Report No. DC95-41         ACTION IN DOCKET CASE             March 14, 1995


          COMMISSION UPHOLDS REVIEW BOARD DECISION IN PROCEEDING
           FOR NEW FM STATION ON CHANNEL 290C AT ROUND ROCK, TX
                          (MM DOCKET NO. 90-608)

     The FCC has upheld a decision by the Review Board regarding
the proceeding for a new FM station on Channel 290C at Round
Rock, TX.   By upholding the Board's decision, the Commission 
leaves undisturbed the Administrative Law Judge's (ALJ) refusal
to issue a partial initial decision on non-comparative issues
while the comparative freeze remains in effect.  In taking this
action, the Commission denied the motion for leave to file and
dismissed the application for review filed by August
Communications Group, Inc., an applicant in this proceeding.

     In 1992, a hearing was conducted under the designated
issues, which included in addition to the standard comparative
issue, issues concerning the basic qualifications of two of the
three remaining applicants in the proceeding.  In deference to
the freeze on comparative proceedings, however, the ALJ refrained
from issuing an initial decision.

     In June 1994, August Communications Group asked the ALJ to
issue a partial initial decision on the non-comparative issues. 
The ALJ held that such action would be contrary to instructions
in the Commission's freeze order of February 25, 1994.  August
asked the ALJ for permission to file an interlocutory appeal from
the ruling.  This request was subsequently denied by the ALJ.

     August then appealed to the Review Board.  The Board held
that August had failed to make a showing that would warrant
consideration of an unauthorized interlocutory appeal and thus
denied the motion for leave to file and dismissed the appeal.

     Action by the Commission March 7, 1995, by Memorandum
Opinion and Order (FCC 95-100).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.