WPC  2EB UV+#|d)݌ yO-#C\  P6QP#s4dddXd6X@DQ@ofxooof7.7a]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]fCourier New (TT)Courier New (Bold) (TT)QP2s ;w) ZX yO-#C\  P6QP#Arial (Bold) (TT)Times New Roman (TT)HP LaserJet 4/4MtScript ROOM 224HPLAS4.WRSSd\( @0,,P@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[SSSSSSSs4dddXd6X@DQ@6s4dddX Yd `NQBoldHP LaserJet 4M (PCL)HPLA4MPC.PRSd\( @0wv@2[XB hY|tTdddX2>  -  Z Line Draw (Scalable-PE)CourierCourier Bold#|dHP LaserJet 4M (PCL)HPLA4MPC.PRSd\( @0\wv@2 Xp AT|tTdddXdp@B @<r5ddd,sd6X@`7@s4ddd, Ρd `7l\ntwin.exe;00000000;WPNotify L=?m:\winapps\wpmail\mlw2   =#d6X@`7@#$// MO&O, New ITFS (BChan, Roscoe and Snyder, TX) FCC 955 //$ $/ 74.913 Selection procedure for mutually exclusive ITFS applica /$ $/ 74.932 Eligibility and licensing requirements /$ $/ 74.931 Purpose and permissible service /$  ,n $///FCC 955 1/12/95///$ /// ,n newjob/// ,n   s4- 3'3'Standard3'3'Current Windows FormSd\( ݌ D Before the  s4- z FEDERAL COMMUNICATIONS COMMISSION ă  s48- nWashington, D.C. 20554  s4- ` `  hh,Vpp  FCC 955 In re Applications ofh) h) h)  s4p - COLORADO INDEPENDENT SCHOOL h)File No. BPLIF920821DB  s4 - DISTRICTh ) Ã  s4 - Snyder, TXh) h)  s4 - TRENT INDEPENDENT SCHOOL h)File No. BPLIF920203DI  s4 - DISTRICT h) Roscoe, TXh) h) h) For Construction Permit and Licenseh) in the Instructionalh)  s4-Television Fixed Service onh) Channels B1, B2, B3, and B4.h)  s49- tMEMORANDUM OPINION AND ORDER Ã  s4- Adopted: January 3, 1995 Released:January 19, 1995 ,n  By the Commission:   - 1. The Commission has before it for consideration the mutually exclusive   -applications of Colorado Independent School District (Colorado) and Trent   -Independent School District (Trent), each seeking a construction permit and   -license in the Instructional Television Fixed Service (ITFS) on Channels B1B4 in the areas of Snyder and Roscoe, Texas, respectively.  s4 - ( BASIC ELIGIBILITY ă   9!- 2. Before applying the mutually exclusive selection procedure to determine the   g -number of merit points to be awarded to each applicant, we must first ascertain   -the basic eligibility of the applicants. Educational institutions and   Z-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   9!-organization. Other ITFS applicants that propose to serve students at accredited   -schools outside of their respective jurisdictions must, to be eligible, submit   9!-letters of intended use from those schools and establish local program committees   g -in those communities. See 47 C.F.R. Section 74.932(a)(1)(5). Both applicants   -are qualified to be ITFS licensees. Colorado is accredited by the Texas   9!-Education Agency and proposes to serve the educational needs of students enrolled   Z-in schools both within and outside its jurisdiction. Trent, which is also   -accredited by the Texas Education Agency, proposes to provide ITFS service to   -students enrolled in accredited schools located outside its jurisdiction.   -Accordingly, Trent has submitted the requisite letters of intended use from   9!-schools that will use its service and has documented the establishment of a local programming committee.")=0*0*0*3"Ԍ")=0*0*0*3"Ԍ s4- *t ԙ MUTUALLY EXCLUSIVE SELECTION PROCEDURE ă   ,- 3. 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 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  r5-  -which the ITFS spectrum has been allocated. Instructional Television Fixed  r58-  ,-Service Second Report and Order in MM Docket No. 83523 (Second Report and  r5-  -Order), 101 FCC 2d 49, 6572 (1985); 47 C.F.R. Section 74.913. First, four  r5-  h-points are awarded to local applicants.0 tT-  : -ԍ#d6X@`7s@# A "local" applicant is an institution or organization that is physically  r5 -  -located in the community or metropolitan area where service is proposed. Second  r5, -Report and Order, 101 FCC 2d at 59; 47 C.F.R. Section 74.932, Note 1.#dp@B @#ќ 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   g -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  r5p -  -levels of proposed ITFS programming.p 0 tT-  !-ԍ#d6X@`7s@# 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   Z-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   g -where at least 21 of those hours are formal educational programming. 47 C.F.R.  r5-Section 74.913(b)(4).#dp@B @# Fifth, one point is awarded to applicants   g -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.   9!- 4. Under this comparative selection process, the applicants are awarded points based on the following criteria:  s5O-  - Localism. Colorado is entitled to four points for being a school district   Z-engaged in the formal education of students enrolled in schools within its   g -jurisdiction. Trent proposes to serve students outside of its jurisdiction and  r5E-is, therefore, entitled to no points for being a local applicant. E 0 tT-  : -ԍ#d6X@`7s@# On July 8, 1994, Trent amended its application to propose to also serve   Z-students enrolled at schools within its jurisdiction. If considered, this   -amendment would upgrade Trent's comparative position. However, an applicant's   9!-comparative position cannot be enhanced by amendments filed after the "B" cutoff   -date, which was November 9, 1993 in this case. Therefore, the Trent amendment  r58 -will not be considered. See Second Report and Order, 101 FCC 2d at 74.#dp@B @#Ѹ  s5-  9!- Accreditation. Colorado, accredited by the Texas Education Agency, is entitled   g -to three points for accreditation. Although Trent proposes to serve accredited   9!-schools, a factor which satisfies its basic eligibility, it is not an accredited   -entity in its own right in the area it proposes to serve, the factor necessary   -for earning merit points under the accreditation criterion. Therefore, Trent is  r5-  9!-not entitled to any points for accreditation. See Instructional Television Fixed  r5~-  -Service Second Report and Order Reconsidered in MM Docket No. 83523, 59 RR 2d  r5%-  9!-1355, 1370 (1986); and Unified School District #511, 8 FCC Rcd 7060, 7061 (1993).  r5-Also see, note 3 supra. "s 0*(("Ԍ s5-  - FourChannel Limitation. Neither applicant is the licensee of, or has filed   -applications for, additional ITFS channels in its proposed service area.   g -Consequently, each applicant is entitled to two points for remaining within the fourchannel limitation.  s5D-  !- Instructional Programming. ITFS applicants detail their formal educational and   -other ITFS programming proposals in both a program schedule and a programming   9!-"grid." Colorado's illustrative schedule and programming grid propose an average   -of 41 hours of formal educational programming per channel per week. Colorado is   -therefore entitled to two programming merit points. Trent's illustrative   -schedule and programming grid indicate an average of 24.375 hours of formal ITFS   -programming per channel per week, and Trent is therefore entitled to one program merit point.  s5$ -  "- E and F Channel Group Relocation. Neither applicant is the current licensee   Z-of an E or F channel seeking to relocate to other channels. Consequently, neither is entitled to the one point for such applicants.  s5 -  - Total. Colorado is entitled to four points for being local, three points for   g -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. Trent is entitled to two points   -for observing the fourchannel limitation and one point for proposing at least   g -21 hours of formal educational programming per channel per week, for a total of three points. Thus, the tentative selectee is Colorado.  s5-b8 OTHER MATTERS ă   - 5. Colorado proposes to lease its excess capacity for nonITFS use as  r5-  -permitted by 47 C.F.R. Section 74.931 and has submitted a copy of its lease with   -Snyder Microwave Communications, L.C., which does not conform in all respects   ,-with our requirements. First, the term of the lease as written could extend   -beyond the tenyear period of the license. Specifically, the lease will run ten   ,-years from the "Start Date," which is defined as 30 days after the latest of   -three events to occur: (1) the satisfaction/waiver of various conditions   ,-precedent, including the lessee's acquisition of at least 20 channels in the   9!-market area; (2) the completion of construction of 20 channels in accordance with   ,-authorized permits and licenses; or (3) the construction of and a grant of a   g -license to operate the present Bchannel group. Events (1) and (2) will almost   -certainly be after the date of grant of this license application, and 30 days   ,-after event (3) will, by definition, extend the term of the lease beyond ten  r5-  ,-years. These provisions are inconsistent with the tenyear maximum term for  r5k-  -excess capacity leases permitted by our Rules. Instructional Television Fixed  r5-  Z-Service in Gen. Docket Nos. 9054 and 80113, 5 FCC Rcd 6410, 6416 (1990).   -Second, there is no provision in the lease for acquisition of the ITFS equipment   -in the event that the lease is terminated as a result of some action on the part   -of the excess capacity lessee. We believe that, as a matter of policy, such a   -provision should be added to insure that a licensee will not be forced to   -interrupt its ITFS programming as a result of any action on the part of its  r5-  -lessee. See Turner Independent School District, 8 FCC Rcd 3153, 3155 (1993).   -Third, Section 11 provides that Colorado will not compete in any way with the   -excess capacity lessee in any operation for a period of three years beyond the   ,-term of the lease. Such covenant not to compete unduly restricts Colorado's  r5"-  -operation of the proposed ITFS facility. See Blackwell Consolidated Independent  r5?#-  -School District, 8 FCC Rcd 1721, 1722 (1994). Although inconsistent with our   ,-requirements for excess capacity leases, these provisions neither reflect on   -Colorado's basic or comparative qualifications, nor preclude grant of an  r54%-  -authorization. See Milwaukee Regional Medical Instructional Television Station,  r5%-  -Inc., 2 FCC Rcd 1472, 1473 (1987). Accordingly, Colorado's authorization will  r5&-be conditioned upon conformity of the lease to Commission requirements.  "'0*(( 2"Ԍ   - 6. No petitions to deny or informal objections have been filed against   Z-Colorado's application, and we find Colorado fully qualified to be an ITFS   -licensee. We also conclude that grant of Colorado's application would serve the public interest, convenience and necessity.   - 7. Accordingly, IT IS ORDERED, That the application of Trent Independent   -School District (BPLIF920203DI) IS DENIED, and the application of Colorado   9!-Independent School District (BPLIF920821DB) IS GRANTED, subject to the condition   g -that within 30 days of the release of this Order, Colorado submit to the Chief,   g -Distribution Services Branch for approval, information demonstrating compliance   -with Commission requirements, including, if appropriate, an amended lease agreement conforming in the manner discussed herein.   g - 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 S. Caton Acting Secretary   r5-  tT-#dp@B @#