$// New ITFS (D-Channel, Danville & Champaign, IL) FCC 95-89 //$ $/ 74.913 Selection Procedure for Mutually Exclusive ITFS applica /$ $/ 74.932 Eligibility and licensing requirements /$ $ 74.931 Purpose and permissible service /$ ///newjob/// $///FCC 95-89 3/7/95///$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 FCC 95-89 In re Applications of) ) ) SHEKINAH NETWORK ) File No. BPLIF-931230HM Danville, Illinois ) ) BOARD OF TRUSTEES COMMUNITY ) COLLEGE DISTRICT 535 ) File No. BPLIF-921113DI Champaign, Illinois ) ) For Construction Permit and License ) in the Instructional Television ) Fixed Service on Channels D1-D4.) MEMORANDUM OPINION AND ORDER Adopted: February 28, 1995 Released: March 9, 1995 By the Commission: 1. The Commission has before it for consideration the above- captioned mutually exclusive applications of Shekinah Network (Shekinah) and Board of Trustees Community College District 535 (Board), each seeking a construction permit and license in the Instructional Television Fixed Service (ITFS) on Channels D1-D4 in the areas of Danville and Champaign, Illinois, respectively. BASIC ELIGIBILITY 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). Each applicant is qualified to be an ITFS licensee. While Shekinah is not itself local to the Danville area, it has submitted the requisite letters of intended use from accredited schools engaged in the formal education of enrolled students which will receive its service. It has also documented the establishment of a local programming committee. Board proposes to serve students outside its jurisdiction. It too has submitted the requisite letters of intended use from accredited schools that would offer Board's programming to their students and has documented the establishment of a local program committee. MUTUALLY EXCLUSIVE SELECTION PROCEDURE 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 which the ITFS spectrum has been established. Instructional Television Fixed Service - Second Report and Order in MM Docket No. 83-523, (Second Report and Order), 101 FCC 2d 49, 65-72 (1985); 47 C.F.R. Section 74.913. First, four points are awarded to local applicants. 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 levels of proposed ITFS programming. 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. Neither applicant is entitled to four points for being local. Shekinah, based in Atascadero, California, seeks to serve the Danville, Illinois area. Because its headquarters is not located within the area it proposes to serve, Shekinah is not entitled to points for being a local applicant. See Broken Arrow Public School District #3, 9 FCC Rcd 5783 (1994). Similarly, Board proposes to serve the formal educational needs of students enrolled in schools outside of its jurisdiction. Accordingly, it too is not entitled to any points under this criterion. See Pike County Board of Education, 9 FCC Rcd 529 (1994). Accreditation. Neither applicant is entitled to three points for accreditation. Although Shekinah proposes to serve accredited institutions, 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, Shekinah is not entitled to any points by this measure. See Broken Arrow Public School District #3, supra. Similarly, Board proposes to serve the formal educational needs of students in schools outside of its jurisdiction. Board is not entitled to any points for accreditation. See Pike County Board of Education, supra. Four-Channel 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 four-channel limitation. Instructional Programming. ITFS applicants detail their formal educational and other ITFS programming proposals in both a program schedule and a programming "grid." Shekinah's illustrative schedule and programming grid propose an average of 21.25 hours of formal educational programming per channel per week. Thus, Shekinah is entitled to one programming merit point. In contrast, Board's illustrative schedule and grid propose an average of 4 hours of formal educational programming and 8 hours of other ITFS programming per channel per week. Because the amounts of programming specified by Board in either the illustrative schedule or the grid do not reach the threshold amount at which merit points are awarded, Board is entitled to no programming merit points. 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. Total. Shekinah is entitled to two points for observing the four-channel limitation and one point for proposing at least 21 hours of formal educational programming, for a total of three points. Board is entitled to two points for observing the four-channel limitation. Thus, the tentative selectee is Shekinah. OTHER MATTERS 5. Shekinah proposes to lease its excess capacity for non-ITFS use, as permitted by 47 C.F.R. Section 74.931. Shekinah has submitted a copy of its lease with American Telecasting, Inc., which conforms in all respects with our requirements. 6. No petitions to deny or informal objections have been filed against Shekinah's application, and we find Shekinah fully qualified to be an ITFS licensee. We also conclude that grant of Shekinah's application would serve the public interest, convenience and necessity. 7. Accordingly, IT IS ORDERED, That the application of Board of Trustees Community College District 535 (BPLIF-921113DI) IS DENIED, and the application of Shekinah Network (BPLIF-931230HM) 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