This document is a guide to how the FCC scores mutually exclusive (MX) applications for full-service noncommercial educational (NCE) stations that are filed during a window. The process will lead to either a single predicted winner (tentative selectee) or to two winners in a time share arrangement. This guide does not apply to LPFM stations, only full-service FM stations.
Fair Distribution Priority
If there are no applicants claiming any priority level – proceed to the point system.
First aural transmission service (also known as "white area")
If there is a bona-fide showing of first aural transmission service (not within the 70 dBu of any FM station except LPFM and FM translator and not within the 5 mV/m contour of any AM station), eliminate all applications of lower priority. If only one application remains, that application is the predicted winner. If more than one, proceed those applications to the point system. If there are none, proceed to tribal priority.
Tribal Priority
If a showing of first tribal service can be made and it meets the tribal priority criteria, eliminate all applications of lower priority. If only one application remains, that application will be the predicted winner. If more than one, the applicant with the highest population on tribal lands is the predicted winner and the other application(s) is/are eliminated. If there are no tribal priority applicants, but there are applicants that claim first NCE or aggregated first/second NCE, proceed to the appropriate flow. Otherwise, proceed to the point system.
First educational service priority
If multiple communities can claim first educational service priority
If a claim for first NCE service specifies a first NCE population of 2,000 or more persons representing at least 10% of the proposed 60 dBu service contour and there are eligible applicants in more than one community, eliminate all applications that do not propose a first NCE service. If one application remains, they are the predicted winner. If more than one application exists, sort the applicants by first NCE population. If the top applicant has a first NCE population of 5,000 greater than the next lower application, eliminate the lower ranked applications. If the difference is less than 5,000, continue this process considering the next lowest applicant as top applicant until there is a gap of 5,000 or greater or until out of applicants. If multiple applicants remain, with the non-first NCE applicants eliminated, follow this same process again using the calculated aggregated first/second NCE populations for the remaining applicants. If multiple applicants still remain, those applicants will proceed to the point system.
If only one community can claim first educational service priority
If at least one applicant claims first NCE population of 2,000 or more persons representing at least 10% of the proposed 60 dBu contour and all qualified applicants are in the same community, eliminate all applicants not in that community (keeping the ones that are in the same community even if they do not claim first NCE priority) and proceed to the point system.
Second educational service priority (no first service claims)
If multiple communities can claim second educational service priority
If there are no qualifying claims of first NCE, but there are claims for aggregated first/second NCE population of 2,000 or more persons representing at least 10% of the proposed 60 dBu service contour, eliminate all applicants with no priority. If one application remains, they are the predicted winner. If more than one application exists, sort the applicants by aggregated first/second NCE population. If the top applicant has an aggregated first/second NCE population of 5,000 greater than the next lower application, eliminate the lower ranked applications. If the difference is less than 5,000, continue this process considering the next lowest applicant as top applicant until there is a gap of 5,000 or greater or until out of applicants. If multiple applicants remain, proceed to the point system.
If only one community can claim second educational service priority
If at least one applicant claims aggregated first/second NCE population of 2,000 or more persons representing at least 10% of the proposed 60 dBu contour and all qualified applicants are in the same community, eliminate all applicants not in that community (keeping the ones that are in the same community even if they do not claim aggregated first/second NCE priority) and proceed to the point system.
Point System
Evaluate all remaining applicants to see if they claimed and have the supporting documentation for each of the following point categories:
- Established local presence – 3 points
- Diversity – 2 points
- State-wide network – 2 points (Can only be claimed if diversity is not claimed)
If one applicant in the group has both the highest land area and new population served, compare with the next lowest land area and new population served, even if the next lowest involves different applicants. If the top applicant has both land area and population that is 110% of the next lowest for each category, then 1 technical point is awarded. If the top applicant has both land area and population that is 125% of the next lowest in each category, 2 technical points are awarded. If none meet the criteria, then no technical points are awarded.
If one applicant in the group has the highest land area, but another applicant has the highest population in the group, there is no top applicant and no technical points are awarded.
Eliminate the applicants that do not have the highest number of points.
If only one applicant remains, they are the predicted winner.
If more than one applicant remains, move to the tie breaker.
Tie Breaker
In the first tie breaker, determine the applicant(s) with the lowest number of current authorizations and eliminate the others. If only one remains, they are the predicted winner. If more than one remains, determine the applicant(s) with the lowest number of pending applications and eliminate the others (0 pending applications counts as 1). If only one remains, they are the predicted winner. If more than one remains, determine if any applicants made a claim that they had a loss in a previous NCE comparative review. If there are applicants that do, eliminate any applicants that don’t. If there is only one applicant remaining, they are the predicted winner. If more than one applicant remains, move to time sharing.
Time Sharing
If there are two applicants remaining, they will be the tentative selectees in a time share group with the applicant with the earliest local establishment date having first choice of time slots in the event of an involuntary time share arrangement.
If more than two applicants remain, use the local establishment date to determine the applicants with the two earliest dates. Eliminate all other applicants. The remaining two applicants will be tentative selectees in a time share group with the earliest establishment date having the first choice of time slots in the event of an involuntary time share arrangement.
Scoring examples involving Fair Distribution priority
Only one community in MX group and fair distribution is claimed on some
|
Facility |
Community |
First NCE population |
1st/2nd NCE population |
Points (including technical) |
|
A |
PODUNK |
--- |
8000 |
2 |
|
B |
PODUNK |
--- |
--- |
3 |
|
C |
PODUNK |
--- |
--- |
5 |
In this case, the winner is C. Even though A has claimed fair distribution, all applicants are in the same community and fair distribution only applies when multiple communities are being compared. All applicants go to the point system and C wins on points.
Multiple communities in MX group but only one community at the higher priority level and not all applications in that community claim fair distribution
|
Facility |
Community |
First NCE population |
1st/2nd NCE population |
Points (including technical) |
|
A |
PODUNK |
2500 |
9500 |
2 + 1 tech |
|
B |
PODUNK |
--- |
--- |
3 |
|
C |
PODUNK |
--- |
--- |
5 |
|
D |
FARMVILLE |
140 |
7500 |
5 |
In this case, the winner is C. Only Podunk can provide first NCE service, so Farmville (D) is eliminated. This leaves one community, which can’t be further compared under fair distribution. As a single community, we move to the point system and C wins on points.
Multiple communities in the MX group that claim same level of fair distribution and there are additional applications in those same communities that do not claim fair distribution
|
Facility |
Community |
First NCE population |
1st/2nd NCE population |
Points (including technical) |
|
A |
PODUNK |
6000 |
8500 |
2 |
|
B |
PODUNK |
--- |
--- |
3 |
|
C |
PODUNK |
--- |
--- |
5 |
|
D |
FARMVILLE |
9000 |
12000 |
5 |
In this case, the winner is D. Because multiple communities meet the minimum threshold of 2,000 population, we have a comparison of communities and fair distribution procedures apply. In this case, B and C, with no fair distribution claim, are eliminated and A and D go to the point system. D wins on points.
Multiple communities in the MX group that claim same level of fair distribution at 1st NCE but has a higher level of service at 1st/2nd NCE, and there are additional applications in those same communities that do not claim fair distribution
|
Facility |
Community |
First NCE population |
1st/2nd NCE population |
Points (including technical) |
|
A |
PODUNK |
6000 |
8500 |
2 |
|
B |
PODUNK |
--- |
--- |
3 |
|
C |
PODUNK |
--- |
--- |
5 |
|
D |
FARMVILLE |
9000 |
12000 |
5 |
|
E |
RIVERTON |
13500 |
20350 |
3 |
In this case, the winner is E. Multiple communities must be compared so applications that do not claim fair distribution (B & C) are eliminated. In first NCE, Riverton is the top community however it is less than 5,000 more than the next community, Farmville. Farmville is less than 5,000 higher than Podunk, so we turn to 1st/2nd NCE. In 1st/2nd NCE, Riverton is the top community and has a population 5,000 higher than Farmville. Riverton provides a higher level of service, so the other competing communities (A & D) are eliminated leaving only E.
Multiple communities with differing levels of service at 1st NCE but the remaining applicants have the same level of service at 1st/2nd NCE
|
Facility |
Community |
First NCE population |
1st/2nd NCE population |
Points (including technical) |
|
A |
PODUNK |
6000 |
8500 |
2 |
|
B |
PODUNK |
--- |
--- |
3 |
|
C |
PODUNK |
--- |
--- |
5 |
|
D |
FARMVILLE |
18000 |
23000 |
5 |
|
E |
RIVERTON |
21000 |
27950 |
3 |
In this case, the winner is D. Multiple communities must be compared so applications that do not claim fair distribution (B & C) are eliminated. In first NCE, Riverton is the top community however it is less than 5,000 more than the next lower community, Farmville. Farmville, is more than 5,000 greater than the next lower community, Podunk. This eliminates A. Since D & E are at the same level of first NCE, we will evaluate at 1st/2nd NCE. At 1st/2nd NCE, the top community is Riverton, which has less than 5,000 more population than the next lowest community, Farmville. Since both applications are still at the same level of service, we turn to the point system. Despite having the lower population, Farmville has the most points. This eliminates E and only D is left.
