In document FCC-10-142A1.doc the FCC announced today the tentative decision on the resolution of the competing broadcast NCE license applications for the Lincoln County, Oregon, region submitted in October, 2007.  Thirty days are allowed for appeals to be filed. The text of the announcement follows.

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tracked application(s): BNPED-20071018ACY, BNPED-20071022BGO, BNPED-20071012AIR,
BNPED-20071015AKI, BNPED-20071019AZQ in FCC Document: FCC-10-142A1.doc release date: 2010-08-03 MX Group: 401 ---------------- Paragraph: 16: Group 401. This group consists of seven mutually exclusive applications for five communities in Oregon. Firebare, Inc. ("Firebare") and Confederated Tribes of Siletz Indians of Oregon ("Tribes") each propose service to Siletz. Winds of Praise Broadcasting ("Winds") and Educational Broadcast Service ("EBS") each propose service to Newport. The other applicants are: Oregon State Board of Higher Education for the University of Oregon ("Oregon Board") for Depoe Bay; Community Presbyterian Church of Waldport ("CPCW") for Toledo; and Better Life Television, Inc. ("BLT") for Selma. When applicants propose different communities, the Commission must first determine whether any applicant is credited with a dispositive fair distribution preference. Oregon Board, Firebare, CPCW, and Tribes each claim eligibility for a fair distribution preference.^ Winds, BLT, and EBS do not and, accordingly, are eliminated. No remaining applicant asserts a preference for first NCE service alone, instead relying on both first and second NCE service population totals. Oregon Board, Firebare, CPCW, and Tribes propose aggregated first and second NCE service to 9,529 people, 9,108 people, 13,370 people, and 5,639 people respectively. These proposals are comparable because none would serve at least 5,000 more people than the next best applicant. Accordingly, the four remaining applicants will proceed to a point hearing. Paragraph: 17: Oregon Board, Firebare, CPCW, and Tribes each claim to be eligible for three points as an established local applicant. Firebare, CPCW, and Tribes claim two points each for diversity of ownership. Tribes, however, does not support its diversity claim and will not be credited with points under this criterion. Oregon Board certifies that it is not entitled to any points under this criterion. No applicant claims points as a statewide network. With respect to technical parameters, Oregon Board's proposed 60 dBu contour would encompass 708 square kilometers with a population of 24,003. Firebare's proposed 60 dBu contour would encompass 688 square kilometers with a population of 23,729. CPCW's proposed 60 dBu contour would encompass 909 square kilometers with a population of 28,433. Tribes' proposed 60 dBu contour would encompass 385 square kilometers with a population of 15,169. CPCW qualifies for one point under the best technical proposal criterion because its proposal would serve at least ten percent more area and population than Oregon Board's next best proposal. Accordingly, Oregon Board and Tribes are each credited with a total of three points, Firebare with a total of five points, and CPCW with a total of six points.^ CPCW is the tentative selectee in Group 401. Paragraph: 81: Group 401. Accordingly, IT IS ORDERED, That Community Presbyterian Church of Waldport is TENTATIVELY SELECTED to be awarded a construction permit for a new NCE FM station in Toledo, Oregon and its application IS ACCEPTED FOR FILING, establishing a deadline thirty (30) days hereafter for the filing of petitions to deny. If, after the petition to deny period has run, there is no substantial and material question concerning the grantability of the tentative selectee's application, we direct the staff, by public notice, TO DISMISS the mutually exclusive applications of Firebare, Inc. (File No. BNPED-20071015AKI), Confederated Tribes of Siletz Indians of Oregon (File No. BNPED-20071019AZQ), Winds of Praise Broadcasting (File No. BNPED-20071012AIR), Oregon State Board of Higher Education for the University of Oregon (File No. BNPED-20071012API), Better Life Television, Inc. (File No. BNPED-20071022AQE), and Educational Broadcast Service (File No. BNPED-20071022BGO), and TO GRANT the application of Community Presbyterian Church of Waldport (File No. BNPED-20071018ACY) CONDITIONED UPON that selectee's compliance with Section 73.7005 of the Commission's Rules, 47 C.F.R. S 73.7005, which sets forth a four-year holding period for applicants that are awarded permits by use of a point system and also provides that an applicant receiving a Section 307(b) preference that is decisive over another applicant must operate technical facilities substantially as proposed for a period of four years of on-air operations.

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