Notice2024-24245
Media Bureau Announces Filing Window for New Noncommercial Educational Television Stations From December 4 Through December 11, 2024, and Sets Forth Filing Procedures and Requirements
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Published
October 21, 2024
Issuing agencies
Federal Communications Commission
Abstract
The Media Bureau (Bureau) announces that an upcoming filing window for applications for new noncommercial educational (NCETV) station construction permits (NCETV Filing Window) will open at 12:01 a.m. EST on December 4, 2024, and close at 6:00 p.m. EST on December 11, 2024. In addition, effective 12:01 a.m. EST on December 3, 2024, the Commission will not accept rulemaking petitions for full power television stations to change channel, and minor and major change applications for full power and Class A television stations. These freezes will continue in effect until the close of the NCETV Filing Window on December 11, 2024 at 6 p.m. EST (Application Deadline).
Full Text
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<title>Federal Register, Volume 89 Issue 203 (Monday, October 21, 2024)</title>
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[Federal Register Volume 89, Number 203 (Monday, October 21, 2024)]
[Notices]
[Pages 84131-84134]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-24245]
[[Page 84131]]
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FEDERAL COMMUNICATIONS COMMISSION
[DA 24-1065; FR ID 254307]
Media Bureau Announces Filing Window for New Noncommercial
Educational Television Stations From December 4 Through December 11,
2024, and Sets Forth Filing Procedures and Requirements
AGENCY: Federal Communications Commission.
ACTION: Notice.
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SUMMARY: The Media Bureau (Bureau) announces that an upcoming filing
window for applications for new noncommercial educational (NCETV)
station construction permits (NCETV Filing Window) will open at 12:01
a.m. EST on December 4, 2024, and close at 6:00 p.m. EST on December
11, 2024. In addition, effective 12:01 a.m. EST on December 3, 2024,
the Commission will not accept rulemaking petitions for full power
television stations to change channel, and minor and major change
applications for full power and Class A television stations. These
freezes will continue in effect until the close of the NCETV Filing
Window on December 11, 2024 at 6 p.m. EST (Application Deadline).
DATES: The Media Bureau will conduct the NCETV Filing Window from
December 4, 2024 through December 11, 2024.
FOR FURTHER INFORMATION CONTACT: Emily Harrison,
<a href="/cdn-cgi/l/email-protection#bdf8d0d4d1c493f5dccfcfd4ced2d3fddbdede93dad2cb"><span class="__cf_email__" data-cfemail="a7e2cacecbde89efc6d5d5ced4c8c9e7c1c4c489c0c8d1">[email protected]</span></a>, (202) 418-1665, Kevin Harding,
<a href="/cdn-cgi/l/email-protection#d299b7a4bbbcfc9ab3a0b6bbbcb592b4b1b1fcb5bda4"><span class="__cf_email__" data-cfemail="eaa18f9c8384c4a28b988e83848daa8c8989c48d859c">[email protected]</span></a>, (202) 418-7077, or Mark Colombo,
<a href="/cdn-cgi/l/email-protection#2e634f5c45006d414241434c416e484d4d00494158"><span class="__cf_email__" data-cfemail="064b67746d2845696a696b64694660656528616970">[email protected]</span></a>, (202) 418-7611 of the Video Division, Media
Bureau.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Media Bureau's
Public Notice, in DA 24-1065, released on October 10, 2024. The full
text of this document is available for download at <a href="https://www.fcc.gov/document/media-bureau-announces-nce-filing-window-opportunity">https://www.fcc.gov/document/media-bureau-announces-nce-filing-window-opportunity</a>. To
request materials in accessible formats (braille, large print, computer
diskettes, or audio recordings), please send an email to <a href="/cdn-cgi/l/email-protection#aee8eded9b9e9aeec8cdcd80c9c1d8"><span class="__cf_email__" data-cfemail="3f797c7c0a0f0b7f595c5c11585049">[email protected]</span></a>
or call the Consumer & Government Affairs Bureau at (202) 418-0530
(VOICE), (202) 418-0432 (TTY).
Synopsis
The NCETV Filing Window will open at 12:01 a.m. EST on December 4,
2024, and close at 6 p.m. EST on December 11, 2024. The NCETV Filing
Window provides an opportunity for applications for new NCETV station
construction permits. Applications in the NCETV Filing Window will be
filed electronically via the Commission's Licensing and Management
System (LMS) on FCC Form 2100, Schedule A-340 and no filing fee is
required for this application. Instructions on completing Form 2100,
Schedule A-340 are available at <a href="https://www.fcc.gov/sites/default/files/lms-Form-2100-Schedule-A-340-NCE-construction-permit-application-instructions.pdf">https://www.fcc.gov/sites/default/files/lms-Form-2100-Schedule-A-340-NCE-construction-permit-application-instructions.pdf</a>.
In conjunction with the NCETV Filing Window, effective October 10,
2024, the Commission will not accept petitions to amend the Table of TV
Allotments to allot new reserved noncommercial educational channels to
communities. In addition, effective 12:01 a.m. EST on December 3, 2024,
the Commission will not accept rulemaking petitions for full power
television stations to change channel, and minor and major change
applications for full power and Class A television stations. These
freezes will continue in effect until the close of the NCETV Filing
Window on December 11, 2024 at 6 p.m. EST.
Basic NCETV Eligibility Certifications
Nonprofit Educational Eligibility Qualifications. Applicants for
NCETV stations must meet basic eligibility requirements set forth in
section 73.621 of the Commission's rules (Rules) and established
licensing policies that are not codified in its rules. In addition to
the Bureau's Public Notice, applicants should refer to the Instructions
to Schedule A-340 for guidance on basic eligibility requirements.
Section 73.621(a) of the Rules requires that a reserved channel be
``licensed only to nonprofit educational organizations . . . .'' Thus,
Schedule A-340 requires that each applicant certify that it is either a
nonprofit educational institution, a governmental entity other than a
school, or a nonprofit educational organization. All nonprofit
educational institutions, including public and private schools and
colleges, should choose ``nonprofit educational institution'' under
``Legal Certifications/Eligibility'' on Schedule A-340. Government
entities, including agencies and boards that do not operate a school,
should choose ``governmental entity other than school.'' Nonprofit
educational organizations that are neither schools nor government
entities, such as private educational nonprofit corporations, should
choose ``nonprofit educational organization, other than described
above.'' If the applicant cannot answer ``Yes'' to any subpart of this
question, the applicant is not eligible to hold an NCETV station
authorization.
Television applicants other than governments and schools are
eligible to hold NCETV authorizations only if the majority (more than
50 percent) of their governing board or leaders are representative of a
broad cross section of community elements. Thus, if the applicant
chooses ``nonprofit educational organization'' under the Eligibility
certification, it is required to certify that persons in leadership
positions, such as its officers, directors and members of its governing
board, are broadly representative of the educational, cultural, and
civic segments of the principal community to be served in order to
establish their basic qualifications. Some examples of elements of the
community are businesses; charities; civic, neighborhood and fraternal
organizations; culture; education; environment; government; labor;
military; minority and ethnic groups; organizations of and for the
elderly, women, or youth; professions; and religion. For the governing
board or leadership to be considered broadly representative, the
applicant must have at least four different elements of the community
among its leadership. And, as the Commission has stated, ``a local
headquarters or residence must be a primary place of business or
primary residence and not, for example, a Post office box, lawyer's
office, branch office, or vacation home, which would not provide
sufficient contact between the station's decision and policy makers and
the area to be served.''
Applicants whose educational qualifications and proposed
programming were previously approved by the Commission and intend to
use the proposed station to advance a similar program may so certify by
answering ``Yes'' to the second question in the ``Eligibility'' section
on the Legal Certifications page of Schedule A-340 and indicate the
file number of the most recent full power television NCETV application
in which the Commission granted such approval. Applicants not
previously approved or those applicants planning to advance a program
dissimilar from one previously approved, i.e., answering ``No,'' must
establish their qualifications. The applicant must provide an exhibit
showing that it has an educational objective and that the station will
be used primarily for the advancement of an educational program that
will further that objective in accordance with 47 CFR 73.621. In
considering these requirements, emphasis is placed on proposed station
programs which are clearly educational in nature, i.e.,
[[Page 84132]]
actually involve teaching or instruction, whether for formal credit or
not. However, it is not necessary that the proposed station's
programming be exclusively educational in nature. Also, all programming
on the station must be noncommercial in nature, with no advertisements,
and must not offer support for or opposition to a candidate for
political office. The applicant should carefully review its governing
documents to confirm that it has an educational objective and that the
station will be used for the advancement of an educational program. In
addition, we remind applicants that, should they obtain a permit in
this window, they cannot conduct third-party fundraising on their
stations beyond a minimal amount permitted by our rules.
Section 73.621(a) of the Rules further provides that an NCETV
station will be licensed only upon a showing that the station will be
used ``primarily to serve the educational needs of the community; for
the advancement of educational programs; and to furnish a nonprofit and
noncommercial television broadcast service.'' In order to comply with
the requirement that an NCETV station ``be used primarily to serve the
educational needs of the community,'' more than half of the hours of
programming aired on a reserved channel must primarily serve an
educational, instructional or cultural purpose in the applicant's
proposed community of license. The applicant must provide an attachment
showing that the station will be used for the advancement of an
educational program in compliance with this requirement for NCETV
stations.
Financial Qualifications. Schedule A-340 requires each applicant
for a new NCETV station to certify that, at the time it files its
application, the applicant has sufficient net liquid assets on hand or
committed sources of funds to construct the proposed facility and
operate it for three months, without additional funds. Each applicant
should be prepared to submit supporting documentation upon Bureau staff
request.
Reasonable Site Assurance. At the time it files its application, an
applicant must have reasonable assurance that the specified site will
be available. Applicants filing this Schedule A-340 must certify that
the site specified in the application is available for its intended
use. If reasonable assurance is not based on the applicant's ownership
of the proposed site or structure, the applicant must certify that it
has obtained reasonable assurance of the site's availability by
contacting the owner or person possessing control of the site or
structure. The applicant must specify the name of the person contacted,
the person's telephone number, and whether the contact is the tower
owner, agent, or authorized representative.
Comparative Consideration of Applications
During the NCETV Filing Window, applications may be filed for the
channels at the locations listed in Appendix A. Applications filed for
the same channel and location are considered mutually exclusive (MX).
Each NCETV applicant must complete the ``Point System Factors/Tie
Breakers'' section of Schedule A-340 by the NCETV Application Deadline.
If MX applications proceed to a point system analysis, the Commission
will review the point submissions to compare the MX applications and
tentatively select the application with the highest point total from
each MX group for grant.
Point System Selection Criteria. In cases of MX applications for
new NCETV stations to operate on reserved channels, each application is
reviewed pursuant to the Commission's comparative process. This
procedure awards a maximum of seven merit points based on four criteria
deemed to be most relevant to predicting the applicant best qualified
to provide the service for which this spectrum has been reserved.
First, three points are awarded to applicants who have been local and
established for at least two years. Second, two points are awarded for
local diversity of ownership if there is no overlap of the principal
community contour of the proposed station and any other station
attributable to the applicant. Third, two points will be awarded for
certain statewide networks providing programming to accredited schools,
which cannot claim a credit for local diversity of ownership. Fourth,
one point is awarded to an applicant if its proposed area and
population is 10 percent greater than the next best proposal, or two
points if 25 percent greater than the next best proposal. The tentative
selectee is the applicant with the highest score. An overview of the
Commission's current comparative procedures and details on comparative
information an applicant must submit are provided below.
Established Local Applicant. To qualify for the three points as an
``established local applicant'' an applicant must certify that it has
been local continuously for at least two years immediately prior to the
Application Deadline. To be considered local, a non-governmental
applicant must have a physical headquarters, campus, or 75 percent of
its governing board members residing within 25 miles of the reference
coordinates of the proposed community of license. A governmental unit
is considered local within its jurisdictional boundaries.
If an applicant certifies that it is an ``established local
applicant,'' it must submit substantiating documentation with its
application to illustrate how it qualifies as local and established.
Examples of acceptable documentation include corporate material from
the secretary of state, lists of names, addresses, and length of
residence of board members and copies of governing documents requiring
a 75 percent local governing board, or course brochures indicating that
classes have been offered at a local campus for the preceding two
years.
Diversity of Ownership. To qualify for the two points for
``diversity of ownership,'' an applicant must certify that the
principal community contours of its proposed NCETV station do not
overlap with those of any other full-service or Class A television
station in which the applicant, or any party to the application, holds
an attributable interest.
To qualify for the diversity of ownership points, an applicant must
submit either a contour map showing no overlap with the proposed NCETV
station, or a statement that the applicant holds no attributable
interests in any nearby full service or Class A television stations.
Divestiture Pledges. We will permit an NCETV applicant with an
overlapping attributable interest to qualify for diversity of ownership
points if it commits to divest the broadcast interest or resign from
the attributable positional interest. The divestiture pledge must be
submitted with the application by the Application Deadline. The
applicant, however, will not be required to complete the pledged action
by the Application Deadline. Rather, if the permit is awarded based on
points, the actual divestiture or resignation must be completed by the
time the new NCETV station commences program test operations.
Statewide Network. The Commission awards two points for certain
statewide networks providing programming to accredited schools. These
points are available only to applicants that cannot claim a credit for
local diversity of ownership. The statewide network credit is an
alternative for applicants that use multiple stations to serve large
numbers of schools and, therefore, do not qualify for the local
diversity of ownership credit. Applicants claiming points as a
statewide network must
[[Page 84133]]
submit supporting documentation as an application exhibit.
Technical Parameters. The Commission awards up to two points to an
applicant that proposes the best technical proposal in an MX group
(i.e., proposes service to the largest population and area, excluding
substantial areas of water). An applicant will receive one point if its
proposed service area and population are 10 percent greater than those
of the next best area and population proposals, or two points if both
are 25 percent greater than those of the next best area and population
proposals, as measured by each proposed station's predicted noise-
limited service contour (NLSC) applicable to its channel. If the best
technical proposal does not meet the 10 percent threshold, no applicant
will be awarded points under this criterion.
Each applicant must include an application exhibit explaining how
it calculated the technical parameters. The applicant should specify
the year and blocks of census information used and the method used to
determine area. Area must be measured in square kilometers and exclude
significant areas of water, e.g., ocean and lakes. Population should be
measured using the 2020 Census Block Data available from the Census
Bureau.
Tiebreakers. In the event MX applicants are tied with the highest
number of points, the tied applicants will proceed to a tie-breaker
round. The first tie-breaker is the number of radio or television
station authorizations attributable to each applicant. The applicant
must count all attributable full power commercial and NCE television,
and Class A television, authorizations (licenses and construction
permits). The applicant with the fewest attributable authorizations
prevails.
If the tie is not broken by this first factor, the Commission will
apply a second tie-breaker: the number of pending television station
applications attributable to each applicant. When reporting pending
applications, applicants must include new and major change television
applications, including the subject application and all other
applications filed in this window by the Application Deadline.
Applicants should not include any requests to participate in an auction
filed on Schedule 175 and other applications such as voluntary
assignment of license, license renewal, and minor change in existing
facilities. The tentative selectee will be the applicant with the
fewest pending new and major change applications in the same service at
the time of filing.
Timely Documentation of Comparative Qualifications. As noted,
Schedule A-340 is certification-based, but requires applicants to
document certain claims by submitting supporting information. We
caution applicants that the basis for applicant point claims must be
readily ascertainable from timely-filed application exhibits.
Applicants, therefore, should review their supporting documentation
thoroughly before filing.
Certifications which require the applicant to submit documentation,
but which are not supported with any such timely documentation, will
not be credited. For example, every applicant claiming points for
diversity of ownership must certify that the proposed station's service
area would not overlap that of an attributable existing station. With
respect to the diversity certification, the preferred supporting
documentation is a map showing no overlap, or a statement that none of
the parties to the application holds an attributable interest in any
other station. While there is some flexibility in the type of
documentation an applicant may provide, an applicant submitting no
timely documentation at all cannot be found to have made a valid
certification and will not receive the claimed points. The Commission
will not consider documentation to support a claimed comparative point
if it is submitted in an amendment after the Application Deadline.
``Snap Shot'' Date for Establishing Points and Comparing
Applications. The NCETV applicant's qualifications for points will be
initially determined ``as of the closing of the filing window''--i.e.,
the Application Deadline. For example, NCE organizations will be
considered ``established'' if they have operated as local entities
since December 11, 2022--i.e., for at least two years prior to the
Application Deadline. These ``snap shot'' applicant characteristics
establish an applicant's maximum points and its maximum position in the
event of a tie-breaker. This common reference date ensures a level
competitive field for applicants, with their qualifications all
compared as of the same time.
Any changes made after the Application Deadline may potentially
diminish, but cannot enhance, an applicant's comparative position and
point total. Therefore, the Commission will take into account any
amendments that adversely affect an applicant's point total and
comparative position. The Commission will not consider any amendments,
filed after the Application Deadline, which improve an applicant's
comparative position. For example, an applicant may lose claimed
points, such as the diversity of ownership points, as a result of
acquiring an overlapping station after the Application Deadline. In
contrast, if an applicant certifies that it does not qualify for one of
the point factors, it cannot later amend its application to attempt to
claim such points. This is the case even if the applicant actually
would have qualified for the point it is seeking at the time it filed
the application.
Acceptability of Applications. Following the Application Deadline,
the Bureau will review all applications for compliance with the
relevant technical and legal rules. If an application is defective
(i.e., it does not comply with the Rules or meet the criteria specified
in this Public Notice), we will issue a deficiency letter to the
applicant providing the reason for deficiency and giving the applicant
thirty days to amend its application to cure the deficiency. Failure to
correct all deficiencies within 30 days of the date of the letter will
result in dismissal of the application.
Amendments to Applications. Following the Application Deadline,
each applicant must continue to maintain the accuracy and completeness
of the information in its application, and notify the Commission, by
electronically filing an amendment, of any substantial change that may
be of decisional significance to the application. For example, an
applicant will be required, pursuant to section 1.65 of the Rules, to
update its number of authorizations (Tiebreaker section) if/when one of
its pending applications is granted.
Local Public Notice. Applicants filing Schedule A-340 must provide
the public with notice to inform the community about the proposal.
Applicants for construction permits for a new NCETV station must give
online notice, either on the station website or a website affiliated
with the station, its licensee, or its parent entity, or otherwise by
posting notice in the form prescribed in the Rules on a publicly
accessible, locally targeted website, for 30 consecutive days following
acceptance of the application for filing.
The actions in the Public Notice are taken by the Chief, Media
Bureau, pursuant to authority delegated by sections 0.61 and 0.283 of
the Rules. 47 CFR 0.61 and 0.283.
[[Page 84134]]
Appendix A--Construction Permits in NCETV Filing Window
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Channel
State Community No.
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AL.................................. Vernon................. * 4
AK.................................. Anchorage.............. * 26
AK.................................. Bethel................. * 3
CA.................................. Colusa................. * 2
CA.................................. Fort Bragg............. * 4
CA.................................. Tulare................. * 3
ID.................................. Filer.................. * 18
IA.................................. Ames................... * 21
NM.................................. Alamogordo............. * 4
OR.................................. Jacksonville........... * 4
TX.................................. Waco................... * 20
VA.................................. Waynesboro............. * 12
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Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
[FR Doc. 2024-24245 Filed 10-18-24; 8:45 am]
BILLING CODE 6712-01-P
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