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

In the Matter of                   )  MM Docket No. 96-104
                              )
Southwestern Broadcasting Corporation   )  File No. BRH-900315UC                     
                              )    
For Renewal of License             )
for Station KLZK(FM)               )
Brownfield, Texas                  )

                              ORDER

     Adopted:  May 21, 1997                   ;   Released:  May 23, 1997

By the Commission:

     1. This order grants a Motion for Reversal of Summary Decision and Grant of Application,
filed March 11, 1997, by Southwestern Broadcasting Corporation ("Southwestern"), and renews
the license of Southwestern for Station KLZK(FM), Brownfield, Texas.

     2. This proceeding was initiated because KLZK was off the air.  Southwestern's application
for renewal of license was set for hearing to determine whether Southwestern has the capability
and intent to expeditiously resume the broadcast operation of KLZK, consistent with the
Commission's rules.  Hearing Designation Order, DA 96-657, released April 29, 1996.  In a
Summary Decision ("S.D."), 11 FCC Rcd 9120 (ALJ 1996), Administrative Law Judge Richard
L. Sippel ("ALJ") denied Southwestern's renewal application and cancelled its station license. 
The ALJ found that, absent expedition of a modification application for new facilities filed by
Southwestern on May 8, 1996, it was unlikely that Southwestern had the capability to resume
broadcast operations before February 9, 1997, the date on which the station license would
automatically expire pursuant to Section 403(l) of the Telecommunications Act of 1996.  The
Mass Media Bureau had declined to process the modification application because it was filed after
the case was designated for hearing.  Subsequent to release of the S.D., the Bureau dismissed the
application.  

     3. In response to exceptions filed by Southwestern, the Commission held the proceeding
in abeyance.  See Southwestern Broadcasting Corp., 11 FCC Rcd 14880 (1996).  The Commission
stated that, in determining whether a licensee of a silent station has the requisite capability and
intent to expeditiously restore broadcast operations, its current practice is to consider steps the
licensee has taken during the course of the proceeding to return its station to the air.  The
Commission noted that Southwestern had moved promptly following designation to obtain a new
transmitter site for KLZK, to file its modification application for new facilities, and to secure
financing.  Accordingly, the Commission directed the Bureau to reinstate and expeditiously
process Southwestern's modification application and, if the application was technically complete
and otherwise grantable, to issue a construction permit by December 6, 1996 in order to assist the
return to the air of KLZK prior to the statutory deadline.  The Commission thus held the
proceeding in abeyance pending Bureau action on the application and the licensee's construction
of the new facilities, indicating that license renewal would be granted if Southwestern successfully
returned the station to the air before February 9. 1997.  Id. at 14882.

     4. In its Motion, which is supported by the declaration of its president, Thomas L. Crane,
Southwestern recites that the Bureau complied with the Commission's directive by issuing a
construction permit (File No. BPH-960508IA) to Southwestern on November 20, 1996. 
Southwestern further states that it completed construction of the new facilities and began
broadcasting on February 5, 1997, pursuant to the automatic program test authority provisions of
47 C.F.R. 73.1620.  Moreover, Southwestern states, it filed an FCC Form 302 application for
license to cover operation on the new facilities on February 6, 1997.  Southwestern requests that
its application for renewal of license now be granted.  In Comments filed March 21, 1997, the
Bureau supports Southwestern's Motion.

     5. In the circumstances presented, Southwestern has demonstrated its capability and intent
to expeditiously resume the broadcast operation of KLZK, consistent with the Commission's rules,
and has returned the station to the air prior to the statutory deadline.  Accordingly, the relief
requested is warranted.

     6. ACCORDINGLY, IT IS ORDERED. That the Summary Decision, 11 FCC Rcd 9120
(ALJ 1996), IS REVERSED, that the August 28, 1996 Consolidated Brief and Exceptions and the
application of Southwestern Broadcasting Corporation (File No. BRH-900315UC) for renewal of
license of Station KLZK(FM), Brownfield, Texas, ARE GRANTED, and that this proceeding IS
TERMINATED.

                         FEDERAL COMMUNICATIONS COMMISSION



                         William F. Caton
                         Acting Secretary