The groups addressed in this Order consist of applications that were filed or amended in October 2007, during the first filing window for NCE FM applications. These applicants have had an opportunity to settle among themselves and are now subject to a simplified, comparative process codified in Part 73, Subpart K, of the Commission’s Rules (the “Rules”). During the first step of this process the Bureau, acting pursuant to delegated authority, uses service area population data and certifications provided by the applicants to conduct a threshold analysis.
NCE October 2007 Window MX Group Numbers 61, 65, 68, 69, 77, 78, 79, 89, 95, 100, 101, 106, 115, 117, 131, 132, 136, 139, 141, 145, 154, 161, 162, 165, 182, and 187.
THRESHOLD FAIR DISTRIBUTION PROCEDURES
Section 307(b) of the Communications Act of 1934, as amended (the “Act”), performs a threshold determination as to whether grant of any of the applications would best further the fair, efficient, and equitable distribution of radio service among communities. An NCE FM applicant is eligible to receive a Section 307(b) preference if it would provide a first or second reserved band channel NCE aural service to at least ten percent of the population (in the aggregate), within the proposed station’s service area, provided that the population served is at least 2,000 people.
n applicant that subsequently makes engineering changes that would diminish its fair distribution position must amend its application to reflect that diminished position.