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                   Before the 
                     Federal Communications Commission
           Washington, D.C. 20554


   In re Application of)
     )
    Martin W. Hoffman,)
    Trustee)
     )
   For Renewal of the License of)File No. BRCT-881201LG
   Station WHCT-TV)
   Hartford, Connecticut)


     MEMORANDUM OPINION AND ORDER

                       Adopted:  May 5, 1997;         Released:  August 5, 1997

By the Commission:


     1. The Commission has before it an Application for Review filed on behalf of Shurberg
Broadcasting of Hartford ("SBH").  SBH had filed an application for a construction permit seeking the
frequency now assigned to Station WHCT-TV, which has been subject to a bankruptcy proceeding.   

     2.  SBH seeks review of a decision entered by the Office of Managing Director, that denied SBH's
petition to dismiss the renewal application filed by Martin W. Hoffman, the trustee in bankruptcy for
Station WHCT-TV for failure to file its fee by July 15, 1991, the hearing fee deadline established by the
Commission's Memorandum Opinion and Order, Proposals to Reform the Commission's Comparative
Hearing Process to Expedite the Resolution of Cases, 6 FCC Rcd 157 (1991), recon. granted in part, 6 FCC
Rcd 3403, 3408 (1991)(hereinafter referred to as the "Reconsideration Order").  The Office of Managing
Director's decision waived the hearing fee deadline and granted the request for acceptance of a late hearing
fee filed by Mr. Hoffman.  The Office of Managing Director premised its decision upon a finding that, as
the trustee in a bankruptcy proceeding, Mr. Hoffman's position before the Commission was somewhat
unique, that strict adherence to the Commission's procedural requirements would have frustrated Mr.
Hoffman's statutory mission under the bankruptcy laws, and finally that the underlying purpose of the
hearing fee deadline was to "expedite the comparative process for new broadcast facilities 'by encouraging
more and/or earlier settlements'" and thus was not applicable in a comparative renewal context (Emphasis
added.)

     3. SBH maintains that the Office of Managing Director erred in waiving the hearing fee deadline
and in accepting Mr. Hoffman's late filed hearing fee.  Specifically, SBH maintains that the Commission's
hearing fee requirements apply to new, as well as challenged renewal applicants, that Mr. Hoffman was
required to timely file the renewal application in accordance with the established hearing fee deadline, and
that Mr. Hoffman's alleged ignorance of the deadline or unfamiliarity with the Commission's processes
did not excuse his failure to comply.  SBH also contends that Mr. Hoffman now has only retained the
license, having distributed "virtually all of the debtor's real and personal property," and thus dismissal of
his application would not interfere with "Mr. Hoffman's supposed interest in 'distribution of the debtor's
assets to the maximum benefit of creditors.'" 

     4. SBH correctly points out that the Commission subjects both applicants for new broadcast
stations and applicants for renewal that face comparative challenge to the hearing fee requirement.  See
Reconsideration Order, 6 FCC Rcd at 3403, 3409 n.2.  As the renewal of Station WHCT-TV was subject
to challenge, Mr. Hoffman thus was required to tender the hearing fee payment by the established July 15,
1991 procedural deadline.  However, under the circumstances, we find that the Office of Managing
Director's decision appropriately waived the hearing fee deadline and granted Mr. Hoffman's request for
acceptance of a late hearing fee.   As the Office of Managing Director's decision states, whereas a
bankruptcy trustee representing a debtor licensee before the Commission generally is subject to the
Commission's rules and regulations, the Commission recognizes that the trustee has a specific statutory
mission and that strict enforcement of our procedural rules may conflict with the bankruptcy laws.   See,
e.g., LaRose v. FCC, 494 F. 2d 1145 (D.C. Cir. 1974).  Waiver of the hearing fee deadline, in this instance,
has served the public interest by accommodating the bankruptcy laws and by enabling Mr. Hoffman to
carry out his responsibilities as the appointed trustee for Station WHCT-TV.   See 47 C.F.R. 1.1117.

     5. ACCORDINGLY, IT IS ORDERED, that, pursuant to 47 U.S.C. 155(c)(5); 47 C.F.R.
1.115(g), the application for review filed by SBH IS DENIED.

     FEDERAL COMMUNICATIONS COMMISSION



     William F. Caton
     Acting Secretary