98-29065. Reexamination of Comparative Standards for Noncommercial Educational Applicants

[Federal Register Volume 63, Number 210 (Friday, October 30, 1998)]
[Proposed Rules]
[Page 58358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-29065]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 73 and 74

[MM Docket No. 95-31; FCC 98-269]


Reexamination of Comparative Standards for Noncommercial 
Educational Applicants

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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SUMMARY: The Commission is seeking further comment on methods that it 
might use to choose among competing applications involving 
noncommercial educational (NCE) broadcast stations, both on the 
reserved and nonreserved portions of the broadcast spectrum. The 
Commission proposes to eliminate the current traditional hearing 
process, which has been costly and time consuming without making 
meaningful distinctions between applicants. It seeks comments on 
various alternatives, including lotteries and point systems. The 
intended effect is to improve methods for considering noncommercial 
educational broadcast applications, consistent with statutory 
requirements.

DATES: Comments are due on or before December 14, 1998. Reply comments 
are due on or before January 4, 1999.

ADDRESSES: Paper comments should be sent to Secretary, Federal 
Communications Commission, 1919 M Street, N.W., Washington, D.C. 20554. 
Electronic comments should be sent via the Internet to http://
www.fcc.gov/e-file/ecfs.html.

FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Mass Media Bureau, 
Audio Services Division [phone].

SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's 
Further Notice of Proposed Rule Making (In the Matter of Reexamination 
of the Comparative Standards for Noncommercial Educational Applicants), 
adopted October 7, 1998, and released October 21, 1998. The complete 
text of this Further Notice of Proposed Rule Making is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room 239), 1919 M Street, N.W., Washington, D.C., and 
also may be purchased from the Commission's copy contractor, 
International Transcription Service, [phone], 1231 20th Street, 
N.W., Washington, DC 20036.

Synopsis of Order

    1. The Commission first issued a Notice of Proposed Rule Making in 
this proceeding in 1995 [ 60 FR 15275 March 23,1995]. The Commission is 
now issuing a Further Notice of Proposed Rule Making to seek comments 
on additional options and issues. The Commission proposes to 
discontinue its use of traditional comparative hearings to select among 
competing applicants for noncommercial educational (NCE) radio and 
television stations. It solicits comments on several alternatives.
    2. With respect to applicants for channels reserved for NCE use, 
the Commission proposes to use either a lottery or a point system. A 
lottery would be weighted to give significant preference to applicants 
who would increase diversity of ownership and applicants controlled by 
a member or members of a minority group, as required by statute. A 
point system would have no required statutory components. The 
Commission seeks comment on various factors for which it might award 
points, including local diversity, fair distribution of service, 
technical parameters, and other factors. The Commission also seeks 
comments on tie breakers, to be used if two or more applicants receive 
the same number of points.
    3. NCE applicants, along with commercial applicants, can also 
currently apply for channels not specifically reserved for NCE use. The 
Balanced Budget Act of 1997 requires that commercial licenses be 
awarded by auction but exempts certain NCE stations from auction. The 
Commission solicits comments on whether the statute would permit an 
auction between commercial and NCE applicants for nonreserved channels, 
with or without bidding credits for the NCE applicant. It also presents 
several non-auction alternatives including expanding the limited 
circumstances under which the Commission will reclassify a commercial 
channel as available for NCE use only in a particular area; considering 
NCE entities ineligible to apply for nonreserved channels altogether; 
and hybrid approaches consisting of a lottery/auction or point system/
auction. The Commission invites comments and additional suggestions 
from the public.

List of Subjects in 47 CFR Parts 73 and 74

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
Magalie Roman Salas,
Secretary.
[FR Doc. 98-29065 Filed 10-29-98; 8:45 am]
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