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ILLINOIS - The University of Illinois Board of Trustees

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19791 UNIVERSITY OF <strong>ILLINOIS</strong> 245<br />

village <strong>of</strong> Cicero, near Chicago. This wad the first such AM channel to be vacated<br />

in a major metropolitan area in many years, and the first AM or FM channel for<br />

which the <strong>University</strong> could apply that would permit service to an appreciable part<br />

<strong>of</strong> the Chicago metropolitan area.,<br />

While questions <strong>of</strong> specific funding <strong>of</strong> construction and <strong>of</strong> the ultimate broad-<br />

cast operation did not require immediate answers, the board and the administrative<br />

<strong>of</strong>ficers have been sensitive to them while the <strong>University</strong>’s application went forward,<br />

and such matters have been the subject <strong>of</strong> continuing discussions among the<br />

<strong>of</strong>ficers <strong>of</strong> the Chicago Circle and Medical Center campuses and the general<br />

university.<br />

Although the <strong>University</strong>’s application is believed to be a strong one, un-<br />

certainties and delays in the application process have affected the <strong>University</strong>’s<br />

ability to maintain a high-priority commitment to this public service activity.<br />

Further, as numerous issues affecting the award <strong>of</strong> the license have been resolved,<br />

one has grown to major significance: stations broadcasting on this and nearby chan-<br />

nels are exclusively commercial, and a direct contention between a public broad-<br />

caster, the <strong>University</strong>, and commercial applicants (at least two strong ones in the<br />

present instance) over a nominally commercial channel is without precedent.<br />

<strong>The</strong> counsel retained by the board has received an <strong>of</strong>fer from certain <strong>of</strong> the<br />

commercial applicants which is the basis for the resolution that follows: In return<br />

for seeking dismissal <strong>of</strong> its application for this license, the <strong>University</strong> would be<br />

reimbursed for its expenses to date (as determined in accordance with the pnr<br />

cedures <strong>of</strong> the Federal Communications Commission) ; further, the board would be<br />

given a right <strong>of</strong> first refusal to purchase the interests <strong>of</strong> the presumably successful<br />

applirants for the license should they elect to dispose <strong>of</strong> it in the future. Settlement<br />

would allow early inauguration <strong>of</strong> commercial service attentive to the special needs<br />

<strong>of</strong> Cicero and nearby communities. In the meantime, the <strong>University</strong> will continue<br />

to explore the feasibility <strong>of</strong> improving its service to the Chicago region through<br />

expanded FM capability and other means.<br />

<strong>The</strong>refore, the president <strong>of</strong> the <strong>University</strong>, with the concurrence <strong>of</strong> the a p<br />

propriat? administrative <strong>of</strong>ficers, recommends the adoption <strong>of</strong> the following resolu-<br />

tion approving the withdrawal <strong>of</strong> the <strong>University</strong>’s application and settlement <strong>of</strong> the<br />

matter on the terms indicated.<br />

Resolution<br />

Whereas, <strong>The</strong> <strong>Board</strong> <strong>of</strong> <strong>Trustees</strong> <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> previously<br />

authorized the preparation, filing, and prosecution <strong>of</strong> an application for a con-<br />

struction permit for a new standard broadcast noncommercial educational station<br />

at Cicero, <strong>Illinois</strong>;<br />

Whereas. in authorizing that application the <strong>Board</strong> recognized a great need<br />

for public radio service in the Chicago area;<br />

Whereas. the application made by the <strong>Board</strong> has been forestalled by similar<br />

applications by parties proposing commercial operations and lengthy litigation has<br />

ensued,<br />

Whereas, the parties to that litigation have proposed a resolution <strong>of</strong> the<br />

pending litigation which will reimburse the <strong>Board</strong> for its expenses in that litigation,<br />

Whereas, the proposed resolution also provides an opportunity for earlier<br />

inauguration <strong>of</strong> commercial service attentive to the special needs <strong>of</strong> Cicero and<br />

nearby neighborhoods, and<br />

Wherem, the proposed resolution allows the <strong>Trustees</strong> to acquire the station if<br />

its operation is discontinued,<br />

Now, <strong>The</strong>refore, the <strong>Board</strong> <strong>of</strong> <strong>Trustees</strong> <strong>of</strong> the <strong>University</strong> <strong>of</strong> <strong>Illinois</strong> hereby<br />

authorizes its Officers and Counsel to:

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