NOTICE


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                         NOTICE


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                                Before the 
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

In re Applications of                               )       MM Docket No. 88-306
                                                            )
Henry R. Malloy, Jr., d/b/a                         )       File No. BPH-860627MH
REM MALLOY BROADCASTING              )
                                                            )                                                   
PEEBLES BROADCASTING COMPANY         )       File No. BPH-860703ME
                                                    )
James S. Lee and                                    )       File No. BPH-860707MS
Donald L. Baker, d/b/a                              )
INTERACTIVE MEDIA                            )
                                                    )
BERNARD DAWSON                               )      File No. BPH-860707NW
                                                    )
SPECIAL MARKETS MEDIA, INC.                  )      File No. BPH-860703MH
                                                            )                                                   
For Construction Permit                             )
For A New FM Station on                             )
Channel 275A, Raleigh, North Carolina               )

O R D E R
                       

       Adopted:  August 13, 1996                    ; Released:  August 22, 1996

By the Commission:

       1.      This Order denies the Petition for Reconsideration of the Review Board's
Memorandum Opinion and Order, approving settlement agreements among the remaining
applicants in this proceeding, 11 FCC Rcd 4064 (1996), filed by Free Air Corporation on May
6, 1996.  An Opposition was filed by Bernard Dawson on May 21, 1996, and Free Air filed a
Motion for Leave to File and Reply to Opposition on June 3, 1996. 

       2.      Because the Review Board was eliminated, effective April 24, 1996, after the
release of its Memorandum Opinion and Order in this proceeding, and was not available to
entertain a petition for reconsideration, Free Air should have filed an application for review of
the Board's ruling, pursuant to 47 C.F.R.  1.115.  However, whether treated as an application
for review or as a petition for reconsideration, Free Air has raised no matter warranting extended
discussion.  Thus, we fully agree with the Board's disposition of this matter. 


       3.      ACCORDINGLY, IT IS ORDERED, That the Motion for Leave to File filed June
3, 1996 by Free Air Corporation IS GRANTED and that, pursuant to 47 C.F.R.  1.115(g), the
Petition for Reconsideration filed May 6, 1996 by Free Air Corporation IS  DENIED.

                                             FEDERAL COMMUNICATIONS COMMISSION


                                                    William F. Caton 
                                                    Acting Secretary