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

In re Applications of                   )    MM Docket No. 93-88
                                             )
EZ COMMUNICATIONS, INC.            )    File No. BR-910401C2
                                        )                                                 For
Renewal of License for                       )    
FM Radio Station WBZZ(FM)          )
on Channel 229B                         )    
at Pittsburgh, Pennsylvania             )
                              )
ALLEGHENY COMMUNICATIONS      )    File No. BPH-910628MC         GROUP, INC.                   )
                                             )                                                 For a
Construction Permit For A New )
FM Station on Channel 229B         )
at  Pittsburgh, Pennsylvania            )

                      O R D E R            
     Adopted:  February 7, 1997         ; Released:  February 10, 1997

By the Commission:

     1.   This Order affirmatively answers a question certified to the Commission by the
Memorandum Opinion and Order of Administrative Law Judge Edward Luton, FCC 97M-3, released
January 13, 1997, as to whether the restrictions contained in 47 C.F.R.  73.3523 should be waived
in order to approve the proposed settlement agreement of the applicants in this proceeding.

     2.   On November 12, 1996, EZ Pittsburgh, Inc. and Allegheny Communications Group,
Inc. filed a Joint Request for Approval of Settlement Agreement, requesting waiver of the provisions
of Section 73.3523 because the settlement has been proposed prior to the release of an Initial
Decision in this comparative renewal proceeding and because the proposed payment to Allegheny
exceeds the amount permitted by that rule.  The applicants note that, for reasons beyond their
control, the Commission's freeze of comparative proceedings has precluded release of an Initial
Decision in this case,  and that, in light of the adoption of the Telecommunications 
Act of 1996,  which eliminated the right of challengers to file applications for new facilities against
an incumbent licensee's renewal application for applications filed after May 1, 1995, the
Commission's limitation on the amount to be paid to such a competing applicant in order to deter
non-bona fide filings no longer serves any public interest purpose.  In Comments filed November
21, 1996, the Mass Media Bureau asserts that the public interest supports a grant of the requested
waiver in light of the fact that the limitations specified in Section 73.3523, which was intended to
deter the filing of competing applications by applicants seeking private enrichment rather than the
vindication of the public interest, are no longer necessary.  The Bureau also states that there is no
reason to believe that Allegheny filed its application for the purpose of obtaining monetary gain
because that filing did not take place until after the rule's restriction on payments to dismissing
applicants had been adopted.           

     3.   We agree with the parties that the requested waiver of the restrictions of Section
73.3523 on settlement agreements is appropriate.  We agree with the Bureau that, given the timing
of the filing of the applications here and the statutory change in the broadcast renewal process, it
serves the public interest to waive compliance with the limitations on the payment to be made to a
dismissing applicant in connection with the settlement of a comparative renewal proceeding.  Under
special circumstances involving comparative renewal proceedings, as here,  we believe that the
requested waiver will not undercut the purpose of the rule and that it will further the public interest. 
We thus direct the presiding ALJ to grant the applicants' request for waiver of the provisions of
Section 73.3523 and to proceed with his consideration of the settlement agreement filed by the
applicants on November 12, 1996.  Other requests involving similar comparative renewal
proceedings will be considered under this precedent.         

     4.   ACCORDINGLY, IT IS ORDERED, That the question certified to the Commission
IS ANSWERED affirmatively and that the presiding ALJ IS DIRECTED to proceed in accordance
with paragraph 3, above. 

                              FEDERAL COMMUNICATIONS COMMISSION


                                   William F. Caton 
                                   Acting Secretary