$// Big Pine B/c'g (KEEP(FM)), Bandera TX, MO&O, FCC 95-38 //$
$/ 1.115 Application for Review, Denied /$
$/ 73.3597 Procedures on Transfer & Assignment Applications /$

                                BEFORE THE
                     FEDERAL COMMUNICATIONS COMMISSION            FCC 95-38
                          WASHINGTON, D.C.  20554


In re Applications of                 )
                                      )
BIG PINE BROADCASTING, INC.           )
     (Assignor)                       )
                                      )
          and                         )     File No.  BALH-911030GS 
                                      )
JAMES G. WITHERS                      ) 
     (Assignee)                       )
                                      )
For Assignment of License of          )
Station KEEP(FM) (formerly KHLC(FM))  )
Bandera, Texas                        )
                                      )
RADIO MEDINA, INC.                    )
     (Assignor)                       )
                                      )     File Nos. BAL-920115EB
           and                        )               BAPH-920115EC
                                      )
JAMES G. WITHERS                      )
     (Assignee)                       )
                                      )
For Assignment of License/Permit of   )
Stations KRME(AM)/KRBH(FM)            )
Hondo, Texas                          )


                       MEMORANDUM OPINION AND ORDER

Adopted:  January 30, 1995;           Released:February 13, 1995

By the Commission:

     1.  The Commission has under consideration an "Application for Review"
filed on September 23, 1993 by Reding Broadcasting Company ("Reding").  Reding
requests review of actions by the Chief, Audio Services Division by letters
dated August 24 and November 1, 1993.  Those decisions denied Reding's
informal objection and granted the above-captioned applications for the
assignment of license of Station KEEP(FM) (formerly KHLC(FM)), Bandera, Texas
from Big Pine Broadcasting, Inc. ("Big Pine") to James G. Withers ("Withers")
and for the assignment of license and permit of Stations KRME(AM) and
KRBH(FM), Hondo, Texas from Radio Medina, Inc. ("Radio Medina") to Withers. 

     2.  In its informal objection, Reding argued that the KHLC assignment
application proposed to convey a "bare license" to Withers, that Withers is
not financially qualified, and that Withers held an undisclosed 49% ownership
interest in Radio Medina.  In the August 24, 1993 letter, the Chief, Audio
Services Division thoroughly considered these contentions and found them to be
without merit.  Reding's application for review repeats its arguments and we
concur that they are without merit.

     3.  To the extent that Reding's application for review raises new
arguments, it must be rejected on procedural grounds.  See 47 C.F.R.
 1.115(c) ("No application for review will be granted if it relies on
questions of fact or law upon which the designated authority has been afforded
no opportunity to pass.").  In any event, the new allegations are highly
speculative and bear insufficient support to raise a substantial and material
question of fact warranting further inquiry.  Specifically, Reding argues that
Radio Medina "will remain a real party in interest" in KRME-KRBH based on the
fact that Withers is paying much of the purchase price over time.  The
deferred payment plan, however, is a legitimate business arrangement between
the buyer and seller, and does not, standing alone, indicate that the seller
is retaining any ownership interest in or control over the stations.  Reding
also alleges that the KRBH construction permit "is being sold for a profit." 
However, the section of the original asset purchase agreement concerning
contingent future payments -- relied upon by Reding to show that the current
value of the FM permit to the parties is in excess of the $10,000 stated
purchase price -- was deleted by the parties on March 9, 1993.

     4.  ACCORDINGLY, IT IS ORDERED, That, pursuant to Section 1.115(g) of the
Commission's Rules, the "Application for Review" filed on September 23, 1993
by Reding Broadcasting Company IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION
                              
                              
                              
                              William F. Caton
                              Acting Secretary