Report No. MM 96-01          MASS MEDIA ACTION             January 22, 1996


        STATE OF OREGON DENIED RECONSIDERATION OF THE DISMISSAL OF    
                  ITS UNTIMELY FILED APPLICATION FOR NEW 
            NONCOMMERCIAL EDUCATIONAL FM STATION IN REDDING, CA

     The Commission has denied a petition for reconsideration
filed by the State of Oregon Acting By and Through The State
Board of Higher Education (Oregon) for review of the dismissal of
its application for a new educational FM station in Redding, CA. 
Oregon's application was dismissed as untimely filed. 

     Oregon argued that the issuance of two cut-off dates
constituted prejudicial procedural error on the part of the FCC. 
Oregon claimed it exercised due diligence in attempting to
ascertain the correct cut-off date for the application.  As a
result of its efforts, Oregon contended that the Commission's
cut-off date rule should be waived.  Oregon's petition for
reconsideration also argued that a recent decision of the United
States Court of Appeals for the District of Columbia Circuit
required reconsideration of the Commission's prior action.

     Denying reconsideration, the Commission noted that in the
case cited by Oregon, the Court held that the issuance of
ambiguous filing instructions for applicants applying for the
evolving cellular radio service constituted lack of adequate
notice to the applicants.  However, the Commission declined to
hold that the placement of an application on duplicative cut-off
lists constitutes a lack of notice.  Rather, the Commission
concluded that the subsequent cut-off list has no legal effect
and its  issuance does not start the cut-off process over again. 
The Court of Appeals has agreed with this assessment in an
earlier case.

     Action by the Commission November 20, 1995, by Memorandum
Opinion and Order (FCC 95-464).  Chairman Hundt, Commissioners
Quello, Barrett, and Chong, with Commissioner Ness dissenting and
issuing a statement.

                                   -FCC-

     News Media contact: Patricia A. Chew at (202) 418-0500.
     Mass Media Bureau contact: Alan L. Myers at (202) 418-2774.