NOTICE


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                         NOTICE


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$//Los Amigos Media, A Limited Partnership, Temecula, CA., MM 91-309, MO&O,  
    95R-09//$
$/500.3525 Settlement Agreement/$



///newjob///
$///FCC 95R-09,4/25/95///$
                                Before the
                 FEDERAL COMMUNICATIONS COMMISSION   FCC 95R-09
                          Washington, D.C. 20554


                           MM Docket No. 91-309


In re Applications of

LOS AMIGOS MEDIA,                       File No. BPH-900122MM
A LIMITED PARTNERSHIP

KIMLER BROADCASTING, INC.                    File No. BPH-900122MN

ARTISTIC AIRWAVE BROADCASTERS      File No. BPH-900122MP

LAURA WILKINSON HERRON                  File No. BPH-900122MY

For Construction Permit for a
New FM Station, Channel 233A
Temecula, California


                       MEMORANDUM OPINION AND ORDER

   Adopted: April 21, 1995;   Released: April 28, 1995 


By the Review Board:  MARINO (Chairman) and GREENE.


     1.   On March 30, 1995, two of the four remaining applicants in this
comparative proceeding filed a joint petition for approval of joint settlement
agreement, which was supplemented on April 4, 1995. The Mass Media Bureau's
comments, filed April 12, 1995, support the joint request because it complies with
the requirements of the Communications Act, 47 CFR 311(c)(3), and the
implementing Commission Rule, 47 CFR 73.3525(a).  We grant the joint petition
for the reasons set out below.


     2.   Artistic Airwave Broadcasters and Los Amigos Media, a Limited
Partnership, seek Board approval of their settlement agreement. Los Amigos has
agreed to dismiss its application and in return Artistic Airwave will, subject to
Commission approval, pay Los Amigos a sum of $15,000, an amount less than Los
Amigos' total legitimate and prudent expenses.  As required by Section
73.3525(a), the applicants have shown that: (a) their applications were not filed for
the purpose of entering in a settlement agreement; (b) the amount of
reimbursement is less than the dismissing applicant's legitimate and prudent
expenses; and (c) the settlement is in the public interest because it would conserve
the Commission's scarce resources by reducing this comparative proceding to only
three parties. We agree with the Bureau that approval of the agreement will serve
the public interest. See Settlement Agreements, 6 FCC Rcd 85(1990), modified, 6
FCC 2901, 2902 (1991), and Allegan County Broadcasters, Inc., 83 FCC 2d 371,
373  5 (1980).

     3.   ACCORDINGLY, IT IS ORDERED, That the motion to reopen the record
and enlarge the issues against Los Amigos Media, a Limited Partnership, filed
March 1, 1995, and withdrawal of that motion, filed March 29, 1995, by Artistic
Airwave Broadcasters, ARE DISMISSED;  

     4.   IT IS FURTHER ORDERED, That the joint petition for approval of joint
settlement agreement filed by Artistic Airwave Broadcasters and Los Amigos Media
on March 30, 1995, and supplemented on April 4, 1995, IS GRANTED, that the
agreement IS APPROVED; and, that the application of Los Amigos Media, A
Limited Partnership (File No. BPH-900122MM) IS DISMISSED with prejudice.  


                              FEDERAL COMMUNICATIONS
COMMISSION



                              Joseph A. Marino
                              Chairman, Review Board