Report No. MM 95-80          MASS MEDIA ACTION              August 16, 1995


        FCC AFFIRMS BUREAU ACTION GRANTING SPANISH RADIO NETWORK'S
               TRANSFER OF CONTROL OF SIX RADIO STATIONS TO
                      HEFTEL BROADCASTING CORPORATION

     The Commission has affirmed two separate actions by the Mass
Media Bureau which approved the transfer of control of six radio
stations.  In so doing, the Commission denied applications for
review of those actions filed by Cambio Cubano, Professionales y
Empressario (Peca/Cape), and Contrapunto Magazine.

     Specifically, the Commission affirmed the grant of
applications to transfer control of 1) Spanish Radio Network
(SRN), licensee of Stations WQBA(AM) and WQBA(FM), Miami, FL,
WGLI(AM), Babylon, NY, and WADO(AM), New York, NY, from Mark
Blank, Tony Blank, Herbert M. Levin, Robert Frehling, Russell
Frehling, Kathy Kramer, and Broadcasting Holdings, Inc., to HBC
Florida, Inc. (a wholly-owned subsidiary of Heftel Broadcasting
Corporation); and, 2) Licensee Corporation #1, licensee of
WAQI(AM), and of Licensee Corporation #2, licensee of Station
WRTO(FM), Goulds, FL, from Mambisa Broadcasting Corporation to
Heftel Broadcasting Corporation.

     The petitioners sought to deny transfer of control of all
six stations to Heftel based on three main allegations: a) that
the acquisition of control of the Miami-area stations by Heftel
would violate the Commission's local radio ownership rules,
because the stations would have a combined audience share in
excess of 25 percent when only Spanish-language stations are
considered; b) that two of the stations, in which Heftel already 
held a minority ownership interest, had violated the personal
attack rule; and, c) that one of the other stations in which
Heftel held a minority interest had engaged in an incitement to
violence against opponents of viewpoints espoused by that
station.  

     In the Bureau's letter ruling granting the SRN transfer of
control application, the Bureau found that the evaluation of the
stations' combined audience share for local ownership rule
compliance purposes based on the language spoken on the stations
was inconsistent with the language and intent of the local
ownership rule.  The Bureau also found that the petitioners 

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failed to present evidence that the alleged personal attacks took
place during a discussion of a controversial issue of public
importance.  The Bureau's letter found that the petitioners's
personal attack claims were undermined by the fact that none of
the persons identified as targets of the attacks contacted the
stations to invoke their rights under the personal attack rule. 
The Commission stated that generally it does not entertain a
personal attack complaint where the complainant has not first
contacted the station and afforded the station an opportunity to
respond.

     Finally, with respect to the contention that the allegedly
inflammatory broadcasts on WQBA and WAQI incited "mob violence."
The Bureau had found that the Commission was constrained, in
light of First Amendment concerns, from taking action against the
stations without a prior finding by local courts that such
broadcasts presented a "clear and present danger" to those 
allegedly attacked.

     In denying the applications for review of the Bureau's
decisions, the Commission held that the Bureau had properly
resolved the issues raised by the petitioners, and it found no
error in the Bureau's prior decisions.
     
     Action by the Commission August 10, 1995, by Memorandum
Opinion and Order (FCC 95-354).  Chairman Hundt, Commissioners
Quello, Barrett, Ness, and Chong.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Richard Waysdorf at (202) 418-
2084.