 83523, (Second Report and  ~9 -Order), 101 FCC 2d 49, 6572 (1985); 47 C.F.R. Section 74.913. First,  ~9L-four points are awarded to local applicants.Ls ~9- &-#n6X@`7&@#э A "local" applicant is an institution or organization that is  &-physically located in the community or metropolitan area where service  ~9- &-is proposed. Second Report and Order, 101 FCC 2d at 59; 47 C.F.R.  ~9-Section 74.932, Note 1.#dp@B @#Ѱ 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 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 to applicants for specified  ~9M-levels of proposed ITFS programming.Mls ~98- &-#n6X@`7&@#э 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  ~9-educational programming. 47 C.F.R. Section 74.913(b)(4).#dp@B @# 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  ~9-awarded points based on the following criteria:  ~9s<Localism. Pecos is entitled to four points because it is a school district that proposes to serve the formal educational needs of students enrolled at schools located within its jurisdiction. Likewise, College is entitled to four points because it is an educational institution that proposes to serve the formal educational needs of its own enrolled students. "5 =0*0*0*&"Ԍ  ~9<  ~9%<Accreditation. Pecos is entitled to three points because it is accredited by the State of New Mexico Department of Education. College is also entitled to three points because it is accredited by the North Central Association of Colleges and Schools.  ~9< FourChannel Limitation. Neither applicant 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.  ~9<  ~9K <Instructional Programming. ITFS applicants detail their formal educational and other ITFS programming proposals in both a program schedule and a programming "grid." Pecos's illustrative schedule and programming grid propose an average of 24.375 hours of formal educational programming per channel per week. Thus, Pecos is entitled to one programming merit point. In contrast, College's illustrative schedule and programming grid, as timely amended, propose an average of 42 hours of formal educational programming per channel per week. Thus, College is entitled to two programming merit points.  ~9<  ~9q<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 is entitled to the one point for such applicants.  ~9M< Total. Pecos is entitled to four points for being local, three points for being accredited, two points for observing the fourchannel limitation, and one point for proposing at least 21 hours of formal educational programming per channel per week, for a total of ten points. College is entitled to four points for being local, three points for being accredited, two points for observing the fourchannel limitation, and two points for proposing at least 41 hours of formal educational programming per channel per week, for a total of eleven points. Thus, the tentative selectee is College.  ~9<  ~9*<!uOTHER MATTERS ă  ~9- 5. College proposes to lease its excess capacity for nonITFS use, as permitted by 47 C.F.R. Section 74.931. The applicant has submitted a copy of its lease with MultiMedia Development Corporation, which conforms in all aspects with our requirements for such leases.  ~9+ -  6. No petitions to deny or informal objections have been filed against College's application, and we find College fully qualified to be an ITFS licensee. We also conclude that grant of College's application would serve the public interest, convenience and necessity. "Q'0*(( 1"Ԍ 7. Accordingly, IT IS ORDERED, That the application of Pecos Independent Schools (BPLIF920608DE) IS DENIED, and the application of The College of Sante Fe (BPLIF921120DR) 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. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary  s4 -#dp@B @#