Report No. MM-951            MASS MEDIA ACTION              January 9, 1995


       COMMISSION UPHOLDS ACTION REGARDING THE GRANT OF CONSTRUCTION
             PERMIT FOR STATION KTSR(FM), COLLEGE STATION, TX

     The Commission has denied Roy E. Henderson's application for
review of a petition for reconsideration of the grant of a
construction permit to Hicks Broadcasting Corp., licensee of
KTSR(FM), College Station, TX.

     In MM Docket 88-48, Hicks requested and was subsequently
granted permission to substitute Channel 297C3 for Channel 221A
at College Station, and to modify the license of KTSR(FM) to
specify Channel 297C3.  Additional, in MM Docket 88-48,     
Henderson proposed an upgrade of Channel 236C2 for Channel 221A
at Caldwell, TX.  The Mass Media Bureau declined to consider
Henderson's proposal.  On May 24, 1990, Henderson filed an
application for review of the Bureau's decision.  On April 3,
1991, the Commission denied Henderson's application for review,
holding that the Bureau properly disregarded Henderson's filing
because his proposal was not in compliance with the minimum
spacing requirements and because Henderson was not a permittee
when he purportedly filed his upgrade proposal.  A May 17, 1991
petition for reconsideration of the denial was filed.

     On July 6, 1990, Hicks filed a construction permit
application to implement the changes authorized in Docket 88-48 
and his application was subsequently granted by the Bureau. 
Henderson sought reconsideration of that grant, noting that his
application for review of the Commission's determination in
Docket 88-48 remained pending.   The Bureau denied Henderson's
December 28, 1990 petition for reconsideration because the
Commission had, by then, denied Henderson's application for
review concerning Docket 88-48.

     In the instant proceeding, Henderson argued that the 
May 17, 1991 petition for reconsideration, which sought
reconsideration of the Commission's April 3, 1991 decision,
should be resolved before grant of KTSR(FM)'s construction
permit.  The Commission, noting that the May 17, 1991 petition
for reconsideration has been denied and that no appeal of that
decision has been filed, found that Henderson's argument is now
moot.


                                  (over)

                                    -2-

     Action by the Commission December 22, 1994, by Memorandum
Opinion and Order (FCC 94-332).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Ben Halprin at (202) 418-2710.