NEWSReport No. MM 97-3 MASS MEDIA ACTION January 29, 1997 FCC TO GRANT ROUTINE REQUESTS TO VACATE FILED IN CON JUNCTION WITH SETTLEMENTS INVOLVING FROZEN APPLICANTS; Grants Request to Vacate Concerning Crystal Communications (MM Docket No. 87-338) The Commission has granted a request to vacate findings and conclusions of its Initial Decision concerning Crystal Communications, Inc., stating that routine requests to vacate filed in conjunction with settlements involving frozen applicants will be granted. The Commission has concluded that, following the approach of most federal courts, requests to vacate findings and conclusions of earlier portions of proceedings that are filed in conjunction with settlement agreements will generally be denied, unless the parties make a showing of special circumstances beyond the mere fact of settlement. In the case of Crystal Communications of Salinas, California, the Commission found that circumstances warranted an exception to this general approach. Noting that Crystal has been unable to obtain a ruling on its exceptions to the Initial Decision, which was filed in 1989, due to the Freeze on Comparative Proceedings, the Commission stated that the public interest would be served by giving favorable consideration to Crystal's request and to other routine requests to vacate filed in conjunction with settlement agreements involving frozen applicants. Action by the Commission January 24, 1997, by Order (FCC 97-20). Chairman Hundt, Commissioners Quello, Ness and Chong. - FCC - News Media Contact: Rochelle Cohen at (202) 418-0500. Office of General Counsel Contact: John I. Riffer at (202) 418-1756.