A town in Lowndes County, Ga., with less than 1,000 residents was poised to become the city of license for a new noncommercial FM radio station, a religious operation to be run by Elijah Radio.
Now, however, the FCC has changed its mind, and is rescinding its decision to name Elijah its tentative selectee in NCE MX Group 59B.
What happened that led the Chief of the Audio Division of the FCC’s Media Bureau, Al Shuldiner, to cancel its decision to give Elijah Radio the right to build a facility in Dasher, Ga., just south of Valdosta?
To answer the question we must look at the November 2021 noncommercial FM filing window opened by the Commission. Group 59B originally included two additional applicants: CSN International and Inverse Focus Ministry Inc.
The Bureau initially performed a fair distribution analysis of the eight applications and identified Inverse as the tentative selectee in Group 59B. Inverse and CSN, however, subsequently requested dismissal of their applications. Accordingly, the Bureau conducted a
second 307(b) analysis and identified Big Bend Heritage Music Association Inc. as the new tentative selectee of this group.
However, Big Bend subsequently filed an amendment to its application in which it revised its population data and certified that it was not eligible for a fair distribution preference. Because of that revision, a third 307(b) analysis was conducted. And, the FCC identified Elijah as the tentative selectee of this group.
Upon release of the Order indicating Elijah was the tentative selectee, counsel for Georgia Public Telecommunications Commission informed the Bureau that the staff neglected to address the GPTC petition.
Although the GPTC petition primarily argues that the tentative selection of Big Bend should be rescinded, the petition also noted that the November 2022 Fair Distribution Order relied on the incorrect fair distribution exhibit when analyzing the Elijah application, specifically relying on the exhibit provided in the original application instead of the revised exhibit in the application as amended on January 28, 2022.
The NCE MX Group 59B Order also mistakenly relied on Elijah’s original fair distribution exhibit instead of its revised exhibit.
Oops. As a result the Audio Division rescinded the NCE Group MX 59B Order to the extent it identified the Elijah Application as the new tentative selectee of NCE MX Group 59B and instructed the Commission to conduct a new fair distribution analysis considering Elijah’s revised fair distribution exhibit.
Elijah and GPTC each claims that it is eligible for a fair distribution preference based on
combined first and second NCE population totals; the other applicants don’t.
Elijah would provide a combined first and second NCE service to 2,149 people; and GPTC to 6,971 people, Shuldiner shared. Thus, the proposals are comparable, leading to a point system analysis to judge who should get the noncommercial FM allocation.
Now, it is up to the Commission to decide whether Elijah Radio will get the new FM after all, or if GPTC will get the right for a new FM in Pelham, Ga., 30 minutes to the west of Moultrie.
