$// MO&O, New ITFS (B-Chan, Montrose and Harrisburg, SD) FCC 95-106 //$ $/ 74.913 Selection procedure for mutually exclusive ITFS applica /$ $/ 74.932 Eligibility and licensing requirements /$ $/ 74.931 Purpose and permissible servuce /$ ///newjob/// $///FCC 95-106,3/15/95///$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 FCC 95-106 In re Applications of ) ) ) TRI-VALLEY SCHOOL DISTRICT #49-6 ) File No. BPLIF-920320DD Montrose, South Dakota ) ) UNIVERSITY OF SOUTH DAKOTA ) File No. BPLIF-920901DA Harrisburg, South Dakota ) ) For Construction Permit and License ) in the Instructional ) Television Fixed Service on ) Channels B1, B2, B3, and B4. ) MEMORANDUM OPINION AND ORDER Adopted: March 9, 1995 Released: March 20, 1995 By the Commission: 1. The Commission has before it for consideration the above- captioned mutually exclusive applications of Tri-Valley School District #49-6 (Tri-Valley) and University of South Dakota (University), each seeking a construction permit and license in the Instructional Television Fixed Service (ITFS) on Channels B1-B4 in the areas of Montrose and Harrisburg, South Dakota, 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). Both applicants are qualified to be ITFS licensees. Tri-Valley is a school district that is accredited by the South Dakota State Board of Education and that proposes to serve the formal educational needs of students enrolled in schools both within and outside its jurisdiction. University, which is accredited by the North Central Association of Colleges and Schools, proposes to provide formal educational programming to its enrolled students at on- campus and off-campus sites. 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 allocated. 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. Each applicant is entitled to four points for being local. Tri-Valley proposes to serve the formal educational needs of students enrolled in schools within its jurisdiction, whereas University proposes to serve its own enolled students. Accreditation. Tri-Valley, accredited by the South Dakota State Board of Education, is entitled to three points for accreditation. University, accredited by the North Central Association of Colleges and Schools, is likewise entitled to three points. Four-Channel Limitation. Neither applicant is the licensee of, or has filed applications for, additional ITFS channels in its proposed service area. Consequently, 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". Tri-Valley's illustrative schedule and program grid propose an average of 24.375 hours of formal educational programming per channel per week. Therefore, Tri-Valley is entitled to one program merit point. In contrast, University's illustrative schedule and grid propose an average of 42 hours of ITFS programming per channel per week, all of which is designated as formal educational programming. Therefore, University is entitled to two 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. Consequently, no applicant is entitled to the one point for such applicants. Total. Tri-Valley is entitled to four points for being local, three points for being accredited, two points for observing the four-channel limitation, and one point for proposing at least 21 hours of formal educational programming per channel per week, for a total of ten points. University is entitled to 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 programming per channel per week, for a total of eleven points. Thus, University is the tentative selectee. OTHER MATTERS 5. University proposes to lease its excess capacity for non-ITFS use, as permitted by 47 C.F.R. Section 74.931. University has submitted a copy of its lease with Family Entertainment Network, Inc., which conforms in all respects with our requirements. 6. No petitions to deny or informal objections have been filed against University's application, and we find University fully qualified to be an ITFS licensee. We also conclude that grant of University's application would serve the public interest, convenience and necessity. 7. Accordingly, IT IS ORDERED, That the application of Tri-Valley School District #49-6 (BPLIF-920320DD) IS DENIED, and the application of University of South Dakota (BPLIF-920901DA) 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