Report No. MM-830            MASS MEDIA ACTION                 May 25, 1994


             FCC AFFIRMS DISMISSAL OF FM 104'S APPLICATION FOR
                       NEW FM STATION AT CLEMSON, SC

     The Commission has denied FM 104.9 Broadcasting
reconsideration of the Mass Media Bureau's dismissal of its
application for a new FM station on Channel 285A in Clemson, SC. 
FM 104's application was dismissed by the Bureau because it did
not contain a local public notice certification.

     In its request for reconsideration, FM 104 contended that
the "hard look" requirements were adopted in violation of the
notice and comment rulemaking provisions of the Administrative
Procedure Act.  FM 104 attempted to recast its petition for
reconsideration as a waiver request of the "hard look"
requirements, instead of a direct challenge.

     The Commission stated that the notice argument had been
raised and rejected in prior proceedings.  As to FM 104's attempt
to have the hard look requirements waived, it noted that such a
waiver cannot be granted because under "hard look" processing, a
request to waive a tenderability requirement must be filed with
the original application or as an amendment filed during the
application filing window.  FM 104's waiver request was therefore
untimely and, in any event, would have been denied because of the
prejudice that would have otherwise ensued to competing
applicants who complied with the "hard look" requirements.  FM
104's petition for leave to amend was also denied as a late-filed
and prejudicial attempt to cure a tenderability defect.

     Action by the Commission April 19, 1994, by Memorandum
Opinion and Order (FCC 94-95).  Chairman Hundt, Commissioners
Quello and Barrett.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 632-5050.
     Mass Media Bureau contact: Jerome Robinson at (202) 632-
3954.